HomeMy WebLinkAboutORDINANCE - 2469 - 2/27/1996 - SPECIAL USE/PRATT E OF TONNEORDINANCE NO. 2469
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PCS PRIMECO, INC.
TO PERMIT THE PLACEMENT OF RADIO COMMUNICATION ANTENNAS ON
A WATER TOWER AND THE CONSTRUCTION OF AN EQUIPMENT CABINET
ON PROPERTY LOCATED ON PRATT AVENUE EAST OF TONNE ROAD
IN ELK GROVE VILLAGE. ILLINOIS
WHEREAS, the Plan Commission of the Village of Elk Grove Village at a public
meeting duly called and held considered the petition of PCS Primeco, Inc. for a
Special Use Permit for a maximum of 9 panel antennae and equipment cabinet to be
located at the Village's Pratt Boulevard water tower; and
WHEREAS, the President and Board of Trustees of the Village of Elk Grove
Village after having considered the findings and recommendation of said Plan
Commission find and believe it to be in the best interest of the Village that said
Special Use Permit be granted.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That there be granted a Special Use Permit in accordance with
Section 3.32 of the Zoning Ordinance to PCS Primeco, Inc. to permit the placement
of radio communication antennas on the Pratt Boulevard water tower and the
construction of an equipment cabinet adjacent to said tower, the legal description is
as follows:
The East 100 feet of the West 521.99 feet of the South 112 feet of the
North 245.83 feet of the South 409.77 feet of the North half of the
Southwest quarter of Section 34, Township 41 North, Range 11, East of
the Third Principal Meridian, in Cook County, Illinois.
Section 2: That the Village President and Village Clerk are hereby authorized to
enter into and execute a standard Water Tower Lease Agreement with respect to the
Special Use Permit herein granted, a copy of said Lease Agreement being attached
hereto and incorporated herein.
Section 3: That this Ordinance shall be in full force and effect from and after its
passage and approval according to law.
PASSED this 27th day of February 1996.
APPROVED this 27th day of February* 1996
VOTE: AYES: 6 NAYS: n ABSENT: 0
APPROVED:
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
STANDARD WATER TOWER LEASE AGREEMENT
This Standard Water Tower Lease Agreement ("Agreement") is entered into as of this 21st day of
February, 1996. between PCS PrimeCo L.P., a Delaware limited partnership ("Lessee"), and the 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:
1. 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, County of Cook, State of Illinois, commonly known as southeast
corner of the intersection of Pratt Avenue and Tonne Road (the Tower and Land are collectively, the
"Property"). The Land is legally 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") and shown in the Site Description as Exhibit B which is annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of
telecommunications transceiving 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 any and all other approvals that may be required for
Lessee's intended use of the Premises.
3. Tests and Construction.
(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 construction shall be at Lessee's sole cost and expense and shall be performed without
damage to the Tower or interference with Lessor's operation upon the Land. 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 any 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
safe occupancy area as defined in forthcoming government standards to be furnished to Lessor as published.
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 April 1, 1996, 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 upon Lessee notifying Lessor of its intention to renew prior to commencement of the succeeding
Renewal Term.
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5. Rent.
(a) Within 15 business days of the Commencement Date and each anniversary of the
Commencement Date, Lessee shall pay to Lessor as rent Fourteen Thousand Four Hundred Dollars
($14,400.00) annually, in advance ("Rent"). Rent for any fractional year at the beginning or at the end of the
Term 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) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to
four percent (417c) of the Rent for the previous year.
(c) On or before the Commencement Date, Lessee shall deposit with Lessor the sum of $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 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 actual 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) The Rent and the annual incremental increases thereof, shall be subject to renegotiation by the
parties on the tenth (]0`h) anniversary of the Commencement Date, provided the Lease is so extended. In the
event the parties are unable to agree upon new terms within 30 days after the 10" anniversary, then this lease
shall terminate 120 days thereafter. In no event shall any new rent be less than the then current rental.
(e) As additional consideration, Lessee shall provide to Lessor at the time its commences
commercial service, a one time credit for $1,000.00 toward the purchase of Lessee's wireless telephone
equipment and a one time credit for telephone service in the amount of $7,000.00 based upon the corporate
rates then in effect.
6. Facilities; Utilities; Access.
(a) Lessee, at its sole cost and expense, has the right to erect, maintain and operate on the Premises
radio communication facilities, including utility lines, transmission lines, electronic equipment, radio
transmitting and receiving antennas and supporting structures thereto (`Lessee Facilities"). In connection
therewith, Lessee shall 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's
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. Lessee agrees to install a metal cage over the first six (6) feet of its coaxial cable run in order to
prevent the scaling of the cables and/or the water tower as well as a protective casing around all of the coaxial
cable. In addition. Lessee agrees to paint its equipment to match the existing color of the water tower as well as
reimburse Lessor for any cleaning and recoating costs of said Water tank that are incurred due to the
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installation of Lessee's equipment. Lessor shall provide Lessee with reasonable documentation to evidence that
such costs were due to Lessee's equipment installation. In the event these costs were due to more than one
tenant, then the costs shall be prorated among the applicable tenants. Lessee agrees not to make any claim of
damages or reimbursement of revenue from Lessor due to any loss of service during the pending cleaning and
recoating work undertaken by the Lessor. Lessor agrees to give Lessee reasonable notice prior to the scheduled
work dates. Lessee shall have the right to temporarily remove all antennas and electronic equipment and to
reinstall the same after completion of the Lessor's work. 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 ( l) 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.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause physical, mechanical,
radio frequency or signal interference to Lessor and other lessees or licensees of the Property, provided that
their installation predate the execution of this Agreement. All operations by Lessee shall be in compliance with
all Federal Communication Commission ("FCC") requirements.
(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 physical, mechanical,
radio frequency or signal 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.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly
attributable to the Premises.
9. Waiver of Lessor's Lien. Lessor waives any 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.
10. Termination. 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 any covenant or term thereof by the other party,
which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace
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period for any 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 it does not obtain or maintain any license, permit or other
approval necessary for the construction and operation of Lessee Facilities; or (iv) 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 (v) 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
(vi) Lessor 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 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 Standards 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
sixth (60) days after receipt of a written copy of Lessor's engineering findings.
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. Destruction or 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 of receipt of written notice of casualty by
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Lessor or Lessee.
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nt and Sub insured against under nor Lessee
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Lessee ance
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gn this interest without Prior otherwise
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16. mired to those subject an affiliate dyer
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ms, covens and agrees with (") Lessor has full right ants that: Less
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If any provisi uted by both subject matter contained e Patties, an
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or u Agreement greement is
enforceable to the the applicationinvalid or Unenforceable shall not of such provisi
d fullest exte be affected and with
ntpermitted b each on tO persons other than rhos ect to any party, the
assignee of the This Agree shall y law. Provision of this Agrees those as to whom it
assts ment shall be
respective be binding valid and
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(d) Any notice or demand required to be given 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
Atm.: Village Manager
Lessee: PCS PrimeCo, L.P.
One Pierce Place, 11th Floor
Itasca, IL 60143
Attn: Director of Site Development
With copy to: PCS PrimeCo, L.P.
One Pierce Place, I Ith Floor
Itasca, IL 60143
Attn: Associated General Counsel
Lessor or Lessee 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) 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.
0) Lessee communications shall be within the 1.8 to 2.1 gigahertz frequency band.
18. Marking and Lighting Requirements. Lessee shall be responsible for compliance with all marking
and lighting requirements of the Federal Aviation Administration ("FAA") and FCC due to the presence of the
Lessee Facilities on the Tower.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
LESSOR:
VILLAGE OF ELK GROVE VILLAGE
Illinois municipal corporation
By: Dennis J. Gallitano
Date: February 27, 1996
Title: Village President
Tax ID #: 36-6009201
ATTEST: Patricia S. Smith
Village Clerk
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0
LESSEE:
PCS PRIMECO L.P., a Delaware
limited partnership
By:
Date:
Title: Director of Site Development
EXHIBIT A
DESCRIPTION OF PREMISES
to the Agreement by and between VILLAGE OF ELK GROVE VILLAGE, as Lessor, and PCS PRIMECO
L.P., as Lessee.
The Premises are described and/or depicted as follows:
The East 100 feet of the West 521.99 feet of the South 112 feet of the North 245.83 feet of the South
409.77 feet of the North half of the Southwest Quarter of Section 34, Township 41 North, Range t 1,
East of the Third Principal Meridian, in Cook County, Illinois.
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 Unit 22 in the West 1/2 of the
Southwest t/4 of Section 34, Township 41 North, Range 11 tying East of the Third Principal Meridian,
in Cook County, Illinois.
and otherwise known as the southeast corner of the intersection of Pratt Avenue and Tonne Road, Elk
Grove Village, Illinois.
P.I.N. 08-34-300-027
08-34-300-037
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EXHIBIT B
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