Attachment A - Proposed 20-Year Lease (REV-01005063)

CITY OF BOULDER RIGHT-OF-WAY LEASE REV-01005063 THIS Lease (“Lease”) is entered into this _______ day of _____________________, 2026, by and between the City of Boulder, a Colorado municipal corporation (the “Lessor”), and Scott Allen Curry and Amanda Lyn Curry (the “Lessee”). The Lessor and Lessee are collectively referred to as the “Parties” and singularly as a “Party.” RECITALS A. The Lessee is the owner of the property and improvements located at 1803 Mapleton Ave., more particularly described as Lot 2, Winkle House P.U.D., City of Boulder, County of Boulder, State of Colorado; and B. The Lessor is the owner of the public right-of-way surrounding the property located at 1803 Mapleton Ave.; and C. The roof overhang located at 1803 Mapleton Ave. encroaches into the public right-of-way (“Encroachment”); and D. On _______________, 2026, the Boulder City Council approved this Lease for a period to exceed three years pursuant to Section 2-2-8, B.R.C. 1981; and E. The Lessor has determined that the Encroachment is permanent in nature and does not constitute a traffic or other hazard, does not destroy or impair the public's use of the land for its intended purposes, and maintains a minimum clearance of eight feet vertically and horizontally of unobstructed pedestrian way. The use of this public property during the Lease Term will not be contrary to the public interest and ultimate use of the public right-of-way, and adequate compensation will be provided to the Lessor throughout the Lease Term. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1.

Premises Leased. The Lessor hereby leases, demises, and sets off to the Lessee the following described right-of-way located in the City of Boulder, County of Boulder, State of Colorado, to-wit: As depicted on Exhibit A attached to this Lease (“Leased Premises”). The Lease covers only the 16 square feet of property directly beneath the Encroachment.

2.

Lease Term: The lease term (“Lease Term”) shall be for the lesser of 20 years or the life of the aforementioned Encroachment, whichever first occurs, The Lease Term commences at noon on ____________________. During the Lease Term,

the Lessee shall have the right to repair the Encroachment. The Lease shall terminate if revocation occurs pursuant to Paragraph 13 below. 3.

Rent. The Lessee hereby agrees to pay each year, as annual rent for use of the above-described Encroachment, the amount of $116.00. The annual rent amount is due and payable, without requirement of notice or billing by the Lessor, on or before the annual anniversary of the Date of Commencement as set forth below. Lessee shall remit payment to City of Boulder through the City of Boulder Planning & Development Services Customer Self Service (CSS) portal or contact the case manager for this Lease for alternative arrangements.

4.

Computation of Time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.

5.

Maintenance. The Lessee agrees to construct and maintain the Encroachment in the public right-of-way with due caution and regard for the Lessor’s and the public’s right of use and access to the land adjoining 1803 Mapleton Ave. The Lessor shall not be responsible for any maintenance in the Leased Premises. However, the Lessor reserves the right to access the Leased Premises to maintain any and all City utilities and other public improvements located in the public rightof-way. It is expressly understood that interruptions of utility services to the Lessee’s property or damage to Lessee’s property by act of God or sabotage are beyond the control of the Lessor and do not constitute breach of Lease. Loss or damage to property of any kind in the Leased Premises or loss suffered by the business or occupation by the Lessee as a result of the foregoing events shall be at the Lessee’s risk. The Lessor agrees to endeavor to correct interruptions of utility services as soon as possible.

6.

Removal. If this Lease is not renewed at the end of the Lease Term, the Lessee shall remove the Encroachment. If the Lessee fails to remove the Encroachment, the Lessor may cause the encroachment to be removed and charge the costs thereof, plus up to 15 percent of such costs for administration to any person so notified. If Lessee fails or refuses to pay when due any charge imposed under this section, the Lessor, in addition to taking other collection remedies, may certify due any unpaid charges, including interest, to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected under the procedures prescribed by Section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981.

7.

Restoration. The Lessee agrees, upon removal of the Encroachment and any private improvement, to restore public improvements in the public right-of-way to

their original condition. If the Lessor determines that all or portions of the public improvements have been damaged beyond reasonable repair, the Lessee agrees to replace such improvements in accordance with standards for construction in the public right-of-way prescribed by the most current City of Boulder Design and Construction Standards and the Boulder Revised Code, 1981. The Lessee agrees to notify the Lessor within five (5) days of removal of any such private improvements so the Lessor may inspect the public right-of-way. 8.

Indemnification. The Lessee agrees to indemnify and hold harmless the Lessor from and against all claims, suits, losses, and expenses in any manner resulting from, arising out of, or connected with the construction, use, operation or maintenance of the Leased Premises. Nothing in this Lease waives Lessor’s protections under the Colorado Governmental Immunity Act.

9.

