HomeMy WebLinkAboutRESOLUTION - 25-00 - 7/18/2000 - GROUND LEASE AGREEMENTRESOLUTION NO. 25-00
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN NEXTEL WEST
CORP., A DELAWARE CORPORATION d/b/a NEXTEL COMMUNICATIONS AND
THE VILLAGE OF ELK GROVE VILLAGE (1751 GREENLEAF AVENUE)
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, State of Illinois as follows:
Section 1: That the Village President be and is hereby
authorized to sign the attached documents marked:
GROUND LEASE AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully
set forth and the Village Clerk is authorized to attest said
documents upon the signature of the Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE:
AYES: 5
NAYS:
0 ABSENT: 1
PASSED this
18th
day of
July 2000.
APPROVED this
18th
day of
July 2000.
Craig B. Johnson
Village President
ATTEST:
Ann I. Walsh
Village Clerk
resgroundleasegreenleaf.doc
0011•11003:r:Ry
1: Definitions of Terms Used in this Document:
1.1 Landlord's Contact Person
1.10 Prooerty
Village Manager
Landlord is the owner of
Village of Elk Grove Village
certain real property (the "Land")
901 Wellington
with the common address of
Elk Grove Village, IL 60007
1751 Greenleaf Ave., Elk Grove Village,
(847) 439-3900
Illinois, 60007. The Land is legally
described in Exhibit A.
1.2 Landlord
1.6
Village of Elk Grove Village
901 Wellington Ave.
Beginning of Construction
Elk Grove Village, IL 60007
1.11 Premises
or October 1, 2000
Landlord hereby leases to and Tenant
1.3 Name and Address for Payment of Rent
leases from Landlord, approximately
Village of Elk Grove Village
1,125 (25ft x 45ft) square feet of Land
901 Wellington Avenue
and all access and utility easements,
Elk Grove Village, IL 60007
(the "Premises") as described in Exhibit B
Attn: Finance Dept.
to this Agreement.
1.4 Taxpayer ID
=0 01615[111KEIN
1.5
PEWerty Identification Number
1.12 Lease
This Ground Lease Agreement
including Exhibits A and B.
08-35-104-077
1.13 Tenant
1.6
Commencement Date
Beginning of Construction
Nextel West Corp., a Delaware corporation
or October 1, 2000
d/b/a Nextel Communications
1.7
Term
1.14 Tenant's Contact Person
Five (5) years
Ronald J. Prime
630-875-6625
1.8
Initial Rent
$23,500.00 annually
1.15 Tenant's Address
$1,958.33 monthly
Nextel West Corp.
1.9
Renewal Tema
300 Park Boulevard, 50'Floor
Itasca, IL 60143
Four (4) Five (5) year renewal
Attn: Site Development Manager
terms as described in section 2.2.
With a cony to: Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191-3436
Sixth Floor, Mail Stop 6E630
Attn: Site Leasing Services, Contracts Manager
2: Term and Options to Extend
2.1 Initially. The term of this Lease, shall be for five (5) years and terminating on the fifth
anniversary of the Commencement Date (the "Term"), unless otherwise terminated as provided in Paragraph
18.
2.2 Option to Extend.. The term of this Lease shall be automatically renewable for four (4)
additional terms of five (5) years ("Renewal Terms") each following the original term or any renewable term
at the annual rental stated below and otherwise upon the same ternrs and conditions stated in this Lease. If
Tenant desires not to extend any subsequent term of the Lease it shall give Landlord written notice of its
intention not to extend the term at least sixty (60) days prior to the expiration of the then current term
whereupon the Lease shall be deemed canceled upon the expiration of the then current term.
2.3 Rent During Extension Terms.
(A) Rent shall be increased on each anniversary of the Commencement Date by an
amount equal to four percent (4%) of the rent for the previous year.
