HomeMy WebLinkAboutRESOLUTION - 20-98 - 5/26/1998 - TOWER LEASE AGREEMENTRESOLUTION NO. 20-98
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND
SPRINTCOM. INC. (1060 OAKTON 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:
TOWER 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: 6 NAYS: 0 ABSENT: 0
PASSED this 26th day of May , 1998.
APPROVED this 26th day of May , 1998.
Craig B. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
reso602f.doc
Site Name: Lively
1.2
1.3
Site ID: 540-B
TOWER LEASE AGREEMENT
1: Definitions of Terms Used in this Document:
Landlord's Contact Person
1.10
Village Manager
Village of Elk Grove Village
901 Wellington
Elk Grove Village, IL 60007
(847) 439-3900 1.11
Landlord
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Names and Address for Payment of Rent
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attention: Finance Dept.
1.4 Taxoaver Identification
E9998-1017-03
1.5
1.6
1.7
1.8
1.9
Property Identification Number
08-22-303-006, 08-22-303-007
Commencement Date
Upon the date Tenant is issued a building permit
to allow for the construction and installation of
its equipment and improvements.
Initial Term
Five (5) years
Initial Rent
15,600.00 annually
1,300.00 monthly
Extension Term
Four (4) separate five (5) year renewal periods
exercisable at Tenant's option pursuant to
Section 2.2.
Term
The Initial Term and/or any Extension Term
described in Section 2.
Promny
Ground space of 20 x 26 square feet to install
electronic equipment cabinets and 9 antennas
co -located on the existing AT&T Wireless PCS,
Inc. ("AT&T") monopole at approximately the
85 foot level on certain real property
("Property") with a common address of 1060
Oakton Avenue, Elk Grove Village, IL, and the
easements conferred herein, all as legally
described on Exhibit A and marked on the
sketches on Exhibit B attached hereto and made
a part hereof.
1.12 Lease
This Water Tower Lease Agreement including
Exhibits A and B.
1.13 Tenant
SprintCom, Inc.
a Kansas corporation
1.14 Tenant's Contact Person
SprintCom Area Manager
(847) 384-3084 FAX (847) 384-3085
1.15 Tenant's Address
SprintCom, Inc.
Attention: Director -Network Real Estate
1200 Main Street
Kansas City, Missouri 64105
with copies to:
SprintCom, Inc.
9801 West Higgins Road
Suite 370
Rosemont, Illinois 60018
Atm: Engineering and Operations Director
2: Term and Options to Extend
2.1 Initially. Landlord leases the Property to Tenant for the Initial Term and on the terms and
conditions of this Lease beginning on the Commencement Date at the Initial Rent as adjusted in succeeding
years pursuant to Section 2.3 below. Notwithstanding the foregoing, Tenant shall have the right to enter upon
the Property upon the full execution of this Lease in order to conduct such testing and inspections as Tenant
deems necessary subject to all terms and conditions contained herein. Prior to the Commencement Date,
Tenant shall have the right to cancel this Lease without further liability for any reason by providing written
notice to Landlord.
2.2 Option to Extend. The term of this Lease shall be automatically renewed for four (4)
additional terms of five (5) years each following the Initial Term (hereinafter individually referred to as an
"Extension Term") at the annual rental stated below and otherwise upon the same terms and conditions stated
in this Lease. If Tenant desires to not extend any Extension Term of the Lease it shall give Landlord written
notice of its intention to not 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 annual 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
One Thousand Dollars ($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 Agreement. If Tenant defaults under this Agreement, which default is not
cured by Tenant as provided in paragraph 12. 1, 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 Agreement.
(C) The Rent and the annual incremental increases thereof, shall be subject to
renegotiation by the parties on the tenth (10') and twentieth (20ie) annual anniversaries (i.e.,
upon commencement of the second five (5) year Extension Term and the fourth five (5) year
Extension Term) of the Commencement Date, provided the Lease is so extended.
(D) As additional consideration, Tenant shall provide to Landlord at the time it commences
commercial service, a one time credit for Eight Thousand Dollars ($8,000.00) toward the
S:\c1ient\04430\CMC2007.WPD 2/6/98 4:23 PM
purchase of Tenant's wireless telephone equipment or a cash payment of Eight Thousand
Dollars ($8,000.00), at Tenant's option.
2.4 Construction of Tenant's Building
Tenant has proposed the construction of an equipment enclosure with external dimensions of approximately 20'
x 26' and comprising approximately 520 square feet to be located as specified on Exhibit B. The building will
be consistent with the existing Ameritech building on the site including building materials. (The plans for such
construction are in the form as attached hereto as Exhibit B and incorporated herein by specific reference.)
Tenant undertakes full and complete responsibility at all times hereafter for the expensed 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 minimization 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 fust two (2) calendar months of the Initial Term , partial months to be
prorated.
4.2 Subsequent Monthly Rent Payments. Effective with the first (Vday of the third (3id)
calendar month of the Initial Tenn Rent shall be payable monthly in advance on the first (?) day of each
calendar month.
' 4.3 Location for Payment. All rent shall be paid to Landlord at the Address for Payment of Rent
or to another person, firm 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).
Tenant's use of AT&T's monopole structure shall be nonexclusive and will not prohibit use by other
telecommunications companies so long as such other telecommunications equipment does not unreasonably
interfere with Tenant's use of the Property and its operations conducted thereon, it being understood that it is
Landlord's desire to have co -located facilities. Tenant's use of the 20 x 26 leased parcel of land and its
equipment cabinets shall be exclusive.
S:\c1ient\04430\CMC2007.wPD 2/6/98 4:23 PM
6: Tenant's Installation.
6.1 Improvements. Tenant may install an antenna structure, antennae, equipment enclosures,
equipment, other personal property, fixtures, cables, transmission lines, and utilities and make any other
improvements ("Tenant Facilities"), given Tenant has obtained a building permit from Elk Grove Village.
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. Landlord agrees to cooperate with Tenant with respect to obtaining any required zoning
approvals for the site and such improvements.
6.2 Workmanlike Construction. Tenant agrees that the installation will 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 the antenna structure, antemtae,
equipment enclosures, equipment, other personal property, fixtures, cables and transmission lines and other
improvements installed by Tenant or other personal property used by Tenant on the Property.
6.4 Ingress and Egress. Tenant and its authorized representatives shall have the right of ingress
and egress to and from the Property and access to its equipment twenty-four (24) hours a day, seven (7) days a
week. Landlord shall not have unsupervised access to Tenant's equipment located on the Property.
6.5 Utilities. Tenant shall pay for all utilities used by it at the Property. Landlord shall cooperate
with Tenant in Tenant's efforts to obtain utilities from any location provided by Landlord or the servicing
utility, including signing any easement or other instrument reasonably required by the utility company.
7: Taxes.
Tenant shall be solely responsible for and shall timely pay all personal property taxes levied and
assessed against it or its personal property which is directly attributable to the Tenant's leasehold estate.
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.
8: Indemnification.
Landlord and Tenant hereby agree to indemnify, defend and hold each other harmless from and against
any claim of liability , loss or expense (including but not limited to reasonable attorneys' fees) from personal
injury , property damage or breach of this Lease in connection with or resulting from or arising out of the
ownership, use and/or 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. During the 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
S:\client\04430\CMC2007.WPD 2/6/98 4:23 PM
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 with the first rent payment.
9: 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:
9.1 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. The person signing this Lease has the authority to sign and bind the Landlord hereto.
9.2 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.
9.3 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.
10: Easements.
10.1 Granted. For the Term of this Lease, Landlord grants Tenant the Access and Utility
Easements, if any, described in Exhibits A or B of this Lease.
10.2 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.
10.3 Uninterupted Access. Landlord guarantees Tenant 24 hour access to the Property, which shall
be provided through the use of signage, striping or other measures as approved by Landlord staff, including the
Fire Department, Engineering and Community Development Department and Department of Public Works.
11: Assignment.
Tenant may not assign, or otherwise transfer all or any part of its interest in the Agreement or in the
Property without the prior written consent of Landlord, which consent shall not be unreasonably withheld,
delayed, or conditioned; provided, however, that Tenant may assign or sublet its interest without Landlord's
prior written consent to Sprint Corporation or any subsidiary, affiliate or successor legal entity of Tenant or
Sprint Corporation or to any entity which acquires a majority ownership interest in Tenant or substantially all
of its assets. Landlord may assign this Agreement 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 Paragraph 17.1.
S:\c1ient\04430\CMC2007.WPD 2/6/98 4:23 PM
12: Defaults.
12.1 By Tenant. In the event of default under this Lease by Tenant, Landlord shall be entitled to
remedies as shall then be provided by law, including but not limited to terminating this Lease, except that
Landlord shall not be entitled to distrain any personal property (including futures) 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), after 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 within the time period allowed hereunder,
in addition to any other remedies available to Landlord, the Landlord may elect to commence eviction
proceedings provided, however, Tenant shall be permitted to continue to occupy the Property for up to six (6)
months from the date of Tenant's receipt of a notice of eviction until it can locate an alternative site. During
such time as Tenant continues to occupy the Property, Tenant shall pay to Landlord 110% of the then current
monthly Rent . Landlord acknowledges that due to the difficulty of relocating Tenant's equipment from the
Property, Tenant's right to such additional six (6) month period is an integral part of this lease, and due to the
unique purpose of this Lease, Tenant's obligation to pay Rent during this period is a fair and reasonable
estimate and compensation for Landlord's damages, if any, due to the difficulty of ascertaining any such
damages.
12.2 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, at its option, upon providing written notice to Landlord,
terminate this Lease or 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 fust rent payment, during any period in which Landlord is in default in
any of its obligations under this Lease, or 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 documents reasonably necessary to obtain any title insurance or other necessary or desirable
insurance or consent. As a condition precedent to the exercise of any of the aforementioned remedies, 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.
13: Condemnation.
In the event of condemnation of a portion or all of the Property, Tenant may, upon notice to Landlord,
terminate this Lease as of the date of the condemnation and shall have no further liability after such time. 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.
S:\c1ient\04430\CMC2007.WPD 2/6/98 4:23 PM
14: Casualty.
In the event the Property is destroyed or damaged in whole or in part by casualty during the term 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.
15: 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' part to be observed
and performed thereunder, Tenant shall be entitled to 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.
16: Subordination, Non -Disturbance and Attornment.
16.1 Existing Encumbrances. Within thirty (30) days after the execution of this Lease, Landlord
shall deliver to Tenant executed originals of non -disturbance and attornment agreements 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 attornment 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 deliver; the executed non -disturbance and attomment agreement.
16.2 Subsequent Financing. As a condition of subordinating this Lease to mortgages or other
financing instruments dated after the date of this Lease, the holder of any such mortgage or other financing
instrument shall agree to enter into a non -disturbance and attomment agreement with Tenant, in a form
reasonably satisfactory to Tenant.
17: Termination.
17.1 By Tenant. In addition to termination pursuant to other provisions 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 of the then current Rent, 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 that
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, (ii) that Tenant having obtained a soil test, or other unfavorable
environmental tests, which show contamination or building conditions which in Tenant's judgment are
unsuitable for Tenant's purposes; or (iii) Tenant having obtained any other report or test results which, in
Tenant's sole judgment, indicate that the Property is not suitable for Tenant's purposes.
17.2 By Landlord. Landlord may terminate this Agreement 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
S:\client\04430kCMC2007.WPD 2(6(98 4:23 PM
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.
17.3 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, except that the concrete monopole caisson foundation need only be removed two feet (2') below
grade. 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.
18: 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, including, but not limited to, zoning, building,
FAA and FCC permits, and to join in and execute within ten (10) days of Tenant's written request, any
application or other document required of Tenant by a third party in order for Tenant to use the Property as
contemplated in the Lease. During the term of this Lease Landlord shall take no action which adversely affects
the uses permitted to be conducted by Tenant on the Property. At any time after the date of this Lease or the
Commencement Date, either party 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.
19: 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.
20: Entire Binding Understanding; No Oral Modification.
All prior understandings and agreements between the parties related to the subject matter hereof are
superseded by and replaced with 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.
21: Successors; Separability.
Subject to the provisions regarding assignment hereunder, 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. If any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and
enforceable to the fullest extent permitted by law.
S:\c1ient\04430\CMC2007.WPD 2/6/98 4:23 PM
22: 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 posted if 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).
23: Performance.
Time is of the essence in this Lease.
24: Broadcast Interference.
24.1 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.
24.2 Interference.
(A) Tenant shall operate the Tenant Facilities in a manner that will 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 Agreement. 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 such
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
S:\c1ient\04430\CMC2007.WPD 2/6/98 4:23 PM
in taking measures to modify the Tenant Facilities in order to mitigate such interference to
Landlord's reasonable satisfaction.
(D) Notwithstanding anything to the contrary contained in the foregoing, if any interference
caused by Tenant's Facilities or caused by Landlord's or Landlord's tenants activities cannot
after reasonable efforts, under the terms of this Section, be eliminated, then Tenant shall be
permitted to terminate this Lease and neither party hereto shall have any rights against the other
except that Tenant shall remove its equipment as required herein and shall leave the Property as
required by the Lease upon termination thereof.
25: Environmental Matters.
25.1 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 Material" includes any hazardous, toxic or dangerous waste, substance or
material as that term is defined in Applicable Environmental Laws.
25.2 No Hazardous Material. Neither Landlord nor, to the best knowledge of Landlord, any other
person has ever cause or permitted any Hazardous Material to be placed, held, located or disposed of on, under
or at the Property or any part thereof nor has any part thereof ever been used by Landlord, or to the best
knowledge of Landlord, by any other person either as a permanent or temporary dump site or storage site for
any Hazardous Material.
25.3 Tenant's Indemnity. Tenant indemnifies Landlord and agrees to hold Landlord harmless
from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every
kind whatsoever paid, including attorneys' fees and any penalties, 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 from the Property or into or upon any
land, the atmosphere, or any watercourse, body of water or wetland, or 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.
25.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold
Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims
of any and every kind whatsoever paid, including attorneys' fees and any penalties, 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, expenses or claims asserted or
arising under Applicable Environmental Laws).
S:\client\04430\CMC2007.WPD 2/6/98 4:23 PM
25.5 Survival. The provisions of any undertakings and indemnifications set out in this Section shall
survive the termination of this Lease.
26:911 Surcharge.
The Village of Elk Grove is considering the adoption of an ordinance of general applicability requiring
all wireless telephone providers to assess a surcharge for 911 purposes upon customers within the corporate
limits of the Village. By executing this lease, SprintCom agrees to abide by the terms and conditions of this
ordinance of general applicability. It is understood by the parties that the 911 surcharge will not be required of
SprintCom unless the surcharge is applicable to all wireless telephone carriers providing service within the
corporate limits of Elk Grove Village.
AGREED as of the later of the two dates below:
LANDLORD
TENANT
Village of Elk Grove Village,
SprintCom, Inc.,
an Illinois Municipal Corporation
a Kansas corporation
By: Craig B. Johnson
By:
26 8
Name:
Name:
Title:
Title:
Date:
Date:
S:\client\04430\CMC2007.WPD 2/6/98 4:23 PM
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Exhibit "A" to the Lease dated May 26, , 1998, between the VILLAGE OF ELK
GROVE VILLAGE, an Illinois municipal corporation, as Landlord, and SPRINTCOM, INC., a Kansas
corporation, as Tenant.
State:
Illinois
County:
Cook
City:
Village of Elk Grove Village
Description:
as follows:
Tenant is authorized to insert legal from the Title Commitment which is to be ordered by Tenant, and
to insert the legal upon receipt of same Title Report.
SEE ATTACHED EXHIBIT "A"
Common address
S:\c1ient\04430\CMC2007.wPD 2/6/98 4:23 PM
1060 Oakton Avenue
Elk Grove Village, IL
PIN No: 08-22-303-006, 08-22-303-007
Landlord: Craig B. Johnson
Date: May 26, 1998
ATTACHMENT TO EXHIBIT W
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT HE
SOUTHWEST CORNER OF LOT 58 IN HIGGINS INDUSTRIAL PARK UNIT 40, BEING A
SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00 DEGREES 40 MINUTES 36 SECONDS
EAST ALONG THE WEST LINE OF LOT 58 (BEING THE EAST LINE OF THE SOUTHWEST 1/4
AFORESAID) FOR A DISTANCE OF 58.52 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
89 DEGREES 58 MINUTES 20 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST 1/4 354.76 FEET; THENCE NORTH 00 DEGREES 40 MINUTES 36 SECONDS EAST
PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 AFORESAID FOR A DISTANCE OF
184.20 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 20 SECONDS EAST PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 354.76 FEET TO THE EAST LIME OF SAID SOUTHWEST
1/4; THENCE SOUTH 00 DEGREES 40 MINUTES 36 SECONDS WEST ALONG SAID EAST LINE
184.20 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. -
S:\client\04430kCMC2007.WPD 2/6/98 4:23 PM
EXHIBIT "B"
DESCRIPTION OF PREMISES
Exhibit "B" to the Lease dated May 26 , 1998 between the VILLAGE OF ELK
GROVE VILLAGE, an Illinois municipal corporation as Landlord, and SPRINTCOM, INC., a Kansas
corporation as Tenant.
SEE ATTACHED EXHIBIT "B"
Landlord: Craig B. Johnson
Date: May 26, 1998
S:\c1ient\04430\CMC2007.WPD 21608 4:23 PM
}
YE�J
Z 87 ,R1
0
Q sAARGtlDE►Ara C � y „ ,.. .
fn
m
Zips[
�#3r���ar9a�ae�Bca$eNai$99i4Y6a6
NOR
q
pa 9 r1p53 NR N�
l�li •.i l��.i
p
ase
I
J
W
0
fY
CL
6gY4ygr
o
z
I�ppppppp�ipep�
�
��I�Yp�pr
0
Z 87 ,R1
0
Q sAARGtlDE►Ara C � y „ ,.. .
fn
m
Zips[
�#3r���ar9a�ae�Bca$eNai$99i4Y6a6
NOR
q
pa 9 r1p53 NR N�
l�li •.i l��.i
p
ase
I
J
Rig
OWNER NOTARY BLOCK:
STATE OF IT TNOTs
COUNTY OF COOK
BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named CRAIG B.
JOHNSON , who acknowledged that he/she/they did sign the foregoing instrument and
that same is his/her/their free act and deed personally.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at ELK GROVE VILLAGE. ILLINOIS
this 26THday of MAY , 199 A.
My commission expires: 6/1/98
Notary Public
am
STATE OF
COUNTY OF
BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named
who acknowledged that he/she/they did sign the foregoing instrument and
that same is his/her/their free act and deed personally.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
this day of , 199_
My commission expires:
Notary Public