HomeMy WebLinkAboutRESOLUTION - 41-96 - 7/23/1996 - WATER TOWER & GROUND LEASE AGRMTRESOLUTION NO. 41-96
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A WATER TOWER AND GROUND LEASE AGREEMENT AND
MEMORANDUM OF AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE, ILLINOIS AND AMERITECH (1141 HAWTHORNE LANE)
NOW, THEREFORE, BE IT RESOLVED by the President and Bclard 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:
a�• • �• a •.•a n0015 12
• u
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.
4140X- w
VOTE: AYES: S NAYS: 0 ABSENT: 0
PASSED this 23rd day of July , 1996.
APPROVED this 23rd day of July , 1996.
Patricia S. Smith
Village Clerk
Dennis J. Gallitano
Village President
CHI-FII33#2
WATER TOWER AND GROUND LEASE AGREEMENT
1: Definitions of Terms Used in this Document:
1.1
Landlord's Contact Person
1.9 Term
The Initial Term and any extension term or
1.5
Village Manager
year to year term described in Sections 2
Village of Elk Grove Village
and 3.
901 Wellington, Elk Grove Village, IL 60007
(847)139-3900
1.10 Property
1.6
Commencement Date
Space on Landlord's water tower ("Water
1.2
Landlord
Tower") sufficient to mount up to 12 antennae, at
approximately the 100 foot level, with ground
1.7
Village of Elk Grove Village
space of approximately 700 square feet to
901 Wellington Avenue
construct an approximate 12' x 26' equipment
Elk Grove Village, IL 60007
enclosure and space to nut cables from the
1.8
biitial Rent
equipment enclosure to the antennae on certain
1.3
Name and Address for Payment of Rent
real property ("Property") with a common address
$ 1,666.67 monthly
of 1141 Hawthorne Lane, Elk Grove Village, IL,
Village of Elk Grove Village
and the easements conferred herein, all as legally
901 Wellington Avenue
described on Exhibit A and marked on the
Elk Grove Village, IL 60007
sketches on Exhibit B attached hereto and made a
ATTN: Finance Dept.
part hereof
1.4
Taxpayer Identification
1.11 Lease
1
E9998-1017-02
This Ground Lease Agreement including
Exhibits A, B and C.
1.5
Property Identification Number
1.12 Tenant
08-31-300-001
Chicago SMSA Limited Partnership,
1.6
Commencement Date
an Illinois limited partnership
August 1, 1996
1.13 Tenant's Contact Person
Sandra Truman, Manager Real Estate & Zoning
1.7
Initial Term
(847)706-2365 FAX #(847)706-2366
Five (5) years
1.14 Tenant's Address
Chicago SMSA Limited Partnership,
1.8
biitial Rent
c/o Ameritech Mobile Communications, Inc.,
$20,000.00 annually
2000 West Ameritech Center Drive, #3H78
$ 1,666.67 monthly
Hoffman Estates, IL 60195-5000
ATTN: Vice President/General Counsel
and Manager Real Estate & Zoning
1
�,xtend: d condiuons of
ihls Lease
to
the
rms
X33#2 2: Term and plo stlie InitialTe lu 06 ca p suant to section belo� terms of five
°pew toTettlu ed In succeedingats four (4) duo upon the same
s the L'ttwaetwise dlozd
'I'll�cem �Oat a e Initial Rent as adl at
be automate Tental uY tell' of the �e the the Urzean m
2 oa the Camra ermof this Lease at the annual d BAY went to of
ppdon to origln- t tmd The toz any Want dreneues to X� C60) da} s to the exPization
2.2 the o If at 1� n cunt term
(5) Yeats each ditions stated to os n�xtend the term
expiration of the the
ug to foul
and con deemed canceled amount eq,
tem n notice intention
pate by an
wh �ngUtensionTerins• each anniversary of the Coinnlencemezn thenm of 51000 cetby
eteupo
1.3 Rent sball be incieas a re�� ye<a. sic with LOA lot the faithful Pe eju whic'h
s
ed
(A) Ront of the Rent for the p t shall depo Se under this AEI tln
Percent (4 Q ent Da 'Tenn ld WLatldtozd IfTen defaults n all or a Landlord ti
Pe or before the C°Inrne�uD posit SWJ be eAY eement. °td may tee' apply ° correda�sufferedbY Teenartt
prI Said Seou eanditions of h 12.1>Landl or expense in it. it shall first ax. of the
"Security Deposit')• is and agral' a Delp mentauon d
itant f the terms otcovedb Tenant as 00 dord f01 any a dlor vadinS the Tenn tten d°W Such n°ueoccurrence
to
rite D P°s� to c ymPe ed default. a sate Lan . otn ' no I grom30) day Ae1 notice and doc Pr the security 0 date of the ecu otY
Seco (� If th
reason 0.
