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Resolution 2010-08
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Resolution 2010-08
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Last modified
3/12/2021 2:58:04 PM
Creation date
4/30/2010 10:48:50 AM
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Template:
City Council Records
Doc Type
Resolution
Signed Date
3/16/2010
Ord/Res - Year
2010
Ord/Res - Number
08
Cross-Reference
CELL TOWER AT 900 W VIA APPIA, REC CTR, CLEARWIRE OR CLEAR WIRELESS LLC INCLUDES TOWER/STRUCTURE/EQUIPMENT REMOVAL BOND
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RES 2010-08
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<br />SITE NAME: Louisville Recreational Center <br />SITE NUMBmc CO. DEN1ll3 <br /> <br />conditions of this Lease, except that the monthly Rent for such holdover period shan be one hundred fifty percent <br />(150%) of the Rent paid for the period immediately prior to the commencement of such holding over. <br /> <br />5. Rent. <br /> <br />5.1 Beginning the first day of the second year of the Initial Term and on the first day of each <br />month thereafter, Tenant shall pay to Landlord as rent One Thousand Five Hundred and 001100 Dollars ($1,500.00) <br />per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall <br />be prorated. Rent shall be payable to Landlord at City of Louisville, 749 Main Street, Louisville, CO 80027; <br />Attention: Finance Director. Landlord shall provide Tenant with an accurate and executed W-9 Form. <br /> <br />5.2 Rent shall be increased at the commencement of each Renewal Term by an amount equal <br />to twenty percent (20%) ofthe Rent for thl: previous Term or Renewal Term. <br /> <br />5.3 As additional consideration for Landlord entering into the Agreement, Tenant shall pay to <br />Landlord a one time signing bonus in the amount of Twenty Five Thousand and 00/100 Dollars ($25,000.00). The <br />one-time signing bonus shall be due thirty (30) days after Tenant receives final government approval (e.g., a valid <br />building permit) to commence construction of Tenant Facilities. <br /> <br />5.4 Tenant shall palY Landlord a late payment charge equal to ten percent (10%) of the late <br />payment for any payment not paid when due. Any amounts not paid shall bear interest at the rate of two percent <br />(2%) per month. <br /> <br />6. Improvements. <br /> <br />6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and <br />operate on the Premises radio communications facilities, including but not limited to a tower or pole and foundation, <br />utility lines, transmission lines, an air conditioned equipment shelter, electronic equipment, transmitting and <br />receiving antennas, microwave dishes, antc~nnas and equipment, a power generator and generator pad, and supporting <br />equipment and structures therefor ("Temmt Facilities"). Notwithstanding the foregoing or any other provision <br />hereof, the Tenant Facilities shall consist of no more improvements than that as reflected on Exhibit B unless <br />approved by Landlord in accordance with Paragraph 6.2. In connection therewith, Tenant has the right to do all <br />work necessary to prepare, add, maintain and alter the Premises for Tenant's communications operations and to <br />install utility lines and transmission lim:s connecting antennas to transmitters and receivers. All of Tenant's <br />construction and installation work shall be performed at Tenant's sole cost and expense and in a good and <br />workmanlike manner and according to plans approved by the Landlord pursuant to Paragraph 6.2 herein. Title to the <br />Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or <br />assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the <br />expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by <br />such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant <br />Facilities from the Property. Tenant shall not be obligated to remove any foundation more than one (1) foot below <br />grade level. <br /> <br />6.2 Prior to commencement of construction of the Tenant Facilities, and prior to any <br />substantial alteration or modification to the Tenant Facilities (excluding routine maintenance, repairs, the like-kind <br />replacement of the Tenant Facilities, or any modifications to the interior of the equipment shelter or items housed <br />therein), Tenant shall submit copies of the site plan and specifications ("Plans") to Landlord for prior approval, <br />which approval win not be unreasonably withheld, conditioned, or delayed. In the event Landlord denies the Plans, <br />Landlord agrees to cooperate with Tenant by providing comments and redlines. Landlord reserves the right to <br />receive additional consideration in exchange for giving its approval of any alterations or modifications which <br />increase the size or materially alter the appearance of the Tenant Facilities or increase the area of the Premises <br />occupied by Tenant Facilities. <br /> <br />6.3 Within thirty (30) days of completion ofthe installation of the Tenant Facilities, Tenant shall <br />provide Landlord with as-built drawings of all Tenant Facilities installed on the Premises and a list of all installed <br />Tenant Facilities. To the extent required by local law, ordinance or code, Tenant shall also install and maintain in <br />connection with the installed Tenant Facilities, marker posts for any underground facilities and markers in locations <br />acceptable to Landlord listing current phonl~ numbers to call for line locates and 24-hour emergency contacts. <br /> <br />ClCOlWireColllll1llllicalianTower "-- <br /> <br />- 2- <br /> <br />v.S-22.Q6 <br />
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