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Home My WebLink AboutRESOLUTIONS-2009-069-R-09N • 8/27/2009 69-R-09 A RESOLUTION Authorizing the City Manager to Execute an Amendment to the North Standpipe Lease Agreement Between the City and Sprintcom, Inc. WHEREAS, on October 28, 1997, the City entered into the North Standpipe Lease Agreement with Sprintcom, Inc., for the use of the North Evanston Water Tank located at 2536 Gross Point Road in connection with the provision of mobile communications services; and WHEREAS, Sprintcom, Inc., desires to execute an Amendment to the North Standpipe Lease Agreement ("Amendment No. 1 ") to allow the installation of two • new microwave dishes at the north standpipe site as depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Amendment increases the rent paid to the City by Sprintcom, Inc., by two thousand four hundred dollars ($2,400.00) annually and allows for a five percent (5%) increase in the base rent level per year thereafter; and WHEREAS, the term of the Amendment expires on the same date specified in the North Standpipe Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, contingent upon Sprintcom, Inc., obtaining a valid City • building permit, the City Manager is hereby authorized to sign, and the City Clerk hereby authorized to attest to, Amendment #1 to the North Standpipe Lease Ag,eement 0 M• 1 1• ("Amendment No. 1") marked as Exhibit A and attached hereto and incorporated herein. The original North Standpipe ge Lease Agreement is marked as Exhibit B and attached • p. hereto and incorporated herein. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 69-R-09 shall be in full force and effect from and after its passage and approval in the manner provided by law. U ey GrXene, City Clerk Adopted: ty Q A' , 2009 Eliiabeth B. Tisdahl, Mayor • n LJ IWAI • EXHIBIT A • • Amendment #1 to the North Standpipe Lease Agreement Between the City and Sprintcom, Inc. -3- Site Name: Evanston Water Tank Site ID #: CH03XC269 • AMENDMENT NO.1 TO NORTH STANDPIPE LEASE AGREEMENT This Amendment No. I to North Standpipe Lease Agreement ("Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain North Standpipe Lease Agreement between SPRINTCONI, INC., a Kansas corporation ("Lessee") and the City of Evanston, an Illinois municipal corporation ("Lessor"), dated October 28, 1997 (the "Agreement"). BACKGROUND WHEREAS, Lessee desires to allow its affiliates or joint venture partners to use some portion of Site for the deployment of advanced wireless services. At the time of this Amendment, the proposed design calls for the installation of two (2) dishes to be installed. Lessee and Lessor therefore desire to modify the provisions of the Agreement as provided below. AGREEMENT For good and valuable consideration the receipt and sufficiency of which is acknowledged, Lessor and Lessee agree as follows: 1. Modification to the Lessee Facilities. Exhibit A of the Agreement is amended to include the revised Exhibit A-1, consisting of lease drawings labeled T-1, Exhibit 1, Exhibit 2 and Exhibit 3, a copy of which is attached and made a part hereof. Upon full execution of this Amendment, Lessee is permitted to do all work • necessary to prepare, maintain and alter the Premises to install, modify or otherwise relocate the Lessee Facilities, all as more fully described and contemplated in Exhibit A- 1. 2. ExDiration or Termination of Sublease. If Lessee's sublessee or sublicensee (i) does not install, construct or add equipment to the Premises, or (ii) installs equipment, but later removes the equipment, then upon written notice to Lessor, Lessee may terminate this Amendment. After terminating the Amendment, the terms and conditions of the Agreement as they existed immediately prior to the Effective Date of this Amendment shall be deemed ratified, and shall continue in full force and effect. Rent shall revert to the amount in effect immediately prior to the Effective Date of this Amendment, plus any rental increases, including annual escalators or rent increases due to other site modifications made by Lessee, which occurred during the period of time between the Effective Date of this Amendment and the termination date of this Amendment. 3. Modification to Rent. In consideration for the revisions contemplated by this Amendment, effective upon the first day of the month following the date the facilities are modified , the monthly rent will be increased by $100.00 per microwave dish. It is hereby noted that the current lease agreement with Sprint requires the rent to be paid annually (on October 28`hof each year). Therefore the proposed annual rent will increase $1,200 per microwave dish per year. It is also noted that the Rent Increase amount is subject to the 5% annual increase as per the prime lease. In the event the new microwave dishes are not installed by October 28, 2009, then the rent for the dishes shall be calculated at $100/month effective upon the first day of the month following the date the facilities are modified for the first year they are installed. 0 4. Lessee's Notice Address. Lessee's notice address in Section 21(e) of the Agreement is hereby deleted in its entirety and replaced with the following: • Sprint/Nextel Property Services Mailstop KSOPHTO 10 1 -Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 With a mandatory copy to: Sprint/Nextel Law Department Mailstop KSOPHTO 10 1 -Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn.: Real Estate Attorney" 5. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement. (b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth below, all provisions of the Agreement are ratified and remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represent and warrant that they have the right, power, legal. capacity and authority to enter into and perform their respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** 0 The parties have executed this Amendment as of the Effective Date Lessor: Lessee: City of Evanston, an Illinois municipal SPRINTCOM C., corporation a Kansas orpor ion By: �✓ .. fit' (7A By: Name: &1464V -z. name: Jeannine Millard Manager Rea! Estate Title: �'� 7`y ,h/� �� '�� Title: Date: Date: • • u Exhibit A-i • LAIM PARCM, DE SC R ON NORTH EVANSTON WATFR TANK 2'536 GROSS POINT ROAD LOT I (EXCEPT THE IE NORTH 170 FEET THEREOF) IN EVERT AND SOHAEFER'S SUBDIVISION OF PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 10, TOWNSMP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. L� 0 SHEET INDEX PROJECT SUMMARY NO, clearw re DESCRIPTION TNTITLE 5uEET EX -I SITE PLAN I ® I Iclearw re SITE NAME. XIL1163R("IYCa6-A) SITE NOr IL-CNI5i% V1irvlf!i 5, t,roF0 l Q`` , 5600 9 RIVER RD.S I EX-T E14LAFZGED SITE PLAN I 3L EY.-31517E ELEVATION I 51T D A —mod`" ��5S L ®ROAD MOOSUIT RDBEMONT, IL 6®01B (841) 318.3000 i pY COUNTY,bCOac �gT II '1 - •' •p 'I,-r 9.,.+,' LENDLGE4L. CITY OF EVANSTON SITE COORDINATES(FROM CLEAWSIONA LA NUDEr N 42jM3S4• (NAP 63) N-8113074' (NAP 03) I I I I I I 51TE NAME ZoNw— JURSDICTION EVANST04 002211 ru.nFe scFFn®u I I I S100 IU HIG6PLs RD. BUILD6Y CODE 15C, 7003 EDITION SUITE ROSEMONT; ILLINOIS 600M.18 541-ZWWo -0200 ELECTRICAL —__ NEC, R005 EDITION FAXr 2W-0705 DESIGN FIRM NO. 104-00I4SB I 517E NUMBER 1� I A6 i .FFlro�eo eT, MIS I I I 104-0-M Dow LA DRIVING DIRECTIONS [�PARTF AEI, (ZFF�CJt ENGINEER'$ LICENSE I 5_6JJ01�' j�,iyER RD ROSE^�O� �L_6_001B I START GOING N. RIVER b. TAKE M16W ONTO I-190 TOWARDS 1-190/CNICAGO. AT EX47 04. TURd TOWARDS LAWRENCE AVE. TURN I CERTIFY THAT THESE ORAWMG WERE PREPARED BY ME I I} LEFT /NORTw ONTO SR-50 IN CICERO AVE I TURN R*WT /EAST` ONTO W F05'ER AVE TAKE RAI-IP !LEFT) ONTO EVENS E%—. 517E ADDRESS OR UNDER MY DIRECT SUPERNSION AND CONTROL, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF COMPLY I-ga.nILWAUKEE AT EXIT BOLD ILIITW THE REQUIREMENTS OF TUE INTERNATIONAL BUILDING ORCWATOWARDS OLD CDC ST 014T OLD TI1RN RKa'-1T /EAST) ONSO OLD OR;.'uARD CODE. 2003 EDITION LICENSED ENOMR - STATE OF ILLINOIS EAR LED IN RD BEAR LEFT /NORTu-E45T: ONTO GR059 POINT RD ARRIVE A' TUE SITE 2536 GROSS POINT ROAD LICENSED ENGINEER -STATE OF ILLMOIS EVANSTON, IL 60202 m PROJECT TYPE BACKHAUL PROJECT SITE NAME VICINITY MAP ( XILII63f;Z PROJECT TEAM (CI-{falYCl96-A) � SITE AQUISITION t et 'T14 m- ClearW•re' i:: .; SITE NO. .... � CONSULTANTS w nEva�nFc n.nu - S100W.H166INSRD.5600 N.RIVER RD. R05EMONT, ISUITE L 600I0 635 REMMGTON RD. ROSEMONT, ILLN015 600ie SUITE A SITE ADDRESS IBd11 918- 000 TEL, 8414W-0200 3 ECYdIPIBURG. IL 60179 B41-T92-0705_A22LI�C{L TTE 841>SFAX. 7636 CdQOI POM ROAD PROJECT dNdCTER FnYIIJFCIq EVANSTQIL U. bOtwEXPIRES, /CEN7RAl -.ICAP ACCESS REO'J.EN- ARE NOT REOURED SIGNED, SWEET 14.417EscoPE of APPROVALS FACILITY IS UNMA NED AND NOT FOR WUMAN • NEW CLEARWIRE ANTENNAS AND BACKHAUL DISHES TITLE WABITATION INSTALLED CN EXISTING WATER TANK ICLEARWIRE CONST. .- NO PLUMBING OR REFRIGERANTS NEW RE EQUIPMENT INSTALLED GN NEW STEELICLEN2UIFE RF DATESHEET PL 1FOEfd'1 THIS FACILITY SHALL MEET OR EXCEED ALL FAA AND FCC REGULATORY REQUIREMENTS JPATEFACILITY IGLEAf . OPS DATE LANDLORD DATE SHEET NIFIBER SCALE • ACON9'TR1CtIOJ MS�gLOL4T ON GIIIDEWMNt" ARWIRE T I DRAU qG SCALED TO IIII xI'I11 - ABBREVIATIONS AAV ALTERNATE ACCESS VENDOR AFF ABOVE FINISHED FLOOR AGL ABOVE GRADE LEVEL 4MSL ABOVE MEAN SEA LEVEL I, AFPROX APPROXIMATE ALLG APIERICAN U�RE &AWE BLDG BUILDING BTS BASE TRANSMISSION STATION CAB CABINET COL COLUMN X GONG CONCRETE CND CONDUIT DIW DRAWING T FOOT (FEET) EGB EOUI-TE-NT GROUND BAR EEO ELECTRICAL 1 ELEV ELEVATION EMT ELECTRICAL META"IC TUBING EQUIP EQUIPMENT /E) MISTING MD FOUNDATION GALV GALVANIZED PD GROUD i G 5 IN GLOBAL POSITIONING 5l5TE' NCWE51 5 /.) MOUNDi SI Ax AxIMU- X MFR MGB MANUFACTURER M45TER GROUND BAR I N /N) NEWEw NEC NATIONAL ELECTRICAL CODE NOM NOI"N NTS NOT *O SCALE I O OVERYEAD ELEC*RIC/TELCO j '-'AScls PCSIYIOJ RG5 RIGID GALVANIZED STEEL I S: 5CUARE -DO- STL STEE, 1 B OT' BOTTOM TIED TOP O Be DETERMNED TYF TYPICAL DENT UNO UNDERGROUND ELECTRIC/TELCO UNLESS NOTED OTHERW9E X VF VERIFY IN W' M_ YFMR TRANSFORMER I SYMBOL5 a CENTERLINE i TeFLATE L REVISION Q) wK FONT 1 T UTILITY POLE BRICK COMPRE55ED STONE F' . -.. - .: -" ": d CONCRETE 6r" 1 J�`a7�`TMa EARTH r^�^�•,��.^,+^_,,",�^,d GRAVEL MA5ONRT STEEL CENTERLRNE PROPERTY LINE — — — LEA5E LINE — — EASEMEM LINE CYAN LIW FENCE 0 D WOOD FENCE —UE— BELOWGRADE ELECTRIC —UT— BELOW GR!D TELEPHONE —OEIOT-- OVERHEAD ELECTRIC/IELEPHONE L�.L SECTION REFERENCE SITE PLAN X -'n- EXISTING BPRMT/GLEARWF'.E GAP CABINETS ON STEEL PLATFORM .. EXISTING T-MOBILE CABINET •:: • %•: . • ON CONCRETE PAD II CLISARIUIRE BAC WAIN ECLFPSM INSIDE CL.EARIMPE —EXISTING CNAN LINK II II CABMETB FENCE (TYP) I I (2)NEW CLEAFWRE. _- BACKHALL DISH ANTENNAS X (AZIMUTH TIED) — EXISTING EXISTING BELOW GRADE BUS14 CONDUIT W/CO" CABLES (TYP.) AREA 7 EXISTING ANTENNAS (TYPJ /EY.ISTING -" ' — ' — EXISTING HANDRAIL -MV EXISTNG 9FRI11/CLEARII➢RE ANTENNAS 1 IUATER TANK J / (3 PER SECTOR) X S Fir EXISTING P' WIDE ACCESS GATE LEXISTIN BUILDIN ;\\a ,.. h. A L i, S SCALE, I• . 40'-0' I 1 clearwYe• V:Irele.^,s broadband � 3600 N RMER RD. SUITE 300 ROSEMONT. IL 600IS (041) NEE 3000 �i Pollaroo EglnminjC.ouulmb (� 9100 W. HIGGINS RD. WRE 800 ROSEMONT. ILLINOIS 60018 TEL, 841-292.0200 FAX. 841-292-0205 DESIGN FITB•I NO. IBA-002495 aeoQo DY• AG Ar*+emmEo eTI MD 6 Dare oemmlal Nr. I— 4-0-VB 004W JLAIF FI I I I I "m Olull9i. SITE NAM XI0163R . c (r-wolyc196 -A) SITE NO. IL-c1-115196 SITE ADDRESS 2536 GROW routr R240 a EVAWTCN, IL 60M SHEET NAME 61TE PLAN lw SWEET NISIMER EX-i 0 0 0 x x x x I I i 1 1 I EX19TIUG CHAIN LMK 1 x I11 4\ \ EXISTMG LLGOD cENCE I EXISTMG GRAVEL AREA \ EX19TMG SPRMT/CLEARWRE GM CABMETS ON STEEL PLATFC2M HM CLEAMUM DAC'1a46UL EQ P4 ENT 44MOE CLEARWRE CA65ETO EXISTMG BELOW GRADE CONDUIT 1 NEW CLEAMUIRE DELOW GRADE i IWGOAX CABLES x ccr•rourt UU CAREER I I EXISTMG WdNDRdIL -- II I I I I r I I I I I I I I I , I 1 x I 1 I , I , I I I II I ' I I I I EXISTING- j GRASS AREA / I I I I I I I I i I I ' I I I , I 1 I ' I l i l , I I I I I I I I I I ,.I I I I ,I I II ENLARGED SITE PLAN x /Ex15TING GRASS AREA (2) NM CLEAR IM 6'1OWAUL DION A4TEP#lAb (AZO'YTH TOO) (5) EXISTMG SPRMT/CLEARWRE A4rMNAS (3 PER SECTOR) 4XISTING WATER TANK x S MIMI! SCALE' 3/37' • 1'-" I 1 •- ` clearw're- hvn>les, brood-Nmtl 0 9600 N. RIVER RD. 6UITE 3L yt �9 00IB IL "41, �f j (541) 31. 318.3000 ta(�7t Polknm EI1641mMy Gamimm S,00 W NK.GM9 Rp. SUITE 000 RO.V" NT' ILLM019 6 . TELL OATd9t-tDYOO FAX, 841-M-0205 DESIGN FIRH NO. M-4-0=4W AG I� per, I C PAi! MOLXIRIPI 4-LFM eaamlr I I M. u I 1 I I 1 I t�t y'Y g 817E NAM X10163R (CN01YC19(v—A) SITE NO. IL—GI-115196 STTE ADDRESS 7836 GRDSS PONT ROAD EYANSTON. IL 0=02 SWEET NAM ENLARGED SITE PLAN SHEET NUMBER = EX-2 C OF EXISTING SPRIT/CLEARWIRE ANTENNAS H ELEV TS'-o" AOL 6 OF NEW NBU BACKWAUL D1814 ANTENNAS H ELEV.. 14'-0' AGi. EXISTING WATER TANK T ELEvEv . 0-0- ELEVATION -;--I - - - -1- -1- -I- - 1- -1 I -14 - - I- 4- A-1^4-�+ A - ' I ---I- - 1 -I- -I - -1-., 1' I II II I 1 I 1 1 I I 1 i 1 I 1 I 1 I I I I I I I 1 I � �\ Imo- `\\ \ EXISTING T-MOBILE CABNET5 ON CONCRETE PAD \\ EJASTWG BELOW GRADE GONDUR EXISTING GAIN LILAC FENCE LLVGOAX GABLES V— 0 EXISTING SPRIT/CLEARWRE CABINETS -..--.. ON STEEL PLATCORI•I clearw're .�irr. it: ;r. ±a.•z:l�;IfhT � 5600 I RRD. SATE 300 3L0 C ROSE IL 60018 J (841) T! 31 SID-30W ;r[yp0�y4 y7 71ffi rprj�tl PoSe.tmD�4Cmwbev C � 5100 UI. MC -.MS RD. SUITE 000 ROSEMONT, ILLINOIS 6000 TEL+ 041.252-0200 FAX. 841-252-0205 DESIGN FIRM NO. I04-00245D aeaao or, AG 4/'RDyFy DTr M15 K D4T! DCJO¢V1101 M. 4•b4! F]OiIOR LI 1 R DA71: 010.lD, SITE NAME XIL-1163R t (C-W0IYCI96-A) tt a SITE NO. IL-CI-115196 SITE ADDRESS 8% GROW 1-Ow ROAD EVANSTON, IL 60M Zf SNEE't NAT'� SITE ELEVATION SWEETTM -ORR �= EX-3 SCALE, NTS I 1 • EXHIBIT B • North Standpipe Lease Agreement Between the City and Sprintcom, Inc. • n U • NORTH STANIIPIEPE LEASE AGREEMENT This Lease Agreement ("Agreement") is entered into this J3 -F!4 day of VCT� BCk , 1997, between SPRINTCOM, INC., a Kansas Corporation ("LESSEE"), and the City of Evanston, an Illinois municipal corporation ("LESSOR"). In consideration of the mutual covenants contained herein and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and the water tank which is located on said parcel, as described in Exhibit "A" attached hereto. Subject to the terms and conditions contained in this Agreement, Lessor hereby leases to Lessee and Lessee leases from Lessor, a certain portion of the Land and water tank (the "Premises") as described in Exhibit B-1 attached hereto. The term "Premises" does not include "Lessee Facilities' which are personal property and which are defined in Paragraph 6 hereof 2. Use, The Premises may be used by Lessee in connection with the provision of mobile communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies, and for the construction, maintenance and operation of necessary facilities, including nine (9) panel antennas mounted on the water tank, concealing shield, base station, and space required for cable runs to connect Lessee's equipment and antennas. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's tended use of the Premises. 3. Tests and Construction. (a) Lessee shall have the right, with proper notice, following the full execution of this Agreement to enter upon the Land during normal working hours from 7:00 AM. to 3:30 P.M., Monday through Friday, for the purpose of making necessary engineering surveys and inspections and other reasonably necessary tests ("Tests"), if needed, and for the purpose of constructing the Lessee Facilities (as defined in Paragraph 6(a) below) and installing the Site Equipment (as defined in Paragraph 9(a) below) (collectively "Construction"). At least five business days prior to any Tests or Construction, Lessee will provide Lessor with a certificate of insurance naming Lessor as an additional insured and evidencing liability insurance in the amounts set forth in Paragraph 13 and a Liability Waiver/Indemnification as set forth in Paragraph 14 of this agreement. In any proposed Tests or construction, Lessee will notify Lessor of any proposed Tests or Construction, and will coordinate the scheduling of same with Lessor as well as cooperate with Lessor so as to minimize any interference with the business operations currently conducted by Lessor on the Land. (b) Sprinteom will white metal blast interior of pilaster, to be used as cable carrier, to Steel Structures Paint Council specification SP-10 with a: Prime coat of Tnemec Series 65-1212 Chicago Grey Poxiprimer or Series 160- 1212 Chicago Grey Tnemec - Fasprime within 12 hours maxinmm open time - this coating to be applied at a dry film thickness of 2.0 mils per coat. Intermediate coat to be Tnemec Series 66 I-1i Build Epoxoline or Series 61 Tnemec Faseur in a color that contrasts with the color of the finish coat. This coating shall be applied at a dry film thickness of 2.0 mils. Finish Coat - Apply one complete coat of "Beige" Tnemec Series 74 Endura-Shield III. This coating !all be applied at a dry film thickness of 2.0 mils per coat. r\ u 4. Term. The term of this Agreement shall be ten (10) years commencing on the date of execution of this Lease Agreement ("Commencement Date") and terminating on the tenth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 11. Lessor and Lessee agree to execute a document evidencing such Commencement Date. Lessee shall have the right to extend the Term for Four (4) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein, plus the additional payment set forth in Section 5 (e) below. This Agreement shall be extended for each successive Renewal Term unless Lessor or Lessee notifies the other not less than sixty (60) days prior to the respective expiration date of Lessor's or Lessee's intention not to extend such Term or Renewal Term. Rent: Maintenance: Call Out Fees. (a) Within 30 days of the Commencement Date and on each anniversary thereafter annually in advance, Lessee shall pay to Lessor as rent, the sum of Eighteen Thousand Nine Hundred and 001100 Dollars ($18,900.00) per year ("Rent")Rent shall be payable to Lessor at City of Evanston, Attention: Finance Director, 2100 Ridge Avenue, Evanston, Illinois 60201. (b) On each annual anniversary of the Commencement Date, Lessee shall pay the then current Rent, increased by an amount equal to five percent (5%) of the Rent for the previous year. (c) if this Agreement is terminated by Lessee prior to its expiration, annual rent and maintenance fees already paid shall be forfeited to the Lessor. (d) For Lessee's access, for any reason, at hours other than 7.00 A.M. to 3:30 P.M., Monday through• Friday, Lessee shall compensate Lessor at the Call out rate, per employee call out, in the current Union Contract at the scale for Master Mechanic. Lessee shall reimburse Lessor for said call out rate within 21 days after being invoiced therefore. Lessee's failure to pay said invoices may, at Lessor's option, constitute an event of default. Ail costs related to emergency calls other than normal working hours unist be reimbursed to the Water & Sewer Division of the City of Evanston. (e) Lessee shall pay the Lessor Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) upon each five (5) year contract signing (for tank maintenance and painting charges), but Lessee shall not be limited to this financial responsibility if additional charges are incurred by the Lessor that are attributable to the Lessee's actions or equipment. In the event of such additional charges, Lessee shall pay same within 30 days of the date of Lessor's invoice. 6. Imnrovements: Liabilitv: Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Premises wireless communications facilities, including nine (9) panel antennas mounted on the water tank, concealing shield, base station, utility lines, and space required for cable runs to connect Lessee's equipment and antennas thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission limes connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee's Facilities shall remain Lessee's personal property and are not fixtures. 2 Oessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Term or any Renewal Term; provided, Lessee repairs any damage to the Premises caused by such removal and Lessee restores the Premises to their original condition at Lessee's sole cost and expense excluding normal wear and tear and loss by casualty or other reasons reasonably beyond Lessee's control. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than ten (10) feet below ground level. At the termination of the Lease, Lessor, in its sole discretion, may accept any portion of the Lessee Facilities that Lessee desires to donate to the Lessor. The "Lessee Facilities" shall be constructed in accordance with the Site Plan, attached hereto and made a part hereof as Exhibit C. (b) Lessee shall be required to have a separate underground electric supply. Lessee shall, at its own expense, obtain electrical service from any utility company that provides electric service to the Premises. Lessee shall install a separate meter and main breaker. Lessee shall pay for the electricity it consumes in its operations. Lessee has the right to install new utilities (including a standby power generator for Lessee's exclusive use at a location on the Premises acceptable to both parties). Lessee also has the right to bring underground utilities across the Land in order to service the Premises. The location of the underground