(B) On or before the Commencement Date, Tenant shall deposit with Landlord the
sum of $1,000.00 (the "Security Deposit"). Said Security deposit shall be held by Landlord
as security for the faithful performance by Tenant of the terms, covenants and conditions of
this Lease. If Tenant defaults under this Lease, which default is not cured by Tenant as
provided in Paragraph 13, Landlord may use, apply or retain all or a part of this Security
Deposit to compensate Landlord for any actual loss, damage or expense incurred or
suffered by Landlord by reason of Tenant's incurred default. Prior to Landlord invading the
Security Deposit, it shall first give Tenant written notice of its intention to do so and with
that notice shall provide to Tenant written documentation of the loss damage or expense for
which Landlord seeks compensation from the Security Deposit. Such notice and
documentation shall be provided by Landlord to Tenant within thirty (30) days after the
date of the occurrence which gives rise to Landlord's claimed loss, damage or expense.
Failure to provide such notice and documentation within such time shall result in a waiver
by Landlord of the right to invade the Security deposit. If the Security Deposit is invaded
by Landlord in accordance with this paragraph, Tenant shall restore the Security Deposit
within forty-five (45) days after the notice and demand from Landlord. Landlord shall
return the Security Deposit to Tenant or Tenant's assignee within forty-five (45) days after
the date of expiration or termination of this Lease.
(C) The rentand the annual incremental increases thereof, shall be subject to
renegotiating by the parties on the tenth (10th) and twentieth (20) anniversary of the
Commencement Date, provided the Lease is so extended. In the event the parties are
unable to agree upon new terms within thirty (30) days after the tenth (10th) or twentieth
(20) anniversary, then this Lease shall terminate one hundred twenty (120) days thereafter.
In no event shall any new rent be less than the then current rental.
(D) As additional consideration, Tenant shall provide to Landlord at the time it
commences commercial service, a one time credit for $8,000.00 toward the purchase of
Tenant's wireless telephone equipment.
2.4 Construction of Tenant's Building:
Tenant has proposed the construction of an equipment enclosure with external dimensions of
approximately 11' x 20' and located on a leased.parcel of land measuring 25' x 45' to be located as specified
on Exhibit B. Tenant undertakes full and complete responsibility at all times hereafter for the expenses of,
and quality of, construction and compliance with all code requirements and regulations of governmental
authorities having jurisdiction over the construction, including but not limited to compliance with acts
effecting construction of public buildings and service areas used by public employees, and Tenant agrees to
remedy or correct any deficiencies with such compliance. The construction shall be processed pursuant to
permit and conducted by authorized and licensed personnel and shall be performed in compliance with local
and State requirements for construction activities upon public property. The construction work shall proceed
without interference or disruption, or minimalization of same, to the current operations of the Fire Department
and Public Works operations.
STANDARD PROVISIONS
3: Additional Yearly Terms. Intentionally deleted
4: Methods of Payment.
4.1 First Rent Payment. Not later than Fourteen (14) days after the Commencement Date,
Tenant shall pay Landlord rent for the first two (2) full calendar months of the Term.
4.2 Subsequent Monthly Rent Payments. Effective with the first (1st) day of the third (3rd)
calendar month of the Tenn rent shall be payable monthly in advance on the first (1st) day of each calendar
month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be
prorated.
4.3 Location for Payment. All rent shall be paid to Landlord at the Address for Payment of
Rent or to another person, fmn or place which the Landlord may from time to time designate in writing at
least forty-five (45) days in advance of a rent payment date.
5: Use of Property.
Tenant may use the Property for lawful telecommunications purposes and related site preparation,
improvements and maintenance purposes in accordance with local rules and governmental regulations, and
such use shall not interfere with Landlord's use of the Property (i.e., if Tenant is making improvements to the
Property, Tenant cannot place equipment or materials in such a manner as to block Landlord's access).
Landlord agrees to cooperate with Tenant, at Tenant's expense, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of
the Premises. Tenant's use of 25' x 45' lease parcel of land and equipment shelter shall be exclusive.
Tenant's use of the monopole structure shall be nonexclusive and will not prohibit use by other
telecommunications companies or agencies so long as such other telecommunications equipment do not
unreasonably interfere with the use of Tenant's facilities, it being understood that it is the Village's desire to
have co -located facilities. Tenant's use of the 25' by 45' lease area and equipment shelter shall be exclusive.
