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HomeMy WebLinkAboutRESOLUTION - 48-06 - 11/14/2006 - GROUND LEASE AGRMTRESOLUTION NO. 48-06 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND T -MOBILE CENTRAL LLC (901 WELLINGTON) NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 Mayor be and is hereby authorized to sign the attached documents marked: GROUND 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 Mayor. 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 14tb day of November 2006 APPROVED this 14th day of November 2006 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk Groundl.easeAgmffMobile9Ol Wellington. GROUND LEASE AGREEMENT 1: Definitions of Terms Used in this Document: 1.1 Landlord's Contact Penson 1.10 aro dy Village Manager Landlord is the owner of Village of Elk Grove Village certain real property (the "Land'l 901 Wellington with the common address of Elk Grove Village, IL 60007 901 Wellington Avenue, (847) 357-4010 Elk Grove, Illinois, 60007 The Land is legally described in Exlubit A. 1.2 and rd Village of Elk Grove Village 901 Wellington Ave. Elk Grove Village, D. 60007 1.11 Plemises Landlord hereby leases to and Tenant 13 Name and Address for ftmo of Rent leases from Landlord, approximately Village of Elk Grove Village 400 square feet of Lend 901 Wellington Avenue and all access and utility easements, Elk Grove Village, IL 60007 (the "Premises") as described in Exhibit B Atte Finance Dept. to this Lease IA jumnip E9998-1017-02 1.5 EMRM Identification Number 1.12 Lease This Grand Lease Agreement including Exhibits A and B. 1.13Tenant 1.6 Commencement Date T -Mobile Cc" LLC c/o T Mobile USA, Inc. Beginning of Conshuctien 12920 SE 38° Strcet Bellevue, WA 98006 Atte PCS Lease Administrator With a copy to: Attu: Legal Dept. 1.7 Terni 1.14 Tenaut'a Contact Parson Five (5) years (Same) 1.8 Initial Rent m mnally $27,000.00 or 1.15 Tenant's Address monft $ 2,250.00 (fie) 1.9 his Fahr (4) Irm (5) year terms as described in section 22. With a copy to: T Mobile Central LLC 8550 W. Bryn Mawr Avenue, Suite 100 Chicago, IL 60631 Attn: Lease Administration Manager 2: Term and Options to Extend 2.1 Initially. The term of this Lease shall be for five (5) years and terminating on the fifth anniversary of the Commencement Date. (de "Term''), unless otherwise terminated as provided in Paragraph 18. 2.2 Option to Extend. The term of this Lease shall be automatically renewable for a total of fan (4) five (5) year terms ("Renewal Terms') each following the original tam or any renewable tam at the around rental stated below and otherwise upon du sane trams and conditions stated in this Lease. N Tenant desires not to extend any subsequent term of the Lease $ shall give Landlord written notice of its intention not to extend the team at least sixty (60) days prior to the expiration of the thea current term whaeupna the Lease shall be deemed canceled upon the expuaton of the ten current tam 2.3 Rent Daring Extension Terms. (A) Renu shall be increased on each anniversary of the Commencement Date by an amount equal to fan percent (40A) of the rpt for the previous year. (B) On or before the Commencement Date, Tenant shall deposit with Landlord the sun of $5,000.00 (the "Security Deposit'). Said Security deposit shall be held by Landlord as security for the faithful paiamance by Tenant of de tams, covenants and conditions of this Lease. If Tenant defanfls under this Lease, which defanht is not orad by Tenant as provided in Paragraph 13, Landlord may use, apply or retain all or a part of this Security Deposit to compensate Landlord for any actual loss, damage or expense incurred or suffered by Landlord by reason of Tenant's incurred defaait 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 Ioss damage or expense for which Landlord soak compensation from to Secmity Deposit Such notice and documentation shall be paovided by Landlord to Tenant within thirty (30) days after the data of the occurrence which gives rise to Landlord's claimed loss, damage or expeasa 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 aeardanco 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 Socur* Deposit to Tenant or Tenant's assignee within forty-five (45) days after the date of expiration or [amination of this Lease. (C) The ram and the natural incremental increases thereof; shall be subject to renegotiating by the parties on the fifteenth (15th) anniversary of the Commencement Date, provided the Lease is so mdended. In the event the partes am unable to agree upas new taus within thirty (30) days after the fifteenth (15th) anniversary, than this Lease shall terminate ane hundred twenty (120) days thereafter. In no event shall any new rent be less tun the then current rental. (D) Payment of Signing Bans. Not later that Thirty (30) days after the Commencement