HomeMy WebLinkAboutRESOLUTION - 51-94 - 10/11/1994 - AGRMT/NEXTEL COMMUNICATIONSRESOLUTION NO. 51-94
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND NEXTEL COMMUNICATIONS (PRATT AVE. WATER
TOWER)
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:
STANDARD WATER TOWER LEASE AGREEMENT
PRATT AVENUE EAST OF TONNE ROAD
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.
PASSED this 11th day of October —, 1994.
APPROVED this 11th day of October —, 1994.
Dennis J. Gallitano
Village Presideni
ATTEST:
Patricia S. Smith
Village Clerk
STANDARD WATER TOWER LEASE AQUEMENT
This Standard Water Tower Lease Agreement ("Agreement") is entered into this 11 th day of October, 1994, between SMART SMR OF
ILLINOIS, INC., a Delaware corporation, d1b/a Ne,tel Communications ("Lessee"), and VILLAGE OF ELK GROVE VILLAGE, an Illinois
municipal corporation ("Lessor").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I Premises. Lessor is the owner of a parcel of land ("Land") and a water tower ("Tower") located thereon in the Village of Elk Grove Village,
Counties of Cook and DuPage, State of Illinois, commonly known as the southeast comer of the intersection of Pratt Avenue and Toone Road (the
Tower and Land are collectively, the "Property"). The Land is more paticularly described in Exhibit A annexed hereto. Lessor hereby leases to
Lessee and Lessee leases from Lessor, approximately six hundred (600) square feet of the Land and space on the Tower (collectively, the
"Premises") as described in Exhibit B annexed hereto and for Lessee's sole use.
2. V5&. The Premises may be used by Lessee for the provision of telecommunications services in accordance with the Special Use Permit and its
accompanying site, building and engineering permits. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and
obtaining all licenses, permits and my and all other approvals that may be required for Lessee's intended use of the Premises.
3. itak and CQn5truction. (a) Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for
the purpose of. making necessary engineering surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee
Facilities (as defined in Paragraph 6(a)); provided, however, such tests and constructing shall be at Lessee's sole cost and expense and subject to
inspection by Lessor. Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans, specifications, surveys and tower
maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower.
(b) Prior to commencing construction, Lessee shall obtain Lessor's approval of Lessee's test and construction plans, which approval shall not
be unreasonably withheld. Lessor shall give such approval or provide Lessee with its requests for changes within fifteen (15) working days of
Lessor's receipt of Lessee's plans. If Lessor does not provide such approval or request for changes within such fifteen (15) working day period, it
shall be deemed to have approved the plans. Lessor shall not be entitled to receive my additional consideration in exchange for giving its approval
of Lessee's plans. In addition, Lessee shall supply in writing frequency information for each of its antennas, the Effective Radiated Power (ERP) for
each antenna, and the area wound each antenna which is considered unsafe for personnel to be new.
4. Term. The term of this Agreement shall be five (5) years commencing on the date Lessee begins commercial operation of the Lessee
Facilities (as defined in Paragraph 6(a)) or January 1, 1995, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary
of the Commencement Date ("Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for
three (3) successive five (5) year periods ("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall
automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of
the succeeding Renewal Tem.
5. Rent. (a) Within 15 business days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent
One Thousand Two Hundred Fifty and 00/100 Dollars 1$ 1,250.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end
of the Tem or Renewal Term shall be prorated. Rent shall be payable to Lessor at Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove
Village, IL 60007; Attention: Finance Department.
(b) On each annual anniversary of the Commencement Date, Lessee shall pay the then current Rent, increased by any percentage increase
which occurred in the Consumer Price Index ("CPI") for the Chicago, Gary, Lake County, Illinois, Indiana, Wisconsin Metropolitan Statistical Area
during the preceding year. Such increase shall not exceed four percent (4%) of the Rent for the previous year.
(c) Within fifteen (15) days of the Commencement Date, Lessee shall deposit with Lessor the sum of One Thousand and 00/100 Dollars
(S 1,000.00) (the "Security Deposit"). Said Security Deposit shall be held by Lessor as security for the faithful performance by Lessee of the terms,
covenants and conditions of this Agreement. If Lessee defaults under this Agreement, which default is not cured by Lessee or the Financing Entity,
as provided in Paragraph 10(b), Lessor may use, apply or retain all or a part of this Security Deposit to compensate Lessor for any loss, damage or
expense incurred or suffered by Lessor by reason of Lessee's uncured default. Prior to Lessor invading the Security Deposit, it shall first give Lessee
written notice of its intention to do so and with that notice shall provide to Lessee written documentation of the loss, damage or expense for which
Lessor seeks compensation from the Security Deposit. Such notice and documentation shall be provided by Lessor to Lessee within thirty (30) days
after the date of the occurrence which gives rise to Lessor's claimed loss, damage or expense. Failure to provide such notice and documentation
within such time shall result in a waiver by Lessor of the right to invade the Security Deposit. If the Security Deposit is invaded by Lessor in
accordance with this paragraph, Lessee shall restore the Security Deposit within forty-five (45) days after the notice and demand from Lessor.
Lessor shall return the Security Deposit to Lessee or Lessee's assignee within forty-five (45) days after the date of expiration or termination of this
Agreement.
(d) As additional consideration, Lessee shall provide to Lessor a credit of eight thousand and 00/100 Dollars ($8,000.00) toward the
purchase of Nextel Communications mobile telephone equipment. Lessor shall be given such telephone equipment credit at the time Lessee's system
commences commercial operations, provided that, Lessor execute a standard one (1) year subscription or service agreement with SMART SMR OF
ILLINOIS, INC., d/b/a Nextel Communications (or its successor or assigns) and abide by the terms of said subscription or service agreement.
(e) The Rent and the annual incremental increases thereof, as per subparagraphs 5(a) and 5(b) hereof, shall be subject to the renegotiation by
the parties on the tenth (10th) anniversary of the Commencement Date. In the event the parties are unable to agree to renegotiated payments under
the said subparagraphs for the eleventh (I I th) and subsequent years of this Agreement. then the parties shall submit the dispute to arbitration by the
American Arbitration Association ("AAA"). The costs of such arbitration shall be borne equally by the parties; i.e., each party shall bear fifty per
cent (50%) of the costs to be paid to the AAA for said arbitration.
6. FftififiO; Utilities, Access.
(a) Lessee, at its sole cost and expense, has the right to erect, maintain and operate on the Premises radio communications facilities,
including utility lines, transmission lines, an air conditioned equipment shelter, electronic equipment, radio transmitting and receiving antennas and
supporting structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and
alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers.
Lessee's construction and installation work shall be performed in a good and workmanlike manner. Title to the Lessee Facilities shall be held by
Lessee. Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole
expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such
removal. It is further understood and agreed to by the parties hereto that Lessee, at its sole cost, shall paint that area of the Premises on the Tower
within four (4) feet of Lessee Facilities with Lessor approved paint. Lessor shall not move or remove any of the Lessee Facilities without Lessee's
prior written consent; provided, however, that in emergency or life threatening situations involving the Lessee Facilities, Lessor may take immediate
action to alleviate such emergency or threat to life and give verbal notice within one (1) hour of such action.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall obtain.
at its sole cost and expense, separate utility service from any utility company that will provide service to the Property (including a standby power
generator for Lessee's exclusive use). Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the
servicing utility company.
(c) Lessee, Lessee's employees, agents and subcontractors shall have access to the Premises without notice to Lessor twenty-four (24) hours
a day, seven (7) days a week, at no charge.
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InItrference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the
Property, provided that their installations predate the execution of this Agreement. All operations by Lessee shall be in compliance with all Federal
Communications Commission ("FCC") requirements, including the operation of all equipment,
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on
the Property if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by
Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time
period. Lessor shall have the right to install equipment that is in compliance with all FCC standards and regulations.
(c) Should Lessor or citizens thereof claim interference with their existing residential uses due to Lessee Facilities, Lessee shall, at its sole
cost and expense, cooperate with Lessor to determine if Lessee 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 Lessee Facilities on the Premises, Lessee, at its sole cost and expense, shall take all reasonable measures to modify the Lessee
Facilities in order to mitigate such interference to Lessor's reasonable satisfaction.
S. Taxes. If personal property taxes we assessed, Lessee shall pay my portion of such taxes directly attributable to the Lessee Facilities. Lessor
shall pay all real property taxes.
9. Waiver of Lessor's Lien.
(a) Lessor waives my lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures,
and Lessee has the right to remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee has financed the Lessee Facilities ("Collateral") with Motorola, Inc. ("Motorola") and NTFC Capital
Corporation ("NTFC"). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral,
as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any
Rent due or to become due and that such Collateral may be removed at my time without recourse to legal proceedings.
10. Tgrininatkin.
(a) This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a
default of my covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default,
provided that the grace period for my monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason,
provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by
Lessee if Lessee 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 Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological
reasons, including, without limitation, signal interference; or (v) Lessor may terminate this Agreement following a determination by a qualified
engineer (using appropriate instruments which are property calibrated) that the power density levels emitted from Lessee's equipment located on the
Premises exceed the American National Standards Institute's ("ANSI") "Safety Levels with Respect to Human Exposure to Radio Frequency
Electromagnetic Fields" as set forth in ANSI Standard C95.1-1982 (or any ANSI Standard(s) which supersede this standard), at points accessible to
and intended for the general public and the inability of Lessee to bring its equipment into compliance with such standard within sixty (60) days
receipt of a written copy of Lessor's engineering findings.
(b) Lessor consents to the assignment by Lessee of this Agreement to Motorola andlor NTFC as security for the payment of all indebtedness
and performance of obligations under the promissory notes and Financing and Security Agreement evidencing the financing referred to in Paragraph
9(b); provided that, such assignment shall not constitute assumption by Motorola and/or NTFC of any obligations under this Agreement unless and
until Motorola and/or NTFC elects to assume Lessee's rights and obligations herein in the event Lessee defaults under such promissory notes,
Financing Agreement or my agreement with Motorola and/or NTFC related thereto. In such event, Motorola and/or NTFC may, but shall have no
obligation to take in its time or in the name of Lessee or otherwise, such actions as Motorola and/or NTFC may, at any time or from time to time
deem necessary to utilize the Premises. Lessee hereby irrevocably authorizes Lessor to accept such perfon-rance by Motorola and/or NTFC.
11. Relocation.
(a) Lessor shall have the right to relocate the Lessee Facilities during the Term or any Renewal Term of this Agreement upon not less than
twelve (12) months prior written notice to Lessee; provided, however, that the new premises (the "Alternate Premises") shall be similar in area and
appropriateness for Lessee's purposes and any such substitution is effected for the purpose of razing the Tower and/or replacing the Tower. Lessee
shall pay any and all expenses connected with moving the Lessee Facilities to the Alternate Premises.
(b) The size, location and dimensions of the Alternate Premises shall be chosen by Lessor but must, in Lessee's reasonable judgment, be at
least as suitable for purposes of operating the Lessee Facilities as the size, location and dimensions of the Property. If the Alternate Premises are not
suitable for Lessee's operations, as determined by Lessee in its sole judgment, then Lessor shall not require Lessee to relocate to such Alternate
Premises and Lessee shall remain on the Premises until the expiration of the twelve (12) month notice period or, if Lessee is not willing to relocate,
Lessee may terminate this Agreement upon thirty (30) days written notice to Lessor and Lessee shall have no further liability hereunder.
(c) The relocation of the Lessee Facilities to the Alternate Premises shall not cause the Rent payable under this Agreement to be increased.
(d) Upon the relocation of the Lessee Facilities from the Premises to the Alternate Premises, all references in this Agreement to the Premises
shall be deemed to be references to the Alternate Premises. Following such relocation, Lessee may, at its expense, prepare plans delineating the
Alternate Premises, which shall then replace Exhibit B of this Agreement.
12. DMitilliZlign Qr Condemnation.
(a) In the event of condemnation, Lessee's share of any condemnation award or proceeds from sale in lieu of condemnation shall be limited
to compensation for Lessee Facilities. Lessee shall not receive any part or portion of condemnation award or sales proceeds relating to
compensation for property owned by the Lessor.
(b) Lessee, at its sole cost and expense, shall maintain the Premises in accordance with all regulations of the Lessor for the duration of this
Agreement. In the event the Premises is destroyed or damaged in whole or in part by casualty during the term of this Agreement, then the
responsible party (Lessor or Lessee) that caused such damage through fault or negligence shall at its sole expense repair and restore the Premises.
Such repair and restoration shall be performed within sixty (60) days receipt of written notice of casualty by Lessor or Lessee. If such damage is
caused by Lessee, the Lessee shall not have the right to terminate the Agreement until such repairs and restoration are performed.
(c) Upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof,
reasonable wear and tear and loss by casualty or damage caused by reasons beyond Lessee's control excepted.
13. Insuranc Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury
and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars (S],000,000.00) per occurrence. Such
insurance shall insure, on in occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's
use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a
certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date.
14. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from
any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under
any insurance Policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy
obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any
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damage covered by any policy. Neither Lesser nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured
against under any insurance policy required by Paragraph 13.
15. AmmLnrnent and Sublettiu. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises
without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate
or to my successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to Motorola's and/or NTFC's interest,
if any, in this Agreement as set forth in Paragraphs 9 and 10. Lessor may assign this Agreement upon written notice to Lessee, subject to the
assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraphs 9 and 10.
16. Warranty of Title and Quiet En*ovmen . Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto;
(it) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent
and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed. Lessee may peacefully and
quietly enjoy the Premises.
17. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other
agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the
application of such provision to persons other than those as; to whom it is held invalid or unenforceable, shall not be affected and each provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable
overnight courier to the address of the respective parties set forth below:
Lessor: Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Arm.: Village Manager
Lessee: Smart SMR of Illinois, Inc.
3675 Mt. Diablo Blvd., Suite 330
Lafayette, CA 94549
Alto.: Vice President - Network Operations
With a copy to: Nextel Communications, Inc.
201 Route 17 North
Rutherford, NJ 07070
Arm.: Contracts Administrator
With a copy to: Smart SMR of Illinois, Inc.
1051 Perimeter Drive, Suite 300
Schaumburg, IL 60173
Arm.: Property Manager
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party -
(e) This Agreement shall be governed by the laws of the State of Illinois.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the
Official Records of the County where the Property is located. In the event the Property is encumbered by a mortgage or deed of trust, Lessor agrees
to assist Lessee in obtaining a non -disturbance and attornment instrument for each such mortgage or deed of trust.
(g) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such
approval or consent shall not be unreasonably delayed or withheld.
(h) All Riders and Exhibits annexed hereto form material parts of this Agreement.
(i) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.
6) If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable
attorney, accountant and other professional fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled.
18. Markiny and Lighting Requirement . Lessor shall be responsible for compliance with all marking and lighting requirements of the Federal
Aviation Administration ("FAA") and the FCC; provided, however, with respect to the Premises, Lessee shall be responsible for compliance with all
marking and requirements of the FAA and FCC. Should Lessee be cited because the Property (specifically excluding the Premises) is not in
compliance and, should Lessor fail to cure the conditions of noncompliance, Lessee may either terminate this Agreement or proceed to cure the
conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written,
LESSOR
VILLAGE OF ELK GROVE VILLAGE
an Illinois municipal corporation
By: Dennis J. Gallitano
Date: October 11, 1994
Tit],: Village President
Tax [D# 36-600-9201
ATTEST
Patricia S. Smith
Village Clerk
Date: October 11, 1994
LESSEE
SMART SMR OF ILLINOIS, INC., a Delaware corporation,
d/b/a Nextel Communications
By: —
Date:
Title:
ATTEST
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EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated October 1 1th 1994, by and between VILLAGE OF ELK GROVE VILLAGE, as Lessor, and SMART SMROF
ILLINOIS, INC., as Lessee.
The Land is described and/or depicted as follows:
The East 100 feet of the West 521.
112 feet of the North 245.83 feet
of the North half of the Southwest
Township 41 North, Range 11, East
in Cook County, Illinois.
99 feet of the South
of the South 409.77 fe�et
quarter of Section 34,
of the Third Principal Meridian,
that part of the east 14 feet of the West 521.99 feet of
the north 1/2 of the southwest 1/4 section, lying north of
the south 275.94 feet of said north half of the southwest
1/4 section and lying south of the south line of Pratt
Avenue as described in Centex Industrial Park Vnit 22 in
the West 1/2 of the southwest 1/4 of section 34, township
41 north, range 11 lying east of the third principal
Meridian, in Cook County, Illinois
and otherwise known as the southeast comer of the intersection of Pratt Avenue and Tonne Road, Elk Grove Village, IL.
P.I.N.'s: 08-34-300-027 and 08-34-300-037.
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EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated October Ilt 1994, by and between VILLAGE OF ELK GROVE VILLAGE, as Lessor, and SMART SMROF
ILLINOIS, INC., as Lessee.
The Premises are described and/or depicted as follows:
The premises are described and I or depicted as fbUows:
0-
9 0 Y
C.—
e-1 T�
-ot-10- ;0lXS,011
FLC"69C4 WIT11
Notes:
1.
2.
3.
Notes
1�b 1
SMART SMR of ILLINOIS
TO ERECT A MAXIMUM OF
NINE (9) PANEL ANTENNAS
ON THE CATWALK OF THE
WATER TOWER.
I I -L .1 -
Y
--J1
This exhibit ma�y be replaced by a site plan of the premises once it is received by the lessee.
Setback of the premises from the property's boundaries shall be the distance required by the applicable
goverarnenW authorities.
Width of the access road shall be the %%idth required by the applicable governmental authorities, including police
and fire departments.
I . This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only, Actual types, numbers,
mounting positions may vary from what is shown above.
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EXHIBIT C
This Memorandum of Agreement is entered into on this - of 1994, by and between VILLAGE OF
ELK GROVE VILLAGE, an Illinois municipal corporation, with an office at 910 Wellington Ave, Elk Grove Village, IL 60007, (hereinafter
referred to as "Lessor") and SMART SMR OF ILLINOIS, INC., a Delaware corporation, d/b/a Nextel Communications with an office at 3675 Mt.
Diablo Boulevard, Suite 330, Lafayette, CA 94549 (hereinafter referred to as "Lessee").
I Lessor and Lessee entered into a Standard Water Tower Lease Agreement ("Agreement") on the _ day of October, 1994,
for the purpose of installing, operating and maintaining a radio communications facility and other improvements. Aft of the
foregoing are set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on 199_ and ending on
I with three (3) successive five (5) year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Property being
teased to Lessee ("Premises") is described in Exhibit B annexed hereto,
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
LESSOR: LESSEE:
VILLAGE OF ELK GROVE VILLAGE SMART SMR OF ILLINOIS, INC., a Delaware corporation,
an Illinois municipal corporation d/b/a Nextel Communications
Date:
STATE OF
COUNTY OF
On I before me, I Notary Public, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
time is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seat.
(SEAL)
Notary Public
My commission
STATE OF
COUNTY OF
On before me, I Notary Public, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the sarne in his authorized capacity, and that by his signature
on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission
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