Tenant acknowledges the intent of the Northwest Central Dispatch System to install telecommunications
equipment on the monopole structure.
6: Tenant's Installation.
6.1 Improvements. Tenant has the right to erect, maintain and operate on the Premises radio
communications facilities, including without limitation an antenna structure, antennae,
electronic equipment, air conditioned equipment shelter, other personal property, fixtures,
cables, transmission lines, utilities lines and make any other improvements ("Tenant's
Facilities"), given Tenant has obtained a building pemrit from Village of Elk Grove Village and
approval from Chicago Bridge and Iron prior to any mounting, drilling or welding. Tenant may
from time to time replace any of these items with new or different items with the same or
different specifications so long as their installation is otherwise in compliance with this Lease
and applicable laws, ordinances and codes. A building permit shall be required for such items,
provided a building permit is required by applicable law, ordinance or code. Tenant's
installation shall not interfere with Landlord's use of the Property.
6.2 Workmanlike Construction. Tenant agrees that the installation shall be completed in a neat,
workmanlike manner consistent with good engineering practices. All costs of the installation,
including, but not limited to, the cost of extending Landlord's electrical service to Tenant's
equipment, will be paid by the Tenant.
6.3 Title to Various Items. Landlord shall, at all times, be the sole and exclusive owner of the
Property. The Tenant shall at all times be the sole and exclusive owner of Tenant's Facilities.
All of Tenant's Facilities shall remain Tenant's personal property and are not fixtures.
6.4 Utilities. Tenant shall pay for the electricity it consumes in its operations at a rate charged by
the servicing utility company. Tenant shall have the right to draw electricity and other utilities
from the existing utilities on the Property or obtain separate utility service from any utility
company that will provide service to the Property (including a standby power generator for
Tenant's exclusive use). Landlord agrees to sign such documents or easements as may be
required by said utility company to provide such service to the Premises, including the grant to
Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over
across or though the Land as required by such servicing utility company to provide utility
services as provided herein.
6.5 At Tenant's sole expense, Tenant shall replace and relocate security fencing and gate on the land
as part of the monopole installation work as shown on the approved Site Plan (Exhibit B), and
shall install landscaping to screen the equipment shelter as shown on the approved Landscape
Plan.
7: Taxes.
7.1 Tenant shall be solely responsible for and shall timely pay all personal property taxes levied
and assessed against it or its personal property. Tenant shall not be responsible for any real
estate, special assessments or similar taxes relating to the Property except to the extent
permitted by statute for the value of Tenant's leasehold estate.
7.2 Tenant hereby acknowledges, and agrees to abide by, the terms of the Village of Elk Grove
Village's 3% Telecommunications Tax (Village Ordinance Number 2467), generally
applicable to all providers of telecommunications services in Elk Grove Village.
8: Indemnification.
Landlord and Tenant hereby agree to indemnify, defend and hold each other harmless from and
against any claim of liability or loss from personal injury or property damage in connection with the Property
or resulting from or arising out of the use and occupancy of the Property by the indemnifying party or its
agents, excepting, however, such claims or damages as may be due to or caused by the acts of the indemnified
party or its agents. Neither party shall have any obligations under this Paragraph unless notified in writing of
any such claim or loss within thirty (30) business days of receipt by the other party of notice of such claim or
loss.
9. Insurance.
During the Term and Renewal Term of this Lease, Tenant shall carry and maintain commercial
general liability insurance, naming the Landlord as an additional named insured, insuring against liability for
injury to persons or property occurring in or about the property or arising out of the ownership, maintenance,
use or occupancy thereof. Coverage under such policy shall not be less than $1,000,000.00 per occurrence for
personal injuries and not less than $50,000.00 per occurrence for property damage. In addition, Tenant shall
carry and maintain worker's compensation insurance in the statutory amount throughout the term of this
Lease. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage required by this
paragraph within fifteen (15) days of the Commencement Date.
