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O-18-02VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-02 AN ORDINANCE AUTHORIZING AN EXTENSION OF THE COMMUNICATIONS TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of March , 2018. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of March 2018. -5- VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-02 AN ORDINANCE AUTHORIZING AN EXTENSION OF THE COMMUNICATIONS TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC WHEREAS, the Village of Deerfield is the owner of certain tract of real property located at 850 Waukegan Road (the "Subject Property", including a monopole and related facilities that is located on the Subject Property and is used for telecommunications services; and WHEREAS, the Village and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("New Cingular Wireless", also known as AT&T Wireless, previously entered into a Communications Tower Lease Agreement dated January 11, 2010 (the "Lease" for a 10 - year term wherein New Cingular Wireless leased certain ground space and a position on the monopole from the Village for the purpose of enhancing its network services in the Village of Deerfield, providing better telecommunications services to its customers within Deerfield and surrounding areas, and providing public revenue to the Village; and WHEREAS, the Village has negotiated with New Cingular Wireless to extend the Lease for a new 10 -year term and four additional five-year automatic renewals upon payment of a signing bonus and annual rent to the Village as fully set forth in the First Amendment to the Lease, which is attached hereto as Exhibit A and incorporated herein by reference (the "Lease Extension"; and WHEREAS, on January 23, 2018, the Cable and Telecommunications Committee of the Village of Deerfield held a public meeting to consider the Lease Extension and filed its report and recommendation to approve the Lease Extension; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have concurred in the report and recommendation of the Cable and Telecommunications Committee and determined that the approval of the Lease Extension is in the Village's best interests; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: The recitals to this Ordinance are incorporated into and made a part of this Ordinance as if fully set forth herein. SECTION 2: The corporate authorities of the Village of Deerfield authorize and approve the Lease Extension attached hereto and made a part hereof as Exhibit A by and between the Village of Deerfield as Lessor and New Cingular Wireless PCS, LLC as Lessee. SECTION 3: The President and Village Clerk of the Village of Deerfield are authorized and directed to respectively execute and deliver the Lease Extension and such other instruments as may be necessary or appropriate to implement and memorialize the Lease Extension for and on behalf of the Village of Deerfield. SECTION 4: This Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: This Ordinance shall be in full force and effect from and after its passage -2- and approval as provided by law. PASSED this 5th day of March '2018. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 5th day of March '2018. ATTEST: Village Clerk -3- Village President Cell Site No.: 1L0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road FIRST AMENDMENT TO COMMUNICATIONS TOWER LEASE AGREEMENT THIS FIRST AMENDMENT TO COMMUNICATIONS TOWER LEASE AGREEMENT ("First Amendment") dated as of the later date below is by and between the Village of Deerfield, an Illinois municipal corporation, having a mailing address at 850 Waukegan Road, Deerfield, IL 60015 (hereinafter referred to as "Village" or "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address at 575 Morosgo Drive, Atlanta, GA 30324 (hereinafter referred to as "Lessee"). WHEREAS, Village and Lessee entered into a Communications Tower Lease Agreement dated January 11, 2010 (hereinafter the "Lease"), whereby Village leases to Lessee certain Leasehold Premises, therein described, that are a portion of the Property located at 850 Waukegan Road, Deerfield, IL 60015; and WHEREAS, Village and Lessee desire to extend the term of the Lease; and WHEREAS, Village and Lessee desire to modify, as set forth herein, the Rent (as defined below) payable under the Lease; and WHEREAS, Village and Lessee, in their mutual interest, further wish to amend the Lease as set forth below. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Village and Lessee agree as follows: 1. Term. The term of the Lease shall be amended to provide that the Lease has a new initial term of ten (10) years ("New Initial Term"), commencing on December 22, 2019 ("New Term Commencement Date"). As of such New Term Commencement Date, all remaining renewal terms in the Lease except as set forth herein shall be void and of no further force and consequence. The Lease will be automatically renewed for up to four (4) additional sixty (60) month terms (each an "Extension Tenn") upon the same terms and conditions of the Lease, as amended herein, without further action by Lessee, unless Lessee notifies Village in writing of Lessee's intention not to renew the Lease at least sixty (60) days prior to the expiration of the New Initial Term and the then current Extension Term. Hereafter, the defined term "Term" shall include the New Initial Term and any applicable Extension Term. Village agrees and acknowledges that except that as such permitted use or other rights may be amended herein, Lessee may continue to use and exercise its rights under the Lease as permitted prior to the New Initial Term. 2. Modification of Rent. Effective on the New Term Commencement Date, the rent payable under the Lease shall be Thirty -Eight Thousand and No/100 Dollars ($38,000.00) per year (the "Rent"), and shall continue during the Tenn, subject to adjustment, if any, as provided below. Except as otherwise provided by this First Amendment, the provisions of Section 2.12 (RENT) of the Lease shall remain in full force and effect. Amendment — Rent Reduction -1- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road 3. Future Rent Increase / Annual Payments. Effective on each anniversary of the New Term Commencement Date, Rent for the coming Lease Year shall be increased by an amount equal to three percent (3%) of the Rent payable for the immediate preceding Lease Year. 4. Acknowledgement. Village acknowledges that: 1) this First Amendment is entered into of the Village's free will and volition; 2) Village has read and understands this First Amendment and the underlying Lease and, prior to execution of this First Amendment, was free to consult with counsel of its choosing regarding Village's decision to enter into this First Amendment and to have counsel review the terms and conditions of this First Amendment; 3) Village has been advised and is informed that should Village not enter into this First Amendment, the underlying Lease between Village and Lessee, including any termination or non -renewal provision therein, would remain in full force and effect. 5. Notices. Paragraph 3.3 of the Lease is hereby deleted in its entirety and replaced with the following: "NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Lessee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # IL0446 Cell Site Name DOWNTOWN DEERFIELD (IL); Fixed Asset No.: 10006369 575 Morosgo Drive Atlanta, GA 30324 With a required copy of the notice sent to the address above to AT&T Legal at: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site # IL0446 Cell Site Name DOWNTOWN DEERFIELD (IL); Fixed Asset No: 10006369 208 S. Akard Street Dallas, Texas, 75202-4206 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. And as to Village: Village of Deerfield Amendment — Rent Reduction -2- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road 850 Waukegan Road Deerfield, IL 60015 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein." 6. Charges. Except as otherwise provided by sections 2.13 (UTILITY SERVICE TO LEASEHOLD PREMISES) and 3.7 (TAXES) of the Lease,all charges payable under the Lease such as utilities and taxes shall be billed by Village within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Village, and shall not be payable by Lessee. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Village. The provisions of this subsection shall survive the termination or expiration of the Lease. 7. One -Time Payment. In consideration of Village's execution of this First Amendment Lessee agrees to pay Village the sum of Five Thousand and No/100 Dollars ($5,000.00) as a one-time payment (the "One -Time Payment"), payable within ninety (90) days after the date that this First Amendment is approved by the Village Board of Trustees, for consultant, legal, and personnel fees. 8. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 9. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Lease is unmodified and remains in full force and effect, including but not limited to, sections 2.24 (INDEMNIFICATION), 2.25 (INSURANCE), and 2.26 (LIMITATIONS OF LIABILITY) of the Lease as those provisions may pertain to paragraph 5 of this First Amendment. Each reference in the Lease to itself shall be deemed also to refer to this First Amendment. 10. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] Amendment — Rent Reduction -3- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this First Amendment on the date and year below. VILLAGE: Village of Deerfield, an Illinois municipal corporation By:'11L Print Name: �1RKK66r RO56Nt-14*9 - LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: sura Vakm Print Name: Title: MAYoe- Title: Sr Real Est -,e 6 Construction Manager Date: -e? i� `{ Date: [ACKNOWLEDGEMENTS APPEAR ON THE NEXT PAGE] Amendment — Rent Reduction -4- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road VILLAGE ACKNOWLEDGEMENT STATE OF -r—LLjWc)IS ) SS. COUNTY OF L-Ak-e ) I certify that I know or have satisfactory evidence that Aa %e.y osev�k�a is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the MAlo R of the Village of Deerfield, an Illinois municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 31572-0) Notary Seal AN13NEW s 1.01111111111111111 Official seal Notary public • atm of Illinois My Commission Expires Nov 16. 2020 Amendment - Rent Reduction (Signature of Notary) AAID P.cw Licy-T,-xmA,,1 (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: A/01/ 15, 7-0'-0 5- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road LESSEE ACKNOWLEDGEMENT STATE OF--7'L(,/AJU-F ) n�OL ) SS. COUNTY OF (�(J (�- ) I certify that I know or have satisfactory evidence that aura vamce is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the s Reti .:�t., n x construction 6fanager of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. DATED: / , ew & Notary Seal K'HABERLEY EVANS Oficial Seal Notary Public - Slate of Illinois My Commission Expires Sep 2. 2020 Amendment — Rent Reduction of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My ant expires:s`'�c� sm. Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road Attachment 1 Memorandum of Lease THIS DOCUMENT PREPARED BY, and WHEN RECORDED RETURN TO: Michael Fraunces, President (858) 799-7850 Md7, LLC 10590 W. Ocean Air Drive, Suite 300 San Diego, CA 92130 Parcel #: 16-28-321-016-0000 16-28-321-005-0000 16-28-321-006-0000 16-28-321-007-0000 16-28-321-009-0000 16-28-321-017-0000 16-28-321-018-0000 16-28-321-019-0000 16-28-321-020-0000 16-28-321-021-0000 Re: Cell Site #: IL0446 Cell Site Name: DOWNTOWN DEERFIELD (IL) Fixed Asset Number: 10006369 State: IL County: Lake MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this _ day of 201_, by and between the Village of Deerfield, an Illinois municipal corporation, having a mailing address at 850 Waukegan Road, Deerfield, IL 60015 (hereinafter referred to as "Village") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 (hereinafter referred to as "Lessee"). 1. Village and Lessee entered into a certain Communications Tower Lease Agreement dated January 11, 2010, as amended by that certain First Amendment to Communications Tower Lease Agreement dated 201_ (hereinafter, collectively, the "Lease") for the purpose of installing, Amendment — Rent Reduction -7- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road operating and maintaining a communications facility and other improvements at Village's real property located in the City of Deerfield, County of Lake, commonly known as 850 Waukegan Road. All of the foregoing are set forth in the Lease. 2. The New Initial Term will be ten (10) years ("New Initial Term") commencing on December 22, 2019, with four (4) successive five (5) year options to renew. 3. The portion of the land being leased to Lessee (the "Leasehold Premises") is described in Exhibit 1 annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] Amendment — Rent Reduction -8- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / W1 Address: 850 Waukegan Road IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. VILLAGE: Village of Deerfield, an Illinois municipal corporation By: Print Name: Title: Date: LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Title: Date: [ACKNOWLEDGEMENTS APPEAR ON THE NEXT PAGE] Amendment - Rent Reduction -9- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road VILLAGE ACKNOWLEDGEMENT STATE OF SS. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of the Village of Deerfield, an Illinois municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal Amendment - Rent Reduction (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: -10- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road LESSEE ACKNOWLEDGEMENT STATE OF SS. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal Amendment - Rent Reduction (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: -11- Cell Site No.: IL0446 Cell Site Name: DOWNTOWN DEERFIELD Fixed Asset No.: 10006369 Market: IL / WI Address: 850 Waukegan Road Exhibit 1 to Memorandum of Lease Legal Description The Leasehold Premises is legally described as follows: Street Address: 850 Waukegan Road, Deerfield, IL 60015 Parcel #:16 -28 -321 -016 -0000;16-28-321-005-0000;16-28-321-006-0000;16-28-321-007-0000; 16-28-321-009-0000; 16-28-321-017-0000; 16-28-321-018-0000; 16-28-321-019-0000; 16-28- 321-020-0000;16-28-321-021-0000 The Leasehold Premises (and access and utility easements) is located on a portion of the real property and is described and/or depicted as follows: That part of Lot 4 in Block 2 in the Original Town of Deerfield in the South West quarter of Section 28, Township 43North, Range 12, East of the 3rd P.M., according to the plat thereof, recorded March 16, 1857 in Book 27 of Deeds, page 167, described as follows, to -wit: Beginning at a point on the Easterly line of Lot 4 in Block 2 of the Original Town of Deerfield, 597 feet Northerly from the South East comer of said Block 2; thence West 329.3 feet, more or less, to a point on the West line of said Lot 4, 82 fat South of the North West comer thereof; thence South 86 feet, more or less, to a point 527.1 feet North of the South West corner of Section 28, Township 43 North, Range 12, East of the 3`d P.M., thence East to a point on said Easterly line of Lot 4, 84.5 feet Southerly from the place of beginning; thence Northerly from the place of beginning: (except that portion described as: Beginning at a point on the Easterly line of said Lot 4 in said Block 2, 597 feet Northerly from the South East corner of said Block 2; thence West 132 feet; thence South at right angles to the last aforesaid line, 29.47 feet; thence East 137.7 fat to the East line of aforesaid Lot 4; thence Northerly on the Easterly line of said Lot 4, 30 feet to the place of beginning, in Lake County, Illinois. ALSO That part of Lot 4 in Block 2 in the Original Town of Deerfield in the South West quarter of Section 28, Township 43North, Range 12, East of the 3rd P.M., according to the plat thereof, recorded March 16, 1857 in Book 27 of Deeds, page 167, described as follows, to -wit: Beginning at a point on the Easterly line of Lot 4, 512.5 feet Northerly from the South East comer of said Block 2; thence West 347.2 feet, more or less to a point on the West line of said Lot 4, 527.1 feet North of the South West corner of Section 28, Township 43 North, Range 12, East of the 3rd P.M.; thence South 84.8 fat, more or less, to the South West comer of said Lot 4; thence East along the South line of said Lot 4 to a point 127.5 feet West of the South East corner thereof; thence Easterly to a point on said Easterly line of Lot 4, 9.5 feet Northerly from the South East comer thereof; thence Northerly 84.5 feet, more or less, to the place of beginning, in Lake County, Illinois. Amendment — Rent Reduction -12- THIS DOCUMENT PREPARED BY, and WHEN RECORDED RETURN TO: Michael Fraunces, President (858)799-7850 Md7, LLC 10590 W. Ocean Air Drive, Suite 300 San Diego, CA 92130 Parcel #: 16-28-321-016-0000 16-28-321-005-0000 16-28-321-006-0000 16-28-321-007-0000 16-28-321-009-0000 16-28-321-017-0000 16-28-321-018-0000 16-28-321-019-0000 16-28-321-020-0000 16-28-321-021-0000 Re: Cell Site #: IL0446 Cell Site Name: DOWNTOWN DEERFIELD (IL) Fixed Asset Number: 10006369 State: IL County: Lake MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this day of NOV-(k 201 J3, by and between the Village of Deerfield, an Illinois municipal corporation, having a mailing address at 850 Waukegan Road, Deerfield, IL 60015 (hereinafter referred to as "Village") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 (hereinafter referred to as "Lessee"). Village and Lessee entered into a certain Communications Tower Lease Agreement dated January 11, 2010, as amended by that certain First Amendment to Communications Tower Lease Agreement dated Ma ruk S , 204 (hereinafter, collectively, the "Lease") for the purpose of installing, operating and maintaining a communications facility and other improvements at Village's real property located in the City of Deerfield, County of Lake, commonly known as 850 Waukegan Road. All of the foregoing are set forth in the Lease. -I- IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. VILLAGE: Village of Deerfield, an Illinois municipal corporation By: w/ -" Print Name: �ACA6T 966AZTNAL— Title:i�%� Date: 3 �6 11 Y LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Title: am Vom= Sr Rea! EstWe 6 Cunstm&ion MsfWer Date: a7- [ACKNOWLEDGEMENTS APPEAR ON THE NEXT PAGE] -3- VILLAGE ACKNOWLEDGEMENT STATE OF �r-%jJhotS ) SS. COUNTY OF L-A kC ) I certify that I know or have satisfactory evidence that f OT61+ Aosen4a l is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the MA -16A of the Village of Deerfield, an Illinois municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 315 /.2 o /8 Notary Seal V ANDNEW S UCNMWm oftial SON NOWY Paolo • No of low$ MY COMM* ka EVW" Nov is. MG - - � - - - -j- (Signature of Notary) �VyDF-Ck1 1-IC'g1.4 X'WAV (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: /Va ✓ 1g Z o2 O 4- LESSEE ACKNOWLEDGEMENT STATE OF % l L_ fJ067) - ) SS. COUNTY OF�) I certify that I know or have satisfactory evidence that gem Velma is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Sr Real [state & conerucuon nager of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: o2:Z 2-61,F Notary Seal -KIMRERLEY EVANS Official Seal Notary Public - Stale of ;lilnois MY COnIMISSion Expires Sep 2, 2020 (S gqggrwdf Notary)(/ wmbe Ev (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of _�J l f-)6 My appointment expires: -5- Exhibit 1 to Memorandum of Lease Legal Description The Leasehold Premises is legally described as follows: Street Address: 850 Waukegan Road, Deerfield, IL 60015 Parcel #: 16 -28 -321 -016 -0000;16-28-321-005-0000;16-28-321-006-0000;16-28-321-007-0000; 16-28-321-009-0000; 16-28-321-017-0000; 16-28-321-018-0000; 16-28-321-019-0000; 16-28- 321-020-0000;16-28-321-021-0000 That certain Leasehold Premises (and access and utility easements) on aportion of the real property described as follows: That part of Lot 4 in Block 2 in the Original Town of Deerfield in the South West quarter of Section 28, Township 43North, Range 12, East of the 3`d P.M., according to the plat thereof, recorded March 16, 1857 in Book 27 of Deeds, page 167, described as follows, to -wit: Beginning at a point on the Easterly line of Lot 4 in Block 2 of the Original Town of Deerfield, 597 feet Northerly from the South East corner of said Block 2; thence West 329.3 feet, more or less, to a point on the West line of said Lot 4, 82 feet South of the North West comer thereof; thence South 86 feet, more or less, to a point 527.1 feet North of the South West comer of Section 28, Township 43 North, Range 12, East of the 3rd P.M., thence East to a point on said Easterly line of Lot 4, 84.5 feet Southerly from the place of beginning; thence Northerly from the place of beginning: (except that portion described as: Beginning at a point on the Easterly line of said Lot 4 in said Block 2, 597 feet Northerly from the South East corner of said Block 2; thence West 132 feet; thence South at right angles to the last aforesaid line, 29.47 feet; thence East 137.7 feet to the East line of aforesaid Lot 4; thence Northerly on the Easterly line of said Lot 4, 30 feet to the place of beginning, in Lake County, Illinois. ALSO That part of Lot 4 in Block 2 in the Original Town of Deerfield in the South West quarter of Section 28, Township 43North, Range 12, East of the 3'd P.M., according to the plat thereof, recorded March 16, 1857 in Book 27 of Deeds, page 167, described as follows, to -wit: Beginning at a point on the Easterly line of Lot 4, 512.5 feet Northerly from the South East comer of said Block 2; thence West 347.2 feet, more or less to a point on the West line of said Lot 4, 527.1 feet North of the South West comer of Section 28, Township 43 North, Range 12, East of the 3`d P.M.; thence South 84.8 feet, more or less, to the South West comer of said Lot 4; thence East along the South line of said Lot 4 to a point 127.5 feet West of the South East comer thereof, thence Easterly to a point on said Easterly line of Lot 4, 9.5 feet Northerly from the South East comer thereof; thence Northerly 84,5 feet, more or less, to the place of beginning, in Lake County, Illinois. M