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HomeMy WebLinkAboutRESOLUTION - 40-96 - 7/23/1996 - GROUND LEASE AGRMT & MEMORANDUMRESOLUTION NO. 40-96 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AMENDED GROUND LEASE AGREEMENT AND MEMORANDUM OF AGREEMENT AND GRANT OF EASEMENTS AND RELEASE OF MEMORANDUM OF LEASE BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND CHICAGO SMSA LIMITID PARTNERSHIP (AMERITECH - BUSSE ROAD/GREENLEAF AVE.) 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 AND MEMORANDUM OF GROUND LEASE AGREEMENT AND GRANT OF EASEMENTS AND RELEASE OF MEMORANDUM OF LEASE 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 frau and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 0 PASSED this 23rd day of July , 1996. APPROVED this 23rd day of July , 1996. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk CHI-EIFI142 GROUND LEASE AGREEMENT 1: Definitions of Terms Used in this Document: 1.1 Landlord 1.8 Initial Term Village of Elk Grove Village Five (5) Years 901 Wellington Avenue Elk Grove Village, IL 60007 1.9 Tenn The Initial Term and any extension term or 1.2 Landlord's Contact Person year to year term described in Sections 2 and 3. Village Manager Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 (847)139-3900 1.3 Name and Address for Payment of Rent Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 Attn: Finance Department E9998-1017-02 �1—�M@ 1.6 Leased Prop The leased real estate including easements which has a common address of 1751 Greenlea& Elk Grove Village in Cook County, Illinois, which is legally described on Exhibit A and is marked in the sketches described on Exhibit B. 1.7 Commencement Date August 1, 1996 1 IR[tl/.�' This Ground Lease Agreement including Exhibits A and B. 1.11 Initial Rent $15,000.00 annually payable $ 1,250.00 monthly 1.12 Tenant Chicago SMSA Limited Partnership, an Illinois limited partnership 1.13 Tenant's Contact Person Sandra R Truman, Manager Real Estate & Zoning (847)706-2365 FAX(847)706-2366 1.14 Tenant's Address Chicago SMSA Limited Partnership clo Ameritech Cellular Services Real Estate Department 1515 Woodfield Road, Suite 1400 Schaumburg, IL 60173 with a copy to: Ameritech Cellular Services Legal Department, 3H78 2000 W. Ameritech Center Drive Hoffman Estates, IL 60195-5000 CHI -El FI142 2: Term and Options to Extend: 2.1 Initially. Landlord leases the Leased 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. 2.2 Option to Extend. The term of this Lease shall be automatically renewable for four (4) additional terms of five (5) years each following the Initial 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 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 anniversary of the Commencement Date by an amount equal to four percent (4%) of the Rent for the previous year. b) The rent and the Annual incremental increases thereof, shall be subject to renegotiation by the parties on the tenth (10th) anniversary of the Commencement Date, provided the Lease is so extended. In the event the parties are unable to agree upon new terms within 30 days atter the 10th anniversary, then this lease shall terminate 120 days thereafter. In no event shall any new rent be less than the then current rental. Intentionally deleted. STANDARD PROVISIONS 3: Additional Yearly Terms. 4: Methods of Payment. 4.1 First Rent Payment. Not tater than fourteen (14) days after the Commencement Date, Tenant shill pay landlord rent for the first two (2) full calendar months of the Initial Term. 4.2 Subsequent Monthly Rent Payments. Effective with the first (1st) day of the third (3rd) calendar month, of the Initial Term rent shall be payable monthly in advance on the fust (1st) 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 Leased Property. Tenant may use the Leased Property for lawful telecommunications purposes and related site preparation, improvements and maintenance purposes in accordance with local rules and governmental regulations. CE[[-EM142 6: Tenant's Installation 6.1 Improvements. Tenant may install an antenna structure, antennas, equipment enclosures, fencing, equipment, other personal property, fixtures, cables, transmission lines, and utilities and make any other improvementsC" Tenant Facilities"). Tenant may from time to time replace any of these items with new or different it with the same or different specifications so long as their installation is otherwise in compliance with this Lease and applicable laws, ordinances and codes. 