10. Landlord's Representations.
In order to induce Tenant to enter into this Lease, Landlord covenants, represents and warrants, as of
the date of this Lease and throughout its Term, as follows:
10.1 Authority. Landlord is solvent and the owner of the Property in fee simple. Landlord has
full authority to execute, deliver, and perform this Lease and is not in default of any mortgage affecting this
Property.
10.2 No Condemnation. Landlord has received no actual or constructive notice of any
condemnation or eminent domain proceedings or negotiations for the purchase of the Property, or any part,
instead of condemnation.
10.3 No Unrecorded Liens. Landlord has not performed and has not caused to be performed
any work on the Property during the six months preceding the date of this Lease which could give rise to any
mechanic's or materiahnen's liens. There are no unrecorded easements or agreements affecting the Property.
11: Easements.
11.1 Granted. For the Term and Renewal Terms of this Lease, Landlord grants to Tenant,
and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian
and vehicular ingress and egress across that portion of the Land described in Exhibit B. Tenant and its
authorized representatives shall have the right of ingress and egress to and from the Property twenty-four (24)
hours a day, seven (7) days a week, at no charge.
11.2 Modifications. If subsequent to the date of this Lease it is reasonably determined by
Tenant that any access or utility easement obtained does not or no longer adequately serves the Property and
Tenant's use thereof, Landlord agrees to cooperate with Tenant to relocate such Easements where practical.
In the event the Landlord is unable to relocate any of the necessary Easements, then at Tenant's option this
Lease may be terminated upon thirty (30) days' prior written notice to Landlord.
12: Assignment.
Tenant may not assign, or otherwise transfer all or any part of its interest in the Lease or in
the Property without the prior written consent of Landlord; provided, however, that Tenant may assign or
sublet its interest without consent to its parent company, any subsidiary or affiliate of it or its parent company
or to any successor -in -interest or an affiliated entity controlled, subject to any financing entity's interest, if
any, in this Agreement as set forth in Section 27 below. Landlord may assign this Lease upon written notice
to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to,
those set forth in Section 27 below. Notwithstanding anything to the contrary contained in this Lease, Tenant
may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to
any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for
borrowed money or in respect of guaranties thereof, (ii) Has obligations evidenced by bonds, debentures,
notes, or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers
acceptances and similar facilities or in respect of guaranties thereof.
13: Defaults.
13.1 By Tenant. hi the event of default under this Lease by Tenant, Landlord shall be entitled to
remedies as shall then be provided by law except that Landlord shall not be entitled to remove any personal
property (including fixtures) on the Property; and provided that prior to, and as a condition precedent to, the
exercise of any remedy, Landlord shall give to Tenant written notice of default to Tenant and the nature of the
default and Tenant shall have thirty (30) days (or, if the default cannot be cured within thirty (30) days, a
longer period as shall be necessary to cure the default, acting with due diligence), atter receipt of the notice
within which to cure the default, during which period no remedy shall be pursued. If Tenant fails to cure a
default, in addition to any other remedies available to Landlord, the Landlord may elect to commence eviction
proceedings provided, however, Tenant shall be permitted a six-month stay from receipt of a notice of
eviction at 110% of the then current monthly rent to find an alternative site.
13.2 By Landlord. If Landlord defaults in any of its obligations under this Lease, in addition to
any remedies available at law or equity, Tenant may perform Landlord's obligation and may offset from the
rent or any other amounts next payable Tenant's costs and expenses of doing so. Notwithstanding anything
else in this Lease, Tenant may defer payment of Rent including the first rent payment, during any period in
which Landlord is in default in any of its obligations under this Lease; has failed to provide or execute or
cause to be provided or executed (a) any document reasonably necessary for Tenant's use of the Property in
the manner contemplated, (b) any license, or (c) any document reasonably necessary to obtain any title
insurance or other necessary or desirable insurance or consent. Notwithstanding the foregoing, in the event of
a default under this Lease, Tenant shall give to Landlord written notice of the default specifying the nature of
the default and Landlord shall have thirty (30) days (or, if the default cannot be cured within thirty (30) days, a
longer period as shall be necessary to cure the default, acting with due diligence), after the receipt of the notice
within which to cure the default. If Landlord fails to cure a default, in addition to any other remedies available
to Tenant, the Tenant may elect to cancel this Lease.
