HomeMy WebLinkAboutCrown Castle - Dish Tower LeaseInterdepartmental
cry or Memorandum
Evanston
October 22, 2009
To: Wally Bobkiewicz, City Manager
From: Douglas J. Gaynor, Director, Parks/Forestry, Recreation and Facilities Manag me t
Re: Crown Castle — Letter of Understanding op-��
Purpose
To request your approval of the attached letter of consent from Crown Castle for the
installation of two small cell dishes and three antennas on the existing tower at Foster
Field.
Background
Our current agreement with Crown Castle requires the following steps when any new
equipment is added to the existing tower site:
• Pursuant to paragraph 9 (d) of the agreement, any changes to design or
antenna equipment or configuration must have prior Licensor (City) approval;
• Pursuant to paragraph 23 (a) — all amendments must be in writing and
executed by both parties. The exhibits will need to be amended to reflect the
additional antenna. (All exhibits have been received and approved, including
approval by the Site Plan and Appearance Review Committee on July 8,
2009.
The Law Department reviewed the request from Crown and confirmed that any changes
to the design of the antenna equipment must be in writing and executed by both parties
in order to be effective. They also advised us that Council approval is not necessary for
this matter but it certainly would be in our best interest to let the Alderman of the ward
know.
The city currently receives $24,916 per year for the lease, which increases by 3%
annually. Additionally, the city will be eligible to receive 50% of the gross revenues
received by the Crown Castle for permitting the co -locator to install this equipment, if
approved. The original term of the lease was for ten years, commencing on October
1998, and with renewal terms for four successive five year periods.
Attached is the letter of consent for your approval for adding the additional equipment to
the tower. Once approved, staff will work with the contractor regarding installation dates
to avoid any conflicts with field usage at Foster. I have also spoken with Alderman
Holmes regarding this request and she was okay with the installation of additional cell
antennas at the site.
WRINTERN'oAl
IOHAL
October 1, 2009
City of Evanston
Mr. Robert Dorneker
2100 Ridge Avenue
Evanston, IL 60201
Crown Castle International Tel 724-415-2000
Midwest Area Fax 724-415-2200
2000 Corporals Drive
Canonsburg, PA 15317 www.crowneasUe.com
RE: TOWER SITE: FOSTER PARK
LOCATED IN: EVANSTON, IL
SITE: 875522 CONSENT LETTER AGREEMENT
Dear Mr. Dorneker,
As you are aware, Global signal Acquisitions III LLC ("Lessee") is the lessees under the Sprint Comm. Inc.
City of Evanston agreement, which was later assigned to Crown Castle USA; collectively hereinafter
referred to as (the "Agreement"). Lessee is the owner and operator of shared communication facilities.
Please be advised that pursuant to Section 16 of the Agreement, Lessee hereby request your consent to
sublease the above -described real estate to Clearwire Communication Inc. Pursuant to Section 16,
(50%) Fifty -Percent of any license revenues received by Lessee shall be paid the Landlord in accordance
with the Agreement. Additionally, Landlord hereby acknowledges Sprint current collocation
configuration on the City of Evanston's Park District Rooftop. The sublease will not alter the character or
use of the site nor will it change the nature of Lessee's occupancy of the site.
As used in this letter, the term "sublease" includes any arrangement by which third parties can install
and operate their equipment on the property subject to the Agreement.. Lessee will continue to be
responsible for performing all of the obligations under the Agreement
Please provide your consent by executing this letter where indicated below, and return one original of
the same to my attention in the envelope provided. After this execution, I will be contacting you
regarding the coordination of Clearwire's installation to minimize the disruption to the City.
Thank you for your continued cooperation with Crown Castle GT Company LLC. If you have any
questions concerning this request, please contact me at (847) 928-2421.
Best Regards, Agreed and accepted this S day of &-- 2- 9.
Joseph D. Wood
Property Specialist
Midwest Area
FOSTER PARK
LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into this day of ,
between SPRINTCOM, INC., a Kansas Corporation ("LICENSEE"), and the City of Evanston,
an Illinois municipal corporation ("LICENSOR").
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:
I. Premises. Licensor is the owner of a parcel of land (the "Land') as described in
Exhibit "A" attached hereto. Subject to the terms and conditions contained in this Agreement,
Licensor hereby grants a License to Licensee and Licensee licenses from Licensor, a certain
portion of the Land (the "Premises") as described in Exhibit B-1 attached hereto. The term
`TremiseC does not include "Licensee Facilities" which are personal property and which are
defined in Paragraph 6 hereof. At no time during the term of this License Agreement will the
Licensee place or affix, or allow or cause to be placed or affixed, advertising or wording of
any kind to the Licensee's equipment.
2. Use. The Premises are only to be used by Licensor in connection with the
provision of mobile communication signals on various frequencies, and for the construction,
maintenance and operation of necessary facilities, including base station, and space required for
cable runs to connect Licensee's equipment and antennas. Licensor agrees to cooperate with
Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and
any and all other necessary approvals that may be required for Licensee's intended use of the
Premises.
Tests and Construction.
(a) Licensee 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 A.M to
3:30P.M., Monday through Friday, for the purpose of making necessary engineering surveys and
inspections and other reasonably necessary test ("Test"), if needed, and for the purpose of
constructing the Licensee 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 of Construction, Licensee will provide Licensor's Safety/Risk
Manager with a certificate of insurance naming Licensor 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, Licensee will notify Licensor of any proposed Tests or Constriction with as much
advance notice as is practicable, and will coordinate the scheduling of same with Licensor as
well as cooperate with Licensor so as to minimize any interference with the business operations
currently conducted by Licensor on the Land.
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4. - Term. The term of this Agreement shall be ten (10) years commencing on the
date of execution of this License Agreement ("Commencement Date") and terminating on the
tenth anniversary of the Commencement Date (the "Term") unless otherwise terminated as
provided in Paragraph 11. Licensee 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 Licensor and Licensee notifies the other
not less than sixty (60) days prior to the respective expiration date of Licensor's or Licensee's
intention not to extend such Term or Renewal Term.
5. License Fee: Maintenance: Call Out Fees:
(a) Within thirty (30) days of Commencement Date and on each month thereafter
Licensee shall pay to Licensor as a License Fee, the sum .of One Thousand Five Hundred and
001100 Dollars ($1,500.00) per month ("License Fee"). The License Fee shall be payable to
Licensor at City of Evanston, -Attention: Finance Director, 2100 Ridge Avenue, Evanston,
Illinois 60201.
(b) On each annual anniversary of the Commencement Date, Licensee shall pay the
then current License Fee, increased by an amount equal to three percent (3%) of the License Fee
for the previous year.
(c) If this Agreement is terminated by Licensee prior to its expiration, annual License
Fees and maintenance fees already paid shall be forfeited to the Licensor.
(d) Licensee will use and maintain the site in a manner which will not disturb the
occupancy of the residents surrounding the site. Licensee will have access to the site for
routine maintenance twenty-four (24) hours per day, seven (7) days per week. For
Licensee's access, for any reason other than routine maintenance, at hours other than 7:00
a.m. to 3:30 p.m., Licensee sball compensate Licensor at the Call Out rate within twenty-
one (21) days after being invoiced therefore. Licensee's failure to pay said invoices may, at
Licensor's option, constitute an event of default. All costs related to emergency calls other
than normal working hours must be reimbursed to the Recreation Division of the City of
Evanston.
(e) Licensee shall reimburse Licensor or pay Licensor's contractor•for the cost
of painting the high-rise light poles surrounding the baseball fields within thirty (30) days
of the commencement of this License Agreement and within thirty (30) days of the first and
third Renewal Terms. Licensee shall pay same within thirty (30) days of the date of
Licensor's or contractors invoice.
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6. Improvements; Liability; Utilities; Access.
(a) Licensee has the right to erect, maintain and operate on the Premises wireless
communications facilities, including base station, utility lines, and space required for cable runs
to connect Licensee's equipment and antennas thereto ("Licensee Facilities'). In connection
therewith, Licensee has the right to do all work necessary to prepare, maintain and alter the
Premises for Licensee's business operations and to - install transmission lines connecting the
antennas to the transmitters and receivers. All of Licensee's construction and installation work
shall be performed at Licensee's sole cost and expense and in good and workmanlike manner.,
Title to the Licensee Facilities shall be held by Licensee. All ofLicensee Facilities shall be held
by Licensee. All of Licensee's Facilities shall remain Licensee's personal property and are not
fixtures. Licensee has the right to remove all Licensee Facilities at its sole expense on or before
the expiration or earlier termination of the Term or Renewal Teri'; provided, Licensee repairs
any damage to the Premises caused by such removal and licensee restores the Premises to their
original condition. Upon termination of this Agreement, Licensee shall not be required to
remove any foundation more than six (6) feet below ground level. At the termination of the
License Agreement, Licensor, in its sole discretion, may accept any portion of the Licensee
Facilities that Licensee desires to donate to the Licensor. In any event, Licensee will pay for
the removal of all facilities.
The "Licensee Facilities" shall be constructed in accordance with the Site Plan, attached hereto
and made a part hereof as Exhibit C. '
(b) Licensee shall be required to have a separate underground electric supply.
Licensee shall, at its own expense, obtain electrical service from any utility company that
provides electric service to the Premises. Licensee shall install a separate meter and main
breaker. Licensee shall pay for the electricity it consumes in its operations. Licensee has the
right to install new utilities (including a standby power generator for Licensee's exclusive use at
a location 'on the Premises acceptable to both parties). Licensee 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 Licensee and the applicable utility company.
provided that same shall. neither interfere with Licensor's operations, or increase
Licensor's liability exposure. Licensee shall pay all of the Licenser's 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 Licensee's control) and attorney's 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 Licensor and Licensee on any of the terms of this License
Agreement.
(c) Licensor shall provide to Licensee, Licensee's employee's, agents and
subcontractors access over the Land to the Premises. Licensee is responsible for locking the
gates when leaving the site.
(d) Co -location of City Antenna/Equipment. Licensee agrees to make space (in
such location as Licensee may reasonably determine from time to time after
consultation with Licensor) available for an emergency police and/or fire
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service antenna on Licensee's tower on the site. Licensor shall not be
charged a license fee for such co -location. Any relocation of Licenser's
facilities upon the antenna tower which is made by Licensee to accommodate
Licensee or any of its other co -locators shall be performed by Licensee at
Licensee's expense, after consultation with Licensor. Licensor shall not
suffer or permit its operations to interfere with the operations of Licensee or
any other co -locator on the property.
(e) - Licensee shall provide Licensor with as -built plans. of the Licensee Facility
prior to the City issuing a Certificate of Occupancy for the Licensee Facility.
7. Interference.
(a) . Licensee shall operate the Licensee Facilities in a manner that will not cause
interference to Licensor and other licensees of the Licensor: All operations by Licensee shall be
lawful and in compliance with all Federal Communications Commission ("FCC") requirements
and other applicable legislation. Licensee, prior to the execution of this License Agreement,
shall have made itself aware of the Licensor's and other of Licensor's Licensee's existing use of
the airwaves and represents that its operations will not interfere with their uses.
8. Taxes. Licensee shall pay all applicable personal property, use or occupational
taxes. Further, Licensee 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
Licensee's obligation to pay such real property taxes, Licensor shall provide to Licensee a copy
of the tax assessment from the taxing authority indicating such taxes are due to the for -profit use
of the Premises. Licensee's obligation to pay any taxes associated with this Agreement shall
terminate when Licensee has paid all such taxes assessed against the Premises for the period of
time Licensee has the right, pursuant to this License Agreement, to occupy the Premises.
Licensee 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 Licensee is responsible under this
Paragraph or applicable law. Such -challenges or contest may take place by whatever means are
legally available or established from time to time by the relevant authorities, but Licensee shall
exercise reasonable diligence in all proceedings in connection therewith.
9. Equipment.
(a) Licensee shall provide all transmitters and receivers and all related electric
equipment ("Site Equipment') required for the installation and operation of Licensee's system.
The Site Equipment is and shall remain the sole property of the Licensee and may be removed
from the Premises at any time by the Licensee. Licensee shall remove all Site Equipment from
the Premises at Licensee's expense upon the termination of this Agreement.
(b) Licensee shall provide all of the equipment and labor necessary to the installation
of Licensee's system including the antennas, associated lines, isolation equipment and electrical
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terminals. The equipment provided by Licensee shall remain the sole personal property of
Licensee and shall not be deemed fixtures.
(c) Licensee, shall at its sole cost and expense, maintain and repair its Site
Equipment.
(d) Any changes to the design of the antenna equipment or configuration must have
prior Licensor approval.
10. Liens. Licensee agrees that no liens sliall .be placed on Licensoe's property or
funds in connection with Licensee's obligations hereunder. Licensor shall promptly 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 (it) by Licensee for any reason or for no reason, provided Licensee
delivers written notice of early termination to Licensor no later than thirty (30) days prior to the
annual Commencement Date; or (iii) by Licensee if it does not obtain or maintain any license,
permit or other approval necessary to the construction and operation of Licensee Facilities; or
(iv) by Licensee if Licensee 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
Licensee if Licensee determines that the Premises are not appropriate for its operations for
economic or technological reasons, including, without limitation, signal interference, provided if
Licensee terminates this Agreement pursuant to clause (v) above, Licensee shall pay to Licensor,
upon the effective date of termination, a termination fee equal to six (6) months of the License
Fee then in effect; (vi) by Licensor, if in Licenser's sole judgment, Licensee's operations
unreasonably interfere with Licensor's use of the airwaves for the Public Safety
Communications, if said interference remains uncorrected after one (1) business day after written
notice thereof, or any extensions granted by Licensor, 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 Licensee. If this Agreement is terminated by Licensor as a result of such
interference, annual License Fee and maintenance fees already paid shall be forfeited to the
Licensor.
12. Termination in the -Event of Casualty 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, Licensor or Licensee shall have the right, but
not the obligation, to terminate this License 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.
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(b) in Licensee does not terminate this License Agreement: the License fee payable
herein shall be reduced or abated in proportion to the actual reduction or abatement of use of the
Premises.
(c) In the event of condemnation, unless Licensee is allowed by the condemning
authority to continue its operations on the Premises, this License Agreement shall terminate as of
the date title to the Land vests in the condemning authority or Licensee is required to cease its
operations, whichever is earlier. Licensee shall be entitled to share in the proceeds of any
condemmtion award, and Licensee's share shall be limited to the value of any Licensee
Facilities which are transferred to the condemning authority, moving expenses, prepaid License.
Fee and business dislocation expenses.
13. Insurance.
(ay Licensee, at Licensee's sole cost or expense, shall procure and maintain on the
Premises and on Licensee's Site Equipment, bodily injury and property damage insurance with a
combined single limit of at License Agreement One Million and 00/100 Dollars ($1,000,000.00)
per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of
Licensee, its employees, and agents arising out of or in connection with Licensee's use of the
Premises, all as provided for herein. Licensee shall obtain said insurance from a company with.a
Best's rating of A, Class VI or better. Licensor shall be named as a primary, non-contributory,
additional insured on Licensee's policy. Licensee shall provide Licensor a certificate of
insurance evidencing the coverage required by this paragraph.
(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 th. policy
shall be deposited with Licensor's Safety/Risk Administrator.within thirty
(30) days of Commencement Date and, on renewal of the policy, not less
than thirty (30) days before expiration of the term of the policy.
14. Liability Waiver/Indemaification. In consideration of the rights and privileges
granted to Licensee hereunder, Licensee 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 o1 or in
connection with the granting of this License Agreement.
Licensee 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 License Agreement.
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15. Assignment. Licensee may not assign or otherwise transfer all or any part of its
interest in this License Agreement without the prior written consent of the Licensor, provided,
however, that Licensee may assign its interest to its parent company, any subsidiary or affiliate
or to any successor -in -interest or entity acquiring fifty-one percent (519/6) or more of its stock or
assets.
16. Co -location. With prior written approval from the City of Evanston,
pursuant to paragraph 15 hereof, Licensee may sublicense space on the tower to other
wireless service providers. However, a co -locator is eligible for a sublicense only -if it has
prior appropriate City approvals to uie the City's land for its equipment. Any land use
privileges so granted shall be conditioned upon the sublicensing of tower space to the same
entity. The intent of this paragraph 16 is that tower space and land use privileges shall be
obtained contemporaneously by the same wireless provider. 'Fifty percent (50%) of the
gross revenues received by Licensee from co -locators will be paid to Licensor by the co -
locator on a quatterly basis. All future co -locators will be responsible for obtaining the
required zoning and other applicable approvals from the City of Evanston.
17. Premises. Licensee 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. Licensee shall maintain the Premises and Licensee Facilities
thereon in accordance with all applicable local, state and federal laws.
18. Warranty of Title and Ouiet Eniovment.
(a) Licensor wan -ants that: (i) Licensor has full right to make this License Agreement;
and
(ii) Licensor covenants and agrees with Licensee that upon Licensee paying the License
Fee and observing and performing all the terms, covenants and conditions on Licensee's
part to be observed and performed, Licensee may peacefully and quietly enjoy the
Premises; subject, nevertheless, to the terms and conditions of this Agreement.
19. Renairs.
(a) Except as otherwise provided in the License Agreement, Licensee 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 Licensee, its agents, servants and employees.
(b) Licensee understands that the City must repair and maintain the Premises. During
such tunes, the City may need to interrupt Licensee's operations or such activities may
inadvertently result in interruption. The City will provide Licensee 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
Licensee in damages, whether consequential or otherwise, and Licensee will indemnify the City
of any judgements, fees or costs incurred by the City as a result of the granting of this License
Agreement.
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20. Licensor's Environmental Indemnity. Licensor warrants that the Land has not
been used for the generation, storage treatment or disposal of hazardous substances or hazardous
wastes. In addition, Licensor 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 thereoO or underground storage tanks (collectively
"Environmental Hazards") are -located on or about the Land. For purpose 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 `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, Licensor agrees to indemnify and hold harmless Licensee,
Licensee's successors and assigns and licensee's present and future officers, directors,
employees and agents (collectively, Indemnities) from any and all penalties, fines, forfeitures,
demands, damages, losses, claims, cause of action, suits, judgements, and costs and expense
incidental thereto (including cost of defense, settlement, reasonable attomey'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);
(3) clean up, 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 licensee's activities on the Premises.
21. Licensee's Environmental Indemnity. Licensee warrants that the Premises will
not be used for the generation, storage, treatment or disposal of hazardous substances or
hazardous wastes. In addition, Licensee warrants that no 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
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as defined in the Clean Water Act (33 U.S.C. Section 1251 et seq.), and any regulations
promulgated pursuant thereto.
Licensee shall not bring to, transport across or dispose of any hazardous substances on
the Premises or Property, except for fuel for Licensee's emergency power system Licensee's
use of such fuel shall comply with all applicable laws, ordinances, and regulations governing its
use. Licensee agrees to indemnify and hold harmless, Licensor from any and all claims which
may arise from Licensee's breach of the provisions of this paragraph
In connection thereNyith, Licensee agrees to indemnify and hold harmless Licensor,
Licensor's successors and assigns and Licensor's present and' future officers, directors,
employees and agents (collectively, "Licensor 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 Licensor 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
(4) any violation or alleged violation of laws, statutes, or ordinances, orders, rules or
regulations of any governmental entity or agency.
22. This License Agreement is a License for Licensee's use of land for the stated
purposes. It is not to be construed as creating an interest in land.
23. Miscellaneous.
(a) This License 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 License Agreement must be in writing and executed by
both parties.
(b) If any provision of this License Agreement is invalid or unenforceable with.
respect to any party, the remainder of this License 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 the License Agreement shall be valid and enforceable to the
fullest extent permitted by law.
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(c) This License 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 License Agreement have been inserted for convenience only
and are not to be construed as part of this License 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
registereO' mail, • return receipt requested, or reliable overnight courier to the address of the,
respective parties set forth below.
Licensor: 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
Telephone: (847) 866-2942
Fax: (847) 328-2980
Parks/Forestry & Recreation Director
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Telephone: (847) 866-2914
Fax: (847) 492-0619
Licensee: Sprintcom, Inc.
9801 Higgins Road — Suite 370
Rosement, Illlinois 60018
Attention: Property Manager
Telephone: (847) 384-2824
Fax: (847) 384-3065
with copy to: Sprintcom, Inc.
4900 Main Street — I e Floor
Kansas City, Missouri 64112
Attention Associated General Counsel
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Licensor or Licensee may from time to time designate any other address for this purpose by
written notice to other party.
(0 This License Agreement shall be governed by the laws of the State of Illinois,
with any litigation hereunder to be in Cook County, Mino is.
(g) The parties shall cooperate in executing any documents (including, but not limited
to, an Estoppel Certificate, a Memorandunt of License Agreement in the form annexed hereto as
Exhibit B-2 and a Non -Disturbance and Attornment Agreement) necessary to protect Licensee's
rights herein or Licensee's use of the Premises. Licensor acknowledges that,a Memorandum *of
Agreement will be recorded by Licensee in the Official Records of the County where the Land is
located. Upon the expiration or earlier termination of this License Agreement, Licensee agrees
to record an agreement evidencing the termination of Licensee's license to use the premises and
to do so at its cost within 60 days of expiration/termination, and to provide a stamped copy of
same to Licenser's Law Department.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
ATTEST:
Mary 4*ity Clerk
Date:
CITY OF EVANSTON:
By: R)"�
Roger D. C uim, City Manager
Date: 11 11_7�0.d
Tax ID# Aro 00.5f �v
ATTEST: SPRINTCOM, INC., a Kansas Corporation
'' Title: Area Manager
Date: Ic, I q i1 k Date: /a (-1 ( q;�?
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EXHIBIT A
LOT 4 IN FOSTER FIELD RESUBDIVISION OF PART OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTIL RANGE 13 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 13, 1983, AS DOCUMENT NO 26640069, IN COOK COUNTY,
ILLINOIS.
12
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EXHIBIT B
THAT PART OF LOT 3 IN FOSTER FIELD RESUBDWISION OF PART OF THE WEST
HALF OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JUNE 13, 1983, AS DOCUMENT NO. 26640069 DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE
SOUTH 00 DEGREES 25 MINUTES 59 SECONDS WEST 213.69 FEET, ' ALONG THE
WESTERLY LINE OF SAID LOT 3, THENCE SOUTH 89 DEGREES 34 MINUTES 39
SECONDS EAST 1.92 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 89 DEGREES 34 NIINUTES 49 SECONDS EAST 30.00 FEET; THENCE SOUTH 00
DEGREES 25 MINUTES I 1 SECONDS WEST 20.00 FEET; THENCE NORTH '89 DEGREES
34 MINUTES 49.SECONDS WEST 30.00; THENCE NORTH 00 DEGREES 25 MINUTES I I
SECONDS EAST 20.00 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
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JTTF WORK GFNFRAI NOTFj NORTH �• +�
I. CONTRACTOR R SMALL CALL UTILITIES PeTO THE arm OF Ca DaNSTRNerorc
t ALL ERISNMG ACTIVE SLYER. WATER. GAS, ELECTRIC AND OTHER
AT ALL ES. A ENCOUNTERED M 111E WORN. 9W.L BE PROTECTED _
M ILL RX. 3 AND WHERE REDURED FOR ME PROPER EXECUTION O/
THE WORK. UMALL SM RLLOBE U AS DIRECTED eT ACTOR W
ENTRNC CAUTION L1DRIL RC USED BY R CONTRACTOR UTll J ES WEN TO BAESEA�NT AND
FIELD
E �
EYGVITWO OR PKR OBEI.AS AROUND
DICATE OR REAR UT9JNE5. AT FRONT Or 91ILIOfNC ?MCC
7. ALL SITE WORN SMALL BE AS SPECIFIC SPECIFICATION.
THE SIO M2. AND DEYYICATION At CURRENT
SECTION O IN CONSTRRMWOR ANDTION SPECEYENT O. DIVISION 2, AMERITECH DEMARCATION POINT
UATERNLS SMALL BE IN ACCORDANCE WITH SECTION 2A OF
Or GRANULAR LL
ME SPECIFICATION. IT-f SWING GATE MTM9B9t NIONT Pel
RDAO
.. ALL SC INACTIVESEWER. WATER. MS. AND OTHER SEE DE*Fn®i SUITE 341
UTNITE7. WHCM WERFERE RTM THE EXECUTION Of THE WORN. ROSEMONT. ILLINOIS "CIA
WALL BE REMOVED ANO/OR CAPPED. PLUCCEO OR OrNEP,MSE �_____ l OFFICE:IE.7) 39A_2924
DISCONTINUED AT POIx75 WHICH WILL NOT INTERFERE WRH THE �____ __ 'l 1
EXECUTION Or ENGINEERING.TIE WORN. SUBJECT TO THE APPROVAL OF 1 I 0{ICT BANE fA9F ERAS) Se. —tees
ay SEE DETAIL®
S. EARTMAORK OPERATIONS SHALL INCLUDE THE REUOVAL Or TREES. TOP SAIL AND SPRINT VAE ROUTE POH01/IELCO N
INBA=OE ANC/OR OTHER DECOMPOSABLE SE PLANT HATTER F110Y THE PROJECT AREA AREA 29'XSW TO EXISTING ELECTRICAL
ENA ,
SU CRADE AMO/ MAIM ER DE OMPON SECTION 2+ AT 1 1 • 1ELPIING SERVICE ARrACLEAR me orApvg9
i I PROJECT LEA, AMC WPM
L PLANS
NS PROPOSED GRANULAR
FILL
AREA TO THE LIARS INDICATED ON THE t'-• FMOJLLPQ SPECIFICATION S[R[O16 yRDA L[A9L-
PUNS PLACE CUSEC I O FELL AND 3C.L AND ASPHALT PAV(1I[M IN ACCORDANCE WITH
COUPACTUD
SPECIFICATION SECTIONS 2A AND tC. 1 1 2A AND 2r rR y
� 1 RIS[RS 1 1 �
• PUCE a INCHES Of CDIiC
ACTED ROOK FILL IN ACCORDANCE WITH e'-f MIDI , K (Br o11 M) 11 tNIaUOIeII
SPECTIICATION SECTION TAIA. CHAIN LIMN TERM
• YIRAFI SME Q SEE GRAIL 1 AA �..v MD. uaMIJWO
WALL BE PLACED OVER TIE WINE FINISHED SUSCRADE. MEN Im ELECTRICAL
ME1G W/D(507NICCT
Y
PER NARUCAC URERS WRITTEN IRSTRUCAOHL POWLIT FOR POWER Da
GOWN— -' PROTECTION REOUIREWITRS • NEW TEL Cpamov a 4391-197
• CONTRACTOR PULL SURFACE THE ENTIRE PWACr AREA :: TRW -
WITH A MINIMUM COUPACIED MICNNESS OF TOUT INCHES OF ._BL (PPC�xI) . CABINET RADIO REQUIR�PS FR CO.
Ile FI t ON SECTION
R ROOK TR ACCORDANCE WITH ..� roR� W. D. SfAWEY
Ile TO I I/ SLCTIOLAIIE 2A-T9.
7. NO PILL 09 EFIBMRLAENT MATERIAL SHALL BE PLACED ON MOZEII ICE BRIDGE _ lL...J_L_.
CPNKAm R L. :: T.ICR
GROUND. FROZEN MATERL45. SNOW OR ICESWW. NOT BE PLACED SEE DETAIL® `
IN ANY ALL OR EMBANKMENT. SPRINT PCS
ANTENNAS
B, R MESS S LRl-ALL BE RE N. STUMPS- DEBRIS. STICKS STONES AND OTHER SECTOR 7r BATrERr CABINET
REFUSE SHALL E REMOVED FROM WE SITE AND DISPOSED OF LEGALLv, PEF a '
SPECfIGnON SECTION 2A-21.
1. THE SITE 94ALL BE GRADED TO CAUSE SURFACE WATER TO ROW E MONOPOLE
AWAY FROM THE EOWMFHT AND TOM AREAS. SPRINT PCs
10. CONTRACTOR SMALL MINIMIZE DISTURBANCE TO EIRUSINC SITE OURINO AWN=
CONSTRUCTION. EROSION CONTROL MEASURES. IF REQUIRED DURING SECTOR 270`
CONSTRUCTION. SMALL BE w COIJFCNMANDE WITH TIE LOCAL BO• STEEL SPRINT ICES `
GUIDELINES FOR EROSION AND SEDIMENT CONTROL t
MONOPOLE r ART[HA SSECTOR x b
• EXISTING J I 9 -Ir I '
CHAIN LIAR PENCE 7
2W-Y .. L)MITS ar TROW
AREA 19i2B' A to= UPI LO16igICTfOI WIN
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j✓nly ..labli.hed by ALTA and ACSM In 1992.
and ...t to the Aecu.y Slandanf. (a.
adapted by ALTA and ACSM and In affect art
the dated lhl. ewUncatio.) of en Mrban Suluey.
v1e fa wab.rt A. 1lagna
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E.andon, fR.Ci.
NEW Sr MONOPOLE
WITH OLD Uaws ON
REMOVE IIHnNO LICHT POLE
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PRINT LEASE AREA
ERTTSR•. FENCED.
"OPOSEO LOCATION M
PRIM PCs EQUIPMENT 44k
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EXTSVIC
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MFRAL NOTES
'ACLLITY IS MNMNN(0 AND NOT FOR NUWV MABITATION (HANDICAPPED
HCCESS NOT REWIRED).
•ACLLITY MAs No PLINBrm
'ACELIII• WILL BE INDIPfROERTLY POWERED WITH SEPARATE METER.
'OVIPMENT PLATFORM AND ANTENNA INSTALLATION SMALL BE CONDUCTED
R FIELD CREWS EXPERIENCED IN THE ASSEMBLY AND ERECTION M
uala !HENNAS. TRANSMISSION umm AND SUPPORT STRUCTURCIL
ME CENERAL CONTRACTOR AND NIS SUBCONSULTANTS SAIL BE RESPONSIBLE
OR 081AU11MG ALL PERMITS AND INSPECTIONS WNICN MY BE
EOMIREO FOR THE WORN.
LL COAXIAL CARE CONNECTORS AND TRANS TITER EQUIPMENT
WALL RE •S SPECIFIED tI THE OWWER AND IS NOT INCLUDED
N THESE CONSTRUCTION DOCUMENTS, M CONTRACTOR STALL
gNrSH ALL CONNECTION mA*WARE REQUIRED TO SECURE THE
zg&EL-ZNnECT:am NAROWM E SHALL RE STAINLESS STEEL
+E CONTRACTOR SMALL COORDINATE ALL WORK WIN THE PROPERTY
*WR. INE CONTRACTOR WALL OBTAIN WRITTEN APPROVAL FROM THE
OMIHO OWNER BEFORE INSTALLATION or AN/ TOWER MOUNTED COUIPNgM.
-RTN MOO, jH0wK ON PUNS REFERS TO TRUE NORTH. CONTRACTOR
NHLL vERIT'r TALE NORTH AND INFORM ARCHIIECTIENGINEER Or ANTI
ISCNEPWR BEFORE STARTING CONSTRUCTION.
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FAX: 130-70-11M7
SR 270E
or IC*
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EVANSTON
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