HomeMy WebLinkAboutRes 28-00 08/15/2000 WL
8~8~00
RESOLUTION NO. 28-00
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE
BETWEEN THE VILLAGE OF MOUNT PROSPECT AND VOICESTREAM WIRELESS
WHEREAS, the Village of Mount Prospect is the owner of the water tower located at the corner of
Northwest Highway and Maple Street; and
WHEREAS, the water tower referenced herein is used for the purpose of providing water pressure for the
de!ive~y of 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 VoiceStream wireless for the purpose of locating a 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: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize
execution of a Lease between VoiceStream wireless and the Village of Mount Prospect for the purpose
of permitting a wireless antenna to be located on the Village owned water tower located at the intersection
of Northwest Highway and Maple Street, said Lease shall be for an initial period of five (5) years, with a
twenty-five (25) year maximum term length, as set forth in the Lease, a copy of which is attached hereto
and hereby made a part hereof as Exhibit "A."
SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval
in the manner provided by law.
AYES:
Hoefert, Lohrstor~er, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: Corcoran, Farley
PASSED and APPROVED this 15th day of August, 2000.
ATTEST:
Ve?~W Lo~e~ ~'''-'
Village Clerk
Mi'chaele W. Skowron
Mayor Pro Tern
TOWER LEASE WITH OPTION
THIS TOWER LEASE WITH OPTION ("Lease") is by and between Village of Mount Prospect ("Landlord") and
Cook Inlet / VoiceStream Operating Company, L~L.C., a Delaware limited liability company ("Tanant").
I. Option to Lease
(a) In consideration of tho payment of twenty-one hundred and no/100 dollars ($2,!00.00) (th~ "Option Fee") by
Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the
attached Exhibit A (the "Property"), together with the right to use the tower located thereon ("Tower") on the terms and
conditions set forth herein (thc "Option"). The Option shall be for an initial term of twelve (12) months, commencing on the
Effective Date (as defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional twelve
(12) months upon written notice to Landlord and payment of the sum of twenty-one hundred and no/100 dollars ($2,100.00)
("Additional Option Fee") at any time prior to the end of the Option Period.
(b) During the Option Period and any extension thereof, and during the term of this Lease, Landlord agrees to
cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the
Premises from all applicable government and/or regulatory entities (including, without limitation, zoning and land use
authorities, and the Federal Communication Commission ("FCC") (the "Governmental Approvals"), including appointing Tenant
as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to
Landlord, to obtain a title report, zoning approvals and variances, land-use permits, and Landlord exprefisly grants to Tenant a
right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations
on the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering
specifications, system design, operations and Governmental Approvals. During the Option Period and any extension thereof,
.Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof.
(c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to
Tenant the use of that portion of the Tower and Property, together with easements for access and utilities, generally described and
depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises, located at 112
Northwest Highway, Mount Prospect, IIlinois 60056, comprises approximately 300 square feet. Tenant's location on the Tower
shall be at 93 and 101 feet above ground level
2. TerLq_. The initial term of the Lease shall b~ five (5) years commencing on the date of exercise of the Option (the
"Commencement Date"), and terminating at midnight on the last day of the initial term (the "Initial Term").
3. Permitted Use. The Premises may be used by Tenant for, among other things, the transmission and reception of
radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of
related facilities, tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities.
4. Rent. Tenant shall pay Landlord, as rent, twenty-one hundred and no/100 dollars ($2,100.00) per month ("Rent").
Rent shall be payable in advance beginning on the Commencement Date prorated for the remainder of the month in which the
Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each month to Village of
Mount Prospect at Landlord's address specified in Section 12 below. If this Lease is terminated at a time other than on the last
day of a month, Rent shall be prorated as of the date of termination for any reason other than a default by Tenant, and ali prepaid
Rent shall be immediately refianded to Tenant.
5. Renewal. Tenant shall have the right to extend this Lease for five (5) additional, five-year terms ("Renewal Term").
Each Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent shall be increased by annual
three percent (3%) of the Rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal
Term unless Tenant notifies Landlord, in writing, of Tellant's intention not to renew this Lease, at least sixty (60) days prior to
the expiration of the Initial Term or any Renewal Term. If Tanant shall remain in possession of the Premises at the expiration of
this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the
same terms and conditions of this Lease.
S[te Number: _C.H 13146A Rev. 1/00
Site Name: Mount Prospect Water Tower
Market: ehicag9 I
6. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Property by
Landlord, or lessees or licensees of Landlord, with rights in the Property prior in time to Tenant's (subject to Tenant's rights
under this Lease, including without limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its
lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the
operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written
notice from the other, be responsible for terminating said interference. In the event any such interference does not cease
promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the in~ured party shall
have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such
interference or to terminate this Lease immediately upon written notice.
7. Improvements; Utilities; Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving
antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines (colleetively
the "Antenna Facilities"). Tenant shall have the right to replace or enhance the Antenna Facilities at any time during the term of
this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. The
Antenna Facilities shall remain the exclusive pmpetty of Tanant. Tenant shall have the right to remove the Antenna Facilities at
any time during and upon termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities,
including, without limitation, the construction ora fence.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereat~er located on the Property
in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted.
Upon termination or expiration of this Lease, the Promises shall be returned to Landlord in good, usable condition, normaI wear
and tear and casualty excepted.
(d) Tenant shall have the right to install utilities, at Teannt's expense, and to improve the present utilities on the
Property (including, but not limited to, the iastaliatioo of emergency power generators). Landlord agrees to use reasonable
efforts in assisting Tenant to acquire neeessary utility service. Tenant shall, wherever practicable, install separate meters for
utilities used on the Property. In the event separate meters are not installed, Tenant shall pay the periodic charges for all utilities
attributable to Tenant's use. Tenant shall have the right to install necessary conduit and sleeving from the roof to the point of
connection within the Building. Landlord shall diligently correct any variation, interruption or failure of utility service.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement in, under and
across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the
Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone
service cable, and to service the Premises and the Antenna Facilities at ali times during the Initial Term of this Lease or any
Renewal (collectively, "Easement"). The Easement provided hereunder shall have the same term as this Lease.
(f) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the Initial Term of this
Lease and any Renewal Term.
8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further
liability as follows:
(a) upon thirty (30) days written notice by Landlord if Tenant fails to cum a default for payment of amounts due under
this Lease within that thirty (30) day period;
(b) upon thirty (30) days written notice by either party if the other party commits a non-monetary default and fails to
cure or commence curing such default within that thirty (30)-day period, or such longer period as may be required to diligently
complete a cure commenced within that thirty (30)-day period;
(c) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior
to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits
or cancels any license (including, without limitation, an FCC license), permit or Governmental Approval necessary to the
installation and/or operation of the Antenna Facilities or Tenant's business;
Site Number: CHI3146A Rev 1/00
Site Name: Mount Prospect Water Tower
Market: Chicam) 2
(d) upon ninety (90) days written notice by Tenant if the Property, Tower or the Antenna Facilities are or become
unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to
which the Antenna Facilities belong;
(e) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as
in Tenant's reasonable judgmant to substantially and adversely affect the effective use of the Antenna Facilities. In such event,
all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall De entitled to the
reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises
and/or Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or
(f) at the time title to the Proper~y transfers to a condemning authority, pursuant to a taking of all or a portion of the
Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each
be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with
the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation.
9. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes directly attributable
to, the Antenna Facilities. Landlord shall pay any real property taxes or other fees and assessmanta attributable to the Property.
In the event that Landlord fails to pay any such reaI property taxes or other fees and assessments, Tenant shall have the right, but
not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease.
10. Insurance and Subrog~ion.
(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of One Million and no/100
Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of
liability insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) fi.om liability and waive
all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for
all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim
against the other.
11. Hold HarmIess. Tenant agrees to hold Landlord harmless from claims arising from the installation, use,
maintenance, repair or removal of the Antenna Facilities, except for claims arising from the negligence or intentional acts of
Landlord, its employees, agents or independent contractors.
12. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be
deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next-business-day delivery
by a nationally recognized overnight carrier to the following addresses:
If to Tenant. to: With a copy to: If to Landlord, to:
Cook Inlet / VoiceStream Operating Cook Inlet / VoiceStream Operating Village of Mount Prospect
Company, L.L.C. Company t00 South Emerson Street
c/o VoiceStream PCS BTA I Corporation 1375 East Woodfield Road Mount Prospect, Illinois 60056
3650 - 131st Avenue SE; Suite #200 Suite #400
Bellevue, WA 98006 Schaumburg, IL 60173
Attn: PCS Leasing Administrator Attn: Lease Administrator
With a copy to: Attn: Legal Department
13. Quiet Enioyment, Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has fall right,
power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the Tower free and clear of
any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the
Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of
any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease,
Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any
applicable grace or cure period.
14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste
(collectively "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal,
state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property
Site Number: CHI3146A Rev. t/00
Site Name: Mount Prospect Water Tower
Markel: Chicago 3
in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
remediatian as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused
solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold
harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands
and liability (collectively, "Claims") including, but not Iimitad to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and re. asonable attorney fees that the indemnitae may suffer or incur due to the existence or discovery of any
Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or th~ release of any
Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the iudemnitor's activities on the
Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property
not by Landlord or Tenant prior to and during the Term and any Renewal Term of this Lease. The indemnifications in this
section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any
cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the
termination or expiration of this Lease.
15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the
Easement to any person or business entity which is authorized pursuant to and FCC licensed to, operate a wireless
communications business, is a parent, subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or purchases more
than fife;, (50) percent of either an ownership interest in Tenant or the assets of Tananr in the "Metropolitan Trading Area" or
"Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such assignment, Tenant
shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under
this Lease and ali obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord. Tenant may
other~vise assign this Lease upon written approval of Landlord, which approval shall not be unreasonably delayed, withheld,
conditioned or denied.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna
Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their
successors or assigns (collectively "Mortgagees"), provided such Mortgagees agree to be bouud by the terms and provisions of
this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by
Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give
Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice,
as provided in Section 8 of this Lease. All such notices to Mortgagees shall be seat to Mortgagees at the address specified by
Tenant. Failure by Landlord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall
preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the
Premises as provided in Section 17 of this Lease.
16. Successors and Assigns. This Lease and the Easement granted herein shall run with the land, and shall be binding
upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
17. Waiver of Landlord% Lien. Landlord hereby waives any and ail lien rights it may have, statutory or otherwise
concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease,
whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees
the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in
Tenant's and/or Mortgagee's sole discretion and without Landlord's consent.
18. MisceIIaneoas.
(a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees
and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information as
the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the parties, and supercedes all offers, negotiations
and other agreements, with respect to the subject matter and property covered by this Lease.
(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in
substantially the form attached as Exhibit Q) necessary to protect its rights or use of the Premises. The Memorandum of Lease
may be recorded in place of this Lease, by either party. In the event the Property is encumbered by a mortgage or deed of trust,
Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for each
such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the
Premises. Landlord agrees to execute such documents as the title company may require in connection therewith.
Site Number: CH 13146A Rev 1/00
Site Name: Mount Prospect Water Tower
Market: Chicago 4
8/4/2000
ADDENDUM TO VOICESTREAM SITE LEASE WITH OPTION
(Additional Terms)
In the event of conflict or inconsistency between the terms of this Addendum and the Lease, the terms of
the Addendum shall govern and control. All capitalized terms shalI have the same meaning as in'the Lease.
Landlord retains right of final approval of Construction Drawings ("Drawings"), such approval not to be unreasonably
delayed, withheld, or conditioned. Landlord shall have 21 days from the receipt of Drawings to provide comments.
Should Landlord fail to provide comments within 21 days, Drawings shall be deemed approved.
The water tower on which the Tenant's Anntenna Facillities is to be placed is painted every ten (10) years,
with the next exterior painting scheduled for 2003 ("Painting"). The increase in cost of this Painting
attributable to placement of Tenant's Antenna Facility on the water tower shall be borne by the Tenant.
Also, the Landlord shall not be liable for any disruption of wireless signal that may occur due to the
painting operation. In the event Tenant determines that the scheduled Painting will interfere with Tenant's
operations, Tenant shall be permitted to erect temporary facilities on the property in a location satisfactory
to both Tenant and Landlord for the duration of the scheduled Painting and Tenant shall promptly remove
the temporary facilities upon Landlord's completion of the scheduled Painting. Tenant's temporary
facilities may include a cell on wheels. The Tenant will be advised a minimum of thirty (30) days before any
painting operation commences, so the Tenant may temporarily relocate its Antenna Facility, if necessary.
Tenant, upon written proof, shall reimburse Landlord for engineering services related to reviewing the plans and
inspections of the work. The amount for the services should not exceed $3,000.00, with payment made directly by the
Landlord with reimbursement provided by Tenant.
A bond of $5,000.00 shall be posted by the Tenant to cover the cost to remove the entire Antenna Facilities and restore
the Site, in the case of liquidation of assets by Tenant.
Tenant shall provide a landscaping stipend in the amount of $5,000.00 within thirty (30) days of exercising its option to
lease the Premises.
Paragraphs 1 (b), 4, 5, 6, 7 (a), 7 (b), 7 (c), 7 (d), 8 (e) and 15 shall be deleted in their entirety and replaced with:
I. (b) During the Option Period and any extension thereof, ahd during the term of this Lease, Landlord agrees to
cooperate with Tenant in obtaining, at Tenant's expense, ali licenses or permits or authorizations required for
Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without
limitation, zoning and land use authorities, and Federal Comuaieation Commission ("FCC") (the "Government
Approvals"), including appointing Tenant as agent for all land use and zoning permit applications, and Landlord
agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title repo~ zoning approvals and
variances, land-use permits, and Landlord expressly grants to Tenant a right of access to the Property to perform
surveys, soils tests, and other engineering procedures or environmental investigations on the Property, necessary
to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system
design, operations and Govemmcot Approvals. Landlord and Tenant agree that the signing of the Lease does
not relieve the Tenant of duty to file for the necessary zoning and building permit approvals. During the
Option Period and any extension thereof, Tenant may exeemise the Option by so notifying Landlord in writing, at
Landlord's address in accordance with Section 12 hereof.
4. Rent. Tenant shall pay Landlord, as rent twenty-one hundred and no/100 dollars ($2,100.00) per month ("Rent").
Rent shall be payable in advance beginning on the Commencement Date prorated for the remainder of the month
in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of
each month to Village of Mount Prospect at Landlord's address specified in Section 12 below. If this Lease is
terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination for
any reason other than a default by Tenant, and all prepaid Rent shall be immediately refunded to Tenant. Rent
shall be increased by three percent (3%) annually during the Initial Term of this Lease and three percent
(3%) annually during each Renawal Term.
5. Renewal. Tenant shall have the right to extend this Lease for five (5) additional, five-year terms ("Renewal
Term"). Each Renewal Term shall be on the same terms and conditions as set fotth herein. This Lease shall
automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's
intention not to renew this Lease at least sixty (60) days prior to the expiration of the Initial Term or any Renewal
Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any RenewaI Term
Site Number: CH13146A
Site H~c: Mount Prospect Water Tower
Markct: Chicago
8/4/2000
without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and
coniditioas of this Lease.
7. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal
property and facilities necessary to operate its communications system, including, without limitation, radio
transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and
related cables and utility lines (collectively the "Antenna Facilities"). Tenant shall have the right to replace or
enhance the Antenna Facilities at any time during the term of this Lease, as long as any enhancements do not
conflict with Landlord's use of the water tower. Tenant shall cause all construction to occur lien-free and in
compliance with all applicable taws and ordinances. The Antenna Facilities shall remain the exclusive property of
Tenant. Tenant shall have the right to remove the Antenna Facilities at any time during and upon termination of
this Lease.
7 (b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities,
including without limitation, the construction ora fence, if approved by Landlord, such approval not to be
unreasonably delayed, withheld, or conditioned.
7. (c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereat~er located on the
Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and
casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in
good, usable condition, except for normal wear and tear and casualty loss.
7 (d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
Property (including, but not limited to, the installation of emergency power generators, at a location approved by
Landlord, such approval not to be unreasonably delayed, withheld, or conditioned.) Any installation of an
emergency power generator shall not interfere with the quiet use and enjoyment of adjacent properties.
Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall,
wherever practicable, install separate meteres for utilities used on the Property. In the event separate meters are
not installed, Tenant shall pay the periodic charges for ail utilities attibutable to Tenant's use. Tenant shall have
the right to install necessary conduit and sleeving from the roof to the point of connection within the Building.
Landlord shall diligently correct any variation, interruption or failure of utility service.
8. (e) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged
so as in Tenant's reasonable judgement to substantially and adversely affect the effective use of the Antenna
Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or
destmctlon, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant, for only the
preceding month. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and/or
Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or
15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the
Easement to any person or business entity which is authorized pursuant to and FCC licensed to, operate a wireless
communications business, is a parent, subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or
purchases more than fifty (50) percent of either an ownership interest in Tenant or the assets of Tenant in the
"Metropolitan Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in which the
Property is located. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder
and Landlord shah look solely to the assignee for performance under this Lease and all obligations hereunder.
Tenant may sublease the Premises, upon written notice to Landlord. Tenant may otherwise assign this Lease upon
written approval of Landlord, which approval shall not be unreasonably delayed, withheld, conditioned or denied.
Failure of assignee to accept all provisions of this Lease shall be cause for termination and removal of the
Antenna Facilities.
LANDLORD:
PrintedName: Michaele W. Skowron
Its: Mayor Pro Tem
Date: ~-/6. - erg~
Site Number: CH 13146A
Si~¢ Name: Mount Prospect Water Tower
Market: Chicago
EXHIBIT A
Legal Description
The Property is legally described as follows:
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
MERI[3tAN IN COOK COUNTY, ILLINOIS.
Site Number: CHI3146A Rev. 1/o0
Site Name: Mount Prospect Water Tower
Market: Chicaf, o
EXHIBIT B
The location of the Premises within the Property (together with access and utilities)
is more particularly described and depicted as follows:
Site Number: CIt13146A Rev
Market: _C_hlcago B~ I
Notary for Landlord]
[Notary block for Corporation, Partnership, Limited Liabilitg Company[
STATE OF ,~$ ',n2W, '_5 )
COUNTY OF ~/~ ) ss.
)
T~is instru~nt was ac~owledged before me on~.~
h"(~/~ ~m ~4~ of~./]~, ~,~ ~oa~,~p~ 'aimun;ei~a]~
behalf of said [0 ~ F [nam~ofenti~]. t
Dated: ~ ~ / 6 "~'~
~ Print Name
"OFFICIAL SEAL" My co~ission expkes
VELMA W. LOWE
No~ Public, State of I~linOiSo0
~ My Cemmis¢~ Expires 09/19/
(Use this space for notary stamp/seal)
[Notary block for Individual]
STATE OF )
COUNTY OF )
This instrument was acknowledged before me on by
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notmy stamp/seal)
Site Number: CHI3146A Rev.
Site Name: Mount Prospect Water Tower
Market: Chicagfi C-2
Comparisons for Water Tower Leases
Proposed Rent Existing Rent
VoiceStream Sprint PCS
Annual 3% Annual 3%
Increase Year Increase
1998 $ 24,000
1999 $ 24,72O
(2000) $ 25,200 2000 $ 25,462
2 $ 25,958 2001 $ 28,225
3 $ 26,735 2002 $ 27~012
4 $ 27,537 2003 $ 27,823
5 $ 28,383 2004 $ 28~857
6 $ 29,214 2005 $ 29,517
7 $ 30,090 2008 $ 30,402
8 $ 30,993 2007 $ 31,315
9 $ 31,923 2008 $ 32,254
10 $ 32~880 2009 $ 33,222
11 $ 33,887 2010 $ 34,218
12 $ 34,883 2011 $ 35,245
13 $ 35,929 2012 $ 36,302
14 $ 37,007 2013 $ 37,391
15 $ 38,117 2014 $ 38,513
16 $ 39,261 2015 $ 39,668
17 $ 40,439 2016 $ 40,858
18 $ 41,652 2017 $ 42,084
19 $ 42,901 2018 $ 43,347
20 $ 44,188 2019 $ 44,647
21 $ 45,514 2020 $ 45,986
22 $ 46,879 2021 $ 47,366
23 $ 48,286 2022 $ 48,787
24 $ 49,734
25 $ 51,226
$ 918,773 $ 875,022
08/04/2000