14: Condemnation.
In the event of condemnation, Tenant's share of any condemnation award or proceeds from sale in
lieu of condemnation shall be limited to compensation for Tenant's leasehold interest, antennae,
improvements, transmission lines, loss of business and equipment, and Tenant's costs of relocation. Tenant
shall not receive any part or portion of condemnation award or sales proceeds relating to compensation for
Property owned by the Landlord.
15: Casualty.
In the event the Property is destroyed or damaged in whole or in part by casualty during the Term
or Renewal Terms of this Lease then, at Tenant's option (exercised by notice to Landlord), this Lease may
be terminated as of the date of the event or at any time within 90 days thereafter and no further rent shall be
due under the termination section or any other section of this Lease.
16: Quiet Enjoyment.
Landlord covenants and agrees that upon payment by the Tenant of the rental under this Lease and
upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be
observed and performed, Tenant shall peaceably and quietly hold and enjoy the Property, the rights, and
privileges granted for the term demised without hindrance or interference by Landlord or any other person and
Landlord shall perform all of its obligations under this Lease.
17: Subordination, Non -Disturbance and Attornment.
17.1 Existing Encumbrances. Within thirty (30) days after the execution of this Lease,
Landlord shall deliver to Tenant executed original of non -disturbance and attomment agreements with Tenant
in form satisfactory to Tenant, in Tenant's sole discretion, from any existing mortgage holder or other party
holding an interest in the Property which may take precedence over Tenant's interest in the Property. Failure
by the Landlord to deliver any required non -disturbance and attomment agreement shall entitle Tenant, at
Tenant's option, to terminate this Lease at any time thereafter and to obtain a refund of all rent and any other
amounts paid to Landlord, and, in any case, Tenant shall have no obligation to pay rent or other amounts
under this Lease until Landlord delivers the executed non -disturbance and attornment agreement.
17.2 Subsequent Financing. Tenant shall enter into recordable subordination, non-
disturbance and attomment agreements with the holders of any mortgage, trust deed, installment sale contract
or other financing instrument dated after the date of this Lease, if the agreements are in form satisfactory to
Tenant.
18: Termination.
18.1 By Tenant. In addition to termination as a result of action or inaction pursuant to other
parts of this Lease, Tenant may terminate this Lease: (a) at any time for any reason upon thirty (30) days
written notice to Landlord and payment of six (6) months rental, or (b) immediately, without payment of any
rent not yet due following written notice to Landlord of either (i) Tenant's inability to secure necessary zoning
and/or Tenant has lost, been denied or failed to satisfy any necessary authorization or radio engineering
criteria to use the Property as contemplated in this Lease, or (ii) Tenant's having obtained a soil test which
shows contamination or building conditions which in Tenant's judgment are unsuitable for Tenant's purposes,
or (iii) by Tenant if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including
without limitation, a take back of channels or change in frequencies, or (iv) by Tenant if Tenant determines
that the Premises arc not appropriate for its operations for economic or technological reasons, including,
without limitation, signal interference.
18.2 By Landlord. Landlord may terminate this Lease following a determination by a qualified
engineer (using appropriate instruments which are properly calibrated) that the power density levels emitted
from Tenant's equipment located on the Property exceed the American National Standards institute's
("ANSI") "Safety Levels with Respect to Human Exposure to Radio Frequency Electronic Fields", as set
forth in ANSI Standard C95.1-1982 (or any ANSI Standards which supersede this standard), at points
accessible to and intended for the general public and the inability of Tenant to bring its equipment into
compliance with such standard within sixty (60) days after receipt of a written copy of Landlord's engineering
findings.
18.3 Removal of Equipment. Upon the expiration of this Lease, or its earlier termination or
cancellation for any reason, Tenant shall at its sole expense remove from the Property all of its antennae,
antenna structures, equipment enclosures, transmitting and receiving equipment, transmitting lines,
underground wiring, fencing, sidewalks and foundations, other personal property, fixtures and other
improvements. Tenant shall be required to remove its access road beyond Landlord's access unless another
tenant of Landlord is utilizing said road, in which case Tenant shall not be required to remove any portion of
the access road. Tenant shall have up to ninety (90) days after the effective date of the expiration, termination,
cancellation to complete removal of all items. If Tenant requires any of the ninety (90) day period after the
effective date for the removal, Tenant shall pay Landlord the then current monthly rent (or in the case of
annual rental one -twelfth of the annual rental) in advance for each thirty (30) day period or portion thereof
Tenant requires to complete the removal.
19: Cooperation.
Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental
permits necessary to use the Property as contemplated in this Lease, and to join in any application or other
document reasonably requested by Tenant within ten (10) days of Tenant's written request. During the Term
or. Renewal Term of this Lease Landlord shall take no action which adversely affects the uses permitted on the
26.5 Survival. The provisions of and undertakings and indemnification set out in this Section
shall survive the terrnination of this Lease.
27. Waiver of Landlord's Lien.
(a) Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed
Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without
Landlord's consent.
(b) Landlord acknowledges that Tenant has entered into a financing arrangement including
promissory notes and financial and security agreement for the financing of the Tenant Facilities (the
"Collateral") with a third party financing entity (and may in the future enter into additional financing
arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation
of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the
Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or
to become due and that such Collateral may be removed at any time without recourse to legal proceedings.
AGREED as of the later of the two dates below:
LANDLORD
Village of Elk Grove Village,
an II ' opal Corporatio -
Name:
Title:
Date:
TENANT
Nextel West Corp., a Delaware corporation,
d/b/a Nextel Communications
By: _
Name:
Title:
Date:
Timothy A. Thompson
Vice President Engineering
Property. At any time after the date of this Lease or the Commencement Date, either parry shall execute or
cause to be executed any documents, or take or cause to be taken any actions, reasonably necessary to carry
out the intent of this Lease.
20: Lease Construction.
This Lease shall be construed in accordance with the laws of the State of where the Property is
located. In the event that any provisions of this Lease are legally unenforceable, the other provisions shall
remain in effect.
21: Entire Binding Understanding; No Oral Modification.
All prior understandings and agreements between the parties are merged into this Lease, and this
Lease may not be modified orally or in any manner other than by an agreement in writing signed by both
parties. Presentation of this Lease by Tenant to Landlord shall not constitute an offer unless the Lease has
been signed by Tenant, and this Lease shall not be binding until executed by both Landlord and Tenant.
22: Successors; Separability.
Subject to the provisions regarding assignment, this Lease shall be binding upon, and inure to the
benefit of, the successors -in -interest and permitted assigns or subtenants of the parties and any grantee of
Landlord.
23: Notices.
All notices, requests and other writings required under this Lease (including any notices of renewal,
or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual
receipt or (ii) the second business day after the date postedif sent by certified mail, return receipt requested,
addressed to the other party with copies as set out in the Landlord's Address and Tenant's Address (or any
other address within the United States that the party to be notified may have designated to the sender by like
notice). -
24: Performance.
Time is of the essence in this Lease.
25: Broidcast Interference.
25.1 Definition. As used in this Lease, "interference" with a broadcasting activity means:
(A) Interference within the meaning of the provisions of the recommended practices of
the Electronics Industries Association (EIA) and the rules and regulations of the Federal
Communications Commission (FCC) then in effect, or
(B) A material impairment of the quality of either sound or picture signals on a
broadcasting activity as may be defined by the FCC at any hour during the period of
operation of activity, as compared with that which would be obtained if no other
broadcaster were broadcasting from the Property or had any equipment on the Property.
25.2 Interference.
(A) Tenant shall operate Tenant Facilities in a manner that shall not cause physical,
mechanical, radio frequency or signal interference to Landlord and other tenants or
licensees of the Property, provided that their installation predates the execution of this
Lease. All operations by Tenant shall be in compliance with all Federal Communication
Commission ("FCC") requirements.