o{ its intention N° do sLaudlord to encennt wittnn F e to Pz°OS such
DeF°slt ity f�yP°s
it within
Lse for
Written
sedam�e
or hall be prov`� meJOSS. hIc otddama8e eofpethesriSht Tenant shall restorluvede the Seem e thn � g AS II)ePofndii$
documentations fiver by Lan aph, Landlo sh r
to Landlord s clai this paza rd all re o ter
niinatron
which S" es `me shall result id a accozdanc With
ftarll Landlord. the date of expiration
within such by Lett th ice and defiv 45) days ager artles on
th
Delity (nhSvYs a{ter the notice
furr�',.{ive ( feuegotiauonby the
event the
B Tenn assigner q shall be sobltd to extended In then this
ferry- is
Tenant or es the > the Lease is so anniversary, than the
p greenient. inctemental incfenats pate, Provided after the tenth 00th)tent be
Commence - tlum (30) d no event shalt
new
The tent and rsa�°f the nus MAlj)iTL
(C) 10th) annl upon new ed n�5• (120) days thereatter. corrunerciat
the tenth ( time it couu. Mani
parties are unabuces
lenate °ane hunn Landlord at the uiPment.
Lease shall terrni jrkqAl PITAde to L wifeless telephone eq
AAP
current
rental- siderauon+ Ter -all pnrchase of Tenan
is
consideration. 0o tow
ps EdiIonat, for".
Service, a one nine credit
x 2b' ane
of Tenant s Bnilding ions of appTc)ama ely ate it' form a
Construction a1 dimers ctia
2.4 f Building• such responsibility at a
e wltli exterrl len to[ coustrn fete
ctioo o egnipment enciosur . B. The Plans full and complete
2 4.1 Construed on B�ib_ur, t t unde require
and rev
s effectr
construction of an cifi liance with deficient
proposed sfeet to be ted as speitic reference. th all rsor
thetisnce
Tenant has P 312 sgnaz her�eln by spec etion comp but limrl8d {° comp medy oz correct any
c°mPnsius approy-I lte t C and incot and� i� of e° Coi m mt> Incl sand Tensluny, agr�dees by an redna� licensed �.
shed hetete of theihe expeuses ourisdiction m pus by public emPtl to mut and con mon activities upon
blit prOhe
ti g ents
hetital auth, �hbuildings ntuct. u shalll be Pian sssedtat'ILe4nlrenients for constrll
gconstructton of ga co The const . with local
wdsuch wed in comphmfca
CHI-FII33#2
construction work shall proceed without interference or disruption, or minimalization of same, to the current operations of the Water
Department and the other departments of the Village government having use of the property.
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
manner safe to all. 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
upon 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 recoating costs of the water tower that are incurred
due to the installation of Tenant's antenna's. Landlord shall provide Tenant with reasonable 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 the
Landlord's work. Tenant agrees not to make any claim of damages or reimbursement of revenue from Landlord due to any loss of
service during the pending cleaning and re -coating work undertaken by the Landlord. 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 Tenant's
prior written consent; provided, however, that in emergency or life threatening situations involving the Tenant's antenna's 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.
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 Initial Term and any rent due from the Lease Signature Date to the
Commencement Date.
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 first (1 st) 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 can not place equipment or materials in such a
manner as to block Landlords access). Tenant's use shall be nonexclusive and will not prohibit use by other telecommunications
companies.
6: Tenant's Installation
6.1 Improvements. Tenant may install an antenna structure, antennas, 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 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
3
CHI-F1i33#2
specifications so long as their installation is otherwise in compliance with this Lease and applicable laws, ordinances and codes.
Tenant's installation shall not interfere with Landlord's use of the Property.
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, antennas, equipment enclosures, equipment, other
personal property, fixtures, cables and transmission lines and other improvements installed 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 twenty-four (24) hours a day, seven (7) days a week
6.5 Ground Lighting. As additional consideration, Tenant shall propose a plan for ground lighting for Landlord's
approval. After approval is given, Tenant shall install said ground lighting in accordance with the approved plan. After installation
of the ground lighting, Tenant shall transfer ownership of said lighting to Landlord, and thereafter, Landlord shall be responsible for
all maintenance and repair of said lighting.
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 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 Tenn, 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.
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 materialmen's liens. There are no
unrecorded easements or agreements affecting the Property.
CM -F1133#2
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 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 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 term or
one year, whichever is Iess.
11: Assignment.
