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HomeMy WebLinkAboutRESOLUTION - 28-98 - 6/23/1998 - TOWER LEASE AGREEMENTRESOLUTION NO. 28-98 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A TOWER LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SPRINTCOM. INC. (1141 HAWTHORNE LANE) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: TOWER LEASE AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 23rd day of June , 1998. APPROVED this 23rd day of June , 1998• ATTEST: Village Clerk ressprit.doc Village President Site Name: Oklahoma TOWER LEASE AGREEMENT 1: Definitions of Terms Used in this Document: 1.1 Landlord's Contact Person Village Manager Village of Elk Grove Village 901 Wellington Elk Grove Village, IL 60007 (847)439-3900 1.2 Landlord Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 1.3 Names and Address for Payment of Rent Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 Attention: Finance Dept. 1.4 Taxpayer Identification E9998-1017- 03 1.5 Property Identification Number 08-31-405-004 1.6 Commencement Date Upon the date Tenant is issued a building permit to allow for the construction and installation of its equipment and improvements. 1.7 Initial Term Five (5) years 1.8 Initial Rent $20,800.00 annually $1,733.33 monthly 1.9 Extension Term(s) Four (4) separate five (5) year renewal periods exercisable at Tenant's option pursuant to Section 2.2. Site ID: 482-A 1.10 Term The Initial Term and/or any Extension Term described in Section 2. 1.11 Property Space on Landlord's water tower ("Water Tower") sufficient to mount up to 9 antennae, at approximately the 74 foot level, with ground space of approximately 30 x 30 square feet to install 12 x 18 square foot building for equipment cabinets and space to run cables from the equipment cabinets to the antennae on certain real property ("Property") with a common address of 1141 Hawthorne Lane, Elk Grove Village, IL, and the easements conferred herein, all as legally described on Exhibit A and marked on the sketches on Exhibit B attached hereto and made a part hereof. 1.12 Lease This Water Tower Lease Agreement including Exhibits A and B. 1.13 Tenant SprintCom, Inc. a Kansas corporation 1.14 Tenant's Contact Person SprintCom Area Manager (847) 384-3084 FAX (847) 384-3085 1.15 Tenant's Address SprintCom, Inc. Attention: Director -Network Real Estate 1200 Main Street Kansas City, Missouri 64105 with copies to: SprintCom, Inc. 9801 West Higgins Road Suite 370 Rosemont, Illinois 60018 - Attn: Engineering and Operations Director 2: Term and Options to Extend 2.1 Initially. Landlord leases the Property to Tenant for the Initial Term and on the terms and conditions of this Lease beginning on the Commencement Date at the Initial Rent as adjusted in succeeding years pursuant to Section 2.3 below. Notwithstanding the foregoing, Tenant shall have the right to enter upon the Property upon the full execution of this Lease in order to conduct such testing and inspections as Tenant deems necessary, subject to all terms and conditions contained herein. Prior to the Commencement Date, Tenant shall have the right to cancel this Lease without further liability for any reason by providing written notice to Landlord. 2.2 Option to Extend. The term of this Lease shall be automatically renewed for four (4) additional terms of five (5) years each following the Initial Term (hereinafter individually referred to as an "Extension Term") at the annual rental stated below and otherwise upon the same terms and conditions stated in this Lease. If Tenant desires to not extend any Extension Term of the Lease it shall give Landlord written notice of its intention to not extend the Term at least sixty (60) days prior to the expiration of the then current Term whereupon the Lease shall be deemed canceled upon the expiration of the then current Term. 2.3 Rent During Extension Terms. (A) Rent shall be increased on each annual anniversary of the Commencement Date by an amount equal to four percent (4 %) of the Rent for the previous year. (B) On or before the Commencement Date, Tenant shall deposit with Landlord the sum of One Thousand Dollars ( $1,000.00) (the "Security Deposit"). Said Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of the terms, covenants and conditions of this Agreement. If Tenant defaults under this Agreement, which default is not cured by Tenant as provided in paragraph 12. 1, Landlord may use, apply or retain all or a part of this Security Deposit to compensate Landlord for any actual loss, damage or expense incurred or suffered by Landlord by reason of Tenant's incurred default. Prior to Landlord invading the Security Deposit, it shall first give Tenant written notice of its intention to do so and with that notice shall provide to Tenant written documentation of the loss, damage or expense for which Landlord seeks compensation from the Security Deposit. Such notice and documentation shall be provided by Landlord to Tenant within thirty (30) days after the date of the occurrence which gives rise to Landlord's claimed loss, damage or expense. Failure to provide such notice and documentation within such time shall result in a waiver by Landlord of the right to invade the Security Deposit. If the Security Deposit is invaded by Landlord in accordance with this paragraph, Tenant shall restore the Security Deposit within forty-five (45) days after the notice and demand from