(B) Subsequent to the installation of the Tenant Facilities, Landlord shall not permit
itself, its tenants or licensees to install new equipment on the Property if such equipment is
likely to cause physical, mechanical, radio frequency or signal interference with Tenant's
operations. Such interference shall be deemed a material breach by Landlord. In the event
interference occurs, Landlord agrees to take all reasonable steps necessary to eliminate such
interference in a reasonable time period. Landlord shall have the right to install equipment
that is in compliance with all FCC standards and regulations.
(C) Should Landlord or citizens thereof claim interference with their existing
residential uses due to Tenant Facilities, Tenant shall, at its sole cost and expense, cooperate
with Landlord to determine if Tenant Facilities are the source of such claimed interference.
Such cooperation shall include but not be limited to intermodulation studies. Should it be
determined by such studies that such interference is directly attributable solely to the
operations of the Tenant Facilities on the Property, Tenant, at its sole cost and expense,
shall use its best efforts in taking measures to modify the Tenant Facilities in order to
mitigate such interference to Landlord's reasonable satisfaction.
26: Environmental Matters.
26.1 Definition. For purposes of this Lease:
(A) "Applicable Environmental Laws" includes the Comprehensive Environmental
Response, Compensation, and Liability Act, any so called "Superfund" or "Superlien" law,
or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or
decree regulating, relating to, or imposing liability or standards of conduct concerning any
hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter
in effect.
(B) "Hazardous Matenal" includes any hazardous, toxic or dangerous waste,
substance or material as that term is defined in Applicable Environmental Laws.
26.2 No Hazardous Material. Neither the Landlord nor, to the best knowledge of Landlord,
any other person has ever caused or permitted any Hazardous Material to be placed, held, located or disposed
of on, under or at the Property or any part thereof nor any part thereof has ever been used by the Landlord, or
to the best knowledge of the Landlord, by any other person either as a permanent or temporary dump site or
storage site for any Hazardous Material.
26.3 Tenant's Indemnity. Tenant :ndenmifies the Landlord and agrees to hold the Landlord
harndess from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any
and every kind whatsoever paid, incurred or suffered by or asserted against Landlord for, with respect to, or as
a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge,
emission, discharging or release form the Property or into or upon any land, the atmosphere, or any
watercourse, body of water or wetland, of any Hazardous Material (including, without limitation, any losses,
liabilities, damages, injuries, costs, expenses or claims asserted or arising under applicable Environmental
Laws) caused by or in the control of Tenant.
26.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to
hold the Tenant hamilecs from and against any and all losses, liabilities, damages, injuries, costs, expenses
and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for, with
respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage,
spillage, discharge, emission, discharging or release from the Property or into or upon any land, the
atmosphere, or any watercourse, body of water or wetland, of any Hazardous Material (including, without
limitation, any losses, liabilities, damages, injuries, costs, e:.penes or claims asserted or arising under
Applicable Environmental Laws).
EXHIBIT "A"
DESCRIPTION OF LAND
Exhibit "A" to the Lease dated 20_, between the
VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation, as Landlord, and
Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Tenant.
The Land is described and/or depicted as follows:
The West 110.00 feet of the East 553.10 feet of Lot 19 in Centex
Industrial Park Unit 4, being a Subdivision in Section 35, Township
41 North, Range 11, East of the Third Principal Meridian, in Cook
County, Illinois according to the Plat thereof recorded November
2, 1959 as Document No. 17701036 and LR 1894159, in Elk Grove Township
Cook County, Illinois.
