|
<br />SlTB NAME: Louisville Rccrealiollll Ceoler
<br />SITE NUMBER: CO- DENtin
<br />
<br />SITE LEASE AGREEMENT (BUILDING)
<br />
<br />r1k THIS GROUND SITE LEASE AGREEMENT ("Agreement" or "Lease") dated and effective as of
<br />t()I I~ J. ,2010, is between Clear Wireless LLC, a Nevada limited liability company ("Clearwire" or
<br />"Tenant"), ana the City of Louisville, a Colorado home rule municipal corporation ("Owner" or "Landlord").
<br />
<br />For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
<br />parties hereto agree as follows:
<br />
<br />1. Premises. Landlord owns a parcel of land ("Land" or "Property") located in the City of
<br />Louisville, County of Boulder, State of Colorado, commonly known as the Louisville Recreational Center, 900 W.
<br />Via Appia, Louisville, Colorado 80027 (APN: 157507300056). The Land is more particularly described in Exhibit
<br />A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective DatelDue Diligence Period"), Owner
<br />hereby leases to Clearwire and Clearwire leases from Owner approximately 7'xT (49) square feet of the rooftop of
<br />the Property, as described on Exhibit "B", (collectively, "Premises").
<br />
<br />2. Effective DatelDue Diligence Period. This Agreement shall be effective on the date of full
<br />execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term
<br />Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted
<br />to enter the Property, upon reasonable notice to the Landlord, for the limited purpose of making appropriate
<br />engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal,
<br />topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that
<br />Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the
<br />Premises. Clearwire shall restore the Property and any areas disturbed by such inspection to the condition that
<br />existed prior to such inspection. In the e:vent that Clearwire determines, during the Due Diligence Period, that the
<br />Premises are not appropriate for Clearwirl~'s intended use, or if for any other reason, or no reason, Clearwire decides
<br />not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without
<br />penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term
<br />Commencement Date, and upon such termination, both parties shall be released from all further obligations. Owner
<br />and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence
<br />Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not
<br />be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any
<br />portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date.
<br />
<br />3. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for
<br />any antenna and related facilities activity in connection with the provisions of wireless communications services,
<br />including without limitation, the transmission and the reception of radio communication signals and the construction,
<br />maintenance and operation of relatecl communications facilities; provided however, that the structures,
<br />improvements, and facilities located on the Premises shall be limited to those authorized and approved by the
<br />Landlord through applicable approvals and permits. Landlord agrees to cooperate with Tenant, in making
<br />application for and obtaining, at Tenant's expense, all licenses, permits and any and all other necessary approvals
<br />that may be required for Tenant's intended use of the Premises. Tenant acknowledges and agrees that the issuance by
<br />Landlord of any land use, zoning, building or other permits or approvals for Tenant's proposed use are matters
<br />subject to the regulatory and quasi-judicial or administrative discretion of the Landlord. No promise or agreement to
<br />the issuance of such approvals and permits has been given or made by Landlord.
<br />
<br />4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of
<br />the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date,
<br />whichever first occurs ("Term Commelllcement Date") and shall terminate on the fifth armiversary of the Term
<br />Commencement Date ("Initial Term" or "Term") unless otherwise terminated as provided herein. Tenant shall
<br />have the right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms
<br />and conditions as set forth herein, except as provided herein and subject to Landlord's rights of termination. This
<br />Agreement shall automatically be extende:d for each successive Renewal Term unless Tenant notifies Landlord of its
<br />intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. If Tenant
<br />shall remain in possession of the Premises at the expiration or termination of this Lease or any Renewal Term
<br />without a written agreement, such tenanl:y shall be deemed a month-to-month tenancy under the same terms and
<br />
<br />Ctearwire Colllllllllication Tower AgJeement
<br />
<br />- 1-
<br />
<br />v.3-22-06
<br />
|