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HomeMy WebLinkAboutRes 27-98 05/19/1998 AF/ 5/15~98 RESOLUTION NO. 27-98 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SPRINTCOM WHEREAS, the Village of Mount Prospect is the owner of the water tower located at the comer of Northwest Highway and Maple Street; and WHEREAS, the water tower mentioned herein is used for the purpose of providing water pressure for delivering potable water in the Village; and WHEREAS, it has been determined that the best interest of the Village would be served by leasing space on the water tower to SprintCom for the purpose of locating an wireless antenna on said water tower. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize execution of a Lease between SprintCom and the Village of Mount Prospect for the purpose of permitting an wireless antenna to be located on the Village owned water tower located at Northwest Highway and Maple Street, said Lease shall be for a period of 25 years, as set forth in the Lease, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, [Ohrstorfer, Nocchi, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 19th day of May, 1998. Carol A. Fields ' v~j~.'4'_".~, PCS SITE AGREEMENT August 97 Site Name Mt- Prospect ~, ~r Site I~ D~ 49 1. Pmmtsee and Use. Owner leases to SprintCom, lee., a Kansas PCS system. Owner agrees ~o cooperate with SprintCom with respect to corporation ('SprintCom'), the site described below: obtaining any required zoning approvals for the Site and such improvements [Check appropriate box(es)] provided that Owner (as local zoning authority) shall not be required to provide SprintCom with any favored treatment as an applicant for zoning permits or [] Land consisting of approximately /I ~l~) square feet upon which approvals. Upon termination or expiration Of this Agreement, SprintCom may SprintCom will construct its [] equipment base station and [] antenna remove its equipment and improvements and will restore the Site to structure; substantial!y the condition existing on the Commencement Date, except for [] Building interior space consisting of approximatshJ square feet; ordinary wear and tear and casualty loss. 8. Compliance with Laws. Owner represents that Owner's property (includ- E Building exterior spaosforattachment of antennas; ing the S~te), and all improvements located thereon, are in substantial D Building exterior space for placement of base station equipment; compliance with building, life/safety, disability and other laws, codes and [] Tower antenna space between the ~5' foot and ~ foot level on the regulations of applicable govemmental authorities. SprintCom will substantially comply with ali applicable laws relating to its possession and use Tower, of the Site, including without limitation posting requirements of the Federal [] Space mguired for cable runs to connect PCS equipment and antennas, Communications Commission. 9. Interference. SprintCom Will resolve technical intederenca problems with other equipment located at the Site on the Commencement Date or any in the location(s) ("Site') shown on Exhibit A, together with a non-exclusive equipment that becomes attached to the Site at any future date when easement for reasonable access thereto and to the appropriate, in the SprintCom desires to add additional equipment to the Site. Likewise, Owner discretion of SprintCom, source of electdc and telephpne facilities. The Site will not permit or suffer the installetion of any future equipment which la) will be used by SpfintCora for the purpose of installing, removing, replacing, results in technical interference probldme with SpdntCom's then existing modifying, maintaining and operating, at its expense, a personal equipment or lb) encroaches onto the Site. communications sen/ica system facility ("PCS"), including, without limitation, t0. Utilities. Owner represents that uffiities adequate for SprintCom's use of antenna equipment, cable wiring, related fixtures and, if applicable to the Site, the Site are available. SpdntCom will pay for all utilities used by it at the Site. an antenna strocture. SpdntCom will use the Site in a manner which will not Owner will cooperate with SprintCom in SpdntCom's efforts to obtain utilities unreasonably disturb the occupancy of Owner's other tenants. SprintCom will from any location provided by Owner or the sen/icing utility, including signing have access to the Site 24 hours per day, 7 days per week. any easement or other instrument reasonably required by the utility company, 2. Term. The term of this Agreement (the "Initial Term') is 5 years, at the sole COst of SpdntCom. In no event shall Owner be obligated to incur COmmencing on the date ("Commencement Date,] both SprintCom and any expense to provide any utilities to SpdntCom at the Site. Owner have executed this Agreement. This Agreement will be automatically '1'1. Termination. SprintCom may terminate this Agreement at any time by renewed for four additional terms (each a "Renewal Term') of 5 years each, notice to Owner withou! further liability if SpfintCom does not obtain all permits unless SprintCom provides Owner notice of intention not to renew not less or other approvals (COllectively, "approval") required from any governmental than 90 days prior to the expiration of the Initial Term or any Renewal Term. authority or any easements required from any third party to operate the PCS 3. Rent. Until the earlier of la) that date which is 30 days after the issuance system, or if any such approval is canceled, expires or is withdrawn or of a building permit, or lb) the first day of the month following the terminated, or if Owner fails to have proper ownerahip