Date, Tenant Ball pay Landlord a onatma bonus payment of Ton Thousand Dollars ($10,000.00), which shall be in additionto any Rent due hereunder. STANDARD PROVISIONS 3: Additional Yearly Terms. Intentionally delated 4: Methods of Payment 4.1 Rent Abatement Landlord agrees to reimburse Tenant for Tenant's cost ("Cost') associated with the removal, disposal, and related expenses associated with the replacement of Old Tower (defined below) and the construction, installation and related espouses associated with the New Tower (defined below). Said reimbursement shall be in the form of Rent abatement ("Rent Abatement") beginning on the Commencement Date with such Rent Abatement continuing until Tenant has been completely reimbursed for ifs Cost. Tenant agrees to provide Landlord with an itemized breakdown ofthe Cost, supported by written invoice, within thirty (30) days of the New Tower's construction completion date. NotwiWsmndiog anything to the contrary contained herein, as ofthe date ofthis Lease, the estimated Cost is: One Hundred eighty-six Thousand five Hundred Eighty and 00/100 Dollars (8186,580.00), and is delineated in attached Exhibit C. However, notwidisfandmg the foregoing estimate, actual Cost shall be determined by final construction invoices. 4.2 Tower Ownership. Landlord and Tenant acknowledge do existence of an approximately 110' latdce tower currently onthe Land ("Old Tower"). Tenant agrees to remove and arrange for the disposal of the Old Tower, along with the removal of Landlord's equipment currently located on One Old Tower. Tenant shall construct a lattice tows, at a beight of approximately 120' ("Naw Tower") to replace Ore Old Tower. Tenant agrees to reinstall Landlord's equipment on the Now Tower, the expense ofwhich shall be deemed apart of Cost landlord agrees to waive any liability Tenant may have for damage to Landlord's equipment or theperfamence ofIandlad'a egnipment after installation, unless said damage or lack of performance is due to Tenant's negligence or intentional misconduct. Upon completion ofthe New Tower, Tenant shall Ivey to Landlord all rights, ownership, and interest in dro New Tower through a Bffi of Sale five and clear of all liens andenam>bsauces. All r*bts, obligations and liabilities to tura New Tower as of the date of title transfer shall become *0 responstbi7dy ofIandlord. Notwithstanding anything to the contrary herein, Tenants Facilities shall not be deemed to be permanently attached as fixtures and shall rensain the personal property ofthe Tenant. 4.3 First Rent Payment Not later don Fourteen (14) days after the last monthly Red Abatement, Tenant shall pay Landlord rent for the Stat two (2) full calendar months of the remaining applicable Tam. 4.4 Subsequent Monthly Rent Payments. Effective with &a fist (1st) day of the third (3rd) calendar month of said Tem rent shall be payable monthly in advance on the first (1st) day of each calendar month. Rent for any fischonal month at the beginning or at the end of the Tam or Renewal Term shall be prorated - 4.5 Location for Payment All rent shall be paid to Landlord at the Address for Payment of Rent or to another person, form or place which the Landlord may fi+om time to tam designate in writing at least fixty�fiva(45) days in advance ofarent 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 Hiles and governmental regulations, and such use shall not interfere with Landlord's use of the Property (Le, if Tenant Is making improvements to the Property, Tenant cannot place equipment or materials in such a manner as to block Landlord's go=). Landlord agrees to cooperate with Tenant, at Tenant's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. Tenant's use of jr- x 20' lease parcel of land shall be exclusive. Tenant's use of the Tower shall be nonexclusive and will not prohibit use by other telecommunications companies or agencies so long as such offier telocommumicsbons equipment do no unreasonably interfere wid, the use of Tenant's facilities; as reasonably determined by the Elk Grove Village Department of &mginoering and Community Development, it being understood that it is the Villages desire to have co -looted facilities. 6: Tenant's Installation. 6.1 Improvements. Tenant has &a right to erect, maintain and operate on tha Premises radio Co®micedans lacildies, including without limitation an antenna structore, anterase, electronic equga nent, air conditioned equgrment sbehar, otiher personal property, fi oturm cables, traastrrlaaion Imes, utilities lints and make any other improvements ("Tenant's Facli lcs" , given Tenant has obtained a building permit from Village of Elk Grove Village. Tenant may fiom time to dw replace any of these items wi9m now or different it= with fila same or diffamt specifications so long as their installation is atlawise in compliance with thts Lease and applicable laws, ordinances and codes. A building permit shall be mill ed for such items, provided a building permit is required by applicable law, ordinance or code. Tenses installation slat not imerfao wish Landlord's use ofthe Property. 