Attachment A - Lease and Agreement 2026

LEASE AND AGREEMENT THIS LEASE AND AGREEMENT (this “Agreement”) made this ___ day of ____________ 2026, (the “Effective Date”), by and between the City of Boulder, a Colorado home rule municipality, (“Lessor”) and Cellco Partnership d/b/a Verizon Wireless Company (“Lessee”). Lessor and Lessee may hereinafter be referred to individually as a “Party” or collectively as the “Parties.” RECITALS A. WHEREAS, Lessee is an assignee of all rights created by that certain Option and Lease Agreement dated August 9, 2017, between Cellco Partnership d/b/a Verizon Wireless. (collectively, the “Original Lease”). Lessee is an assignee of all rights created by that certain Option and Lease Agreement dated January 11, 1996, between Valmont Butte Corporation and U S West Wireless Group, a Division of U S West Communications, Inc., amended by that First Amendment to Option Agreement and PCS Site Agreement dated January 1, 1997, between the Valmont Butte Corporation and U S West Wireless Group, a Division of the U S West Communications, Inc. (collectively, the “Original Lease”), with an expiration date of June 30, 2026; B. WHEREAS, Lessor has acquired the property located at 3000 63rd Street, Boulder, Colorado 80301, (the “Property”) which is the subject of the Original Lease; C. WHEREAS, Lessee currently has communications facility/equipment installed at the Property and wishes to continue to maintain such facility/equipment; D. WHEREAS, the Parties have continued to otherwise perform under the original terms, notwithstanding the lease expiration; E. WHEREAS, the Parties desire to enter into this Agreement to allow Lessee’s communications facility/equipment to continue to reside on the Property for an additional five (5) years, with two (2) optional renewal periods of five (5) years each; and, F. WHEREAS, by this Agreement, the Parties terminate all prior lease agreements and understandings, replacing those documents with this Agreement, and bringing the lease interests of Lessee current including, if any, back due rental payments. COVENANTS NOW, THEREFORE, in consideration of the Recitals, incorporated herein, promises, covenants, and conditions set forth herein, and other good and valuable consideration herein, the Parties agree as follows: 1. GRANT. In accordance with this Agreement, Lessor hereby grants to Lessee the right to install, maintain and operate communications facility/equipment (“Use”) upon the Premises (as hereinafter defined), which are a part of that real property owned, leased or controlled by Lessor Property. The Property is legally described on Exhibit A attached hereto and made a part hereof. The Premises is a portion of the Property consisting of approximately 900 square feet, as further defined in Exhibit B attached hereto and made a part hereof (the “Premises”). Lessee

may survey the Premises. Upon completion, and only upon the mutual written agreement of the Parties, the survey will replace Exhibit “B” in its entirety. a.

Prior Assignment. The Parties acknowledge that Lessee’s interest in the Property is derived from prior lease agreements between the Parties. By this Lease, the Parties agree that all such prior agreements between the Parties concerning Lessee’s interest in the Property are hereby declared of no further force or effect, and, accordingly, that all rights and understandings between the Parties derive solely from this Lease.

2. INITIAL TERM. The Term of the Agreement shall be deemed to have commenced on July 1, 2026 (the “Commencement Date”) and shall continue for a period of five (5) years (the “Initial Term”). Following the Initial Term, unless notice of non-renewal is given by either Party at least sixty (60) days prior to the expiration of the then-current term, this Agreement shall automatically renew for up to two (2) additional five (5) year renewal terms (each a “Renewal Term”) (Initial Term and all Renewal Term(s), if any, collectively the “Term”). All terms shall be governed by this Agreement. a.

Ratification. The Parties acknowledge and agree that the term of the Original Lease expired inadvertently and not as a result of any intent by either Party to terminate. The Parties further acknowledge that, following such expiration, they continued to perform their respective obligations in a manner consistent with the prior agreement terms. Pursuant to applicable Colorado law, including principles of ratification, waiver, estoppel, and course of performance recognized under Colorado law, the Parties, each in their individual capacity, hereby ratify, confirm, and approve all actions, conduct, payments, and performance undertaken by them under the Original Lease from and after the date of expiration of the term through the Commencement Date herein. The Parties further agree that the lease is hereby reinstated and continued, pursuant to the terms herein.

3. RENT. Rental payments shall begin on the Commencement Date at a total annual rental amount of $1,273.34, to be paid in equal monthly installments on the first day of the month, in advance, to Lessor at 1777 Broadway, Boulder, CO 80302, or to such other person, firm, or place as Lessor may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 18 below. Lessor and Lessee acknowledge and agree that the initial rental payment shall not be delivered by Lessee until ninety (90) days after the Commencement Date. Upon agreement of the Parties, Lessee may pay rent by electronic funds transfer and in such event, Lessor agrees to provide Lessee ACH information for such purpose upon request of Lessee. Beginning on July 1, 2029, Rent shall automatically adjust upwards by three percent (3%) and shall further increase by three percent (3%) for each subsequent twelve (12)month period thereafter. 4. RIGHT OF ENTRY. Lessor shall not disturb Lessee’s right to quiet enjoyment of the Premises, except that Lessor shall have the right to enter upon and inspect the Premises at any, and at such other times as may be necessary in the event Lessor determines an emergency situation 2

exists. Except in the case of an emergency, in the event that Lessor has not provided at least twentyfour (24) hours’ notice of the inspection, the inspection may not include any activity that interferes with the function of the business of Lessee. 5. IMPROVEMENTS. The Use including, without limitation, the tower structure, antennas, conduits, fencing and other screening, and other improvements shall be installed and maintained at Lessee’s sole expense and effort, and installation of additional or different improvements, or significant modifications to the improvements thereon, shall be at the sole discretion and option of Lessee. Lessee shall have the right to replace, repair, add or otherwise modify its Use, tower structure, antennas, conduits, fencing and other screening, or other improvements or any portion thereof and the frequencies over which the communications equipment operates. Any drilling or boring of soil related to installation of improvements shall be done only after thirty (30) days’ advance written notice to Lessor and upon the consent of Lessor, which consent Lessor shall not be unreasonably withheld. a.

Liability for Improvements. Lessor shall not be liable for the payment of any expenses incurred by Lessee, or the value of any improvement, facilities, or work done, or material furnished to the Premises by Lessee. All work shall be at Lessee’s sole cost and expense. Lessee shall be wholly responsible to all contractors, laborers, and material men for any work. Lessee shall indemnify and hold Lessor harmless from any and all liabilities, damages, or penalties, and any costs, expenses or claims of any kind or nature arising out of any alteration work undertaken by Lessee, including reasonable attorney’s fees. Such indemnification shall apply to any damages or injuries to person or property. Such indemnification shall not apply to damages or claims arising from the actions of Lessor, its employees, agents or contractors.

6. HAZARDOUS AND UNLAWFUL USES PROHIBITED. Lessee shall use the Premises in a careful, safe, and proper manner and shall not use or permit the Premises to be used for any purpose prohibited by the laws of the United States of America, the State of Colorado, Boulder County, or the Charter and ordinances of the City of Boulder. Lessee covenants and agrees at its sole cost and expense to fully and promptly comply with all federal, state, county, and local laws, rules, regulations, requirements or orders of any lawful governmental or public authority relating to the Premises. 7. NUISANCES. Lessee agrees that it shall not permit any nuisance on the Premises and that it shall comply with all applicable nuisance regulations set forth in Title 6 of the Boulder Revised Code (“B.R.C.”) 1981, as may be amended, including the regulations on smoking codified in Chapter 6-4, B.R.C. 1981. 8. UTILITIES. Lessee shall arrange to have its utilities separately metered, and Lessee will be solely responsible for all utilities required by its use of the Premises. Lessee will pay any increases in real estate taxes caused by the improvements constructed upon the Premises by Lessee. In the event that the real estate tax assessment on Lessor’s property reflects Lessee’s improvements, Lessor agrees to provide Lessee with a copy of the assessment in a timely manner. Lessee may contest, at Lessee’s sole expense, any assessment imposed on the Premises or on Lessee's activities, provided that Lessee shall remain solely liable for payment of all such increased 3

taxes due to Lessee’s facilities and any penalties or fines assessed against Lessor as a result of Lessee’s contest. 9. GOVERNMENT APPROVALS. Lessee’s use and any modifications to its improvements are contingent upon Lessee obtaining all of the certificates, permits and other approvals that may be required by any federal, state or local authorities as well as a satisfactory soil boring test, environmental studies, or any other due diligence Lessee chooses that will permit Lessee’s Use. Lessor shall cooperate with Lessee in its effort to obtain and maintain such approvals. Any such drilling or boring into the soil of the Premises shall be done only after thirty (30) days advanced written notice to Lessor and with Lessor’s consent, which shall not be unreasonably withheld. 10. CONDITION OF THE PREMISES. Lessee has accepted the Premises “as is,” and deems the Premises satisfactory for the Use contemplated by Lessee. No representation or warranty, express or implied, respecting the condition of the Premises, has been made by Lessor to Lessee, unless the same is expressly contained in this Agreement. Lessee shall be deemed to have waived any warranty of condition or suitability, fitness for a particular purpose or merchantability, express or implied, related to the Premises. 11. TITLE AND QUIET ENJOYMENT. Lessor represents and warrants to Lessee that: (a) Lessor has full right, power and authority to execute this Agreement, and will provide Lessee with evidence of such authority upon written demand; (b) Lessor has good and marketable title to the Premises free and clear of any liens or mortgages, except those matters which are of public record as of the Effective Date; and (c) there is a direct ingress and egress to the Premises for Lessee’s use for vehicles and pedestrians from a public right-of-way. Lessor further covenants that Lessee shall have quiet enjoyment of the Premises during the term of this Agreement and any renewal thereof. Lessee and Lessor represent and warrant to the other that each has full right, power and authority to execute this Agreement, and will provide the other with evidence of such authority upon written demand. 12.

TERMINATION. a.

Termination for Breach. If either Party materially defaults in the performance of any term of this Agreement (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting Party may terminate this Agreement by providing ten (10) days’ prior written notice of termination to the defaulting Party.

b.

Termination for Convenience. In addition to the foregoing, the Lessor may terminate this Agreement for convenience if it determines that the Premises are needed for municipal purposes, including, without limitation, capital improvements, construction, redevelopment, infrastructure installation, or other public uses. This determination shall be made in the Lessor’s sole discretion. If the Lessor elects to terminate under this provision, it shall provide the Lessee with at least one hundred eighty (180) days’ prior written notice. 4

Upon termination, the Lessee shall be entitled to a refund of any rent paid in advance, prorated based on the number of days the Lessee actually occupies the Premises prior to vacating. The Lessee shall not be entitled to any other compensation, and the Lessor shall have no further liability for fees, costs, damages, or penalties of any kind. c.

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Upon the effective date of any termination, Lessee shall vacate the Premises and remove its equipment and personal property in accordance with the terms of this Agreement.

INDEMNIFICATION. a.

General Liability Indemnification. To the fullest extent permitted by law, Lessee shall indemnify, defend, and hold harmless Lessor, its directors, officers, employees, elected and appointed officials and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing from and against all losses, claims, damages, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, losses, expenses, and costs (including but not limited to reasonable attorney’s fees and costs of defense), bodily and other personal injuries, sickness, disease or death, damage to or destruction of tangible property, and other damages, of any kind or nature suffered or incurred by Lessor directly or indirectly arising out of or resulting from performance of the Lessee’s obligations under this Agreement, provided that such claim, damage, obligation, demand, assessment, fine, penalty, loss, expense or cost is caused by (i) the negligent or intentional act or omission of Lessee or its representatives, employees, agents, subcontractors, or other parties for which Lessee may be legally responsible in the performance of Lessee’s obligations under this Agreement, or (ii) any material breach in a representation, warranty, covenant or obligation of Lessee contained in this Agreement, regardless of whether such claim, damage, obligation, demand, assessment, fine, penalty, loss, expense, or cost is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. Lessee’s obligation to indemnify Lessor as set forth in this Agreement shall survive the termination or expiration of this Agreement.

b.

Professional Liability Indemnification. To the fullest extent permitted by applicable law, Lessee agrees to indemnify and hold Lessor harmless from and against any liabilities, claims, damages, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, losses, expenses, and costs (including but not limited to reasonable attorney’s fees and costs of defense) to the extent caused by the negligence or intentional acts or omissions of Lessee in performance of the Use under this Agreement. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for 5

professional negligence would be barred by an applicable statute of repose or statute of limitations. c.

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Infringement. Lessee shall hold and save harmless Lessor from any and all claims for infringement, by reason of the use of any patented design, device, material, process, or trademark or copyright and shall indemnify Lessor for any costs, expenses, and damages, including court costs and attorneys’ fees, which it might be obligated to pay by reason of infringement at any time during the prosecution or after completion of their services under this Agreement.

INSURANCE. a.

Minimum Coverages. Lessee agrees to procure and maintain in force during the term of this Agreement and for the statute of repose, at its own cost, the following minimum coverages: i. Workers’ Compensation and Employers’ Liability A.

State of Colorado:

Statutory

ii. Employers’ Liability $1,000,000 bodily injury for each accident $1,000,000 each employee for disease $1,000,000 disease aggregate iii. General Liability A. General Aggregate Limit: B. Per Occurrence:

$2,000,000 $1,000,000

Coverage provided should be at least as broad as found in Insurance Services Office (ISO) Form CG0001 to include all premises and operations. iv. Automobile Liability Limits - ISO form CA0001 (BAP) or equivalent including coverage for owned, non-owned and hired autos. 1 A. Bodily Injury & Property Damage Combined Single Limit: $1,000,000 v. Professional Liability (errors and omissions) 2 b.

A. Each Claim and Aggregate: $2,000,000 Additional Insurance Requirements. i. Provide primary coverage.

Applicable only if Lessee, its agents, employees, or representatives will be using motor vehicles in Colorado while performing the Services.

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ii. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis (excepting Professional Liability). iii. Where commercially available, Lessee shall name “the City of Boulder, its elected and appointed officials, directors, officers, employees, agents and volunteers” as additional insureds as their interest may appear (except for Workers’ Compensation and Professional Liability). Additional insured endorsement should be at least as broad as ISO form CG2010 for General Liability coverage and similar forms for auto liability. iv. A Certificate of Insurance evidencing the coverages described here, shall be submitted prior to commencing services on ACORD Form 25-S. The Certificate Holder shall be identified as: City of Boulder, P.O. Box 791, Boulder, CO 80306. v. Include a waiver of subrogation for General Liability coverage. vi. All policies of insurance shall be written on a primary basis, noncontributory with any other insurance coverages and/or self-insurance carried by Lessor. vii. A Separation of Insureds Clause must be included in general liability policies. viii.

Lessee shall advise Lessor 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 Lessor a new certificate of insurance showing such coverage is in force.

ix. Lessee’s insurance carrier shall possess a minimum A.M. Best’s Insurance Guide rating of A- VI. x. Lessee, or Lessee’s insurance broker, shall notify Lessor of any cancellation or reduction in coverage or limits of any insurance within thirty (30) days of receipt of insurer’s notification to that effect. Lessee shall forthwith obtain and submit proof of substitute insurance in the event of expiration or cancellation of coverage. xi. Lessee is responsible for any damage or loss to its own vehicles or equipment. xii. Lessor 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.

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xiii. Lessee and its insurers shall waive subrogation in favor of Additional Insured parties (except for Workers’ Compensation and Professional Liability). xiv. Lessee shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement 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. 15. NO ASSIGNMENT. Lessee shall not assign this Agreement without the prior written consent of Lessor, which Lessor may withhold at its sole discretion. 16. IMMUNITY. Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of Lessor, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Sections 24-10-101, et seq., C.R.S., as now or hereafter amended. 17. REMOVAL AT END OF TERM. Upon expiration or within ninety (90) days of earlier termination, Lessee shall remove Lessee’s communications facility/equipment (except footings) and restore the Premises to its original condition, subject to reasonable wear and tear. Lessee shall, at its own cost and expense, repair any and all damage to the demised premises resulting from or caused by the removal of its communications facility/equipment. Lessor agrees and acknowledges that the communications facility/equipment shall remain the personal property of Lessee and Lessee shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If such time for removal causes Lessee to remain on the Premises after termination of this Agreement, Lessee shall pay rent at the then existing monthly rate or on the existing monthly prorata basis if based upon a longer payment term, until the removal of the communications facility/equipment is completed. But in no event shall such communications facility/equipment remain on the premises longer than six (6) months after termination. 18. NOTICES. Any notice provided pursuant to this Agreement shall be in writing to the Parties at the addresses set forth below and shall be deemed given (a) if by hand delivery, upon receipt thereof; (b) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested; (c) one (1) day after deposit with a nationally recognized overnight courier, specifying overnight priority delivery; or (d) immediately upon electronic mail to all of the e-mail addresses below, read receipt requested, and with evidence of delivery maintained by the sending Party. Either Party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other Party. Any notice provided pursuant to this Agreement shall be in writing to the Parties at the following addresses:

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If to Lessor: City of Boulder, Facilities at: Facilities@bouldercolorado.gov With a copy to the City Attorney’s Office at: CAOAdmin@bouldercolorado.gov If to Lessee:

T-Mobile USA, Inc. Attn: Lease Compliance/Site No. DN06169A 12920 SE 38th Street Bellevue, WA 98006

Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 19. DEFAULT. It is a “Default” if either Party fails to comply with this Agreement and does not remedy the failure within thirty (30) days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted thirty (30) days, and diligently pursue the cure to completion within ninety (90) days after the initial written notice. 20. ENVIRONMENTAL. Lessee its agents, employees, contractors, subcontractors, guests, licensees or invitees, or any other person shall not cause, permit or suffer any hazardous material to be brought upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated, refined or used upon, about or beneath the Premises, in violation of applicable laws. In the event that it is discovered that during the term of this Agreement, hazardous materials or other materials prohibited by this Section are or were within the Premises as a result of the actions of Lessee, its agents, employees, contractors, subcontractors, guests, licensees or invitees, Lessee shall indemnify, defend and hold harmless Lessor, its employees, agents, successors and assigns from and against any and all direct and proximate losses, costs, expenses and claims incurred by, imposed on, or asserted against Lessor which are caused by or arise out of any environmental matter or from any hazardous materials. Such costs shall include, but not be limited to, the cost of remediation, engineering fees, legal fees, and costs associated with responding to any order or request from a governmental agency. 21. AMENDMENT IN WRITING. No amendment or modification shall be made to this Agreement unless it is in writing and signed by both Parties. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. 22. AGREEMENT TO BE RECORDED. This Agreement and any amendments, changes, alterations or modifications may be recorded with the Boulder County Clerk and Recorder, Colorado, at the expense of Lessor.

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23. COMPLETE AGREEMENT. This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. 24. APPLICABLE LAW; JURISDICTION; VENUE. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state court situated in Boulder County or federal court situated in the City and County of Denver, Colorado and each Party consents to jurisdiction and venue before such courts.

[Signature Pages Follows]

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The Parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be original, but all of which together shall constitute a fully binding and executed Agreement.

LESSEE: Cellco Partnership d/b/a Verizon Wireless Company By:___________________________

STATE OF COLORADO COUNTY OF BOULDER

) ) ss. )

Acknowledged before me, a notary public, this ______ day of ______________ 2026, by __________________________________, as _________________________________ for Cellco Partnership d/b/a Verizon Wireless Company.

Witness my hand and official seal. My Commission expires: ______________ _________________________________ Notary Public (SEAL)

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LESSOR: CITY OF BOULDER a Colorado home rule municipality

___________________________________ Nuria Rivera-Vandermyde, City Manager ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney’s Office

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EXHIBIT A DESCRIPTION OF PROPERTY

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EHXIBIT B DEPICTION OF PREMISES

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