Tenant may not assign, or otherwise transfer all or any art 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 Ameritech Corporation
or an 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 that Landlord shall not be entitled to distrain 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.
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 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.
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 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.
IS: 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
CIH4103#2
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, Not -Disturbance and Attornment.
16.1 Existing Encumbrances. Within thirty (30) days after the execution of this Lease, Landlord shall deliver to
Tenant executed original of non -disturbance and attornment 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 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 delivers the executed non -disturbance and attornment agreement.
16.2 Subsequent Financing. Tenant shall enter into recordable subordination, non -disturbance and attornment
agreements with the holders of any mortgage, trust deed, instillment sale contract or other financing instrument dated after the date
of this Lease, if the agreements are in form satisfactory to Tenant.
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 anytime 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 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.
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 095.1-1982 (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 property all of its antennas, 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 Landlords access unless
another tenant of Landlord is utilizing said road in which cast: 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, 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 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.
Cffi-FI133#2
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 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 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 Landlords
Address and Tenants 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 Lease, the parties have executed a Memorandum of Lease. Tenant may record the
Memorandum of Lease. If Tenanes 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 Property or had any equipment on the Property.
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 predate the execution of this Agreement. All operations by Tenant shall be in compliance with all
Federal Communication Commission ("FCC) requirements.
CHI-FT13302
(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 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 Property or into or upon any land, the
atmosphere, or any watercourse, body of water or wetland, of any Hazardous Material (including, without limitation, any losses,
liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws) caused by or in the
control of Tenant.
26.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold the Tenant
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 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).
ri
CM-FI133#2
26.5 Survival. The provisions of and undertalangs 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
Date: July 23, 1996
YY Ky."
Chicago SMSA Limited Partnership,
an Illinois limited partnership, by its
sole general partner, Ameritech Mobile
Phone Service of Chicago, Inc., an
Illinois corporation
Jay M. Ellison
Regional Vice President
Date:
9
6w
•``! �[!olol°n��li�l!lBIIIl11e1�l0 . !� � �y lgN>.
a �'d ! SYa.....♦...Il...e7Ekkt•!!j ! M.u.'"•lS '0 1 io s" Y"x"
61H y 3Y° F•
eiaa'55y 19 G0• IMMUNE n
�S
Y�i!l1�1�5ilil�iis�lliiaal
i
•°•••�Y.il Nlitll ll•ti•'i^IA ^S ! �e� �'ac� i k i �
ygg �h
1 e4
.� ` y ,�• , •'� ��l1 'eaY��l��g��'�Ep�tll� �;�g134la ! 9
`, �r a',� 'p ••'�+.•••`�w♦ I� 3i€!pe' Jill
pAi $§
Xp��le�ki`lp.M6E�l��ga��eXd��
Y'♦ ,, � f - ♦ `♦ � � i I}/'i/1 � �14i E El�
P YR
' ♦' }a �� ,.ti. ��t 3 y� HSI y�16$i 6vik,Y
.. �,.�•,,.� �' �` ,)!I -' hY�eyg 1yiG3Q�fh`hs�5�''4h�!a
w♦ �f*�• , , Y•I hp¢R � � C � 4! d�p u x
yy yy ➢ Y! Y
!n !ii i Rd2y !-'be1�Y33���j y i'VIP a
�!! ' ekl�h' h8 e -
�dl6� eee'jig "
h pp
83 "t @g�Iggy"•h 3 p
c+ 'yam ~ ! • _ g 9pS��e[tY'Yei�p�p� ��36
$3g;�gisd�
Oil Y,¢ :y
(y�za`"6�;�gggg♦k,�°*+� � � !�° p;:R� �! � 1`<�§� y$�gpg�pg5�s � �� �°8� pgiE�
9d k 31 €y y 7 y 1e�9. y
1�11Ida pe �ef
!k gYhe
1 a i Y K•h S: p a ? YIN
i�r
4i:E 99i1 Ai_U pg "ahs
yYlkd 9 /I Yo a 11p, a•ap ppy
el ! � � ... • i � Y ea � � ! g h;€e7 yYa
hC�yy�@F2 �Ya r zgk
ilk!! ` 31 !!J Sued C�: 5i Y 3§alp839bHR°rC�
! �� Y41 :
CM-FI133#2
This instrument was drafted by
and after recording return to:
Dennis L. Myers, 31-178
Ameritech Cellular Services
2000 W. Ameritech Center Drive
Hoffman Estates, IL 60195-5000
MEMORANDUM OF WATER TOWER AND GROUND LEASE AGREEMENT
AND GRANT OF EASEMENTS
This Memorandum of Water Tower and Ground Lease Agreement is made this 23rd day of
.Tule , 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 c/o Ameritech Cellular Services, 2000 W. Ameritech
Center Drive, Hoffman Estates, IL 60195-5000, ATTN: Vice President -General Counsel and
Manager, Real Estate & Zoning, as the Tenant.
