HomeMy WebLinkAboutRESOLUTION - 36-05 - 6/21/2005 - GROUND LEASE AGRMT/NEW CINGULARRESOLUTION NO. 36-05
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
A GROUND LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND NEW CINGULAR WIRELESS PCS. LLC (666 LANDMEIER ROAD)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and Dul age, 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 he in full force and effect from and after its passage and
approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 21at day of June 2005
APPROVED this 21't day of June 2005
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
GroundLeamAgmtCing W ar
GROUND LEASE AGREEMENT ("LEASE")
1: Definitions of Terms Used in this Document:
1.1 Landlord's Contact Person
Village of Elk Grove
901 Wellington
666 Landmeier Rd., Elk Grove Village
(847)357-4010
Attn: Village Manager
1.2 Landlord
Village of Elk Grove Village
901 Wellington Ave.
Elk Grove Village, IL 60007
1.3 Name and Address for Payment of Rent
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attn: Finance Department
1.4 Landlord's Taxpayer ID
E9998-1017-02
1.5 Premises Identification Number
08-27-100-043
1.10 Real Estate
666 Landmeier Road,
Elk Grove Village, IL 60007,
as described in Exhibit A.
11 Premises
Space containing approximately 1,200
square feet on the Real Estate.
12 Easements
Tenant shall have the right to use the access
and utility easements described in
Exhibit B.
13 Lease
This Ground Lease and Exhibits A, B and C
1.14 Tenant
New Cingular Wireless PCS, LLC
1.6 Commencement Date
The date upon which Tenant commences
the construction of its Telecommunications 1.16
Facility (as hereinafter defined)
1.7 Initial Term
Five (5) years
1.8 Rent
Beginning on the Commencement Date,
the Rent payable by Tenant to Landlord
shall be $22,500.00 annually
payable in equal monthly
installments of $1,875.00. Rent shall
be increased on each anniversary of the
Commencement Date by an amount equal
to four percent (4%) of the Rent in effect
for the previous twelve (12) months
1.9 Extended Terms
Four (4) five (5) year terms
as described in Section 2.2.
1.15 Tenant's Contact Person
Real Estate and Construction Manager
Tenant's Address
Cingular Wireless
6100 Atlantic Boulevard
Norcross, GA 30071
Attn: Network Lease Administration
With a required copy to:
Cingular Wireless
5565 Glendridge Connector, Atlanta, GA 30342
Attn: Legal Dept.
2. Term and Options to Extend
2.1 Initial Term. The Initial Term of this Lease shall be five (5) years beginning on the Commencement
Date and terminating at midnight on the day before the tenth anniversary of the Commencement Date (unless sooner
terminated as provided in Section 18).
2.2 Extended Terms. At least three hundred and sixty-five (365) days prior to the expiration of the
Initial Term, the parties shall renegotiate the business temis of this Agreement (e.g., Rent and Extended Terms). In the
event the parties are unable to agree upon such terms by the date which is one hundred and eighty (180) days prior to the
expiration of the Initial Term, this Agreement will be terminated upon the expiration of the Initial Term If the Initial
Term is extended for up to ten (10) years, the foregoing procedure shall be instituted prior to any further extensions of the
Term of this Agreement.
3. Rent; Security Deposit
3.1 First Rent Payment. Not later than fourteen (14) days after the Commencement Date, Tenant shall
pay Rent to Landlord in an amount equal to the first two (2) full calendar months of the Term.
3.2 Subsequent Monthly Rent Payments. Beginning on the first (1st) day of the third (3rd) calendar
month of the Initial Term, and continuing for so long as this Lease remains in effect, Tenant shall pay Rent to Landlord
on the first day of the month in advance. Rent for any fractional month shall be prorated based upon the number of days
in such month.
3.3 Location for Payments of Rent. All Rent shall be paid to Landlord at the Address for Payment of
Rent set forth above, or to another person, firm or place which Landlord may from time to time designate in writing to
Tenant given at least forty-five (45) days in advance of a Rent payment date.
3.4 Security Deposit. On or before the Commencement Date, Tenant shall deposit with Landlord the sum
of $5,000.00 (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 Lease. If Tenant defaults under this Lease, and
such default is not cured by Tenant as provided in Paragraph 13, Landlord may use, apply or retain all or a part of the
Security Deposit to compensate Landlord for any actual loss, damage or expense incurred or suffered by Landlord by
reason of Tenant's default. Prior to Landlord invading the Security Deposit, it shall first give Tenant written notice of its
intention to do so, and such notice shall contain 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 expiration or earlier termination of
this Lease.
4. Tenant's Use of the Premises
Provided that Tenant has obtained a building permit from the Village of Elk Grove Village and has received
approval from Chicago Bridge and Iron prior to conducting any mounting, drilling or welding activities on the Premises,
Tenant may use the Premises for the installation, operation and maintenance of a an antenna support structure
(hereafter, the "Monopole"), antennas, cabling, transmission wires, connectors and related equipment (`Equipment")
and an equipment building or enclosure (the "Equipment Enclosure") in which Tenant shall install, operate and
maintain Tenant's radio and other equipment.
5. Tenant's Telecommunications Facility; Utilities
5.1 Tenant's Monopole. Tenant shall at its sole cost and expense, construct on a portion of the Premises, a
monopole measuring approximately one hundred (100) feet above ground level upon which Tenant shall install,
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nit a1emdexot4 rbomaand aS rt%t all claims, losses,
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from the actions or inactions of Indemnitor under this Agreement or otherwise. Neither party shall be responsible or
liable to the other party for any claim, loss, cost, expense, damage or liability arising from any claim to the extent such
claim is attributable to any acts or omissions of the other party or to third parties having an interest in or a presence at
the Real Estate and/or the Premises. Notwithstanding the foregoing, or any other provision contained in this
Agreement, in no event shall either party be responsible for, or liable for any loss, cost, damage, expense, injury or
other liability which is in the nature of indirect, special, incidental or consequential damages suffered or incurred as
the result of, arising out of, or in any way connected to either party's performance of its obligations hereunder.
8: Insurance
8.1 Tenant's Insurance. Tenant shall, at its expense, obtain liability insurance issued by a reputable
company or companies authorized to do business in Illinois providing coverage in limits of at least $1,000,000.00, in
the event of bodily injury or death, or property damage, or both, as a result of any one accident or occurrence on the
Premises. Tenant shall name Landlord as an additional insured send a certificate therefor to Landlord prior to the
Commencement Date and upon each renewal of such insurance. The insurance shall be written by a reputable
company or companies authorized to do business in Illinois shall be written on a per location and occurrence basis,
and shall not be cancelable except upon at least fifteen (15) days' prior written notice to Landlord. The insurance shall
provide for the following coverage:
A. Worker's Compensation Insurance which affords insurance with limits required in Illinois (All
States Endorsement) including occupational diseases.
B. Employer Liability Insurance (Part B of the Worker's Compensation Policy) with excess limits
of at least $1,000,000.00.
C, Comprehensive General Liability Insurance with minimum limits of $1,000,000.00 each person,
and $2,000,000.00 each occurrence for bodily injury or death with the following coverages:
blanket contractual liability coverage;
owner's protective liability coverage;
D. Comprehensive Automobile Liability Insurance for owned, hired, non -owned and rented vehicles
with minimum limits of:
Bodily Injury or Death
each person
each occurrence
Premises Damage
each occurrence
Aggregate
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
E. Umbrella Coverage for each of the above categories with minimum limits of $2,000,000.00.
8.2 Waiver. Tenant and Landlord shall each be responsible for maintaining insurance covering their
own property, wheresoever located. Landlord and Tenant hereby waive any and all rights of recovery, claim, action
or cause of action each may have against the other, its affiliates and their respective officers, directors, shareholders,
partners, employees or agents, or any of their successors or assigns, on account of any loss or damage occasioned to
either of them, their affiliates and their respective officers, directors, shareholders, partners, employees or agents or
any of their successors or assigns, as the case may be, or their respective property, by reason of fire, the elements or
any other cause which could be insured against under the temrs of standard ail -risk property insurance policies,
regardless of cause or origin, including the negligence of either party, its agents, officers or employees. Provided their
insurers agree, each party on behalf of its respective insurance companies, does hereby waive any right of subrogation
that such companies may have against the other party. The parties covenant with each other that to the extent such
insurance endorsement is available they will each obtain for the benefit of the other an explicit waiver of any right of
subrogation from its respective insurance companies.
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 Premises in fee simple. Landlord has full
authority to execute, deliver, and perform this Lease and is not in default of any mortgage affecting the Premises.
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 Premises, 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 Premises 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 Premises.
10: Easements
10.1 Granted. For so long as this Lease remains in effect, Landlord grants to Tenant, its agents,
employees, contractors, guests and invitees, a non-exclusive right of access and/or an easement for pedestrian and
vehicular ingress and egress to and from the Premises from and to the nearest public road or right-of-way, and to enable
Tenant to obtain utility service to the Telecommunications Facility by means of the route described and depicted in
Exhibit B. Tenant and its authorized representatives shall have the right to access the Premises twenty-four (24) hours a
day, seven (7) days a week.
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 Premises 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 necessary easement or access route, then at Tenant's option this Lease may be terminated upon
thirty (30) days' prior written notice to Landlord.
11: Assignment
Tenant may not assign, or otherwise transfer all or any part of its interest in the Lease or in the Premises without
the prior written consent of landlord; provided, however, that Tenant may assign or sublet its interest without Landlord's
consent to Tenant's parent company, any subsidiary or affiliate of Tenant or its parent company or to any successor -in -
interest of Tenant/ Landlord may assign this Lease 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 Section 27 below. Notwithstanding anything
to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without
consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has
obligations for borrowed money or in respect of guaranties thereof, (ii) 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
similar facilities or in respect of guaranties thereof.
12: Default
12.1 By Tenant. In the event of default under this Lease by Tenant, Landlord shall be entitled to remedies
as shall then be provided by law except that Landlord shall not be entitled to remove any personal property (including
fixtures) on the Premises; 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 ten
(10) days in the event of a monetary default or thirty (30) days in the event of a non -monetary default (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, then in addition to any other remedies available to Landlord, Landlord may elect to
commence eviction proceedings; provided, however, that Tenant shall be permitted a six-month stay from receipt of a
notice of eviction at 110% of the then -current monthly Rent.
12.2 By Landlord. If Landlord defaults in any of its obligations under this Lease, in addition to any
remedies available at law or equity, Tenant may perform Landlord's obligation and may offset from the Rent or any other
amounts next payable Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease, Tenant may
defer payment of Rent during any period in which Landlord is in default in any of its obligations under this Lease; has
failed to provide or execute or cause to be provided or executed (a) any document reasonably necessary for Tenant's use
of the Premises in the manner contemplated, (b) any license, or (c) any document reasonably necessary to obtain any title
insurance or other necessary or desirable insurance or consent. Notwithstanding the foregoing, in the event of a default
under this Lease, 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. If
Landlord fails to cure a default, in addition to any other remedies available to Tenant, the Tenant may elect to cancel this
Lease.
13: Condemnation.
In the event of a condemnation of the Premises or any portion of the Real Estate used by Tenant to obtain access
or utility service to the Premises, this Lease shall be terminated effective as of the date that title to the affected Real
Estate vests in the condemning authority. Tenant's share of any condemnation award or proceeds from a sale in lieu of
condemnation shall be limited to compensation for Tenant's loss of its leasehold interest, its loss of business and
equipment, and the costs of relocation. Tenant shall not receive any part or portion of a condemnation award or sales
proceeds due and payable to Landlord.
14: Casualty
In the event the Real Estate and/or the Premises is destroyed or damaged in whole or in part, at Tenant's
option, this Lease may be terminated as of the date of the event that caused the destruction or damage, or at any time
within ninety (90) days thereafter. Following such termination, both parties will be relieved of any further obligations
under this Lease, including Tenant's obligation to pay Rent to Landlord.
15: Quiet Enjoyment
Landlord covenants and agrees that upon payment by the Tenant of the Rent due under this Lease, and upon the
observance and performance of all the covenants, terms and conditions on Tertant's part to be observed and performed,
Tenant shall peaceably and quietly hold and enjoy the Premises, the rights, and privileges granted for the tern 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 attomment agreements in form satisfactory to Tenant in
Tenant's sole discretion from any existing mortgage holder or other party holding an interest in the Real Estate and/or the
Premises which may take precedence over Tenant's interest in the Premises. 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 attomment agreement.
16.2 Financing by Landlord. Tenant shall enter into recordable subordination, non -disturbance and
attomment agreements with the holders of any mortgage, trust deed, installment sale contract or other financing
instrument affecting the Real Estate and/or the Premises dated after the date of this Lease, if such agreements are in form
satisfactory to Tenant.
17: Termination
17.1 By Tenant. In addition to termination as a result of action or inaction of either party pursuant to other
parts 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 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 Tenant has lost, been denied
or failed to satisfy any necessary authorization or radio engineering criteria to use the Premises as contemplated in this
Lease, or (ii) Tenant's having obtained a soil test which shows contamination or building conditions which in Tenant's
judgment are unsuitable for Tenant's purposes, or (iii) by Tenant if Tenant is unable to occupy and utilize the Premises
due to an action of the Federal Communications Commission ("FCC"), including without limitation, a take back of
channels or change in frequencies.
17.2 By Landlord. Landlord may terminate this Lease upon written notice to Tenant following a
determination by a qualified engineer (using appropriate instruments which are properly calibrated) that the power
density levels emitted from Tenant's Equipment on the Premises exceeds 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; provided however, that Tenant shall receive written notice of any such violation and Tenant shall be
afforded sixty (60) days in which to bring the Equipment into compliance with such standard.
17.3 Removal of Equipment. Upon the expiration or earlier termination of this Lease, Tenant shall at its
sole expense remove from the Premises all of its Equipment and improvements, including underground wiring, fencing,
sidewalks and foundations. Tenant shall have up to ninety (90) days after the effective date of the expiration, termination,
cancellation of this Lease to complete removal of all items. If Tenant requires any of the ninety (90) day period for such
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 that 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 Premises as contemplated in this Lease, and to join in any application or other document reasonably
requested by Tenant within ten (10) days of Tenant's written request. During the Term of this Lease Landlord shall take
no action which adversely affects Tenant's use of the Premises. At any time after the date of this Lease or the
Commencement Date, either party shall execute or cause to be executed any document, or take or cause to be taken any
action 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 Illinois. In the event that any
provisions of this Lease are legally unenforceable, the other provisions shall remain in effect.
20: Broadcast Interference
20.1 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 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 Premises or had any equipment on the Premises.
20.2 Interference.
(A) Tenant shall operate its Communications Facility in a manner that shall not cause physical,
mechanical, radio frequency or signal interference to Landlord and other tenants or licensees of Landlord on the Real
Estate; provided however, that such other tenants or licensees were operating equipment on the Real Estate prior to the
Commencement Date of this Lease. All operations by Tenant shall be in compliance with all FCC requirements.
(B) Subsequent to Tenant's installation of its Communications Facility, Landlord shall not permit itself or
its other tenants and licensees to install new equipment on the Real Estate if such equipment is likely to cause physical,
mechanical, radio frequency or signal interference with Tenant's operation of its Communications Facility. Such
interference shall be deemed a material breach by Landlord. In the event interference occurs, Landlord agrees to take all
reasonable steps necessary to eliminate such interference in a reasonable time period (not to exceed five (5) days).
(C) Should Landlord or residents experience interference with their existing residential use of appliances
utilizing radio frequencies due to Tenant's Communications Facility, Tenant shall, at its sole cost and expense, cooperate
with Landlord to determine if Tenant's Communications Facility is 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 Tenant's Communications Facility, Tenant shall, at its sole
cost and expense, shall use its best efforts to eliminate or mitigate such interference.
21: Environmental Matters
21.1 Definition. For purposes of this Lease:
(A) "Applicable Environmental Laws" includes the Comprehensive Environmental Response,
Compensation, and Liability Act, any so called "Superf md" 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.
21.2 No Hazardous Material. Neither Landlord nor, to the best knowledge of Landlord, any other person
has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of on, under or at the Real
Estate or any part thereof, nor any part thereof has ever been used by the Landlord, or to the best knowledge of the
Landlord, by any other person either as a permanent or temporary dump site or storage site for any Hazardous Material.
21.3 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, 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 form the
Premises or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous
Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or
arising under applicable Environmental Laws) caused by or in the control of Tenant.
21.4 Landlord's Indemnity. Landlord indemnifies 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, 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 Real
Estate onto the Premises or into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any
Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims
asserted or arising under Applicable Environmental Laws) caused by or in the control of Landlord or others under
Landlord's control.
22.5 Survival. The provisions of and undertakings and indemnification set out in this Section shall survive
the termination of this Lease.
23. Waiver of Landlord's Lien
Landlord waives any lien rights it may have concerning the Equipment comprising Tenant's Communications
Facility, and all such Equipment shall be deemed Tenant's personal property and not fixtures, and Tenant has the right to
remove the same at any time without Landlord's consent.
24: Entire Binding Understanding; No Oral Modification
All prior understandings and agreements between the parties are merged into this Lease, and this Lease may not
be modified orally or in any manner other than by an agreement in writing signed by both parties. Presentation of this
Lease by Tenant to Landlord shall not constitute an offer unless the Lease has been signed by Tenant, and this Lease
shall not be binding until executed by both Landlord and Tenant.
25: Successors; Separability
Subject to the provisions regarding assignment, this Lease shall be binding upon, and inure to the benefit of, the
successors -in -interest and permitted assigns or subtenants of the parties and any grantee of Landlord.
