RESOLUTION. WHEREAS, the City of Thornton (City) owns an easement for the New Union Ditch in the vicinity of 120"^ Avenue and Claude Court; and

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1 RESO RESOLUTION A RESOLUTION APPROVING AN EASEMENT TO ALLOW VERIZON WIRELESS SERVICES TO INSTALL IMPROVEMENTS UNDER AND ADJACENT TO THE NEW UNION DITCH AT CLAUDE COURT, NORTHGLENN, COLORADO. WHEREAS, City Charter Section 4.22, requires that City Councii pass a resolution by majority vote to seli or otherwise dispose of City property; and WHEREAS, the City of Thornton (City) owns an easement for the New Union Ditch in the vicinity of 120"^ Avenue and Claude Court; and WHEREAS, Verizon Wireiess Services ( Verizon ) is requesting to install a cell site on the property at Claude Court in Northglenn, which is crossed by the New Union Ditch; and WHEREAS, the City of Northglenn has requested and Thornton desires to grant to Verizon an easement to allow for cell site improvements adjacent to and under the New Union Ditch easement; and WHEREAS, the subject easement is described as Exhibit A and attached hereto by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. That granting an easement to Verizon to allow for cell site improvements under and adjacent to Thornton s New Union Ditch is hereby approved in accordance with City Charter Section That the City Manager is hereby authorized to execute, and City Clerk to attest, said easement, along with any associated exhibits, attachments, and other documents to grant the easement on the portion of the New Union Ditch located at Claude Court, Northglenn, Colorado. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on April

2 CITY OF THORNTON, COLORADO D' Hetai K.xWmiams, Ma ATTEST: Kristen N. Rosenbaum, City Clerk

3 GRANT OF CONDUIT CROSSING EASEMENT Tf^ GRANT OF CONDUIT CROSSING EASEMENT is made and entered into this ll^dav of Apr\ 1, 2017, by and between the City of Thornton, a Colorado municipal corporation, located at 9500 Civic Center Drive, Thornton, Colorado ("City or Grantor"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a Delaware limited liability company with offices located at One Verizon Way, Mai! Stop 4AW100, Basking Ridge, New Jersey ( Verizon or Grantee ). Grantor and Grantee may be collectively referred to herein as Parties or individually as Party. WHEREAS, Verizon has obtained a right to construct a cell tower and site from the owner of the property at Claude Court, Northglenn, Colorado 80033, in Adams County, Colorado ( Landowner ); and WHEREAS, the City is the owner of the New Union Ditch ( Union Ditch ) located in the above Landowner s property, which Verizon must cross to install a cell tower and site located on the Landowner s property. NOW THEREFORE, to allow Verizon to cross the Union Ditch the Parties agree as follows: The City as Grantor, for and in consideration of the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto Verizon as Grantee, its successors and assigns, a nonexclusive conduit easement for the purpose of installing, operating, maintaining, and through inspections and surveying, replacing and repairing at any time and from time to time the conduit, including any necessary improvements, and appurtenances, installed over, through, and underneath the Union Ditch owned and operated by the Grantors for the purpose of delivering fiber optics and other associated electronics through the conduit to serve the Verizon cell tower on the Landowner s property, as shown on Exhibit A attached hereto and incorporated herein by this reference, and referred to hereafter as the ("Crossing Easement ). Grantor further grants to the Grantee: a. The rights from time to time to enlarge, and thereby improve, reconstruct, and replace, the underground crossing conduit, or other associated improvements, or appurtenances constructed as necessary within the Crossing Easement; and b. The right to ingress and egress by virtue of the Grantor's Union Ditch access road for purposes of exercising the rights herein granted on condition that any damage resulting from Verizon s use of the road will require re-compacting of the driving surface of the access road when

