HomeMy WebLinkAboutRes 10-01 03/20/2001 WL
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RESOLUTION NO. 10-01
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
BETWEEN SPRINT PCS AND THE VILLAGE OF MOUNT PROSPECT
FOR THE INSTALLATION OF A WIRELESS ANTENNA AT 1700 WEST CENTRAL ROAD
WHEREAS, the Village of Mount Prospect is the owner of property located at 1700 West Central
ROad; and
WHEREAS, the property referenced herein is used for the operations of the Mount ProspeCt Public
Works Department; and
WHEREAS, it has been determined that the best interests of the Village would be served by leasing
ground space on the property to Sprint PCS for the purpose of installing a wireless antenna and
necessary ground support devices on said property.
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 Sprint PCS and the Village of Mount Prospect for the
purpose of permitting a wireless antenna and necessary ground support devices to be located on
the Village owned property located at 1700 West Central Road, a copy of the lease 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, Lohrstorfer, Prikkel, SkowrOn, Wilks
NAYS: None
ABSENT: CorCoran
PASSED and APPROVED this 20th day of March, 2001.
ATTEST:..///] j .~/ ~/_.2/'' I .., Mayor :
Velma W./Lowe :?/ ·
Village Clerk
PCS SITE AGREEMENT
April 99
Site Name Voicestream Mt. Prospect Site I.D. CH54XC900J
and Use. Owner ]eases to SpdntCom, Inc., a Kansas[IofthJ~'~ comply with all applicable laws relating to its possession snd use
Premises
corporation ("SpdntCom"), the site described below:
[CI3eck appropriate box(es)] ~Co~m will resolve technical interference problems with
[] Land consisting of appruximately 675 square feet upon which SprintCom he~[~;~il~a~i~/~the Sits on the Commencement Date or any
will construct its [] equipment base station and [] antenna structure; equipment~at beco,~r attached to the Site at any future date when
[] Suilding interior space consisting of approximately square feet; SprintCom desires tc/~:~d additional equipment to the Site. Likewise, Owner
[] Building exterior space for attachment of antennas; wi]] not permit or s~/fer the installation of any future equipment which (a)
[] Building exterior space for placement of base station equipment; results in technicat interference problems with SprintCom's then existing
~ Tower antenna space between the foot and __ foot ]eve] on the equipment or (b) encroaches onto the Site.
Tower;
[] Space required for cable runs to connect PCS equipment and antennas, 10. Utilities. Owner represents that utilities adequate for SpdntCom's use of
the Site are available. SprintCom will pay for all utilities used by it at the Sile.
Owner will cooperate with SprintCom in SprintCom's efforts to obtain utilities
in the ~ocation(s) (~Site") shown on Exhibit A, together with a non-exclusive from any location provided by Owner or the servicing utility, including signing
easement for reasonable access thereto and to the appropriate, in the
discretion of SprintCom, source of electric and telephone facilities. The Site any easement or other instrument reasonably required by the utility company.
will be used by SpdntCom for the purpose of installing, removing, replacing, 11, Termination. Except as otherwise provided herein, this lease
modifying, maintaining and operating, at its expense, a personal Agreement may be terminated, without any penalty or further liabiIity as
communications service system tacility (~PCS"), including, without limitation, follows: (a) upon thirty (30) days written notice by Owner if SprintCom fails to
antenna equipment, cable wiring, beck-up power sources (including cure a detault for payment for amounts due under this lease and any Renewal
generators and fuel storage tanks), related fixtures and, if applicable to the Term; (b) upon thirty (30) days written notice by either party if the other party
Site, an antenna structure, SprintCom will use the Site in a manner which will commits a non-monetary default and fails to cure or commence curing such
not unreasonably disturb the occupancy of Owner's other tenants, SprintCom default within that thirty (30) day period, or such longer period as may be
will have access to the Site 24, hours per day, 7 days per week, required to diligently complete a cure commenced within that thirty (30) day
2. Term. The term of this Agreement (the "initial Term") is 5 years, period; (c) immed a ely f SprintCom notifies Owner of unacceptable results of
commencing on the date (~Commencement Date") both SprintCom and Owner any title report, environmental or soil tests prior to SprintCcm's installation of
have executed this Agreement. This Agreement will be automatically renewed the PCS facility on the Site, or if SprintCom is unab[e to obtain, maintain, or
for four additional terms (each a "Renewal Term") of 5 years each, unless otherwise forfeits or cancels any license (including, without limitation, an FCC
SprintCom provides Owner notice of intention not to renew not less than 90 license), permit or governmental approval necessary to the installation anti,or
days Rrior to the expiration of the initial Term or any Renewal Term, Each operation of the PCS facility or SprintCom's business; (d) upon ninety (90)
of SprintCom's options to extend will be deemed days writtan notice by SprintCom to Owner if the Site, or the PCS facilities are
automatically e_xerclsed without any action by either party or become unacceptable under SprintCom's design or engineering
unless SprintCom .~lives written notice of its decision not specifications for its PCS facility or the communications system to which the
to exercise any option(s) to Owner before expiration of the PCS facilities belong; and (e) at the time title to the Owner's property transfers
then current term. to a condeming authority, pursuant to a taking of all or a portion of the
property sufficient in SprintCom's determinabon to render the Site unsuitable
3. Rent. Until that date which is 30 days after the physical construction of the for SprintCom's use. Owner and SprintCom shall each be entitled to pursue
site begins, rent will be a one-time aggregate payment of $100.00, the receipt their own separate awards with respect to such taking. Sale of all or a part of
of which Owner acknowledges, Thereafter, rent will be paid in equal monthly the property to a purchaser with the power of eminent domain in the face of
installments of $750.00 (until increased as set forth herein), partial months to the exercise of the power shall be treated as a taking by condemnation.
be prorated, in advance. Beginning with year two (2) of the Initial Term, and 12. Default. If either party is in default under this Agreen~ent for a period of
each year thereafter, including though out any Renewal Terms exercised, the (a) 30 days following receipt of notice from the non-defat~lt[ng party with
monthly rent will be increased by three percent ( 3 %) over the previous year's respect to a default which may be cured solely by the payment of money, or
rent. (b) 30 days following receipt of notice from the non-defaulting party with
4. Title and Quiet Possession. Owner represents and agrees (a) that it is respect tO a default which may not be cured solely by the payment of money,
the Owner of the Site; (b) that it has the right to enter into this Agreement; then, in either event, the non-defaulting party may pursue any remedies
(c) that the person signing this Agreement has the authority to sign; (d) that available to it against the defaulting party under applicable law, including, but
SprintCom is entitled to access to the Site et all times and to the quiet not limited to, the right to terminate this Agreement. If the non-monetary
possession of the Site throughout the initial Term and each Renewal Term so default may not reaecnably be cured within a 30-day per[od, this Agreement
long as SprintCom is not in default beyond the expiration of any cure period; may not be terminated if the defaulting part7 commences action to cure the
and (e) that Owner shall not have unsupervised access to the Site or to the default within such 30-day per[od and proceeds with due diligence to fully cure
PCS equipment, the default.
5. Assignment/Subletting. Tenant shall have the right to sublease or assign 13. Indemnity. Owner and SprintCom each indemnifies the other against
i~ dgh[s under this Agreement without notice to or consent of Owner. and holds the other harmless from any and all costs {including reasonable
6. Notices. AIl notices must be in writing and are effective only when attorneys' fees) and claims of liability or ~oss which arise out of the ownership,
deposite~ in the U,S. mail, certified and postage prepe, id, or when sent vie use and/or occupancy of the Site by the indemnifying party. This indemnity
overnight delivery. Notices to SprintCom are to be sent to: SprtntCom, Inc., does not apply to any claims arising from the so~e neDligence or intentional
Aftention; Director-Network Real Estate, 1200 Main Street, Kansas City, misconduct of the indemnified party. The indemnity obligations under this
Missouri 64105, with a copy to Sprint Spectrum L.P., 9801 West Higgins Paragraph will survive termination of this Agreement.
Road, Rosemont, IL 60018, Notices to Owner must be sent to the address 14. Hazardous Substances. Owner represents that it has no knowledge cf
shown underneath Owner's signature, any substance, chemical or waste (collectively, "substance") on the Site that is
7, Improvements. SprintCom may, at its expense, make such improvements identified as hazardous, toxic or dangerous in any applicable federal, state or
on the Site as it deems necessary from time to time for the operation of the local law or regulation. SprintCom will not introduce or use any such
PCS system. Owner agrees to cooperate with SprintCom with respect to substance on the Site in violation of any applicable law.
obtaining any required zoning approvals for the Site and such improvements. 15. Subordination and Non-Disturbance. This Agreement is subordinate to
Upon termination or expiration of this Agreement, SprintCom may remove its
any mortgage or deed of trust now of record against the Site. However,
equipment and improvements and will restore the Site to substantially the promptly after the Agreement is fully executed, Owner will use diligent efforts
condition existing on the Commencement Date, except for ordinary wear and to obtain a non-disturbance agreement reasonably acceptable to SprintCom
tear and casualty loss. from the holder of any such mortgage or deed of trust.
8. Compliance with Laws. Owner represents that Owner's property {includ- 16. Taxes. SprintCom witl be responsible for payment of all personal
ing t~e Site), an(~ all improvements located thereon, are in substantial property taxes assessed directly upon and arising solely from its use of the
compliance with building, life/safety, disability and other laws, codes and communications facility on the Site. SpdntCom wilt pay to Owner any
regulations of applicable governmental authorities. SprintCom wilt
[:SprintChicago/Lease9OOJ 030601
increase '~n real property taxes attributable solely to any improvements to the OWNER: Village of Mount Prospect
~ Site made by SprintCom within 60 days after receipt of satisfactory
documentation indicating calculation of SprintCom's share of such real estate By: V~
taxes and payment of the real estate taxes by Owner. Owner will pay when ount Prospec
OwnerdUe ali other real estate taxes and assassin eh ts attributable to the property Ofof which the Site is a part.
17. Insurance. SprintCom will procure and maintain commercial general
liability insurance, with limits of not ]ess than $1,000,000 combined single limit
per occurrence for bodily injury and property damage liability, with a certificate ~ ,~00~ O
of insurance to be fumished to Owner within 30 days of written request. Such S.S./TaxNo.: -
policy will provide that cancellation will not occur without at least 15 days prior
written notice to Owner. Each party hereby waives its right of recovery Address: 100 South Emerson Street Mount Prospect, Illinois 60056
against the other for any loss or damage covered by any insurance policies
maintained by the waiving party. Each party will cause each insurance policy
obtained by it to provide that the insurance company waives all rights of ~./.
recovery against the other parhj in connection with any damage covered by Date:L_~/~
such policy.
18. Maintenance. SprintCom will be responsible for repairing and
maintaining the PCS system and any other improvements installed by
SprintCom at the Site in a proper operating and reasonably safe condition; SPRINTCOM, iNC., a Kansas corporation
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
the reasonable costs incurred by SprintCom to restore the damaged areas to By:
the condition which existed immediately prior thereto. Owner will maintain and
repair all other portions of the property of which the Site is a part in a proper its:
operating and reasonably safe condition.
19. Mlseeltaneoua. (a) This Agreement applies to and binds the heirs,
successors, executors, administrators and assigns of the part[es to this
Agreement; (b) this Agreement is governed by the laws of the state in which Date:
the Site is Iccateq; (c} If requested by SpdntCom, Owner agrees promptly to
execute and deliver to SprintCom 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
between the parties. Any amendments to this Agreement mast be in writing
and executed by both part[es; (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
held invalid er unenforceable, will not be affected and each provision of this
Agreement will bo 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 ent~ed
to receive its reasonable attorneys' fees and other reasonable enforcement
costs and expenses from the non-prevailing party; and (g) prior to
commencing its work, SprintCom shall furnish to Owner a $5,000 bond or
other security acceptable to Owner assuring the faithful performance of its
obligations hereunder, including but not limited to the cost of removing
SprintCom's Antenna Facilities and to restore the Site to the condition existing
on the Commencment Date, except for ordinary wear and tear and casualty
loss, in case of liquidation of assets by Spr[ntCom.
20. Non-Binding Until Fully Executed. This Agreement is for discussion
purposes only and does not constitute a formal offer by either party. This
Agreement is not and shall not be binding on either party unt[t and unless it is
fully executed by both pa~es.
The following Exhibits are attached to and made a part of this
Agreement: Exhibit A - Site Description and Exhibit S - Memorandum of PCS
Site~ Agreement
Attach Exhibit A - Site Description and Exhibit B - Memorandum of PCS Site Agreement
[:SprintChicago/LeasegOOJ 030601
EXHIBIT A Apr~ ss
Site Name Volce~'eam Mt. Prospect. PCS Site Agreement Site I. D. CH54XCg00J
Site Description
Site situated in the City of Mount Prospect, County of Lake, State of Illinois, commonly described as I'ollows:
1700 West Central Mount Prospect, IL 60056
PIN NO. 03-33-300-078
Legal Description: SEE ATTACHED LEGAL DESCRIPTION
NORTH
5ketch of Site:
wner Initials~. _ SIGN
EXHIBIT A April 99
Site Name: PCS Site Agreement Site I. D.
Legal Description Attachment
LOT 2 IN MELAS ]~SU~DIVISION, BEING A RESUBDIVISION OF PART OF LOT 'D' IN
KIRCHOFF'S SUBDIVISION OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT T~]~I~EOF RECORDED JULY 31, 1987 AS
DOCUMENT NO. 87420862, IN COOK COUNTY, ILLINOIS.
I:SprintChicago/Lease9OOJ 030601
fter recording please return to:
SprintCom, Inc.
9801 W. Higgins
Rosemont, IZ 60018
Site No.: CH54XC900J
RECORDER'S STAMP
Memorandum of PCS Site Agreement
version t EXHIBIT B March 97
Site Name: Voicestream Mt. Prospect PCS Site Agreement Site I. D, CH54XC900J
This memorandum evidences that a lea~.~'~.,gde end entered into by written POS Site A,,,g, reement dated ,/~ ,~/ ,
Pro~:~ct, Cour~ of Lake, State of Illinois, within the properly of Owner which is described in Exhibit A attached hereto, with grant of
easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on
,20__, which term is subject to four (4) additional five (5) year extension periods by SprintCom.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
"OWNER" /~ "SprlntCom'
Name: Villaqe of Mount Prospect Name:
Title: '-~"] ~tre~e~/' Title:
a~.7/~/,~....~i ountAddress: 100 Scut E"~e ;on...S et~ Prospect, Illinois Address: 9801 West Higgins Read, Rosemont, iL 60018
Owner Initi /~ ....
SIGN
SprintCom InitiaLs ~
A~ach Exhibit A - Site Description
I:SprintChicago/Lease9OOJ 030601
EXHIBIT A A.r,199
~ Slt~ Nanle Volcanism Mt. Prosi3ect____--.---- PCS Site Agreement Site I. D, CH54XCgOOJ
Site Description
Site situated in the City of Mount Prospect, County of Lake, State of Illinois, commonly described as lollows:
1700 West Central Mount Prospect, IL 60056
PiN NO. 03-33,300-078
Legal Description: SEE ATTACHED LEGAL DESCRIPTION
NORT~
Sketch of Site:
~., 3~'r,"X 1~t' 5'~
.
S~rintCom Initials.
[:Sprm[C~cago~ease900~ 03060I
EXHIBIT A April 99
Site Name: PCS Site Agreement Site I. D.
Legal Description Attachment
LOT 2 IN MELAS ~SUBDIVISION, BEING A RESUBDiVISION OF PART OF LOT 'D' IN
KIRCHOFF'S SUBDIVISION OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 11 EAST OF T~
THIP~D PRINCIPAL MERIDIAN, ACCORDING TO T~E P~AT THEREOF ~J~COP~DED JULY 31, 1987 AS
DOCUMENT NO. 87420862, IN COOK COUNTY, ILLINOIS.
I:SprmtChicago/Lcase9OOJ 030601
PRINTCOM, INC. NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20 , by
__, of
SprintCom, Inc., a Kansas corporation, who executed the foregoing instrument on behalf of such corporation.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC~--STATE OF
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COUNTY OF ~'~
The foregoing instrument was acknowtedged before me this ,~/,M'~ dayo, ~/.,~..z~.~ ,2(~ O'/,by
_Vilaqe of Mount Prospect ~/~ ~6 ~ ·
(OFFICIAL NOTARY SIGNATURE)
NOTARY pUBLiC--STATE OF
VELMA W LOWE ~
My commis ~~-~t~'~ (PRINTED, ~PED OR ~TAMPED NAME OF NOTARY)
[:Spdn~Chicago/Lease9OOJ 030601
EXHIBIT B ~-,~'~ April 99
Site Name Voicestrearn Mt, Prospect __ PCS Site Agreement ~,~.~¢"' Site I. D, CH54XC900d
MemorandUm of PCS Site Agreement
Continuation of Owner Signatures
"OWNE~~/~/~:..../,."' ~ "OWNER":
By:_ ~ ( ~ / / By:
Its: ~"/~ ~-'c~"//~*~ !/' Its:
S .... S/Tax No · , ' S.S./Tax No:
By: By:.
Its: its:.
S.S./Tax No.:. S.S,/Tax No.:.
By: By:,
Its: Its:.
S.S./Tax No.:, S.S./Tax No,:.
Owner Initia
SIGN
SprintCom Initials HERE
[:SprintClxicago/Lease9OOJ 030601