6.2 Workmanlike Construction. Tenant agrees that the installation will be completed in a neat and 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 Leased Property. Tenant shall at all times be the sole and exclusive owner of the antenna structure, antennas, equipment enclosures, equipment, other personal property, fixtures, cables and transmission lines and other improvements installed by Tenant on the Leased Property. 6.4 Ingress and Egress. Tenant and its authorized representatives shall have the right of ingress and egress to and from the Leased Property twenty-four (24) hours a day, seven (7) days a week. 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 Leased Property or resulting from or arising out of the use and occupancy of the Leased Property by the indemnifying party or its agents, excepting, however, such claims or damages at may be due to or caused by the acts of the indemnified party or its agents. Neither party shall have any obligation,: 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 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. 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: CM-EIF1142 9.1 Authority. Landlord is solvent and the owner of the Leased Property in fee simple. Landlord has full authority to execute, deliver, and perform this Leave and is not in default of any mortgage affecting the Leased Property. 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 Leased 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 Leased Property during the six (6) 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 Leased Property. 10: Easements 10.1 Granted. For the term of this Lease, Iandlord grants Tenant the Access and Utility Easements, if any, described in Exhibits A or B of this Lease and the Rider to the Memorandum of 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 Leased 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 the payment of rent for the remainder of the tern or six (6) months, whichever is less. 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; provided, however that Tenant may assign its interest without consent to its Ameritech Corporation or affiliated entity controlled by Ameritech Corporation. 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, 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, except Landlord shall not be entitled to distrain any personal property (including fixtures) on the Leased 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 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 (6) month stay front receipt of a notice of eviction at 110% of the then current monthly rent to find an alternative site. 12.2 By Landlord. If Landlord defaults in any of its obligations under this Lease, in addition to any remedies available at taw 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, CHI-EIFI142 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; his failed to provide or execute or cause to be provided or executed (a) any document reasonably necessary for Tenant's use of the Leased Property in the manner contemplated, (b) any easement; or (c) any document reasonably necessary to obtain any title insurance or other necessary or desirable insurance or consent. 13: 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, antennas, 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. 14: Casualty. In the event the Leased 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 ninety (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's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Leased 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, Attornment and Non -Disturbance. 16.1 Existing Encumbrances. Within thirty (30) days after the execution of this Lease, Landlord shall deliver to Tenant executed originals of subordination, attornment and non -disturbance 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 Leased Property which may take precedence over Tenant's interest in the Leased Property. Failure by the landlord to deliver any required subordination; attainment and non -disturbance agreement shall entitle Tenant, at Tenant's option, to terminate this Lase 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 subordination, attornment and nondisturbance agreement. 