utility lines shall be as required by Lessee and the applicable utility company. Lessee shall pay all of the Lessors costs related to said easements, for the restoration of the Land to its condition prior to the installation of the utility lines, (excluding, however, normal wear and tear and loss by casualty or other reasons reasonably beyond Lessee's control) and attorneys fees to a maximum of four (4) hours at the billable rate in effect at the time the service is rendered, however, said limit shall not apply in the event of litigation between the Lessor and Lessee on any of the terms of this lease. . The antenna must be mounted on a rail with appropriate brackets. The antenna must be painted the color of the water tank. Separate grounding for the antenna is required. All services required for the antenna must be underground. All cables are to be routed up the pilaster and mounted on the railing. Lessee's equipment is to be placed on a concrete pad (screw anchor foundation is acceptable). (c) Lessor shall provide to Lessee, Lessee's employees, agents and subcontractors access over the Land to the Premises. Lessee is responsible for locking the gates when leaving the site. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees of the Lessor. All operations by Lessee shall be lawful and in compliance with all Federal Communications Commission ("FCC") requirements. Lessee, prior to the execution of this lease, shall have made itself aware of the Lessor's and other of Lessor's Lessees' existing use of the airwaves and represents that its operations will not interfere with their uses. 0 8. Taxes. Lessee shall pay all applicable personal property, use or occupational taxes. Further, Lessee* shall timely pay any and all applicable real property taxes directly attributable to the for -profit use of the Premises and as assessed by the governing taxing authority upon its determination of the exact size and location of the Premises. As a condition of Lessee's obligation to pay such real property taxes, Lessor shall provide to Lessee a copy of the tax assessment from the taxing authority indicating such taxes are due to the for -profit use of the Premises. Lessee's obligation to pay any taxes associated with this Agreement shall terminate when Lessee has paid all such taxes assessed against the Premises for the period of time Lessee has the right, pursuant to this Lease, to occupy the Premises. Lessee and its agents shall have the right to challenge and contest the amount and validity, in whole or in part, of any real estate taxes levied (or of any assessed valuation which forms the basis of real estate taxes levied or to be levied) for which Lessee is responsible under this Paragraph or applicable law. Such challenge or contest may take place by whatever means are legally available or established from time to time by the relevant authorities, but Lessee shall exercise reasonable diligence in all proceedings in connection therewith. 9. Equipment. (a) Lessee shall provide all transmitters and receivers and all related electronic equipment ("Site Equipment") required for the installation and operation of Lessee's system. The Site Equipment is and shall remain the sole property of the Lessee and may be removed from the Premises at any time by the Lessee. Lessee shall remove all Site Equipment from the Premises at Lessee's expense upon the termination of this Agreement. (b) Lessee shall provide all of the equipment and labor necessary to the installation of Lessee's system including the antennas, associated lines, isolation equipment and electrical terminals. The equipment provided by Lessee shall remain the sole personal property of Lessee and shall not be deemed fixtures. • (c) Lessee shall, at its sole cost and expense, maintain and repair its Site Equipment. (d) Any change to the design of the antenna equipment or configuration must have prior Lessor approval. 10. Liens. Lessee agrees that no liens shall be placed on Lessor's property or funds in connection with Lessee's obligations hereunder. Lessor shall satisfy liens which are placed or threatened and shall have its remedy against the person(s) asserting the liens. 11. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (I) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (H) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary to the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation a take back of channels or change in frequencies; or (v) by lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference, provided if Lessee terminates this Agreement pursuant to clause (v) above, Lessee shall pay to Lessor, upon the effective date of termination, a termination fee equal to six (6) months of the Rent then in effect; (vi) by Lessor, if use of a water tank is no longer needed for, or in connection with Lessor's water services (in such event, Lessor is under no obligation to retain the* tank or to provide a location from which Lessee can conduct its activities); (vii) by Lessor, if in Lessor's sole 4 Odgement, Lessee's operations unreasonably interfere with Lessor's use of the airwaves for Public Safety Communications, if said interference remains uncorrected after three (3) business days after written notice thereof, or any extentions granted by Lessor, given the potential for interference with the provisions of police and fire services to the citizens of Evanston, the City may terminate with 24 hours notice to Lessee. If this agreement is terminated by Lessor as a result of such interference, annual rent and maintenance fees already paid shall be forfeited to the Lessor. 12. "Termination in the Event of Casualtv or Condemnation. (a) In the event of any damage, or destruction to the Premises or any part thereof which renders the Premises unusable or inoperable, Lessor or Lessee shall have the right, but not the obligation, to terminate this Agreement and all of its duties and obligations herein by giving written notice to the other within thirty (30) days after such damage or destruction. (b) if Lessee does not terminate this Agreement: (1) the Rent payable herein shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises; and (2) Lessee recognizes that the Premises are a City -owned water tank and that the decision to rebuild in the event of a casualty must be solely that of the City; (3) if the Lessee does rebuild, the design, plans, and location of the water tank are exclusively the City's decision; (4) that the City may relocate the water tank without any liability or obligation whatsoever to Lessee; (5) that the City is under no obligation to provide a location in lieu of the existing water tank from which lessee can operate its antenna and/or provide its services. (c) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its �erations on the Premises, this Agreement shall terminate as ofthe date title to the Land vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. Lessee shall be entitled to share in the proceeds of any condemnation award, and Lessee's share shall be limited to the value of any Lessee Facilities which are transferred to the condemning authority, moving expenses, prepaid Rent and business dislocation expenses. 13. Insurance. (a) Lessee, at Lessee's sole cost or expense, shall procure and maintain on the Premises and on Lessee's Site Equipment, bodily injury and property damage insurance with a combined single limit of at leasf One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees, and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessee shall obtain said insurance from a company with a Best's rating o= A, Class V1 or better. Lessor shall be named as a primary, non-contributory, additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph. 9 • (b) All insurance required under this Agreement shall: (1) Be issued as a primary policy; and (2) Contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy_ Each certificate of the policy shall be deposited with Lessor's Safety/Risk Administrator within thirty (30) days of the Commencement Date and, on renewal of the policy, not less than thirty (30) days before expiration of the term of the policy. 14. I,i3bility Waiver/Indemnification. In consideration of the rights and privileges granted to Lessee hereunder, Lessee hereby fully releases and discharges the City of Evanston, its officers, agents and employees from any and all claims from injuries, including death, damages or loss, which may arise or which may be alleged to have risen out of, or in connection with the granting of this Agreement. Lessee further agrees to indemnify and hold harmless and defend the City of Evanston, its officers, agents and employees from any and all claims resulting from injuries, including death, damages and losses, including, but not limited to the general public, which may arise or may be alleged to have arisen out of, or in connection with • this Agreement. 15. Assignment. Neither Lessor nor Lessee may assign or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of the other party, such consent not to be unreasonably withheld; provided, however, that Lessor or Lessee may assign its interest to its parent company, any subsidiary or affiliate or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets. 16. Premises. Lessee shall maintain the Premises and operate its facilities thereon in a manner as will best enable it to fulfill its service requirements, and in accordance with the specifications herein mentioned. Lessee shall maintain the Premises and Lessee Facilities thereon in accordance with all applicable local, state and federal laws. 17. Warranty of Title and Ouiet Eniovment. (a) Lessor warrants that: (I) Lessor owns the Land in fee simple and has rights of access thereto; (ii) Lessor has full right to make this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises; subject, nevertheless, to the terms and conditions of this Agreement. Lessor is prepared to document its interest in the Real Estate. 6 0 • (b) Lessor warrants that its making of this Agreement and its performance thereof will not violate any laws, ordinances, restrictive covenants, or the provision of any mortgage, lease, or other agreements under which Lessor is bound and which restricts the Lessor in any way with respect to the use or disposition of the Land. 18. Repairs. (a) Except as otherwise provided in the Lease, Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee, its agents, servants and employees. (b) Lessee understands that the City must repair and maintain the Premises. During such _times, the City may need to interrupt Lessee's operations or such activities may inadvertently result in interruption. To the best of the City's ability, it will provide Lessee with advance notice of its repair/maintenance activities and will attempt to minimize such interruption. In no event, whether related to repair or maintenance, or to any other cause, will the City be liable to Lessee in damages, whether consequential or otherwise, and Lessee will indemn&i the City of any judgements, fees, or costs incurred by the City as a result of the granting of this Agreement. 19. Lessor's Environmental Indemnitv. Lessor warrants that the Land has not been used for the generation, storage treatment or disposal ofhazardous substances or hazardous wastes. In addition, Lessor warrants that no hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyl's (PCBs) petroleum Or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks (collectively "Environmental Hazards") are located on or about the Land. For purposes of this Agreement, the term "hazardous substances" shall be as defined in the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. Section 9601 et seq.) (CERCLA), and any regulation promulgated pursuant thereto. The term "hazardous wastes" shall be as defined in the Resource Conservation and Recovery Act (42) U.S.C. Section 6901 et seq.) (RCRA), and any regulations promulgated pursuant thereto. The term "pollutants" shall be as defined in the Clean Water Act (33 U.S.C. Section 1251 et seq.), and any regulations promulgated pursuant thereto. In connection therewith, Lessor agrees to indemnify and hold harmless Lessee, Lessee's successors and assigns and Lessee's present and future officers, directors, employees and agents (collectively, Indemnities) from any and all penalties, fines, forfeitures, demands, damages, losses, claims, causes of action, suits, judgements, and costs and expenses incidental thereto (including cost of defense, settlement, reasonable attorney's fees, reasonable consultant and/or expert witness fees), which Indemnities may hereinafter suffer, incur, be responsible for, or disburse as a result of (1) any governmental action, order, directive, administrative proceeding or ruling; (2) personal or bodily injuries (including death) or damage (including loss of use) to any sites (public or private); 7 C. (3) cleanup, remediation, investigation or monitoring of any pollution or contamination of or adverse effects on human health or the environment; or (4) any violation or alleged violation of laws, statutes, or ordinances, orders, rules or regulations of any governmental entity or agency. (collectively "Environmental Liabilities") directly or indirectly caused by or arising out of any Environmental Hazards existing on or about the Premises, except to the extent that any such existence is caused solely by Lessee's activities on the Premises. 20. Lessee's Environmental Indemnit:v.. Lessee warrants that the Premises will not be used for the generation, storage, treatment or disposal ofhazardous substances or hazardous wastes. In addition. Lessee warrants that no hazardous substances, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated bipenyl's (PCBs) petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks (collectively "Environmental Hazards") will be located on or about the Premises. For purposes of this Agreement, the term "hazardous substances" shall be as defined in the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. Section 9601 et seq.) (CERCLA), and any regulation promulgated pursuant thereto. The term "hazardous wastes" shall be as defined in the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (RCRA), and any regulations promulgated pursuant thereto. The term "pollutants" shall be as defined in the Clean Water Act (33 U.S.C. Section 1251 et seq.), and any regulations promulgated pursuant thereto. Lessee .shall not bring to, transport across or dispose of any hazardous substances on the Premises or Property, except for fuel for Lessee's emergency power system. Lessee's use of such fuel shall comply with all applicable laws, ordinances, and regulations governing its use. Lessee agrees to indemnify and hold harmless, Lessor from any and all claims which may arise from Lessee's breach of the provisions of this paragraph. In connection therewith, Lessee agrees to indemnify and hold harmless Lessor, Lessor's successors and assigns and Lessor's present and future officers, directors, employees and agents (collectively, "Lessor Indemnities") from any and all penalties, fines, forfeitures, demands, damages, losses, claims, causes of action, suits, judgements, and costs and expenses incidental thereto (including cost of defense, settle, reasonable attorney's fees, reasonable consultant and/or expert witness fees), which Lessor Indemnities may hereinafter suffer, incur, be responsible for, or disburse as a result of: (1) any governmental action, order, directive, administrative proceeding or ruling; (2) personal or bodily injuries (including death) or damage (including loss of use) to any sites (public or private); (3) clean up, remediation, investigation or monitoring of any pollution or contamination of or adverse effects on human health or the environment; or • 8 • 4 an violation or alleged violation of laws statute o () Y g s, r ordinances, orders, rules or regulations of any governmental entity or agency. 21. Misceiianeous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties.. (b) 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 or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) The captions of this Agreement have been inserted for convenience only and are no to be construed as part of this Agreement or in any way limiting the scope or intent of its provisions. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return ,receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: City Manager City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 with copy to: Law Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 (847)-866-2942 Water & Sewer Superintendent Evanston Water & Sewer Division 555 Lincoln Street Evanston, Illinois 60201 Lessee: Sprintcom, Inc. 9801 Higgins Road - Suite 370 Rosemont, Illinois 60018 • Attention: Property Manager (847}384-2824 - 9 with copy to: Spriatcom, Inc. • 4900 Main Street - 12th Floor Kansas City, MO 64112 Attention: Associate General Counsel Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. (f) This Agreement shall be governed by the laws of the State of Illinois, with any litigation hereunder to be in Cook County, Illinois. (g) The parties shall cooperate in executing any documents (including, but not limited to, an Estoppel Certificate, a Memorandum of Agreement in the form annexed hereto as Exhibit B-2 and a Non -Disturbance and Attornment Agreement) necessary to protect Lessee's rights herein or Lessee's use of the Premises. Lessor acknowledges that a Memorandum of Agreement will be recorded by Lessee in the -Official Records of the County where the Land is located. Upon the expiration or earlier termination of this Agreement, Lessee agrees to record an agreement evidencing the termination of Lessee's interest in the Premises and to do so at its cost within 60 days of expiration/termination, and to provide a stamped copy of same to Lessor's Law Department. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ATTEST: CITY OF EVANSTON • BY pj) Kty V1 —� 4 Mary Ci ClerkRoger D. Crum, Manager Date: �C' 1 k'J�G 4� -2— Date: I / Z 8 // 57 Tax ID# 36--600S8-70 ATTEST: SPRINTCOM, INC., a Kansas Corporation By: Title: Area Manager j Date: /Vf 3/�% Date: 1 a I z� I � • 10 • NORTH EVANSTON WATER TANK, 2536 GROSS POINT ROAD LOT 1 (EXCEPT THE NORTH 170 FEET THEREOF) IN EVERT AND SCHAEFER'S SUBDIVISION OF PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 0 0 7 /Tom. Cj % 8 TG fi -- RE G, 15GA,R 14 A'Z.EA — 24 i k' Exhibit B-1 • A,. y�•..ea/u° • SF2tw,T Yc5 �v� P..•tEs..tf b rr � r COAY T� w A.JTLNNA�s 179 CToiL Z 124, jECTeR'� _ 24o' i , • ii is r S, �: • �. 14o2Ty Eva-NSTOH' V*7'ffP, TANK ZSS(o G,V425,-i -i o.. -r Row Ev►.,..Srrb�J� ZL.. G oo'�� t N ATrG�7 • 477. q J41zizy FiSFlEQ 8-7 - u3 — 94.8 5p2A-T �c5 8/g/97 • EXIMIT R-2 MEMORANDUM OF AGREEMENT. Pagel of 2 This Memorandum of Agreement is entered into on this Z.$ ?-� day of Da % 6 C k 1997, by and between the City of Evanston; an Illinois municipal corporation, with an office at 2100 Ridge Avenue, Evanston, Illinois 60201 (herein referred to as "Lessor") and SPRINTCOM, a Kansas Corporation, with an office at 9801 Higgins Road, Suite 370, Rosemont, Illinois 60018 (hereina$er referred to as "Lessee"). 1. Lessor and Lessee entered into a Lease Agreement ("Agreement") on the Z g day Of C'C-Tz i3 r')(' ) 1997, for the purpose of installing, operating and maintaining a radio communications facility and other improvements at the North Standpipe Site, 2536 Grass Point Road, Evanston, Illinois 60201. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for ten (10) years commencing on 19C-TO-56-12 2-8 199 7 and ending onin�—/6 8-Ck a8 2007 , with four (4) successive five (5) year options to renew. 3. The Water tank which is the subject of the Agreement is described in Exhibit A • annexed hereto. The portion of the water tank being leased to Lessee (the "Premises") is described in Exhibit B-1 attached hereto. IN WiTNlESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: CITY OF EVANSTON GZ,S,n az-� Name: ao r 7. 0 r U Title: AA&)i a q E K Date: 0 LESSEE: SPRINTCOM, Inc., a Kansas Corporation By: C Nam . James G. Meyers Title: A'ea Manager Date: i b ( � -,- STATE OF COUNTY OF �LLt-no r S Co 0l�- I-Wlortl:r MEMORANDUM OF AGREEMENT Page 2 of 2 On ca-"FD 6e lr Zs'. I,119 % , before me, Notary Public, personally appeared "t� O rp y- �'- r U /M , p4soAlly known to me (or proved to me on the basis of satisfactory evide.&) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �N� Public My commission expires: STATE OF-\\�ro�S COUNTY OF Co n tL ( SEAL) '{ "OFFICIAL SEAL " Mary P. Morns ;< Notary Public, State of Illinois ; ,< My Commission Exp. 05/21/2001 On dCA ��' -cc r�. -' , (`( `i `� ,before me, Notary Public, personally appeared � .e,s C, _Pxc S , personally known to me (or proved to me on the basis of satisfactory evidence) to be 4e person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Ndi ry Public My commission expires: ( SEAL) "OFFICIAL SEAL" >( Elizabeth Faison >` Notary Public. State of Illinois >� My Commission ExP- 08112/20M >c • • • ,4.1 p Lessor shall have the right to approve the construction of the improvements to be made by Lessee prior to installation, which approval shall not be unreasonably withheld or delayed. Lessee shall provide Lessor with a copy of the construction drawings for Lessors approval. Lessor shall have ten (10) days thereafter to approve, disapprove or comment on the drawings. •