Landlord. Landlord shall return the Security Deposit to Tenant or Tenant's assignee within forty-five (45) days after the date of expiration or termination of this Agreement. (C) The Rent and the annual incremental increases thereof, shall be subject to renegotiation by the parties on the tenth (10`x) and twentieth (20`h) annual anniversaries (i.e., upon commencement of the second five (5) year Extension Term and the fourth five (5) year Extension Term) of the Commencement Date, provided the Lease is so extended. (D) As additional consideration, Tenant shall provide to Landlord at the time it commences commercial service, a one time credit for Eight Thousand Dollars ($8,000.00) toward the purchase of Tenant's wireless telephone equipment or a cash payment of Eight Thousand Dollars ($8,000.00), at Tenant's option. 2.4 Construction of Tenant's Building 2.4.1 Construction of Building Tenant has proposed the construction of an equipment enclosure with external dimensions of approximately 12' x 18' and located on a leased parcel of land measuring 30' x 30' to be located as specified on Exhibit B. The building will be consistent with the existing Ameritech building on the site including building materials. (The plans for such construction are in the form as attached hereto as Exhibit B and incorporated herein by specific reference.) Tenant undertakes full and complete responsibility at all times hereafter for the expensed of, and quality of, construction and compliance with all code requirements and regulations of governmental authorities having jurisdiction over the construction, including but not limited to compliance with acts effecting construction of public buildings and service areas used by public employees, and Tenant agrees to remedy or correct any deficiencies with such compliance. The construction shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with local and State requirements for construction activities upon public property. The construction work shall proceed without interference or disruption, or minimization of same, to the current operations of the Fire Department and Public Works operations. 2.4.2 Cable Connection to Water Tower; Water Tower Maintenance All cable connections and antennae of Tenant that are place 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 antennas. 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 recoating 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 the 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) calendar months of the Initial Term , partial months to be prorated. 4.2 Subsequent Monthly Rent Payments. Effective with the first (1") day of the third (3') calendar month of the Initial Term Rent shall be payable monthly in advance on the first (I') day of each calendar month. 4.3 Location for Payment. All rent shall be paid to Landlord at the Address for Payment of Rent or to another person, firm or place which the Landlord may from time to time designate in writing at least forty-five (45) days in advance of a rent payment date. 5: Use of Property. Tenant may use the Property for lawful telecommunications purposes and related site preparation, improvements and maintenance purposes in accordance with local rules and governmental regulations, and such use shall not interfere with Landlord's use of the Property (i.e., if Tenant is making improvements to the Property, Tenant cannot place equipment or materials in such a manner as to block Landlord's access). Tenant's use shall be nonexclusive and will not prohibit use by other telecommunications companies so long as such other telecommunications equipment does not unreasonably interfere with Tenant's use of the Property and its operations conducted thereon, it being understood that it is Landlord's desire to have co -located facilities. Tenant's use of the 30 x 30 leased parcel of land and its equipment cabinets shall be exclusive. 6: Tenant's Installation. 6.1 Improvements. Tenant may install an antenna structure, antennae, equipment enclosures, equipment, other personal property, fixtures, cables, transmission lines, and utilities and make any other improvements ("Tenant Facilities"), given Tenant has obtained a building permit from Elk Grove Village and approval from Chicago Bridge and Iron prior to any mounting, drilling or welding. Tenant may from time to time replace any of these items with new or different items with the same or different specifications so long as their installation is otherwise in compliance with this Lease and applicable laws, ordinances and codes. Tenant's installation shall not interfere with Landlord's use of the Property. Landlord agrees to cooperate with Tenant with respect to obtaining any required zoning approvals for the site and such improvements. 6.2 Workmanlike Construction. Tenant agrees that the installation will be completed in a neat, workmanlike manner consistent with good engineering practices. All costs of the installation, including, but not limited to, the cost of extending Landlord's electrical service to Tenant's equipment, will be paid by the Tenant. 6.3 Title to Various Items. Landlord shall, at all times, be the sole and exclusive owner of the Property. The Tenant shall at all times be the sole and exclusive owner of the antenna structure, antennae, equipment enclosures, equipment, other personal property, fixtures, cables and transmission lines and other improvements installed by Tenant or other personal property used by Tenant on the Property. 