of the Site or authority commencement of the physical preparation of the Site, the rent will be a one- to enfar into this Agreement, or if SpdntCom, for any other reason, in its sote time aggregate payment of $100.00, the receipt of which Owner discrefion, determines that it will be unabie to use the Site. Up0ntermination, acknowledges. Thereafter, rent will be paid in equal monthly installments of all prepaid rent will be retained by owner unless such termination is due to $2,000.00 (until increased as set forth herein), partial months to be prorated, Owner's failure of proper ownership or authority, or such termination is a result in advance. Rent for each year dudng each Renewal Term will be the annual of owner's default. rent in effect far the final year of the Initial Term or the prior year dudng any 12. Default. If either party is in default under this Agreement for a pedod of Renewal Term, es the case may be, increased by three percent (3%). la) I 0 days folinwing receipt of notice from the non-defaulting party with 4. Title and Quiet Possession. Owner represents and agrees la) that it is respect to a default which may be cared solely by the payment of money, or the Owner of the Site; lb) that it has the right to enter into this Agreement; lb) 30 days folinwing receipt of notice from the non-defaulting party with lc) that the person signing this Agreement has the authority to sign; (d) that respect to a default which may not be cumcl solely by the payment of money, SprintCom is entitled to access to the Site at all times and to the quiet then, in either event, the non-defaulting party may pursue any remedies possession of the Site throughout the Initial Term and each Renewal Term so available to it against the defaulting party under applicable law, including, but long as SprintCom is not in default beyond the expiration of any cure period; not limited to, the right to terminate this Agreement. If the non-monetary and (e) that Owner shall not have unsupervised access to the Site or to the default may not reasonably be cured within a 30-day period, this Agreement PCS equipment, may not be terminated if the defaulting party commences action to cure the 5. Assignment/Subletting. SpdntCom shall not have the right to sublease default within such 30-day period and proceeds with due diligence to fully cure or assign its rights under this Agreement to any unrelated party without notice the default. to or consent of Owner, which consent shall nut be unreasonably withheld, '13. Indemnity. Owner and SpdntCom each indemnifies the other against delayed or conditioned; provided, however, SpdntCom shall have the right to and holds the other harmless from any and all COsts (including reasonable sublease or assign its rights under this Agreement to any of its subsidiaries, attorneys' fees) and claims of liability or loss which arise out of the ownership, affiliates or successor legal entities, to any entity acquiring substantially all of use and/or occupancy of the Site by the indemnifying party. This indemnity the assets of SprintCom or to any subsidia~J or affiliate of Sprint Corporation, does not apply to any ciaime arising from the sole negligence or intentional without no'dce to or consent of Owner. Any sublease agreement shall require misCOnduct of the indemnified Pa~'y. The indemnity obligations under this the sublessee to assume all obligations of this Agreement of SprintCom. Paragraph will survive termination of this Agreement. 6. Notices. All nuticas must be in writing and are effective only when '14. Hazardous Substances. owner represents that it has no knowledge of deposited in the U.S. mail, certified and postage prepaid, or when sent via any substance, chemical or waste (collectively, 'substance') on the Site that ovemight delivery. Notices to SprintCem are to be sent to: SprintCom, inc., is identified as hazardous, toxic or dangerous in any applicable federal, state Attention: Director-Network Real Estate, 1200 Main Street, Kansas City, or local taw or reguletion. SprintCom will ~t infreduca or use any such Missouri 64105, with a COpy to Sprint Spectrum L.P., 9801 West Higgins substance on the Site in violation of any applicable law. Road, 2"~ Floor, Rosemont, Illinois 60018. Notices to owner must be sent to '1 $. Subordination and Non-Disturbance. This Agreement is subordinate to the address shown underneath owner's signature, any mortgage or deed of trust now of record against the Site. However, 7. Improvements. SpdntCom may, at its expense, make such improvements promptly after the Agreement is f~lly executed, Owner will use diligent efforts on the Site as it deems necessary from time to time for the operation of the to obtain a non-disturbance agreement reasonably acceptable to SpdntCom S:lclientlO4430iRHO2382. WPD 5/12/98 11:22 AM from the holder of any such mortgage or dead of trust, applicability requiring all wireless telephone providers to assess a surcharge 16. Taxes. SpdntCom will be responsible for payment of all personal for 9-1-1 purposes upon customers within the corporate limits of the Village. property taxes assessed directly upon and arising solely from its use of the By executing this Agreement, SprintCom agrees to abide by the terms and communications facility on the Site. SprintCom will pay to Owner any conditions of this ordinance of general applicability, it is understood by the increase in real properly taxes attributable solely to any improvements to the parties that the 9-1-1 surcharge will not be required of SpdntCom unless the Site made by SprintCom within 60 days after receipt of satisfactory surcharge is applicable to all wireless telephone carriers providing service documentation indicating calculation of SprintCom's share of such real estate within the corporate limits of the Village of Mount Prospect. taxes and payment of the real estate taxes by Owner. Owner will pay when 20. Non-Binding Until Fully Executed. This Agreement is for discussion due all other real estate taxes and assessments attributable to the property of purposes only and does not constitute a formal offer by either party. This Owner of which the Site is a part. Owner shall deliver a copy of any tax bill or Agreement is not and shatl not be binding on either party until and unless it is notice of resssessment to SpdntCom within five (5) days of Owner's receipt of fotly executed by both parties, the same. SprintCom shall have the right, at its own expense, and, if necessary, in the name of but without expense to Owner, to contest, by appropriate proceedings, conducted with due diligence and in good faith, the The following Exhibits are attached to and made a part of this validity of the amount of taxes or roassessment, as applicable, to the Site. Agreement: Exhibits A, B and 17. Insurance. SpdntCom will procure and maintain commercial general liability insurance, with limits of not less than $1,000,000 combined single limit Attach Exhibit A - Site Description per occurrence for bodily injury and property damage liability, with a sertiflcate Affac~morsndum of PCS Site A~reement~ of insurance to be fumished to Owner within 30 days of written request. Such ~' /'~-~ ~/~~ F MO /~ ~-~~--i..ci~~.~nn~~~ policy will provide that sancellation will not occur without at least 15 days pdor written notice to Owner. Each party hereby waives its right of recovery O~/V'RER: ~IL'~O pal corporation against the other for any loss or damage covered by any insurance policies BY~-~,~'~.~'~'~ ~ ~'C~'~ maintained by the waiving party. Each party will cause each insurance policy its: obtained by it to provide that the insurance company waives all rights of S.S./Tax No.: '~ - /JO0/~)(~ recovery against the other party in connection with any damage covered by Address: 100 South Emerson Street such policy. Mount Prospect, Illinois 60056 18. Maintenance. SprintCom will he responsible for repairing and maintaining the PCS system and any other improvements installed by [] See Exhibit A1 for continuation of Ownersignaturos SprintCom at the Site in a proper operating and reasonably safe condition; Date ~/o~) ~/~ ,~ provided, however if any such repair or maintenance is required due to the ' / acts of Owner, its agents or employees, Owner shall reimburse SprintCom for ~,e~ ~s coroorat~on the reasonable costs incurred by SprintCom to rostoro the damaged areas to SPRI OM, INC, .nsas oratio the condition which existed immediately prior thereto. Owner will maintain and By: repair all other portions of the property of which the Site is a part in a proper Its: ~,__~/ ./ A ~-I~-~ operating and reasonably safe condition. Date:'-'. _~'/ ~_.'"*F-- { ~ Owner shall notify SprintCom at lease forty-five (45) days in - advance of the date when any painting or other maintenance may take place at the Site. Owner shah take all reasonable actions in order to minimize any disturbanco to SprintCom's operations durlng any such painting or cther maintenance. Should the painting or other maintenance interfere with SpriotCom's operations, owner shall allow SprintCom to install temporary facilities, at its sole cost, on another location on Owner's propoK'y until such painting or other maintenance is completed. Additional cost to Owner for [/! ~./.- ~1~'~ ~ painting services due to the operation of the PCS Site shall be the sole responsibility of SpdofCom. All antennas and related conduit must be painted . the same color es the water tower as to blend into the color scheme of the tower. Upon initial installation or any subsequent modifications to the water tower by SprintCom, SprintCom shall pay for a third party inspection by a licensed engineering firm experienced in elevated tank work. Inspector shall serve as the Owner's representative to check welds, coatings and structural integrity of the tank. Owner shall select the firm and SprintCom shall he responsible for payment for reasonable services. 19. Miscellaneous. la) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreament; lb) this Agreament is governed by the laws of the state in which the Site is located; lc) if requested by SprintCom, Owner agrees promptly to execute and deliver to SpdntCom a recordabie Memorandum of this Agreement in the form of Exhibit B; (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings betwean the parties; any amendments to this Agreement must be in writing and executed tiy both parties; (e) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is _T_ held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; (f) the prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-pravailing party; and (g) the Village of Mount Prospect is considering the adoption of an ordinance of general $:lcllentlO44301RHO2382. WPD 5/12/98 11:22 AM version ~ EXHIBIT A March 97 Site Name Mt. Prospect Water Tower PCS Site Agreement Site I. Do 449-G Site Description Site situated in the City of Mt. Prospect, County of Cook, State of Illinois commonly described as foltows: Legal Description: LOT 1 IN BLOCK 11, IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. Sketch of Site: SprintCom Initials ~ ~ '~-- Note Owner and SpdntCom may, at SprintCom s option, i-eplace this Exhibit with an exhibit setting forth the legal deschption of the properly on which the Site is located and/or an as-built drawing depicting the Site. *[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.]