16.2 Subsequent Financing. Tenant shall enter into recordable subordination, non-distufiance and attornment 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. CHI-EIFI142 17: Termination. 17.1 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 upon thirty (30) days' written notice to Landlord and payment of six (6) months rental, (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 Leased Property as contemplated in this Lease, or (ii) Tenant has obtained a soil test which shows contamination or building conditions which, in Tenant's judgment, are unsuitable, 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 ("ANSn "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. 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 Leased Property all of its antennas, antenna structures, equipment enclosures, transmitting and receiving equipment, transmitting lines, other personal property, fixtures and other improvements (except underground wiring, driveways, sidewalks and foundations). Tenant shall leave all fencing unless prior to the effective date of the expiration, termination or cancellation, Landlord requests removal. Tenant shall have up to ninety (90) days after the effective date of the expiration, termination, or cancellation to complete removal of all items. It 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 (1/12) 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 Leased 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 of this Lease Landlord shall take no action which adversely affects the uses permitted on the Leased 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 tarry out the intent of this Lease. Landlord agrees not to allow the construction of any other tower or structure on the property, commonly known as 1751 Greenleaf, Elk Grove Village, Illinois, that would interfere with the radio signals coming to or going from Tenant's facility. Tenant shall have the right to review and approve any such project prior to approval thereof by Landlord, which approval by Tenant will not be unreasonably withheld. 19: Lease Construction. This Lease shall be construed in accordance with the laws of the State of where the Leased Property is located. In the event that any provisions of this Lease are legally unenforceable, the other provisions shall remain in effect. CHI-EM142 20: 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. 21: 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. 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 shalt 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: Lease Memorandum. Simultaneous with the execution of this Use, the parties have executed a Memorandum of Lease. Tenant may record the Memorandum of Lease. If Tenant's survey requires a correction to the legal description rider attached to the Memorandum of Lease, the parties will execute and record or re-record a modified Memorandum of Lease or a supplement to the Memorandum of Lease. Tenant shall not be required to pay rent during any period in which Landlord refuses to execute a modification or supplement. 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 Leased Property or had any equipment on the Leased Property. CHI-EIF1142 25.2 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 February 21, 1986. 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 licenses 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 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 Leased 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 a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Leased 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. CHI-EM142 26.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold the Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every land 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 Leased 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 indemnifications set out in this Section shall survive the termination of this Lease. AGREED as of the later of the two dates below: Village of Elk Grove Village, an Illinois municipal corporation By: Dennis J. Gallitano Name: Dennis J. Gallitano Title: Village President TENANT Chicago SMSA Limited Partnership, an Illinois limited partnership, by its sole general partner, Ameritech Mobile Phone Service of Chicago, Inc., an Illinois corporation By: Jay M. Ellison Regional Vice President Date: July 23, 1996 Date: CHI-EM142 LEASE AGREEMENT EXHIBIT A LEGAL