1. Landlord hereby grants to Tenant and Tenant hereby takes from the Landlord subject
to all terms and conditions of Water Tower and Ground Lease Agreement dated July 23
192§ the right to lease the Property in the County of Cook, Village of Elk Grove Village, and State of
Illinois as Iegally 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 1 199 and
ending July 31 20 0L Unless affirmatively canceled by Tenant, the Initial Lease term will
be extended automatically for four (4) successive terms 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, including the removal any sidewalks,
CM-FT133#2
foundations, fencing, underground piping or wiring or any other fixtures or 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
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 con9ict 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 inshuments deliver to Tenant an executed subordination, non-
disturbance and attomment agreement in form srtisf ictory 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 ofproviding an instrument for recording.
LANDLORD
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 general partner, Ameritech Mobile
Phone Service of Chicago, Inc., an Illinois corporation
Lo
Jay M. Ellison
Regional Vice President
Date: July 23, 1996 Date:
CHI-FL133#2
RIDER A TO MEMORANDUM OF LEASE
AND GRANT OF EASEMENTS
LEGAL DESCRIPTION OF LEASED PROPERTY
AND EASEMENTS
LEGAL DESCRIPTIOL
CUTLOT F IN HUNTINGTON CHASE PHASE TWO, BEING A SUBDIVISION OF A PART OF
SECTION X TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED ON JUNE 3 I"S, AS DOCUNENT NR 95
363896 IN COO( C"TY, ILLINOIS.
SURVEYOR'S NOTES,
L THE EASEMENT DESCRIBED IN DOCLMENT NO. 23643259 FALLS WITHIN RONLVING
GROVE WIT M. I AND DOES NOT FALL WITHIN THE PROPERTY DESCRIBED HEREON.
2. DOCUMENT BR 20458052 ESTABLISHES L.A.I. ROBE NO. 290 AS A FREEWAY AND RE-
STRICTS ACCESS THERETO ONLY At ENTRANCES PROVIDED FOR SUCH PURPOSE.
3. OUTLOT F IS NOT INCLUDED IN THE BLANKET CASEHENT FOR PUBLIC UTILITIES AND
DRAINAGE ESTABLISHED BY DOCUMENT NO 95363970
AMCI LEASE SITE DESCRIPT104
A PARCEL DF LAND FOR LEASE SITE PURPOSES LOCATED WITHIN THAT PART OF OUT -
LOT F IN HUNTINGTON CHASE PHASE TWO. BEING A SUBDIVISION OF A PART OF SEC -
ITCH 3L TOWNSHIP 41 NORTH. RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AC-
CORDING TO THE PLAT THEREOF RECORDED ON JUNE S 1995 AS DOCUMENT H., 95363970,
DESCRIBED AS FOLLOWS -
COMMENCING AT THE NORTHEAST CORNER OF SAID OITLOT q THENCE S.76'10'34'W.
(RECORD BEING S,76'II46'V.), ALONG THE NORTHERLY LINE OF SAID OUTLOT P, A DIS-
TANCE OF 37,40 FEET, THENCE S43'49'26'E. PERPENDICULAR TO THE LAST DESCRIBED
COURSE 48.54 FEET FOR THE POINT OF BEGINNING; THENCE S21.55V3'V, A DISTANCE
OF 20X0 FEET, THENCE NA8'OP17'W.. PERPENDICULAR TO THE LAST DESCRIBED COURSE
4200 FEETi THENCE H2l'55'43'E. PfIRPENDICULAR TO THE LAST DESCRIBED COURSE,
20.00 FEED THENCE S.68' 17'E. PERPENDICULAR TO THE LAST DESCRIBED COURSE
42X0 FEET TO THE POINT OF BEGINNINR CONTAINING 840W SOUARE FEET. IN ELK
GROVE TOWNSHIP. COOK COINTY, ILLINOIS.
Common Address: 1141 Hawthorn Lane, Elk Grove Village, IL 60007
Property Identification No: 08-31-300-001
CM -M33#2
NOTARY FOR CORPORATE LANDLORD
MEMORANDUM OF LEASE
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
Personally came before me this 23rd day of July 19Sy the above named
Dennis J. Gallitano as the vig. 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.
My commission expires:
May 28, 1998
Nora E. Layton
Print Name: Nora E. LAyton
Notary Public, Cook County
State of Illinois
4
CM-FI133#2
NOTARY FOR CHICAGO SMSA LIMITED PARTNERSMIP
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: