HomeMy WebLinkAboutRESOLUTION - 35-98 - 7/28/1998 - TOWER LEASE AGREEMENT/NEXTELRESOLUTION NO. 35-98
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A TOWER LEASE AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND NEXTEL COMMUNICATIONS, INC.
(1141 HAWTHORNE LANE)
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 28th day of July 1998.
APPROVED this 28th day of July 1998.
Craig B. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
By: Ann I. Walsh
resnextl.doc Deputy Village Clerk
TOWER LEASE AGREEMENT
I: Definitions of Terms Used in this Document:
IJ
Landlord's Contact Person
1.10
Property
Village Manager
Landlord is the owner of a parcel
Village of Elk Grove Village
of land (the "Land") and a water
901 Wellington
tower (the "Water Tower") located
Elk Grove Village, IL 60007
at 1141 Hawthorne, Elk Grove Village
(847) 439-3900
Illinois, (the Water Tower and Land are
collectively, the "Property"). The Land
1.2
Landlord
is more particularly described in Exhibit
Village of Elk Grove Village
A annexed hereto.
901 Wellington Ave.
Elk Grove Village, IL 60007
1.3
Name and Address for Pavment of Rent
1.11
Premises
Village of Elk Grove Village
Landlord hereby leases to and Tenant
901 Wellington Avenue
leases from Landlord, approximately 800
Elk Grove Village, IL 60007
square feet of Land and space on the Water
Attn: Finance Dept.
Tower and all access and utility easements,
if any, (collectively, the "Premises') as
1.4
Taxpayer ID
as described in Exhibit B annexed hereto.
Space on Landlord's Water Tower
139998-1017-02
sufficient to mount up to 9 antennae,
at approximately the 80 foot level.
1 .5
Property Identification Number
L 12
Lease
This Tower Lease Agreement including
08-31-405-004-0000
Exhibits A and B.
1.13
Tenant
1.6
Commencement Date
Beginning of Construction
Nextel West Corp., a Delaware corporation
or October 1, 1998
d/b/a Nextel Communications
1.7
Term
1.14
Tenant's Contact Person
Five (5) years
Ronald J. Priore
630-875-6625
1.8
Initial Rent
$20,800 annually
1.15
Tenant's Address
$1,733.33 monthly
Nextel West Corp.
1.9
Renewal Terms
300 Park Boulevard, 5"' Floor
Itasca, IL 60143
Four (4) Five (5) year renewal
Amt: Site Development Manager
terms as described in section 2.2.
With a copy to: Nextel Communications, Inc.
1505 Farm Credit Drive
McLean, VA 22102
Attn: Legal Dept., 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 shalt 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 terms 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 tern
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.
(E3) 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 I -ease, 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 rent and 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:
2.4.1 Construction of Building
Tenant and Cell -One has proposed the construction of a common equipment shelter with external
dimensions of approximately 30'4"' 25'3". The Shelter shall share a common roof and shall be located on a
portion of Landlord's Property as designated by Landlord. Tenant is leasing a parcel of land measuring 20' x
40' 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 minintalization of same, to the current operations of the
Fire Department and Public Works operations.
2.4.2 Cable Connection to Water Tower; Water Tower Maintenance.
All cable connections and antennae of Tenant that are placed or lead to the Water Tower shall be
placed and secured in a safe manner. Tenant shall be solely responsible for securing and maintaining said
antennae, cable and other equipment in a safe and secure manner. All antennae, cables or other equipment
attached to the exterior of the Water Tower shall be painted to match the exterior of the Water Tower.
Landlord shall assume no responsibility for the safety or security of the property of the Tenant at this location.
