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AMENDED AND RESTATED LEASE AND LICENSE AGREEMENT FOR FIBER OPTIC TELECOMMUNICATIONS NETWORK BETWEEN CITY OF LOUISVILLE AND BOULDER VALLEY SCHOOL DISTRICT NO. RE-2 Dated August 12, 2018 THIS AGREEMENT ("Agreement") is between the BOULDER VALLEY SCHOOL DISTRICT No. RE-2, a Colorado school district (the "District"); and the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and is entered into and effective as of August 12, 2018. BACKGROUND A. Pursuant to the Lease and License Agreement for Fiber Optic Telecommunications Network between the City of Louisville and Boulder Valley School District No. RE-2 dated August 12, 2008 (the "2008 Agreement"), which Agreement expired by its terms on August 12, 2018, the District has built a fiber optic telecommunications network throughout its boundaries. As part of the District Network, the District constructed two fiber optic rings. The east ring provides service to the Louisville/Lafayette area; the west ring provides service to the City of Boulder and western Boulder County area. B. The District installed a 288 strand fiber optic cable throughout the City of Boulder, the City of Louisville, the City of Lafayette and unincorporated Boulder County to build its Network. C. The City owns the public rights of way within the City of Louisville, a portion of which the District has leased for the last ten years for the purpose of installing part of the District Network. D. Within portions of the District Network, the City has conduit that includes six pair 22 AWG cable and empty conduit. The City has leased portions of the public right of way and conduit to the District. Where there was no City Conduit available for use by the District, the City permitted the District to use the public right of way for the installation of conduit and fiber to build the District Network. E. In consideration for use of City right of way and City Conduit space, the District has provided to the City 12 strands of fiber optic cable throughout portions of its east ring. In addition, the District has provided the City 12 strands of fiber optic cable along certain spur routes that are not part of the east ring. F. As additional consideration, at no cost to the City, the District extended telecommunications conduit and/or fiber optic cable with 12 AWG locator wire to individual City buildings such as the North Water Treatment Plant — Main Building, Pretreatment Building and High Zone Pump Station (1955 N. Washington Ave.), City Hall (749 Main St.), Police Station (992 Via Appia) and Recreation Center (900 Via Appia), and provided one conduit with splice boxes for a crossing of SH42 at Pine St. and included splice boxes for future connection of the