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HomeMy WebLinkAbout640 Hartrey Avenue Water Tank (2)7/17/96 78-0-96 AN ORDINANCE Authorizing the City Manager to Enter Into a Lease Agreement With Primeco Personal Communications, L.P. for a Certain Use at 640 Hartrey Avenue WHEREAS, the City is the owner of certain real property at 640 Hartrey Avenue; and WHEREAS, said property is improved with a water tank, owned and operated by the City in connection with its water supply; and WHEREAS, Primeco Personal Communications, L.P., is a provider of mobile communications services; and WHEREAS, antennas to transmit and receive radio communications signals are among the equipment necessary to the provision of Primeco's mobile communications; and WHEREAS, Primeco Personal Communications, "L.P. is desirous of leasing a portion of said real property and a portion of the surface of the water tank to provide base upon ' which to place said antennas and related equipment; and WHEREAS, the City is desirous of entering into a lease with Primeco Personal Communications, L.P. for said purposes; and WHEREAS, said Lease Agreement is in the best interest of the citizens of Evanston, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to enter into and sign and the City Clerk is hereby authorized and directed to attest on behalf of the City, a lease by and between the City, an Illinois municipal corporation, as lessor and the Primeco Personal Communications, L.P. a Delaware limited partnership as lessee, The lease agreement shall be in substantial conformity with the lease marked as Exhibit A attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms or conditions as may be in the best interests of the City. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this ordinance shall be in full force and effect from and. after its passage, approval and publication in the manner provided by law. Introduced: '4 . .;2'a' Adopted: ATT City Clerk Appr :)ved as tc form: Corporation Counsel , 1996 1996 Approved: 1996 n Mayer K LEASE AGREEMENT This Lease Agreement ("Agreement") is entered into this JI/ day of , 19961 between PRINIECO PERSONAL COMMUNICATIONS, L.P., a Delaware limited e,v p ("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 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 Less?e's intended 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 ester upon the Land during normal working hours from 7:00 AM. to 3:30 P.M., Monday through Friday, for the purr use of making necessary engineering surveys and inspections and other reasonably necessary tests ("Tests"), if nee•= ed, 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"). During any Tests or Construci_ on, Lessee will provide Lessor with a certificate of insurance naming Lessor as an additional insured and eviden• •ing liability insurance in the amounts set forth in Paragraph 13 and a Liability Waiver/Indemnification as set Porgy in Paragraph 14 of this agreement. In any proposed Tests or construction, Lessee will notify Lessor of any props .3ed Tests or Construction, and will coordinate the scheduling of same with Lessor as well as cooperate with Lessc: so as to minimise any interference with the business operations currently conducted by Lessor on the Land. (b) Primeco 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 maximum 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 Hi Build Epoxoline or Series 61 Tnemec Fascur 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 shall be applied at a dry film thickness of 2.0 mils per coat. 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. 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. 5. Rent: Maintenance: Call Out Fees. (a) Within 15 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 and 00/100 Dollars ($18,000.00) per year ("Rent"). Rent shall be payable to Lessor at City of Evanston, Attention: Finance Director, 2100 Ridge Avenue, Evanston, Illinois 60201. (b) Qn 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 already paid for that year 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. All costs related to emergency calls other than normal working hours must be reimbursed to the Water & Sewer Division of the City of Evanston. (P) Upon commencement date Lessee shall pay the Lessor Five Thousand and 00/100 Dollars ($5,000.00) for the initial term and Two Thousand Five Hundred and 00/100 ($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. 6. Improvements: Liability: 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 lines 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 Facilities shall remain Lessee's personal property and are not fixtures. 2 Lessee 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" "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 Lessor'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 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. 7. 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 existing use of the airwaves and represents that its operations will not interfere with that use. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit its lessees or licensees to install new equipment on the Land if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. (c) If Lessor breaches its obligations under this paragraph, Lessor, upon receiving notice from Lessee of any such breach, shall take all steps necessary to correct and eliminate such interference, including, without limitation, enforcing provisions in any license or other agreement between Lessor and the persons or entities causing such harmful interference, pursuant to which Lessor may compel such persons or entities to cease operation, modify their equipment and/or antennas, or remove their equipment and/or antennas from any facilities or tanks owned or leased and/or managed by Lessor on the Land. If Lessor cannot correct such harmful interference within thirty (30) days, Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to terminate this Agreement. Upon such termination, Lessor shall return any unearned Rent to Lessee. 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. Eauigment. (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. 4 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 (ii) 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 dei 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; or (vi) by Lessor, if because of technological reasons, 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. 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 operations on the Premises, this Agreement shall terminate as of the 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 least 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 of A, Class VI 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. E (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. Liability 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 fiilfill 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 Enjoyment. (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. ro (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 minimise 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 indemnify 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 Indemnity. 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 attorneys 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 (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 Lessee's activities on the Premises. 20. Lessee's Environmental Indemnity. 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 attorneys 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) any violation or alleged violation of laws, statutes, or ordinances, orders, rules or . -regulations of any governmental entity or agency. 21. Miscellaneous. (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 Agreemenf 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 not to be construed as part of this Agreement or in any way limiting the scope or intent of its provision. (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: Assistant Corporation Counsel City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Water & Sewer Superintendent i Evanston Water & Sewer Division 555 Lincoln Street Evanston, Illinois 60201 Lessee: PRIMECO PERSONAL COMMUI`IICATIONS, L.P. One Pierce Place - 1 lth Floor Itasca, Illinois 60143 Attention: Director of Site Development with copy to: PRIMECO PERSONAL COMMUNICATIONS, L.P. One Pierce Place - llth Floor Itasca, Illinois 60143 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 PAY• (f) This Agreement shall be governed by the laws of the State of 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 C 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. IN WTTNESS WHEREOF, the parties have executed this Agreement as of the date first above written. 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To lawtTM ^ — � ••. /„• � LID.i11i6 Yf1LIlY OJLLDRK Raroe Of ui'CY.SSD •� - 11 xt !+1 Aa r Nett w.n ....... eaolw ta.mrut • eH !: C IRK V"lb iDi F. %E-b 1RKAL N`,n YCERYW10 etRXe xR.•L't ...__ m-D4Cd1eDIcu Iamcq ••t(t 5a $ at Iu Ai0 t-`S*MucAL vv +b$ 51TE PLAN LOCATION MAP 1LR1Y � lOatN 1 4 tll1V Z1A►OCL n1 ca�<6 4t/6YD •T. 1 C.i2W ►i 1 .nasr ra •- •••tPLT r� C01WIBRUMkASSOC UT _DW- �t1YA♦� • ONI�OR•4 . i�•M1Mt olm PCS PrimeCo a CAHW19 cm= ushi (C TtYAS ?RU 6I7-256-loco - TAY 911-m-1106 PRoJ= TWL VAlU 101n OWED AWnlA A WE 322-1 EVAUSJON mm 640 RIitr,IAY COOK Coullm [TAlCWK L NFCiTECTS L SE aco"• Twl-WAR n woi Ap"WeI WAN R7•G som W3*m •OW / / www1 C' NYRT&/IEVGON DAIS 11EV I "TD ffeu DATE: 0703-46 " r•AADER 4656 SHEET TITLE 1nftm 4EET Nn A 2 to �^ I ra 1 O PRESENT POWER POLL• Y 'cr i NEW UNDERGROUND POWER f CUT k PATCH AS REQ. ---EXISDNG UTILITY POLE ROUTE CONDUIT UP POLE um. 8'-0' COORDINATE EXACT UDUTY POLE LOCATION WITH URM CO. ASPHALT PAVEMENT' TELCO CONDUtf RUNNWB W BULLRING I--------- V. _ Uum BUILD" -nam CONDUIT ON WALL N SITEPLAN SCALE: la a 20'-00 TELCO N 9 N 7r.t OVERHEAD TELCO LINES td MEMORANDITM OF AGREEMENT Page 1 of 2 This Memorandum of Agreement is entered into on this �Hj day of a , 1996, by and between the City of Evanston, an Illinois municipal corporation, with ance 100 Ridge Avenue, Evanston, Illinois 60201(herein referred to as "Lessor") and PRIlVIECO PERSONAL�e(u CATIONS, L.P., a Delaware Limited Partnership, with an office at One Pierce Place - 1 Ith floor, Itasca, Illinois 60143, (hereinafter referred to as "Lessee"). 1. LeSsof'a-n'd Lessee entered into a LeaseAgreement ("Agreement") on the -.>(&,day of , ,/� , 1996, for the purpose of installing, operating and radio communications facility and other improvements at the South Stand&'ete, 640 Hartrey Ave., Evanston, Illinois 60202. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for ten (10) years commencing on oZ 9 , 199__� and ending on ' Ov,& Z 2 06 , with four (4) su es a five (5) year options to renew. e/ 0 ' 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 attached hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: CITY OF EVANSTON ` By: Name: W�) C ele D, < 4uW Title: Ci T tjo €12 LESSEE: PRIlVIECO PERSONAL COMMUNICATIONS, L.P. a Delaware Limited Partnership Name: Title: v '1 • t_,C.� z'e- Date: ` 3 %/ Date: EXHIBIT B MEMORANDUM OF AGREEMENT Page 2 of 2 STATE Ok&/-,,/- COLTNTY OF On C'� A� , l�!��%l f l �� . , before me, / l' �� �" / L% Ai /V Notary Publ persoj ly appeared kj x-, �A/ D . ��/� , �_�,.�J , personally known to me (or proved to me on the basis of satisfactory(Avidence) to be the person whose name is subscribed to the within instrument and acknbwledged 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. Notary Public My commission expires: STATE OF �J CCCCCCCCCCCCCCCCCCCCCCtCCCCCCCCCttC� "OFFICIAL SEAL" ' Civia M. Dunn ; (SE )otary Public, State of Illinois x 7( My Commission Expires 12114/97, .................... \\\1\\\\1\\\\\\\\\\\\\\\\ COUNTY On :((� .� , before m , c� Notary. Public, perrisonally �ppearedA O P os l�l�—t� , personally - Notary. to me (or proved to me on the basis of satisfactory evidence) to be a 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 fficial seal. Notary Public i My commission expires: y✓ Z (SEAL) OFFICIAL SEAL LAUREL ANNE FRENCH NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXP. APR. 2,2000 EXHIBIT C 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 Lessor's approval. Lessor shall have ten (10) days thereafter to approve, disapprove or comment on the drawings.