Tenant shall, upon twenty (20) days' prior written notice, make all portions of the overhead tank of Landlord
available for maintenance or repair, including but not limited to reasonable repainting and related work, upon
the request and at the direction of the Landlord. Tenant agrees to reimburse Landlord for any cleaning and re -
coating costs of the Water Toteer that are incurred due to the installation of Tenant's antenna's. Landlord shall
provide Tenant with reasona4le evidence that such costs were due to Tenant's installation. In the event these
costs are due to more than one tenant, then the costs shall be prorated among the applicable tenants. In order
to accomplish this, Tenant shall have the right to temporarily relocate all antennas and to reinstall the same
after completion of Landlord's work. Landlord agrees to give Tenant reasonable notice prior to the scheduled
work dates. Landlord shall not move or remove any of the Tenant's antennas or cables without Tenants prior
written consent; provided, however, that in an emergency or life threatening situations involving the Tenant's
antennas and cables, Landlord shall take immediate action to alleviate such emergency or threat to life and
give verbal notice within one (1) hour of such action.
2.4.3 Ownership of the Shelter.
Upon completion of the construction of the Shelter, and provided that this Lease is in full force and
effect, Tenant shall convey all of its ownership rights in and to the Shelter to Landlord and the Shelter will
become Landlord's sole property.
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 (Ist) day of the third (3rd)
calendar month of the Term rent shall be payable monthly in advance on the first (Ist) 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, 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).
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.
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, and other personal property, fixtures, cables,
transmission lines, utilities lines and make any other improvements ("Tenant's Facilities"), given
Tenant has obtained a building permit from 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 a�,rees 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.
63 Title to Various Iters. 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,
excluding the equipment shelter. All of Tenant's Facilities shall remain Tenant's personal
property and are not fixtures, except the equipment shelter.
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.
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. 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 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 parry of notice of such claim or
loss.
9. Insurance.
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 shall not be less than S1,000.000.00 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 (1 S) 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 Tenn, 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 materialmen'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. In 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), 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, 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 tern 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 attomment agreement.
17.2 Subsequent Financing. Tenant shall enter into recordable subordination, non -disturbance
and anomment agreements with the holders of any morgage, trust deed, installment sale contract or other
financing instrument dated atter the date of this Lease, if the agreements are in form satisfactory to Tenant.
I8: Termination.
1S.1 13% Tenant. In addition to temtination 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 are not appropriate for its operations for economic or technological reasons, including,
without limitation, signal interference.
18.2 6y 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, temtination,
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
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.
20: Lease Construction.
This Lease shall be construed in accordance with the laws of the State of where the Property is
located, ht 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 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).
24: Performance.
Time is of the essence in this Lease.
25: Broadcast 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 esistina
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 soleh' 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 modifv 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 conceming 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.
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 indemnifies the Landlord and agrees to hold the Landlord
harmless 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
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).
26.5 Survival. The provisions of and undertakings and indemnification set out in this Section
shall survive the termination of this Lease.
27. Waiver of Landlord's Lien.
(a) Landlord waives any lien rights it maN 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 fiom execution, foreclosure. sale_ levy, attachment, or distress for any Rent due or
to become due and that such Collateral may be removed at mry time without recourse to legal proceedings.
AGREED as of the later of the two dates below:
LANDLORD
Village of Elk Grove Village,
an Illinois Municipal Corporation
Bv: Craig B. Johnson
Name: Craig B. Johnson
Title: Village President
Date: July 28, 1998
TENANT
Nextel West Corp., a Delaware corporation,
d/b/a Nextel Communications
By. _
Name:
Title:
Date:
John C. Shelton
Vice President
EXHIBIT "A"
DESCRIPTION OF LAND
Exhibit "A" to the Lease dated , 1998, between the
VILLAGE OF ELI{ 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:
Outlot F in Huntington Chase Phase Two, Being a
Subdivision of a part of Section 31, Township 41 North,
Range 11 East of the Third Principal Meridian According
to the Plat Thereof Recorded on June 5, 1995 as
Document 95363890 in Cook County, Illinois.
Common address: 1141 Hawthorne Lane
Elk Grove Village, IL
PIN No: 08-31-405-004-0000
EXHIBIT "B"
DESCRIPTION OF PREMISES
Exhibit "B" to the Lease dated . 1998 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 Premises are described and/or depicted as attached hereto.
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