Common address: 1751 Green Leaf Road
Elk Grove Village, IL 60007
PINNo: 08-35-104-077
StNI 8Y: NtxltL Slit UtVtLL)VMtNI; N30379581 6;
,]u1-18^00 11:31A CELL-TECh .DEVELOPMENT
NEXTEL LEASE SITE DESCRIPTION:
JUL-18-rn 11:50AM;
630 S79t �
Exhibit B
Page I of 2
A PARCEL OF LAND FOR LEASE SITE PURPOSES LOCATED. WITNN THAT PART OF THE WEST 110
FEET OF THE EAST 653.10 FEET OF LOT 19 1N CENTEX:INDUSTRIAL PARK UNIT 4. BEING A
SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGEi1;: EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RE0ORDED4N NOVEMBER 2, 1969 AS DOCUMENT
NO.17701036 AND LR 1694159, IN ELK GROVE TOWNSHIP, COOK COUNTY, ILLINOIS DESCRIBED AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE WEST UNE OF THE EAST 553.10 FEET OF LOT 19
WITH THE SOUTH LINE OF LAND DEDICATED FOR ROADWAK*APROVEMENT BY DOCUMENT
NO.20W4133, SAID SOUTH UNE BEING A LINE 20.00 FEET SOUTH OF (MEASURED PERPENDICULAR
THERETO) AND PARALLEL WITH THE NORTH UNE OF:SAID 66T it; THENCE N 90°0 WE.. ALONG
SND PARALLEL LINE, 25.00 FEET; THENCE S.00'32'44'W., PARALLEL WITH THE EAST LINE OF SAID
LOT 19, 116.51 FEET; THENCE N.90'00'00E., 30.00 FEET FMA POINT OF BEGINNING; THENCE
CONTINUING N.90'WWE., 45.0D FEET; THENCE N.D4' WW -,E., 25:00 FEET; THENCE N.9WWOO-W.,
45.00 FEET; THENCE S.00.00'00'E., 25.00 FEET TO THE POIN`t.OF BEGINNING, CONTAINING 1125.00
SQUARE FEET.
A PARCEL OF LAND FOR LEASE SITE PURPOSES LOCATE
FEET OF THE EAST 359.10 FEET OF LOT 19 IN CENTEX IM
SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH 'RANO
MERIDIAN, ACCORDING TO THE PLAT THEREOF REPOAOM
NO. 17701038 AND LR 1894159, IN ELK GROVE TOWNSHIP;
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE WES
WITH THE SOUTH UNE OF LAND DEDICATED FOR A
NO.20804133, SAID SOUTH LINE BEING A UNE 20.00:
THERETO) AND PARALLEL WITH THE NORTH UNE C
SAID PARALLEL UNE, 13.00 FEE!' FOR A POINT OF E
12.00 FEET; THENCE $DVW451W.. PARALLEL WITH
THENCE N.W007WE.. 75.00 FEET; THENCE 5.0000c
FEET; THENCE N.00'32'45'E..128.51 FEET TO THE F
SQUARE FEET.
'ITHIN THAT PART OF THE WEST 11D
MIAL PARK UNIT 4, BEING A
1EAST OF THE THIRD PRINCIPAL
N NOVEMBER 2, 1959 AS DOCUMENT
OK COUNTY, ILLINOIS DESCRIBED AS
THE EAST 553.10 FEET OF LOT 19
#APROVEMENT BY DOCUMENT
UTH OF (MEASURED PERPENDICULAR
DT 19; THENCE N.90°00'00'E.. ALONG
0; THENCE CONTINUING N.90'00'00'E.,
TUNE OF SAID LOT 19. 116.51 FEET;
.00 FEET; THENCE 5.90'OD'00'W.. 87.12
BEGINNING, CONMAINING 2442.80
S G91 by; NLAItL blit Ut VtLUrMt1V(j
1uI- 18-00 11}.31A
1
ANO UTILITY w
LEASE WE
OINTOF BEGINN(NG
OIR ACCESS AND
ANO UTILITY EASEMENT
CELL -TECH
OOUd/`3�tlib;
.VELOPMENT
j %__
JUL-1H-nil 11 :GUAM'
630 Wz'W",,
Page 2 of 2
Exhibit B
I �
1
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Z I CA
trJ
POINTOF SEGIMI NG
NEXTEL LEASE SITE
+ _ NA1t00WW 4&00
Vi
NMM-3. S•SIIE
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NEXTEL
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