62 Workmamllim Construction. Tenant agrees that the installation shall be completed in a neat, worionzabloa mamma consistant with good engineering practices. All costs of the installation, including, but not limited to, the cost of extending Landlord's alactrical service to Tenant's equipment, will be paid by the Tenant 63 Title to Various Items. Landlord shall, at all timer, be the sob and each" owner of the Property. The Tenant shall at all tunas be time sole and exclusive owe of Tenant's Faclitier. All ofTemaot's Facilities shall remain Tenant's personal property and are not &M'm . 6A UdWes. Tenant shall pay for the electricity it conuana in its operations at a rate charged by the servicing utility company. Tenant shall have the right to draw electricity and.offier Utilities from rho existing utilities on the Property or obtain separate utility service from any utility company drat Will provide smvwo to the Property (including a standby power generatcr for Tenant's exclusive ase Landlord agrees to sign such docum Its or easements as may be required by add utility company to provide such service to the Premises, including 6e grant to Tenant or to rho servicing utility company at no cost to the Tenant, of an easement in, over across or thoogb the Land as requirod by such servicing utility company to provide utility services as providedheeim. 7: Tam 7.1 Tenant doll be solely responsible for and shall finely pay all personal pwarlytmam levied and assessed against it or its personal property. Tenant sball not be responsible for any real estate,special ash or similar taxes relating to the property except to the extent pean ded.by statute for the value of Tenant's leasehold estate. 72 Tenant hereby adbowledges, and agroer to abide by, the terms of the Village of Elm Grove Village a S% Simplified Municipal TalecemOm ucatiens Tea (Visage Ordinance Number 29601 generally applicable to an provides of telecommunications services in Elk Grove Village. 8: Indemnification. Landlord and Tenant hereby agree to iademato, defend and hold each octanharmless from and against any claim of liability or loss from personal injury or p gmty damage in connection with the Property or resulting from or arising out of the use and occapaony of the Property by the ind=nifyimg party or its agents, excepting, however, such claims or damages as may be due to or caused by the ads of We 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 entice of such claim or loss. 9. Insurance. During the Terni and Renewal Term of this Lease, Tenant shall carry and maintain commercial general liability Mona a, naming the Landlord as additional unserved, rowing against Imbr7lty for injury to persons or property occurring in or about the property or arising out of the ownership, maintenance, use or occupancy tteroot Coverage under such policy shall not be less than $1,000,00000 per occurrence for personal injuries and not less than $50,000.00 per occurrence for property damagem In addition, Tenant shall curry and maintain worker's compensation insurance in the statutory amount throughout the tam of this Lease. Tem shall provide Landlord with a artificate of insurance evidencing an& coverage required by ibis paragraph within fiteen (15) days ofthe Commencement Date, 10. Landlord's Representations In order to induce Tenant to eater roto Otis Lease, Landlord covenants, represents and warrants, as of One data ofthis Lease and throughout its Tam, as follows: 10.1 Authority. Landlord is solvent and the owner of the Property in fee simple. Landlord has full atAharity to execute, deliver, and perform this Lease and is not in default of any mortgage of wft this Property. 102 No Condemnation. Landlord has received no actual or constructive notice of say condemnation or aninaot domain proceedings or negotiations for the purchase of the Property, or any part, instead of condemnation. 103 No Unrecorded Liens. Landlord has not F&rmed and has not caused to be performed any work an the property during to six months preceding to date of this Lesser wbidh could give rise to any mochadesormausialman'shens. lb= am no unreoraded casements or agreements affecting the Property 11: Easements 11.1 granted. For uta Term and Renewal Terms of this Lease, Landlord grmts to Tenant, and its agenta, ernployees, cor>tiadas, guests and invitees, a ruin-eirolosm rigid and easement for pedestrian and vehiertar ingress and egress across that portion of the Lend described in Exhibit B. Tenant and its authorized reproves shall have to right of ingress and egress to and from the Property twenty -fora (24) haus a day, seven (7) days aweek, at no c>uerge. 