26: 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 receipt or refusal. Notices may be sent by
certified mail, return receipt requested, by recognized overnight courier or by any other means that may be verified.
Notices shall be addressed to the parties and copies sent as set forth in Section 1 of this Lease. Either party may change
its address for notices (and in the case of landlord, for payment of Rent) by sending written notice to the other party.
AGREED as of the later of the two dates below:
LANDLORD TENANT
Village of Elk Grove Village,
an Illinois Municipal Corporation
By: Craig B. Johnson
Name: Craig B. Johnson
Title: Mayor
Date Signed: June 21, 2005
New Cingular Wireless PCS, LLC
By:
Terry Kyne Executive Director Network Operations
Date Signed:
• 0 12/08/2004
WTG File Number. FMH-200400-3694.0
FMHC Number. CH1598
A.L.T.A. COMMITMENT FORM
-Schedule A Continued -
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11
EAST OFTHE THIRD PRINCIPAL MERIDIAN LYING WESTOF THE WEST LINE
OF THE EAST 167.33 FEET OF SAID WEST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27 AND LYING
NORTH OF THE CENTER LINE OF LANDMEIER ROAD AND LYING SOUTH AND
EAST OF THE FOLLOWING DESCRIBED LINES: BEGINNING AT A POINT IN
THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER W HICH IS 436.98 FEET SOUTH OF THE NORTHEAST
CORNER THEREOF; THENCE SOUTHWESTERLY ALONG A LINE DRAWN
FROM SAID POINT TO A POINT IN THE EAST LINE OFTHE WEST 105 FEET OF
SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER WHICH IS 970.32 FEET SOUTH OF THE NORTH LINE OF SAID
WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
AND 194.34 FEET NORTH OF INTERSECTION OF SAID EAST LINE OF THE
WEST 105 FEET AND THE CENTERLINE OF SAID LANDMEIER ROAD, A
DISTANCE OF 760.70 FEET; THENCE SOUTH ALONG A LINE 105 FEET EAST
OF AND PARALLEL TO THE WEST LINE OF SAID WEST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF
194.34 FEET TO THE CENTER LINE OF LANDMEIER ROAD, SITUATED IN THE
COUNTY OF COOK, IN THE STATE OF ILLINOIS.
EXCEPT THAT PART OF THE FOLLOWING DESCRIBED TRACT OF LAND
LYING NORTHEASTERLY OF A LINE DRAWN FROM A POINT ON THE EAST
LINE THEREOF 270.00 FEET SOUTH OF THE NORTHEAST CORNER TO A
POINT -ON THE NORTHWESTERLY LINE THEREOF 295.00 FEET
SOUTHWESTERLY OF THE NORTHEAST CORNER THEREOF, SAID TRACT
BEING DESCRIBED AS: THAT PART OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING WEST OF THE WEST LINE OF THE EAST 167.33 FEET OF
SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 27 AND LYING NORTH OF THE CENTER LINE OF
LANDMEIER ROAD AND LYING SOUTH AND EAST OF THE FOLLOWING
DESCRIBED LINES: BEGINNING AT A POINT IN THE EAST LINE OF SAID
WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
IMEDBY
Nlratl TWO Ge ty Compmq
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MmM mery, lakK*a e0539
Men ler.
FwwN f Netlow Title IMeaMe Cempelry
II
WTG File Number. FMH-2004CO-3894.0
FMHC Number. CHI598
WHICH IS 436.98 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTHWESTERLY ALONG A LINE DRAWN FROM SAID POINT TO A
POINT IN THE EAST LINE OF THE WEST 105 FEET OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER WHICH IS
970.32 FEET SOUTH OF THE NORTH LINE OF SAID WEST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND 194.34 FEET
NORTH OF THE INTERSECTION OF SAID EAST LINE OF THE WEST 105 FEET
AND THE CENTER LINE OF SAID LANDMEIER ROAD, A DISTANCE OF 780.70
FEET; THENCE SOUTH ALONG A LINE 105 FEET EAST OF AND PARALLEL TO
THE WEST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER, A DISTANCE OF 194.34 FEET TO THE CENTER
LINE OF LANOMEIER ROAD, SITUATED IN THE COUNTY OF COOK, IN THE
STATE OF ILLINOIS.
PERMANENT TAX NUMBER(S): 08-27-100-043; 08.27-100-042(pt)
ISSUED BY!
Wh"ond Tft Ca W,
39 MIN SIMM
MwdwMery, IwAl* COM
Agent for.
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