DESCRIPTION OF LEASED PROPERTY (May be added by Tenant or amended at a later date.) AMCI LEASE SITE DESCRIPTION: A PARCEL OF LAND FOR LEASE SITE PURPOSES LOCATED WITHIN THAT PART OF LOT 19 IN CENTEX INDUSTRIAL PARK UNIT 4, BEING A SUBDIVISION IN SECTION 35, TOWN- SHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 2, 1959 AS DOCUMENT NO. 17701036 AND LR 1894159, DESCRIBED AS FOLLOWS, COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 553.10 FEET OF SAID LOT 19 WITH THE SOUTH LINE OF LAND DEDICATED FOR ROADWAY IMPROVEMENT BY DOCUMENT NO. 20804133, SAID SOUTH LINE BEING A LINE 20.00 FEET SOUTH OF (MEASURED PERPENDICULAR THERETO) AND PARALLEL WITH THE NORTH LINE OF SAID LOT 191 THENCE N,90.00'00 -E, ALONG SAID PARALLEL LINE, 50.00 FEETI THENCE 5.00'32' 45'W, PARALLEL WITH THE EAST LINE [IF SAID LOT 19, A DISTANCE OF 6.50 FEET FOR THE POINT OF BEGINNINGI THENCE CONTINUING S.00'32'45'W, ALONG SAID PARALLEL LINE, 85.00 FEET; THENCE N.90'00'00'E., PARALLEL WITH THE NORTH LINE OF SAID LOT 19, A DISTANCE OF 60.00 FEET TO THE EAST LINE OF THE WEST 110.00 FEET OF THE EAST 553.10 FEET OF SAID LOT 191 THENCE N,00.32'45'E., ALONG SAID EAST LINE, 85.00 FEET TO A LINE THAT IS PARALLEL WITH THE NORTH LINE OF SAID LOT 19 AND PASSES THROUGH THE POINT OF BEGINNI',NG1 THENCE 5.90.00'00-W, ALONG SAID PARALLEL LINE, 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5100.23 SQUARE FEET, IN ELK GROVE TOWNSHIP, COOK COUNTY, ILLINOIS. AMCI ACCESS EASEMENT DESCRIPTION, A PARCEL OF LAND FOR ACCESS EASEMENT PURPOSES LOCATED WITHIN THAT PART 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, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 2, 1959 AS DOCUMENT NO. 17701036 AND LR 1894159, DESCRIBED AS FOLLOWS, BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 553.10 FEET OF SAID LOT 19 WITH THE SOUTH LINE OF LAND DEDICATED FOR ROADWAY IMPROVEMENT BY DOCUMENT NO. 20804133, SAID SOUTH LINE BEING A LINE 20.00 FEET SOUTH OF (MEASURED PERPENDICULAR THERETO) AND PARALLEL WITH THE NORTH LINE OF SAID LOT 191 THENCE N.90.00'00'E, ALONG SAID PARALLEL LINE 50.00 FEETI THENCE S.00'32' 45'W., PARALLEL WITH THE EAST LINE CIF SAID LOT 19, A DISTANCE OF 91.50 FEETI THENCE S,90'00'00'W, PARALLEL WITH THE NORTH LINE OF SAID LOT 19, A DISTANCE OF 50.00 FEET TO THE AFORESAID WEST LINE OF THE EAST 553.10 FEET OF LOT 191 THENCE N.00'32'45 -E., ALONG SAID WEST LINE, 91.50 FEET TO THE POINT OF BEGIN- NING, CONTAINING 4575.21 SQUARE FEET IN ELK GROVE TOWNSHIP, COOK COUNTY, ILL- INOIS. 10 z � ° t" ? 1 Y S }b , z � ° t" ? t" ? 1 Y S CHI-EIFI142 This instrument was drafted by and after recording return to: Dennis L. Myers, 3H78 Ameritech Cellular Services 2000 W. Ameritech Center Drive Hoffman Estates, IL 60195-5000 MEMORANDUM OF GROUND LEASE AGREEMENT AND GRANT OF EASEMENTS This Memorandum of Ground Lease Agreement is made this 23rd day of July 1996, between Village of Elk Grove Village having an address at 901 Wellington Avenue, Elk Grove Village, Illinois 60007, as the Landlord, and Chicago SMSA Limited Partnership, an Illinois limited partnership, having an address Uo Ameritech Cellular Services, 2000 W. Ameritech Center Drive, Hoffman Estates, IL 60195-5000, ATI'N: Vice President -General Counsel and Manager, Real Estate & Zoning, as the Tenant. 1. Landlord hereby grants to Tenant and Tenant hereby takes from the LandlQrd subject to all terms and conditions of Ground Lease Agreement dated July 23 , 19_9§ the right to lease the Property in the County of Cook, Village of Elk Grove Village, and State of Illinois as legally described in Rider A and the easements as legally described in said Rider A ("Leased Property"). The common address of the Leased Property and its Property Identification Number(s) are also set forth in said Rider. 2. The Lease is for an initial term of five (5) years beginning August 1 19 96 and ending July 31 20 01 Unless affirmatively canceled by Tenant, the Initial Lease term will be extended automatically for four (4) successive temrs of five (5) years each. If Tenant desires not to extend any subsequent term of the Lease, it must 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. The maximum date to which Lease may be extended is twenty-five (25) years from the commencement date The term of the easements is co -extensive with that of the Lease.. 