4 used by Grantee, to the depth of at least four inches using any of the following surfacing materials: asphalt milling, recycled concrete, or CDOT Class 6 and crushed aggregates; and c. The right to mark the location of the Crossing Easement by use of rigid markers or fence posts with attached signs located on both sides of the ditch channel just outside the Crossing Easement to identify the location of the Crossing Easement, which markers will not interfere with any reasonable use by Grantor of the Union Ditch. The Parties further agree that the terms and conditions of the Crossing Easement shall be as follows: 1. The Grantor reserves the right to use and occupy the Crossing Easement for any purpose consistent with the rights and privileges above granted and which will not interfere with the conduit within the Crossing Easement and any appurtenances associated with the conduit placed within the Crossing Easement. 2. Grantor shall take no action that would impair or in any way decrease or substantially increase the lateral or subjacent support for installation of the conduit within the Crossing Easement without obtaining specific written consent from the Grantee. 3. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the conduit improvements are maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Crossing Easement herein granted, ail of Grantee's right, title and interest in the Crossing Easement and conduit Installed shall revert to Grantor. The Grantee shall install any conduit or other associated improvements or appurtenances at least 4 below the ditch invert and at least 4 away from the ditch banks. All improvements crossing the ditch shall be directionally bored - no open cuts across the ditch will be permitted. Grantee shall restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the conduit and other associated improvements, or appurtenances installed by Grantee, any damages caused on or within said Crossing Easement, arising out of the construction, use, repair, maintenance, replacement, inspection, survey or removal and replacement of the conduit improvements thereto whenever same may occur.

5 5- The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this Crossing Easement other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, or its agents or employees, hereto and no modifications to any of the provisions hereof shall be effective unless contained in a written amendment signed by the Parties. 6. All of the covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective personal representatives, successors and assigns. 7. The Grantee hereby agrees to hold the Grantor harmless from any and all liability claims and/or damage claims that arise or may arise out of any suit, claim or action of any kind brought against the Grantor in connection with this grant of the Crossing Easement, except to the extent that such claims arise from the negligence or willful misconduct of Grantor. 8. The Parties agree that the Grantee has the right to convey rights to the Crossing Easement described herein to other parties so long as such grant is consistent with the terms of this Crossing Easement. 9. This Crossing Easement shall be interpreted and enforced according to the laws of the State of Colorado. Jurisdiction and venue for all disputes shall be in the county in which the Crossing Easement is located and Grantee expressly submits itself to the jurisdiction thereof. 10. The Parties represent that each has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law to legally authorize the undersigned signatories to execute this Crossing Easement on behalf of the Parties and to bind the Parties to its terms. IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year above first written. THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK (SIGNATURES FOLLOW ON NEXT PAGE)

STATE OF COLORADO ) By: Rick Goldschmidt Its: Director Network Field Engineering COUNTY OF 19 la Subscribed and sworn to before me this / ' day of 2017, by Rick

6 GRANTOR CITY OF THORNTON, COLORADO ATTEST: c Kristen N. Rosenbaum, City Clerk d^ Acting City Manager APPROVE[>AS TO FORM: ado, City Attorney GRANTEE VERIZON WIRELESS (VAW) LI D/B^^ VERIZON WIRELESS. STATE OF COLORADO ) By: Rick Goldschmidt Its: Director Network Field Engineering COUNTY OF 19 la Subscribed and sworn to before me this / ' day of 2017, by Rick Goldschmidtas director Network Field Engineerin^n behalf of Verizon Wireless (VAW) LLC D/B/A VERIZON WIRELESS. WITNESS my hand and official seal. My commission expires:,-j4gj<fl«;)^publicy DEBORAH K.ESSERT notary PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES SEPTEMBm 30,2017

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PERPETUAL DRAINAGE EASEMENT

PERPETUAL DRAINAGE EASEMENT THIS GRANT OF PERPETUAL DRAINAGE EASEMENT is made this day of, 2016, between [name and address] ("Grantor"), and the City of Thornton, a Colorado municipal corporation, located