Insurance. Prior to the execution of the Lease, the Lessee shall submit to the Lessor all insurance policies or Certificates of Insurance as evidence of compliance with the provisions of this paragraph, subject to approval by the Lessor. The Lessee shall, at Lessee’s sole expense, procure and maintain or cause to be procured and maintained with insurers approved by the Lessor a comprehensive general liability or personal liability insurance policy with minimum limits of $1 million per occurrence and $2 million aggregate. Subrogation shall be waived in favor of the Lessor. The Lessee agrees that the above-stated policy limits shall be raised to meet any additional coverage necessitated by amendments to the Colorado Governmental Immunity Act that may expose the Lessor to judgments greater than the insurance coverage required in this Lease. This policy shall be written on a primary basis, non-contributory with any other insurance coverage and/or self-insurance carried by the Lessor. This policy shall be maintained in full force and effect for the duration of the Lease. The Lessee, or Lessee's insurance broker, shall notify the Lessor of any cancellation or reduction in coverage or limits of any insurance policy within seven (7) days of receipt of insurers' notification to that effect. The Lessee shall forthwith obtain and submit proof of substitute insurance in the event of expiration or cancellation of coverage and shall provide the Lessor with an updated Certificate of Insurance annually. a. Additional Insurance Requirements. i. This policy shall name the City of Boulder and its elected officials and employees as additional insured. ii. All insurers must be licensed or approved to do business within the State of Colorado. iii. The Certificate Holder shall be identified as: City of Boulder, P.O. Box 791, Boulder, CO 80306.

iv. A Separation of Insureds Clause must be included in general liability policies. v. Lessee shall advise the City in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At its own expense, Lessee will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the City a new certificate of insurance showing such coverage is in force. vi. The City and Lessee shall cooperate with each other in the collection of any insurance proceeds that may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. vii. The Lessee shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Lease by reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations or types. 10.

Renewal. This Lease may be renewed for additional periods of time not greater than three years less one day upon the mutual written consent of the Lessee and Lessor. Any term greater than three years less one day but less than 20 years in length requires the mutual consent of the Lessee and Lessor after appropriate action by the Boulder City Council.

11.

Warranty of Authority. The Lessee warrants and agrees that the Lessee has the good right, full power and lawful authority to execute this Lease.

12.

Binding Provision. The provisions of the Lease shall be binding upon the Parties and upon their respective heirs, successors, and assigns.

13.

Revocation. The Lessor may revoke, without cause, this Lease at any time upon 10 days’ written notice to the Lessee pursuant to Section 8-6-7, “Revocation of Revocable Permit and Order to Remove Encroachment,” B.R.C. 1981, and the provision and remedies of Section 8-6-7, B.R.C., 1981 shall apply to the removal of the Encroachment.

14.

Compliance with Laws and Regulations. The Lessee agrees to comply with all applicable laws, rules, regulations, and ordinances in conducting its installation, operation, maintenance, and removal of the Encroachment.

15.

Assignment. Prior to any assignment of this Lease, the Lessee will request the prior approval of the City Manager. The purpose of the City Manager’s approval will be to ensure compliance with the provisions of this Lease.

16.

Holdover. If the Lessee remains in possession of the Leased Premises or the Encroachment remains in the Leased Premises after the expiration of this Lease, a holdover tenancy (“Holdover Tenancy”) is created subject to the terms of the Lease. Rights and obligations of the Parties under the Holdover Tenancy are governed by the terms and conditions of the Lease except that any Holdover Tenancy shall be a periodic year-to-year tenancy. Under the Holdover Tenancy, the Lessee shall be subject to all of the City’s rights and remedies set forth in the Lease. The Lessee’s obligations, including without limitation payment of rent, indemnification, and insurance, shall remain in effect for as long as the Holdover Tenancy remains in effect.

17.

Choice of Law. This Lease shall be interpreted, construed and governed in accordance with the laws of the state of Colorado. Legal actions shall be filed in Boulder County District Court. Lessee agrees to submit to personal jurisdiction of this court.

18.

Entire Agreement. This Lease is the entire agreement between the Parties and there are no oral agreements. This Lease is the entire understanding of the Parties on the subject of the Lease and supersedes any prior agreements of the Parties on this issue. No amendments or modifications are valid unless they are in writing and signed by the Parties.

DATE OF COMMENCEMENT:___________________ DATE OF EXPIRATION:_________________ IN WITNESS WHEREOF, we have set our hands on this date above mentioned. LESSEE Signature:________________________ Printed Name: Scott Allen Curry

State of Colorado County of Boulder

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The foregoing instrument was acknowledged before me this ______ day of _______________,20__, by Scott Allen Curry. Witness my Hand and Seal. My Commission Expires: ______________________ [SEAL]

____________________________________ Notary Public

LESSEE Signature:________________________ Printed Name: Amanda Lyn Curry State of Colorado County of Boulder

) ) ss. )

The foregoing instrument was acknowledged before me this ______ day of _______________,20__, by Amanda Lyn Curry. Witness my Hand and Seal. My Commission Expires: ______________________ [SEAL]

____________________________________ Notary Public

CITY OF BOULDER By: ______________________________________ Nuria Rivera-Vandermyde, City Manager Attest: _______________________________________ City Clerk Approved As To Form: _______________________________________ City Attorney’s Office Date: __________________________________

EXHIBIT Exhibit A Exhibit B

Map of Leased Premises Certificate of Insurance