112 Modifications N subsequent to the date of this lease it is reasonably determined by Tenant that any access or utility easement obtained aces not or no longe adequately saves to property and Tenant's use thae4 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 Basements, tun at Tenant's option this Leaser may be terminated upon thirty (30) days' prior written notice to Landlord. 12: Assignment. Tenant may not assign, or otherwise transfer all or any part of its iotarest in the Lease or in &a Property without the prig writer consent of Landlord; provided, however, that Tenant may assign or sublet its MUM wtlhont cement to its parent company, any subsidiary or affiliate of it or its parent many or to nay suaassor-in-interest or an affiliated entity controlled, subject to any financing entity's interest, if any, in this Lease as act forth in Section 27 below. Landlord may assign this Lease upon writer notice to Tenant, subject to the assignee assuring all of Landlord's obligations hetam, including but not limited to, time nut fats is Seaton 27 below. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgaM pledge, hypothecate or otherwise transfer without consent uta lowest in this Lease to any financing entity, or agent on behalf of any financing entity to whoa Tenant (i) has obligations for borrowed money at in rasped of guaranties thereof; (n) Has obligations evidenced by bonds, debentures, notes, or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and simile facilities or in respect of guaranties thereof 13: Defaults. 13.1 By Tenant. In the event of default under this Lease by Tenant, Landlord shall be entitled to remedies as shall than be provided by law except that Landlord shall not be entitled to remove any Personal property (including fixtures) on the property; and provided that prior to, and as a condition precedent to, the ereroise 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, such additional time as granted by Landlord at Test's request ), after script of the notice within which to cue the defaardt, doing which period on remedy shall be pursued. If Tenant fails to an a defailt, in addition to any other remedies available to Landlord, the Landlord may elect to commence eviction procxediags provided, however Tenant shall be permitted a six month i xmonth stay from receipt of a notice of evasion at 110%oftu than anent monthly rent to Sad an alternative site. 132 By Landlord. If Imdlord defaohs in any of its obligation ander this Lease, in addition to any remedies available at law or equity, Tenant may perform landlord's obligation and may of et from the rot or any other amounts nerd payable Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease, Tenant may defier payment of Rent incladiog tiro first rent payment, doing any period m which Landlord is in default in any of its obligations under Ads L has fazed 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 cautrmplabad, (b) any lionise, or (c) any doc r sent reasonably rosary to obtain army title insurance or other necessary or desirable insurance or consent. Notwitbstr a ft the f agoing, m the event of a default under tots Lease, Tenant shall give to Landlord written notice of to default sped* mg the nature of the default and Landlord shall have tinny (30) days (a, if to default cannot be cued within thirty (30) days, a longer period as shall be necessary to cera the defuu% acting with doe diligence), after &a receipt of die notice within which to cure the default. If Landlord fails to cue a defaA in addition to any other remedies available to Tenant, the Tenant may elect to cancel thisL.eas& 14: Condemnation. In the event of condemnation, Tenet's share of any condemnation award or proceeds five sale In Ron of condemnation shall be limited to compensation for Tenant's leasehold interest, antennae, hnprovemems, transmission lines, loss of business and equipment, and Tenet's costs of relocation. Tenant shall not receive any Part or potion of condemnation award or sales proceeds relating to compensation for property owned by the Lmdlord. 1S: Casualty. In the event the property is destroyed or damaged in whole or in part by casually during the Term or Renewal Terms of this Lem then, at Tenant's option (exercised by notice to landlord), this Lease may be terminated as of &a date of the event or at any time within 90 days thereafter and no Anther rant shall be due under the teinination section or any other section of this Lease. 16: QuietEajoyment. Landlord covenants and agrees tut upon payment by the Tenant of die rental under this LA= and upon the obsevamx and perimmanoe of all the covenants, terms and conditions on Tenant's part to be observed and perfumed, Tenant shall peaceably and quietly bald and enjoy the property, the rlghta, and Pxivilegee granted for the tam demised without hm&a= or hhtertwera a by Landlord or any other person and Landlord shall perform all of its obligations under this Lease. 17: Subordination, Non -Disturbance and Attornnent. 17.1 Existing Encumbrances. Within thirty (30) days atter the execution of this Lease, Landlord shall deliver to Tenant wwmftd original of non -disturbance and attomment agreements with Tenant in form setsf story to Tonant, in Tenant's sole discretion, from any existing mortgage bolder or other party holding an interest in &a Property which may taker innedenee over Tenant's interest in the Property. Failure by tea Landlord to deliver any regahad nondistuhbance and Waimnent agromient shall entitle Tenant, at Tenant's option, to terminate this Lease at my time therea8er and to obtain a refund of all teat and any other amounts paid to Landlord, and, in any case, Tenant shall have no obligation to pay rest or ober anoumts under t o Lonna until Landlord delivers the axacnted nondislmfisnoe and attommort agrees>est. 172 Subsequent Fhmeln& Tenant shall enter into recordable subordination, non- disturbance anti atoroosmt agreements with the holders of any mortgage, trust deed, installment sale contract or other financing inst amant dated after the data of this Lease, if the agreements are in form satisfactory to Tenant 18: Termination. 18.1 By Tenant In addition to teimmation as a result of action or inac tim pursuant to other pmts of this Lease, Tenant may terminate this Loaner (a) at any time for any reason upon thirty (30) days written notice to landlord and payment of six (6) months rental, on (b) immediately, withoid payment of any rent not yet due following whiten notice to Landlord of either (i) Tenant's inability to secore aecesvmy zoning and/or Tenant has lost, been denied or fidled to satisfy any necessary indkorizoGen or radio engineering critmia to use the Property as contemplated in this Leave, or (h) Tenant's having obtained a soil test wbkh shows caotmaioatim or building conditions which in Tenant's judgment are unsuitable for Tenant's purposes, or (tilt) by Tenant if Tenant is unable to ocwpy andwilme the Premises due to an action ofthe FOC, including without limitation, a take back of channels or change in fivquencies. However, Tenant may not exercise termination under ILI(a) during txi perind of Rent Abatement described in Section 4.1 of this Lease If the Tenant tem this agreement during the period of Rot Abatement, tie Landlord will not be responsible for anyCost renobmsementtotheTenant firconstruction costs setfin hinSection4.1. 182 By Landlord. Landlord may tammata this Lease following a deOemainetan by a qualified engineer (using aI I I im inserts which aha properly calibrated) tat the power density levels emitted fiom Tout's equipment located an the Property ioweed &e American National Standards Issttrta's ("ANSI") "Satiety Levels with Respect to Haman Exposure to Radio Frequency F.lectomic Fields", as act lath in ANSI Standard 095.1-1982 (or any ANSI Standards which supersede this standard), at points accessible to and intended for rho genual public and this ihabr'Wy of Tenant to bring its egaiprment into compliance with such standard 'within shay (60) days ater receipt of a written oopy of Landlord's engineering findion 18.3 Removal of Equipment Upon the expiration of this Lease, or its earlier tornihimion or cancellation for any reavam, Tenant shall at its sola expose remove flan the Property all of its amt®ae, antenna MICtUrak equipment enclosures, transmitting and raceivm8 ogmpmco4 transmitting lines, underground wiring, fa»cmg, sidewalks and foundations, other personal property, fixtures and other improvements. Tenant shall have up to ninety (90) days aft the effective data of the expiration, termination, and canceilatian to aomilift removal of all items. if Teomt regahas additional tine alar the ninety (90) day period for the removal, Tenant shall pay Landlord the than current monthly rot (or in do case ofammal rental onoiwalth of 6e woml rental) in advance for each thirty (30) day period or porton thereof Tenant regafias to oemplata the mmonL Landlord shell have the right but not the obligation to remove any equipment not removed by Tenant during said removal period and charge Tenant with the cost of said removal. 19: Cooperation. Landlord agues to cooperate with Tenant in any efforts by Tenant to secure airy governmental permits necessary to use rho Properly as oontennplatad inthis Lease, and to join in any application or other document reasonably requested by Tenant within ten (10) days of Tenant's written request. luring the Term or Renewal Term of this Lease Landlord shall farce no action which adversely dracts the uses permitted on the Property. At any time after &a data of this Lease or the Commencement Date, cidher party shall execute or cause to be ercauted any documents, or take or cause to be takes any actions, reasonably necessary to carry out the intent of this Lease. 20: Leon Construction. This Lease shall be construed in aawrdance with the laws of the State of where the Property is locstA In the event that any provisions of this Lease are legally umenf sceabla, the outer provisions shall remain inefi'ect. 21: Bntire Binding Understanding; No Oral Modification. Ali prior understandhtgs and agreements between the parties are merged into this lease, and this law may not be modified orally or in any manner other than by an agreement in writing signed by b>od' parties. Prem of this Lease by Tenent to Landlord shall not const an ofLfr unless the Lease has been signed by Tenant, and this Leaso shall not be binding until executed by both Landlord and TennL 22: Successors; Separability. Subject to the provisions regarding assignment, this Lease shall be binding upon, and inure to the bonefit of; &a sur eraio-irtereaz and permitted assigns or subtanants of the parties and any gmace of Landlord. 23: Notices. Alf notices, requests and other writings required under this Lease (including any aticas of renewal, or tonninaticia rigits) must be in writing and shall be deemed validly given upon the earlier of (i) actual rewipt or (h) the second bushic s day after the data posted ff sent by certified rail, return receipt requested, addressed to the Muer party with copies as ad out in the Lndford's Address and Tenant's Address (or any other address withta die United States am 11b parry to be notified may have designated to the sender by him notice). 24: Performance. Time is of the essence in this Lease. 25: Broadcast Interference. 25.1 Definition. As used in this Lease, "interference with a broadcasting activity means: (A) Interference wi9uia the meaning of ire provisions of tla recommended practices of the Electronics Industries Association (EIA) and the rules and regulations of &a Federal Commmkadm Commission (FCC) then in effock or (B) A material impairment of the quality of eider 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 did *M would be obtained if no other broadcaster were broadcasting fiom the Property or had any equipment on *a Property. 25.2 Interference. (A) Tenant shall operate Tenant Facilities in a manner that shall not cause physical, mechanical, radio fiequemy or signal ioterferenco to Ledford and other tenants or liaonsees of the Property. All operations by Tenant shall be in compliance with all Federal Communication Commission ("FCCj 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 ff such equipment is lonely to cause physical, mechanical, radio frequency or signal interference with Tenant's operations. Such ioterfaence shall be deemed a material broach by Landlord. In the event iuterferenoe 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 FOC standards and regulations. (C) Should Landlord or cknns thereof chum interference with their existing residential uses due to Tenant Facilities, Tenant stall, at its sole cost and expanse, cooperate wi& Landlord to determine if Tenant Facilities are the source of such claimed interference. Such cooperation shall include bort not be limited to mtamoduhrtin studies. Should it be determined by such studies that such ioterkence is directly attributable solely to the operations of the Two Facilities on the property, Tenaot, at its sole cost and expense, shall use its best efiiris in taking measures to modify the Tenant Facilities in order to mitigate such interference to Landlord's reasonable satisfaction. 26: Environmental Matters. 26.1 Deflnition. For purposes ofthis Lease. (A) "Applicable 1$vironmeotal Laws" includes the Compsehensivc Bnvir�ntal Response, Coon, and Liability Act, any so called "Saper5m8' or "Saperlfen" law, of 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 wasto, substance or materiel, as now or at my time hereaft in effect. (B) "Hazardous Material" includes any hazardous,, toxic or dangerous wester, subsiOce or material as dud term is defined hi Applicable i ovhom>anml Laws. 26.2 No Hazardous Material. Neither the Landlord nor, to the bent knowledge of Landlord, any other person has ever caused or permitted any Hazardous Material to be placed, hold, located or disposed of on. under or at the property or any pmt thereof nor any part thereof has over been used by the Landlord, or to the best knowledge of die Landllord, by any other person either as a permanent or temporary domp sift or storage site fon any Hazardous Material. 26.3 Tenant's Indemnity. Tenant iademi ifies din landlord and agrees to hold the landlord harmless from and against any and all losses, liabilities, damages, injuries, costs, axpnses and claims of any and every kind whatsoever paid, inurred at suffered by or asserted against Landlord for, with reaped to, err as a direct or indktct result of, the presence on or under, or the escape, seepage, leakage, eprllage, discharge, omission, dischargia8 or release form tha Property or into or upon any land, the atmosphere, or any watacause, body of ureter or wetland, of any Hazardous Material (including, without limkdion, any losses. liabilities, damages, ir#ur costs, expmsea or clamis asserted or arising under applicable anvoranental Laws) caused by or m the control ofTenant 26A Landlord's Indemnity. In all other cases, Landlord indamoifiea &a Tenant and agrees to hold dna Tanana harmless from and against any and all losses, liabilities, damsges, Wuries, costs, expenses and claims of my and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for. with rasped to, or as a direct or Indirect result og the preapoce an or undw, or the escam seepage, leakage, spMage. discharge, emission, discharging or release from die Property or into or upon any land, 60 atmosphere,or any watercourse, body of water or wetland, of any Hazm+dns Material (including, without limitation, any losses, liabilities, damages, injuries, costs, ex� or claims asserted or arising under Applicable B avironmaatal Laws). 26.5 survival. Tie provisions of and undertakings and indemnification set out in this Section shall survive the termination ofthis l.ease. 27. Waiver of I®ndlord's Lien. (a) Landlord waives any ban rights it may have concerning le Tend Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove fila same at any time without Lmtdlo s consent. (b) Landlord acknowledges that Tenant may enter mto a financing arrangement including promissory nates and financial and sectrlly agreement for the financing of tie Tenant Facilities (tba "CoDsteran witi< a tirtrd batty fmencmg unity (and may m rho intone enter into additional financing arrengmuts wif odker &mcmg eames). in connection ftrewith, Landlord (i) consents to the installation of the Collateral, (p) disclaims any interest in the Collateral, as fixtures or otherwise; and (ib) agrees that the Collateral shag be exempt from muccution, firoelosrre, sale, IM, attachment, or distress for airy Rent due or to become dao andibat such Coilataelmay beremoved at any time without recourse to kgalproceedings. AGREED as of ft later oflhe two dates below: LANDLORD Village of Elk (trove Village, T4AobBe Central LLC an Illinois Municipal Caapomtion By: Craig B. Johnson By. Name Craig B. Johnson Name: Title: Mayor Title: Datm November 14, 2006 2006 Date: EXU[ITT "A" Exhibit W to the Lease dated November. 2006, between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation, as Landlord, and T -Mobile Central LLC, as Tenant The Land is described and/or depicted as follows: The part of the Sores Quarter of the Northwest Quarter lying East of the East line of Wellington Avenue as dedicated in Elf Grove Village Section 15, being a Subdivision in Section 2, Township 41 North, Range 11, East of the Third principal Meridian, in Cook County, Illinois. Common address: 901 WellingtonAve, ElkGrove, EL 60007 PIN No: 08-32-103-030 DESCRIPTION OF PREMISES Exhibit "B" to the Lease dated November. 2006 between the VEU AGE OF ELK GROVE VILLAGE, an Illinois municipal corporation as Landlord, and T -Mobile Central LLC, as Tenant. The Premises are described and/or depicted as attached hereto. See attached plans. [!Xl n1floilill: a 4 !R 6Ex J 1 €Y dE ��� Ij���6 gad R$t a if 1 '14 a 6d IE5° It fi $ If $ R 7 lI@ �`4p E �; ! frill age fit €ll e. a I[gill 4 @ a• e -a 10 111111 1554 4 111al §�' ; FR � �,is J 7� ;e4 �� iF lo a IL rt 3 3 3A � all 'wB-eBBB E ! U id, 3R 3�8$ U ilk • �� a £ � � � Y L ya• • w c 4 ��°E: 96s �QQQQQ@Q@4�33;i3R3� <4<4442Ip 5 :_ ge �a� gg gg 4 t t Ew4 !� � A i� 4 = d a < g s � .+ d d 4 d d K 4 Vii a d Q i � i ga Y3i .. . - . ..1 _ . . ... ... .1 ._ i tic I, Ep k N ♦ W a� Y L ' 1 FaJJ■■ p{k l RR do R it's ; s� s � Q Dej Elk a Is all air i ! k 5 � R£ liltl ERR.IN R ��k• R411 H R i� . � RS�i: � S kill -gg �BR� t : g� dRj$ 4�6F � 4 Egi $�8 � d gg 1�� 4t r 14 O 'F O 1` Y P a INS iRaBs�d t t it Willi , �Il�lllllfh� ',' t ppiN E EES g f$! Sk X31gi ( a a B < d d a r< d: s � t a d ri aMIT "C" DESCRIPTION OF PREMISES Exbibit 'C' to the Lease dated November_____., 2006 betwee► the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation as Landlord, and T Mobilo Central LLC, as Tenant. The estimated Cost of the New Tower are descrihed as follows: • Removal of existing lattice tower (note: $ 29,480.00 existing tower pad to remain) • Cost of New Tower (120') $ 31,200.00 • Cost to Install New Tourer $ 48,510.00 • Cost to install 30' x 8' asphalt access $ 8,580.00 • Cost of restoration, gravel and cleanup $ 8,910.00 of Property • Cost of Temporary tower $59,500.00 'DOTAL COST: $186;580.00 • the estimated cost shall not be deemed conclusive.