6.4 Ingress and Egress. Tenant and its authorized representatives shall have the right of ingress and egress to and from the Property and access to its equipment twenty-four (24) hours a day, seven (7) days a week. Landlord shall not have unsupervised access to Tenant's equipment located on the Property. 6.5 Utilities. Tenant shall pay for all utilities used by it at the Property. Landlord shall cooperate with Tenant in Tenant's efforts to obtain utilities from any location provided by Landlord or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. 6.6 Accessory Improvements. Tenant agrees to erect a wrought iron fence around the Sprint PCS shelter and to construct a "turn -around" driveway for use by maintenance vehicles as depicted on Exhibit B, attached hereto. 7: Taxes. Tenant shall be solely responsible for and shall timely pay all personal property taxes levied and assessed against it or its personal property which is directly attributable to the Tenant's leasehold estate. Tenant shall not be responsible for any real estate, special assessments or similar taxes relating to the Property except to the extent permitted by statute for the value of Tenant's leasehold estate. 8: Indemnification. Landlord and Tenant hereby agree to indemnify, defend and hold each other harmless from and against any claim of liability , loss or expense (including but not limited to reasonable attorneys' fees) from personal injury , property damage or breach of this Lease in connection with or resulting from or arising out of the ownership, use and/or occupancy of the Property by the indemnifying party or its agents, excepting, however, such claims or damages as may be due to or caused by the acts of the indemnified party or its agents. Neither party shall have any obligations under this Paragraph unless notified in writing of any such claim or loss within thirty (30) business.days of receipt by the other party of notice of such claim or loss. During the term of this Lease, Tenant shall carry and maintain commercial general liability insurance, naming the Landlord as an additional named insured, insuring against liability for injury to persons or property occurring in or about the property or arising out of the ownership, maintenance, use or occupancy thereof. Coverage under such policy shall not be less than $1,000,000.00 per occurrence for personal injuries and not less than $50,000.00 per occurrence for property damage. In addition, Tenant shall carry and maintain worker's compensation insurance in the statutory amount throughout the term of this Lease. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage with the first rent payment. 9: Landlord's Representations. In order to induce Tenant to enter into this Lease, Landlord covenants, represents and warrants, as of the date of this Lease and throughout its Term, as follows: 9.1 Authority. Landlord is solvent and the owner of the Property in fee simple. Landlord has full authority to execute, deliver, and perform this Lease and is not in default of any mortgage affecting this Property. The person signing this Lease has the authority to sign and bind the Landlord hereto. 9.2 No Condemnation. Landlord has received no actual or constructive notice of any condemnation or eminent domain proceedings or negotiations for the purchase of the Property, or any part, instead of condemnation. 9.3 No Unrecorded Liens. Landlord has not performed and has not caused to be performed any work on the Property during the six months preceding the date of this Lease which could give rise to any mechanic's or materialmen's liens. There are no unrecorded easements or agreements affecting the Property. 10: Easements. 10.1 Granted. For the Term of this Lease, Landlord grants Tenant the Access and Utility Easements, if any, described in Exhibits A or B of this Lease. 10.2 Modifications. If subsequent to the date of this Lease it is reasonably determined by Tenant that any Access or Utility Easement obtained does not or no longer adequately serves the Property and Tenant's use thereof, Landlord agrees to cooperate with Tenant to relocate such Easements where practical. In the event the Landlord is unable to relocate any of the necessary Easements, then at Tenant's option this Lease may be terminated upon the payment of rent for the remainder of the term or one year, 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, which consent shall not be unreasonably withheld, delayed, or conditioned; provided, however, that Tenant may assign or sublet its interest without Landlord's prior written consent to Sprint Corporation or any subsidiary, affiliate or successor legal entity of Tenant or Sprint Corporation or to any entity which acquires a majority ownership interest in Tenant or substantially all of its assets. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 17.1. 12: Defaults. 12.1 By Tenant. In the event of default under this Lease by Tenant, Landlord shall be entitled to remedies as shall then be provided by law, including but not limited to terminating this Lease, except that Landlord shall not be entitled to distrain any personal property (including 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 within the time period allowed hereunder, in addition to any other remedies available to Landlord, the Landlord may elect to commence eviction proceedings provided, however, Tenant shall be permitted to continue to occupy the Property for up to six (6) months from the date of Tenant's receipt of a notice of eviction until it can locate an alternative site. During such time as Tenant continues to occupy the Property, Tenant shall pay to Landlord 110% of the then current monthly Rent . Landlord acknowledges that due to the difficulty of relocating Tenant's equipment from the Property, Tenant's right to such additional six (6) month period is an integral part of this Lease, and due to the unique purpose of this Lease, Tenant's obligation to pay Rent during this period is a fair and reasonable estimate and compensation for Landlord's damages, if any, due to the difficulty of ascertaining any such damages. 12.2 By Landlord. If Landlord defaults in any of its obligations under this Lease, in addition to any remedies available at law or equity, Tenant may, at its option, upon providing written notice to Landlord, terminate this Lease or perform Landlord's obligation and may offset from the rent or any other amounts next payable, Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease, Tenant may defer payment of Rent including the first rent payment, during any period in which Landlord is in default in any of its obligations under this Lease, or has failed to provide or execute or cause to be provided or executed (a) any document reasonably necessary for Tenant's use of the Property in the manner contemplated, (b) any license, or (c) any documents reasonably necessary to obtain any title insurance or other necessary or desirable insurance or consent. As a condition precedent to the exercise of any of the aforementioned remedies, Tenant shall give to Landlord written notice of the default specifying the nature of the default and Landlord shall have thirty (30) days (or, if the default cannot be cured within thirty (30) days, a longer period as shall be necessary to cure the default, acting with due diligence), after the receipt of the notice within which to cure the default. 13: Condemnation. In the event of condemnation of a portion or all of the Property, Tenant may, upon notice to Landlord, terminate this Lease as of the date of the condemnation and shall have no further liability after such time. In the event of condemnation, Tenant's share of any condemnation award or proceeds from sale in lieu of condemnation shall be limited to compensation for Tenant's leasehold interest, antennae, improvements, transmission lines, loss of business and equipment, and Tenant's costs of relocation. Tenant shall not receive any part or portion of condemnation award or sales proceeds relating to compensation for property owned by the Landlord. 14: Casualty. In the event the Property is destroyed or damaged in whole or in part by casualty during the term of this lease then, at Tenant's option (exercised by notice to Landlord), this Lease may be terminated as of the date of the event or at any time within 90 days thereafter and no further Rent shall be due under the termination Section or any other Section of this Lease. 15: Quiet Enjoyment. Landlord covenants and agrees that upon payment by the Tenant of the rental under this Lease and upon the observance and performance of all the covenants, terms and conditions on Tenant' part to be observed and performed thereunder, Tenant shall be entitled to peaceably and quietly hold and enjoy the Property, the rights and privileges granted for the term demised without hindrance or interference by Landlord or any other person and Landlord shall perform all of its obligations under this Lease. 16: Subordination, Non -Disturbance and Attornment. 16.1 Existing Encumbrances. Within thirty (30) days after the execution of this Lease, Landlord shall deliver to Tenant executed originals of non -disturbance and attornment agreements in form satisfactory to Tenant, in Tenant's sole discretion, from any existing mortgage holder or other party holding an interest in the Property which may take precedence over Tenant's interest in the Property. Failure by the Landlord to deliver any required non -disturbance and attornment agreement shall entitle Tenant, at Tenant's option, to terminate this Lease at any time thereafter and to obtain a refund of all Rent and any other amounts paid to Landlord, and, in any case, Tenant shall have no obligation to pay Rent or other amounts under this Lease until Landlord delivers the executed non -disturbance and attornment agreement. 16.2 Subsequent Financing. As a condition of subordinating this Lease to mortgages or other financing instruments dated after the date of this Lease, the holder of any such mortgage or other financing instrument shall agree to enter into a non -disturbance and attornment agreement with Tenant, in a form reasonably satisfactory to Tenant. 17: Termination. 17.1 By Tenant. In addition to termination pursuant to other provisions of this Lease, Tenant may terminate this Lease: (a) at any time for any reason upon thirty (30) days written notice to Landlord and payment of six (6) months of the then current Rent, or (b) immediately, without payment of any rent not yet due following written notice to Landlord of either (i) Tenant's inability to secure necessary zoning and/or that Tenant has lost, been denied or failed to satisfy any necessary authorization or radio engineering criteria to use the Property as contemplated in this Lease, (ii) that Tenant having obtained a soil test, or other unfavorable environmental tests, which show contamination or building conditions which in Tenant's judgment are unsuitable for Tenant's purposes; or (iii) Tenant having obtained any other report or test results which, in Tenant's sole judgment, indicate that the Property is not suitable for Tenant's purposes. 17.2 By Landlord. Landlord may terminate this Agreement following a determination by a qualified engineer (using appropriate instruments which are properly calibrated) that the power density levels emitted from Tenant's equipment located on the Property exceed the American National Standards Institute's ("ANSI") "Safety Levels with Respect to Human Exposure to Radio Frequency Electronic Fields", as set forth in ANSI Standard C95.1-1982 (or any ANSI Standards which supersede this standard), at points accessible to and intended for the general public and the inability of Tenant to bring its equipment into compliance with such standard within sixty (60) days after receipt of a written copy of Landlord's engineering findings. 17.3 Removal of Equipment. Upon the expiration of this Lease, or its earlier termination or cancellation for any reason, Tenant shall at its sole expense remove from the Property all of its antennae, antenna structures, equipment enclosures, transmitting and receiving equipment, transmitting lines, underground wiring, fencing, sidewalks and foundations, other personal property, fixtures and other improvements, except that the concrete monopole caisson foundation need only be removed two feet (2') below grade. Tenant shall be required to remove its access road beyond Landlord's access unless another tenant of Landlord is utilizing said road, in which case Tenant shall not be required to remove any portion of the access road. Tenant shall have up to ninety (90) days after the effective date of the expiration, termination, cancellation to complete removal of all items. If Tenant requires any of the ninety (90) day period after the effective date for the removal, Tenant shall pay Landlord the then current monthly rent (or in the case of annual rental one -twelfth of the annual rental) in advance for each thirty (30) day period or portion thereof Tenant requires to complete the removal. 18: Cooperation. Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Property as contemplated in this Lease, including, but not limited to, zoning, building, FAA and FCC permits, and to join in and execute within ten (10) days of Tenant's written request, any application or other document required of Tenant by a third party in order for Tenant to use the Property as contemplated in the Lease. During the term of this Lease Landlord shall take no action which adversely affects the uses permitted to be conducted by Tenant on the Property. At any time after the date of this Lease or the Commencement Date, either party shall execute or cause to be executed any documents, or take or cause to be taken any actions, reasonably necessary to carry out the intent of this Lease. 19: Lease Construction. This Lease shall be construed in accordance with the laws of the State of where the Property is located. In the event that any provisions of this Lease are legally unenforceable, the other provisions shall remain in effect. 20: Entire Binding Understanding; No Oral Modification. All prior understandings and agreements between the parties related to the subject matter hereof are superseded by and replaced with this Lease, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. Presentation of this lease by Tenant to Landlord shall not constitute an offer unless the Lease has been signed by Tenant, and this Lease shall not be binding until executed by both Landlord and Tenant. 21: Successors; Separability. Subject to the provisions regarding assignment hereunder, this Lease shall be binding upon, and inure to the benefit of, the successors -in -interest and permitted assigns or subtenants of the parties and any grantee of Landlord. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 22: Notices. All notices, requests and other writings required under this Lease (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party with copies as set out in the Landlord's Address and Tenant's Address (or any other address within the United States that the party to be notified may have designated to the sender by like notice). 23: Performance. Time is of the essence in this Lease. 24: Broadcast Interference. 24.1 Definition. As used in this Lease, "interference" with a broadcasting activity means: (A) Interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association (EIA) and the rules and regulations of the Federal Communications Commission (FCC) then in effect, or (B) A material impairment of the quality of either sound or picture signals on a broadcasting activity as may be defined by the FCC at any hour during the period of operation of activity, as compared with that which would be obtained if no other broadcaster were broadcasting from the Property or had any equipment on the Property. 24.2 Interference. (A) Tenant shall operate the Tenant Facilities in a manner that will not cause physical, mechanical, radio frequency or signal interference to Landlord and other tenants or licensees of the Property, provided that their installation predates the execution of this Agreement. All operations by Tenant shall be in compliance with all federal Communication Commission ("FCC") requirements. (B) Subsequent to the installation of the Tenant Facilities, Landlord shall not permit itself, its tenants or licensees to install new equipment on the Property if such equipment is likely to cause physical, mechanical, radio frequency or signal interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord. In the event such interference occurs, Landlord agrees to take all reasonable steps necessary to eliminate such interference in a reasonable time period. Landlord shall have the right to install equipment that is in compliance with all FCC standards and regulations. (C) Should Landlord or citizens thereof claim interference with their existing residential uses due to Tenant Facilities, Tenant shall, at its sole cost and expense, cooperate with Landlord to determine if Tenant Facilities are the source of such claimed interference. Such cooperation shall include but not be limited to intermodulation studies. Should it be determined by such studies that such interference is directly attributable solely to the operations of the Tenant facilities on the Property, Tenant, at its sole cost and expense, shall use its best efforts in taking measures to modify the Tenant Facilities in order to mitigate such interference to Landlord's reasonable satisfaction. (D) Notwithstanding anything to the contrary contained in the foregoing, if any interference caused by Tenant's Facilities or caused by Landlord's or Landlord's tenants activities cannot after reasonable efforts, under the terms of this Section, be eliminated, then Tenant shall be permitted to terminate this Lease and neither party hereto shall have any rights against the other except that Tenant shall remove its equipment as required herein and shall leave the Property as required by the Lease upon termination thereof. 25: Environmental Matters. 25.1 Definition. For purposes of this Lease: (A) "Applicable Environmental Laws" includes the Comprehensive Environmental Response Compensation, and Liability Act, any so called "Superfund" or "Superlien" law, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (B) "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as that term is defined in Applicable Environmental Laws. 25.2 No Hazardous Material. Neither Landlord nor, to the best knowledge of Landlord, any other person has ever cause or permitted any Hazardous Material to be placed, held, located or disposed of on, under or at the Property or any part thereof nor has any part thereof ever been used by Landlord, or to the best knowledge of Landlord, by any other person either as a permanent or temporary dump site or storage site for any Hazardous Material. 25.3 Tenant's Indemnity. Tenant indemnifies Landlord and agrees to hold Landlord harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, including attorneys' fees and any penalties, incurred or suffered by or asserted against Landlord for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, or any Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws) caused by or in the control of Tenant. 25.4 Landlord's Indemnity. In all other cases, Landlord indemnifies the Tenant and agrees to hold Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, including attorneys' fees and any penalties, incurred or suffered by or asserted against Tenant for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws). 25.5 Survival. The provisions of any undertakings and indemnifications set out in this Section shall survive the termination of this Lease. 26: 911 Surcharge. The Village of Elk Grove is considering the adoption of an ordinance of general applicability requiring all wireless telephone providers to assess a surcharge for 911 purposes upon customers within the corporate limits of the Village. By executing this lease, SprintCom agrees to abide by the terms and conditions of this ordinance of general applicability. It is understood by the parties that the 911 surcharge will not be required of SprintCom unless the surcharge is applicable to all wireless telephone carriers providing service within the corporate limits of Elk Grove Village. AGREED as of the later of the two dates below: 1EIS1 : d5."� & M/6� James G. Meyers Area Manager 9801 W. HIGGINS RD. Rosemont, IL 60018 LANDLORD TENANT Village of Elk Grove Village, SprintCom, Inc., an Illinoisunicipal Corporation a i�ansas c ation Y ;01 /i� By: Name: Craig B. Johnson Name: Title: Village President Title: Date: June 23, 1998 Date: EXIIIBIT "A" DESCRIPTION OF PROPERTY Exhibit "A" to the Lease dated , 1998, between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation, as Landlord, and SPRINTCOM, INC., a Kansas corporation, as Tenant. State: Illinois County: Cook City: Village of Elk Grove Village Description: as follows: Tenant is authorized to insert legal from the Title Commitment which is to be ordered by Tenant, and to insert the legal upon receipt of same Title Report. SEE ATTACHED EXHIBIT "A" Common address: 1141 Hawthorne Lane Elk Grove Village, IL PIN No: 08-31-405-004 Land rd: Date: June 23, 1998 EXHIBIT "B" DESCRIPTION OF PREMISES Exhibit "B" to the Lease dated , 1998 between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation as Landlord, and SPRINTCOM, INC., a Kansas corporation as Tenant. 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