3. Subject to the terms and conditions of the Lease, all improvements (including fixtures) added to the Leased Property by Tenant shall be Tenant's property and shall be removed by Tenant within ninety (90) days after termination of the Lease, except Tenant will not be required to remove 1 CHI-EM142 any driveways, sidewalks, foundations, underground piping or wiring or any other fixtures or improvements at or below ground level. 4. The rights and obligations of Landlord and Tenant shall be construed solely by reference to the provisions of the Lease and in the event of any conflict between the provisions of the Lease and those of this Memorandum of Lease the provisions of the Lease shall control. 5. All mortgages, installment sale contracts and other financing instruments entered into by Landlord after the date of this Memorandum of Lease with respect to the Leased Property shall be expressly subject to and subordinate to the rights of the Tenant under the Lease unless the parties to such mortgages, contracts and other instruments deliver to Tenant an executed subordination, non- disturbance and attomment agreement in form satisfactory to Tenant. IN WITNESS WHEREOF, Landlord and Tenant have caused this Memorandum of Lease to be executed by themselves or their duly authorized officers as of the day and year written below for the purpose of providing an instrument for recording. Village of Elk Grove Village, an Minois municipal corporation By: Dennis J. Gallitano Name: Dennis J. Gallitano Title: Village President Chicago SMSA Limited Partnership, an Illinois limited partnership, by its general partner, Ameritech Mobile Phone Service of Chicago, Inc., an Illinois corporation By: Jay M. Ellison Regional Vice President Date: July 23, 1996 Date: lef—li XWEya RIDER A TO MEMORANDUM OF LEASE AND GRANT OF EASEMENTS LEGAL DESCRIPTION OF LEASED PROPERTY AND EASEMENTS AMCI LEASE SITE DESCRIPTION, A PARCEL OF LAND FOR LEASE SITE PURPOSES LOCATED WITHIN THAT PART OF LOT 19 IN CENTEX INDUSTRIAL PARK UNIT 4, BEING A SUBDIVISION IN SECTION 35, TOWN- SHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER P_, 1959 AS DOCUMENT NO. 17701036 AND LR 1894159, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE: WEST LINE OF THE EAST 553.10 FEET OF SAID LOT 19 WITH THE SOUTH LINE OF LAND DEDICATED FOR ROADWAY IMPROVEMENT BY DOCUMENT NO, 20804133, SAID SOUTH LINE BEING A LINE 20.00 FEET SOUTH OF (MEASURED PERPENDICULAR THERETO) AND PARALLEL WITH THE NORTH LINE OF SAID LOT 191 THENCE N.90'00'00'E„ ALONG SAID PARALLEL LINE, 50.00 FEET; THENCE 5.00.32' 45'W., PARALLEL WITH THE EAST LINE OF SAID LOT 19, A DISTANCE OF 6.50 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING S.00'32'45'W., ALONG SAID PARALLEL LINE, 85.00 FEET, THENCE N.90'00'00'E., PAI2ALLEL WITH THE NORTH LINE OF SAID LOT 19, A DISTANCE OF 60.00 FEET TO THE EAST LINE OF THE WEST 110.00 FEET OF THE EAST 553.10 FEET OF SAID LOT 19; THENCE N.00'32'45'E„ ALONG SAID EAST LINE, 85.00 FEET TO A LINE THAT IS PARALLEL WITH THE NORTH LINE OF SAID LOT 19 AND PASSES THROUGH THE POINT OF BEGINNING] THENCE S.90'00'00'W., ALONG SAID PARALLEL LINE, 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5100.23 SQUARE FEET, IN ELK GROVE TOWNSHIP, COOK COUNTY, ILLINOIS. AMCI ACCESS EASEMENT DESCRIPTIONt A PARCEL OF LAND FOR ACCESS EASEMENT PURPOSES LOCATED WITHIN THAT PART 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, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 2, 1959 AS DOCUMENT NO. 17701036 AND LR 1894159, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 553.10 FEET OF SAID LOT 19 WITH THE SOUTH LINE OF LAND DEDICATED FOR ROADWAY IMPROVEMENT BY DOCUMENT N0, 20804133, SAID SOUTH LINE BEING A LINE 20.00 FEET SOUTH OF (MEASURED PERPENDICULAR THERETO) AND PARALLEL WITH THE NORTH LINE OF SAID LOT 191 THENCE N.90'00'00'E., ALONG SAID PARALLEL LINE 50.00 FEET; THENCE S.00.32' 45'W., PARALLEL WITH THE EAST LINE OF SAID LOT 19, A DISTANCE OF 91.50 FEETI THENCE S.90000'00'W., PARALLEL WITH THE NORTH LINE OF SAID LOT 19, A DISTANCE OF 50,00 FEET TO THE AFORESAID WEST LINE OF THE EAST 553.10 FEET OF LOT 19; THENCE N.00.32'45'E., ALONG SAID WEST LINE, 91.50 FEET TO THE POINT OF BEGIN- NING, CONTAINING 4575.21 SQUARE FEET IN ELK GROVE TOWNSHIP, COOK COUNTY, ILL- INOIS. Common Address: 1751 Greenleaf Elk Grove Villa13e, Illinois 60007 Property Identification No: 08-35-104-060 NOTARY FOR CORPORATE LANDLORD MEMORANDUM OF LEASE STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) Personally came before me this 23rd day of July . 1996, the above named Dennis J. Gallitancas the Vlg. President of Village of Elk Grove Village, an Illinois municipal corporation and acknowledged that he executed the foregoing instrument on behalf of said corporation and by its authority for the purposes set forth therein. Nora E. Layton Print Name: Nora E. Layton Notary Public, Cook County State of Illinois My commission expires: May 28, 1998 NO. 1 -_I_y , H NOTARY FOR CHICAGO SMSA Li11HTED PARTNERSHIP MEMORANDUM OF LEASE STATE OF ILLINOIS ) )SS COUNTY OF COOK ) Personally came before me this day of _ , 19. the above named Jay M. Ellison as the Regional Vice President of Ameritech Mobile Phone Service of Chicago, Inc., which corporation is the sole general partner of Chicago SMSA Limited Partnership and acknowledged that he executed the foregoing instrument on behalf of said corporation and by its authority for the purposes set forth therein. Print Name: Notary Public, Cook County State of Illinois My commission expires: CHI-EIF1142 This document was prepared by and after recording return to: Dennis L. Myers, #3H78 Ameritech Mobile Communications, Inc. 2000 W. Ameritech Center Drive Hoffman Estates, IL 60195-5000 RELEASE OF MEMORANDUM OF LEASE This Release of Memorandum of Lease dated this 23rd day of ply 1996, by and between Village of Elk Grove Village, an Illinois municipal corporation, (hereinafter referred to as "Landlord") and Chicago SMSA Limited Partnership, an Illinois limited partnership, (hereinafter referred to as "Tenant') do hereby, agree as follows: Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns do hereby release that certain Memorandum of Lease dated February 21, 1986 and registered March 10, 1986, as Document Number LR3500496 and pertaining to the property legally described on Exhibit A attached hereto.. IN WITNESS WHEREOF, Landlord and Tenant have caused this Release of Memorandum of Lease to be executed by themselves or their duly authorized officers as of the day and year first above written for the purpose of providing an instrument for recording. Village of Elk Grove Village, an Illinois municipal corporation TENANT Chicago SMSA Limited Partnership, an Illinois limited partnership, by its sole general partner, Ameritech Mobile Phone Service of Chicago, Inc., an Illinois corporation By: Dennis J. Gallitano By: Name: Dennis J. Gallitano Dennis L. Myers Title: Village President Vice President CHI-EI7I142 LEGAL DESCRIPTION OF LEASED PROPERTY AND EASEMENTS ACCESS EASEMENT— LEGAL DESCRIPTION THE NORTH 86-5 FEET (EXCEPT THE NORTH 20 FEET THEREOF DEDICATED FOR ROADWAY PER DOCUMENT NO. 20804133 AND EXCEPT THE EAST 60 FEET THEREOF) OF THE WEST 110 FEET OF THE EAST 553.1.0 FEET OF LOT 19 IN C E N T E X INDUSTRIAL PARK UNIT 4, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 2, 1959 AS DOCUMENT L R 1 8 9 4 1 5 9, IN COOK COUNTY, I LU I NO IS - LEASE SITE—LEGAL DESCRIPTiDIM THE NORTH 86.5 FEET (EXCEPT THE NORTH 26.5 FEET THEREOF) OF THE EAST 60 FEET OF THE WEST 110 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, ACCORDING TO THE PLAT THEREOF RECORDED - NOVEMBER 2, 1959 AS DOCUMENT L R 1 8 9 4 1 5 9, IN COOK COUNTY, ILLINOIS- 1 Common Address: 1751 Greenleaf:, Elk Grove Village, IL 60007 Property Identification No: 08-35-104-060 2 CRI-EM142 NOTARY FOR CORPORATE LANDLORD STATE OF ILLINOIS ) ) SS COUNTY OF Coox ) Personally came before me this 23rd day of July , 1996, the above named Dennis J. Gallitano as the V1g. President of the Village of Elk Grove Village, an Illinois municipal corporation, and acknowledged that he executed the foregoing instrument on behalf of said corporation and by its authority for the purposes set forth therein. Nora E. Layton Print Name: Nora E. Layton NotaryPublic, Cook County State of Minois My commission expires: May 28, 1998 CHI-EM142 NOTARY FOR CHICAGO SMSA 1JNIITED PARTNERSHIP STATE OF ILLINOIS ) )SS COUNTY OF COOK ) Personally came before me this day of , 1996, the above named Dennis L. Myers as Vice President of Ameritech Mobile Phone Service of Chicago, Inc., which corporation is the sole general partner of Chicago SMSA Limited Partnership and acknowledged that he executed the foregoing instrument on behalf of said corporation and by its authority for the purposes set forth therein. Print Name: Notary Public, Cook County State of Illinois My commission expires: