O-15-23VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-15-23
AN ORDINANCE AUTHORIZING A WATER TOWER
LEASE AGREEMENT WITH VERIZON WIRELESS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
17th
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
17thday of August , 2015.
day of August
, 2015.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-15-23
AN ORDINANCE AUTHORIZING A WATER TOWER
LEASE AGREEMENT WITH VERIZON WIRELESS
WHEREAS, the Village of Deerfield is the owner of a water tower ("Tower") located at
Kates Road and Kelburn Road, Deerfield, Illinois, together with the parcel of land ("Property") on
which the Tower is located; and
WHEREAS, Chicago SMSA Limited Partnership, doing business as Verizon Wireless
("Verizon"), submitted a proposal to the Village to lease a portion of the Property and certain space
on the Tower for the purpose of installing, maintaining and operating certain Verizon radio
communications equipment, antennas and appurtenances on the Tower and Property; and
WHEREAS, the Village has negotiated a Water Tower Lease Agreement (the "Lease") with
Verizon providing for ground leasing a portion of the Village's Property and space on the Tower
(collectively, the "Lease Premises") for the installation, maintenance and operation of Verizon's
radio communications equipment, antennas and appurtenances on the Lease Premises, a copy of said
Lease being attached hereto as exhibit A; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that the
Lease Premises described in said Lease are not needed for other public purposes of the Village and
that the public interest will be served by entering into said Lease attached hereto as Exhibit A under
the terms, conditions and covenants contained in said Lease;
-1-
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: That the corporate authorities of the Village of Deerfield do hereby authorize
and approve the Lease attached hereto and made a part hereof as Exhibit A by and between the
Village of Deerfield, as Lessor, and Chicago SMSA Limited Partnership, doing business as Verizon
Wireless, as Lessee.
SECTION 2: That the President of the Village of Deerfield is hereby authorized and
directed to execute said Lease for and on behalf of the Village of Deerfield, that the Village
President and Village Manager of the Village of Deerfield are hereby further authorized and directed
to execute and deliver such other instruments as may be necessary or appropriate to implement and
memorialize said Lease.
SECTION 3: That 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 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
-2-
PASSED this 17th day of August , 2015.
AYES: Jester. Nadler, Seiden, Struthers
NAYS: None
ABSENT: Farkas, Shapiro
ABSTAIN: None
APPROVED this 17th day of August , 2015.
ATTEST:
llage Cler
-3-
Village resident
SITTIG CORTESE LLC
Attorneys at Law
1500 Frick Building
Pittsburgh, PA 15219
412/402-4000
412/402-4011 fax
May 2, 2016
Andrew S. Lichterman.
Assistant to Village Manager
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
RE: Water Tower Lease Package
Site: Waukegan & Kates
Dear Mr. Lichterman:
E-Mail: blowery@sittingcortese.com
VIA FEDERAL EXPRESS
Enclosed please find the following documents for your records in connection with the
above -referenced site:
1. Two (2) fully executed originals of the Water Tower Lease Agreement; and
2. Two (2) My executed originals of the Memorandum of Water Tower Lease
Agreement.
If you have any questions or require additional information, please contact me.
Sincerely,
SITTIG CORTESE LLC
By:
Beth A. Lowery,
Paralegal
Enclosures
Waukegan& Kates IL
JACl1-7-16
WATER TOWER LEASE AGREEMENT
This Agreernent, made this IVI- day of Ap„ , E , 201 b between Village of
Deerfield, a municipal corporation, with its principal Aces at 850 Waukegan Road, Deerfield,
Illinois 60015, the LESSOR (hereinafter referred to as "VILLAGE") and Chicago SMSA Limited
Partnership, d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop
4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter
designated LESSEE. The VHJ-AGE and LESSEE are at tunes collectively referred to hereinafter
as the "Parties", or individually as the "Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree as follows:
1. PREMISES- VILLAGE hereby leases to the LESSEE a portion of that certain
space (the "Tower Space'j on the VILLAGE's water tower, hereinafter referred to as the "Tower",
located at Kates Road and Kelburn Road, Deerfield, Illinois 60015 (the entirety of VILLAGE's
Property is referred to hereinafter as the "Property" which is IegalIy described on Exhibit A
attached hereto), together with a parcel of land (the "Land Space") sufficient for the installation of
LESSEE's equipment platform and generator; together with the non-exclusive.right {"the Right of
Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or
motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending
from the nearest public right-of-way, Kelbum Road, to the Lend Space; and together with any
further rights of way (the "Further Rights of Way") over and through the Property between the
Land Space and the Tower Space for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of
Way, if any, are substantially described in Exhibit "B", attached hereto and made a part hereof
demised premises and are collectively referred to hereinafter as the "Premises".
In the event any public utility is unable to use the Right of Way or Further Rights of Way,
the VILLAGE hereby agrees to grant an additional right-of-ways) either to the LESSEE or to the
public utility at no cost to the LESSEE,
VILLAGE hereby.grants permission to LESSEE to install, maintain and operate the radio
communications equipment, antennas and appurtenances (the "Antenna Facilities') described in
Exhibit "C" attached hereto.
LESSEE shall have the right to replace the Antenna Facilities with similar and comparable
equipment provided said replacement does not increase tower loading of said Tower or otherwise
materially reduce or impair the capacity or performance of the Tower for its intended potable water
storage, distribution and fire protection purposes.
Waukegan& Kates I
JAC/1-7-1 B
2. SURVEY; ENGINEERING STUDY. VILLAGE also hereby grants to LESSEE the
right to survey the Property and Premises, and said survey shall, upon approval by VILLAGE, then
become Exhibit "D" which shall be attached hereto and made a part hereof, and shall control in the
event of boundary and access discrepancies between it and Exhibits "A" and "B". Cost for such
work shall be borne by the LESSEE.
LESSEE shall cause an engineering study of the Tower to be made by a reputable
engineering firm reasonably acceptable to VILLAGE to determine whether the Tower is able to
structurally support the Antenna Facilities without prejudicing or impairing VILLAGE's use of the
Tower for its primary potable water storage, distribution and fire protection purposes. Such study
shall be submitted to VILLAGE promptly after its completion, and no later than sixty (60) days
after the Effective Date.
3. TERM! RENTAL- ELECTRICAL.
This Agreement shall be effective as of the date of execution by both Parties (the
"Effective Date"), provided, however, the initial term shall be for five (5) years (the "Initial
TwnO and shall commence on the Commencement Date (as hereinafter defined) at which time
rental payments shall continence.
The Initial Term of this Agreement shall commence based upon the first to occur of the
following: (i) the date LESSEE commences installation of the Antenna Facilities on the
Premises, or (ii) ninety (90) days after the Effective Date. In the event this date falls between the
I' and 15" days of the month, the Agreement shall commence on the I" day of that month. In
event this date falls between the 16`' and 31 ere days of the month, the Agreement shall commence
on the 1" day of the following month (either the "Commencement Date'). VILLAGE and
LESSEE agree that they will acknowledge in writing the Commencement Date. VILLAGE and
LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by
LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement
Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1,
20I5, and the written acknowledgement confirming the Commencement Date is dated January
14, 2015, LESSEE shall send to the VILLAGE the rental payments for January I and February i
by February 13, 2015.
A one-time capital contribution payment of Five Thousand and No/100 Dollars
($5,000.00) shall be paid by the Region to VILLAGE within thirty (30) days of the Effective
Date for the VILLAGE's assistance in making the site ready for LESSEE's installation.
Annual rent for the Initial Term of this Agreement shall be Thirty Four Thousand Five
Hundred Sixty and No/100 Dollars ($34,560.00) ("Rent"), Rent shall be increased on each
annual anniversary of the Commencement Date during the Initial Term and any
Renewal Term (as hereinafter defined) of this Agreement, by an amount equal to three
percent (3.0%) of the Rent for the immediately preceding year.
Rent shall be paid by LESSEE in equal monthly installments on the first day of the
month, in advance, to VILLAGE, or to such other person, firm or place as VILLAGE may, from
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JAC11-7-w
time to time, designate in writing at least thirty (30) days in advance of any rental payment date
by notice given in accordance with paragraph 25 below.
LESSEE shall pay to VILLAGE a late payment charge equal to five percent (5%)
of the late payment for any monthly Rent payment or Sign On Fee not paid within ten
(10) days of when due. Any amounts not paid when due shall bear interest until paid at
the lesser of the rate of two percent (2%) per month or the highest rate permitted by law.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, VILLAGE agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE.
b. VU-LACE hereby agrees to provide to LESSEE certain documentation (the
"Rental Documentation") evidencing VILLAGE's interest in, and right to receive payments
under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE
in LESSEE's reasonable discretion, evidencing VILLAGE's good and sufficient title to and/or
interest in the Properly and right to receive rental payments and other benefits hereunder; (ii) a
complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form
acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this
Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable
discretion. From time to time during the Tern of this Agreement and within thirty (30) days of a
written request from LESSEE, VILLAGE agrees to provide updated Rental Documentation in a
form reasonably acceptable to LESSEE.
Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any
assignee(s), transferee(s) or other successor(s) in interest of VILLAGE shall provide to LESSEE
Rental Documentation in the manner set forth in the preceding paragraph. From time to time
during the Term of this Agreement and within thirty (30) days of a written request from LESSEE,
any assignee(s) or transferee(s) of VILLAGE agrees to provide updated Rental Documentation in
a form reasonably acceptable to LESSEE.
C. VILLAGE shall, at all times during the Term, provide electrical service and
telephone service access within the premises. If permitted by the local utility company servicing
the Premises, LESSEE shall furnish and install an electrical meter at the premises for the
measurement of electrical power used by LESSEE's installation. In the alternative, if permitted
by the local utility company servicing the Premises, LESSEE shall furnish and install an
electrical sub -meter at the Premises for the measurement of electrical power used by LESSEE's
installation. In the event such sub -meter is installed, the LESSEE shall pay the utility directly for
its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE
shall pay the VILLAGE thirty (30) days after receipt of an invoice from VILLAGE indicating the
usage amount based upon VILLAGE's reading of the sub -meter. All invoices for power
consumption shall be sent by VILLAGE to LESSEE at Verizon wireless, A&S 3846, F.O. Box
2375, Spokane, WA 99210-2375. LESSEE shall be permitted at any time during the Term, to
install, maintain and/or provide access to and use of, as necessary (during any power interruption
at the Premises), a temporary power source, and all related equipment and appurtenances within
the Premises, or elsewhere on the Property in such locations as reasonably approved by
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JACII-7-16
VILLAGE. LESSEE shall have the right to install conduits connecting the temporary power
source and related appurtenances to the Premises.
4. RENEWAL TERMS. The terra of this Agreement shall automatically
renew and be extended for four (4) successive renewal terms of five (5) years each
("Renewal Term(s)"), provided that this Agreement shall terminate at the end of the
then current term of this Agreement if LESSEE gives the VILLAGE written notice at
least one hundred eighty (180) days prior to expiration of the then current term that
LESSEE intends to terminate this Agreement at the end of the then current term.
5. USE OF PREMISES. LESSEE may use the Premises for the sole purpose
of constructing, installing, maintaining, repairing, removing, replacing and operating its
Antenna Facilities for the transmission, reception and operation of LESSEE's wireless
telecommunications system and signals, and uses incidental thereto, as provided in this
Agreement.
All improvements, equipment, antennas and conduits shall be at LESSEE's expense and
their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right
to replace, repair, add or otherwise modify its Antenna Facilities or any portion thereof and the
frequencies over which the equipment operates, whether the equipment, antennas, conduits or
frequencies are specified or not on any exhibit attached hereto, during the Term, provided that
the additional or replacement facilities do not increase Tower loading on the Tower, or otherwise
materially reduce or impair the capacity or performance of the Tower or Property for its -intended
potable water storage, distribution or fire protection purposes.
LESSEE shall, at its expense, comply with all present and future federal, state, and local
laws, ordinances, rules and regulations in connection with the use, operation, maintenance,
construction and/or installation of the Antenna Facilities and/or the Premises, including the
elimination of any harmful interference which is measurable in accordance with then existing
FCC or industry standards to any equipment of other authorized and permitted radio frequency
users of the Property which existed on the Property prior to the Effective Date.
5. TERMINATION OF AGREEMENT.
It is understood and agreed that LESSEFs ability to use the Premises is contingent upon
its obtaining after the Effective Date all of the certificates, permits and other approvals
(wIlectively the "Governmental Approvals') that may be required by any Federal, State or Local
authorities, as well as satisfactory soil boring tests and structural analysis of the Tower which will
permit LESSEE use of the Premises as set forth in this Agreement. VILLAGE shall cooperate
with LESSEE in its effort to obtain such approvals. In the event that (i) any of such applications
for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval
issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by
governmental authority; (iii) LESSEE determines prior to the Commencement Date that such
Governmental Approvals may not be obtained in a timely manner, (iv) LESSEE determines prior
to the Commencement Date that any soil boring tests or structural -analysis is unsatisfactory, or
(v) LESSEE determines prior to the Commencement Date that the Premises is no longer
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Waukegan& Kates FL
JAC/1-7-16
technically or structurally compatible for its use, LESSEE shall have the right to terminate this
Agreement.
At any time after the fifth anniversary of the Commencement Date, LESSEE shall
also have the right to terminate this Agreement effective on the next anniversary of the
Commencement Date if LESSEE reasonably determines that the Antenna Facilities have, for
technological reasons, become impracticable or unnecessary for LESSEE's wireless
communications services, provided LESSEE gives VILLAGE one hundred twenty (120)
days prior written notice of LESSEE's determination to terminate this Lease for such
reasons.
VILLAGE shall have the right to terminate this Agreement if (i) Village
determines, within sixty (60) days after receipt of the engineering study of the Tower
submitted to the VILLAGE pursuant to Paragraph 2 of this Agreement, that the Antenna
Facilities will prejudice or impair the primary use of the Tower for potable water
purposes; (ii) VILLAGE decides, as a result of loss or damage to the Tower, to
discontinue use of the Tower for potable water storage purposes; or (iii) the VILLAGE
determines based on generally accepted engineering principles that the Tower is
structurally unsound or is no longer necessary for the potable water storage and
distribution purposes of the VILLAGE, provided VILLAGE gives LESSEE one hundred
twenty (120) days prior notice of VILLAGE's determination to terminate this Lease for
the reasons specified in (ii) or (iii) of this subparagraph.
Notice of a determination by a Party to terminate this Agreement shall be given to the
other Party in writing by certified mail, return receipt requested, and shall be effective upon the
mailing of such notice, or upon such later date as designated by terminating Party. All Rent paid
to said termination date shall be retained by VILLAGE. Upon such termination, this Agreement
shall be of no further force or effect except to the extent of the representations, warranties and
indemnities made by each Party to the other hereunder.
7. TAXES. LESSEE shall have the responsibility to pay any personal property taxes,
real estate taxes, leasehold property taxes and any other assessments, or charges made against the
Premises or the Property which VILLAGE demonstrates is the result of LESSEE's use of the
Premises and/or the installation, maintenance, and operation of the LESSEE's improvements,
and any sales tax, occupation tax or excise tax imposed on the rent (except to the extent that
LESSEE is or may become exempt from the payment of tax in the jurisdiction in which the
Property is located), including any increase in real estate taxes at the Property which VILLAGE
demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises.
VILLAGE and LESSEE shall each be responsible for the payment of any taxes, levies,
assessments and other charges imposed including franchise and similar taxes imposed upon the
business conducted by VILLAGE or LESSEE at the Property. Notwithstanding the foregoing,
LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is
disputing in good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Except as set forth in this
Paragraph, VILLAGE shall have the responsibility to pay any personal property, real estate taxes,
assessments, or charges owed on the Property.
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LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment. VILLAGE shall reasonably cooperate with LESSEE at
LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set
forth, in the preceding sentence, including but not limited to, executing any consent, appeal or
other similar document. In the event that as a result of any appeal or challenge by LESSEE, there
is a reduction, credit or repayment received by the VILLAGE for any taxes previously paid by
LESSEE, VILLAGE agrees to promptly reimburse to LESSEE the amount of said reduction,
credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good
faith and reasonable dispute of any taxes under this paragraph, VILLAGE will pursue such
dispute at LESSEE's sole cost and expense upon written request of LESSEE.
8. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for
negligence against the other which nnay hereafter arise on account of damage to the Premises or
to the Property, resulting from any fire, ar other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Parties, or either of them. These waivers and
releases shall apply between the Parties and they shall also apply to any claims under or through
either Party as a result of any asserted right of subrogation. All such policies of insurance
obtained by either Party concerning the Premises or the Property shall waive the insurer's right of
subrogation against the other Party.
b. LESSEE, at its own cost and expense, will maintain commercial general
liability insurance with limits not less than $2,000,000 per occurrence for bodily injury
(including death) and for damage or destruction to property in any one occurrence. VILLAGE
shall be included as an additional insured as their interest may appear, and LESSEE shall provide
VILLAGE with a certificate of insurance demonstrating compliance with this paragraph within
ten (10) working days of (i) the anniversary of the Commencement Date.
C. Once during each Renewal Term during the term of this Agreement,
VILLAGE may, after written notice to LESSEE, review the insurance coverages to be carried by
LESSEE to determine if the minimum limits of insurance coverage set out in this Section 8
should be increased to protect the interests of the VILLAGE. VILLAGE shall consider factors
demonstrating changes in the Village's exposure to risk. If in the exercise of its reasonable
discretion VILLAGE determines that the minimum limits of insurance coverage set out in this
Section 8 should be increased, LESSEE shall within sixty (60) days after written notice from
VILLAGE of the additional insurance coverage deemed necessary by VILLAGE provide
VILLAGE with a certificate of insurance demonstrating LESSEE's compliance with the
increased minimum coverage.
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9. MUTUAL INDEMNITY.
(a) To the fullest extent permitted by law, the LESSEE shall indemnify and hold
harmless the VILLAGE and its agents, officers and employees from and against all claims,
judgments, damages, losses and expenses for personal injury or property damage which result
directly or indirectly from the negligent or intentional acts, omissions or misconduct of LESSEE
or its officer, agents or employees in connection with LESSEE's use of the Property under this
Agreement.
(b) To the fullest extent permitted by law, the VILLAGE shall indemnify and hold
harmless the LESSEE and its agents, officers and employees from and against all claims,
judgments, damages, losses and expenses for personal injury or property damage which result
directly or indirectly from the negligent or intentional acts, omissions or misconduct of
VILLAGE or its officer, agents or employees in connection with VILLAGE's use of the Property
under this Agreement.
10. LIMITATION OF LIABILITY. Neither Party shall be liable to the other, or any
of their respective agents, representatives or employees, for any lost revenue, lost profits, loss of
technology, rights or services, incidental, punitive, indireet, special or consequential damages,
loss of data, or interruption or loss of use of service, even if advised of the possibility of such
damages, whether under theory of contract, tort (including negligence), strict liability or
otherwise.
1 L ACCESS TO TOWER. VILLAGE agrees the LESSEE shall have free access to
the Tower at all times for the purpose of installing and maintaining the Antenna Facilities.
VILLAGE shall furnish LESSEE with necessary means of access for the purpose of ingress and
egress to this site and Tower location. It is agreed, however, that only authorized engineers,
employees or properly authorized contractors of LESSEE or persons under their direct
supervision will be permitted to enter said premises. The LESSEE acknowledges that the
safety of the municipal water system is of utmost priority and agrees to follow written
procedures and directions provided by Village with respect to any access to Village's
water supply facilities.
13. TOWER COMPLIANCE. The VILLAGE shall comply with all rules and
regulations enforced by the Federal Communications Commission with regard to the lighting,
marking and painting of towers.
No materials may be used by LESSEE in the installation of the Antenna Facilities that will
cause corrosion or rust or deterioration of the Tower structure or its appurtenances.
All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket
on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any
user's equipment space.
Not later than fifteen (15) days following the execution of this Agreement, VILLAGE shall
supply to LESSEE copies of all structural analysis reports that have done with respect to the Tower
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JAC/1-7-15
and throughout the Terns, VILLAGE shall supply to LESSEE copies of all structural analysis
reports that are done with respect to the Tower promptly after the completion of the same.
14. TEMPORARY RELOCATION. Upon thirty (30) days prior written notice
from VIILLAGE to LESSEE, LESSEE shall relocate its equipment on a temporary
basis to another location on the Property designated by the Village ("Temporary
Location") while the VILLAGE performs any maintenance, repair, painting,
construction or other similar work at the Property or on the Tower deemed necessary
by the VILLAGE.
a. The Temporary Location shall be similar in size to the existing location
of the relocated equipment, and shall be reasonably compatible given the
constraints of the Property with the temporary operation of LESSEE's
communications equipment for the purposes set forth in Paragraph 5.
b. If in the VILLAGE's reasonable judgment LESSEE must relocate its
antennas from the Tower to accommodate such work, LESSEE shall temporarily
relocate its antennas onto a cell on wheels (a "COW") at the Temporary
Location until such work has been completed. In the event that VILLAGE does
not require LESSEE to relocate its antennas to accommodate such work,
LESSEE shall take reasonable measures at LESSEE's cost to cover or otherwise
protect LESSEE's equipment, personal property or Antenna Facilities from
damage or interference which may be expected to occur during the performance
of VILLAGE's maintenance, repair, painting or construction work, provided
that such protective measures shall not cause material interference with
VILLAGE's work.
C. LESSEE shall not have or make any claim for damages or reimbursement
of revenue from the VILLAGE due to any loss of service during any such
maintenance, repair, painting or construction work.
d. Temporary Antenna Facilities shall be removed no more than thirty (30)
days following the completion of VILLAGE's maintenance, repair, painting or
construction work. Under no circumstances shall the height of a COW or other
temporary Antenna Facility exceed the height of the Tower.
15. INMRFERENCE. LESSEE agrees to install and maintain Antenna Facilities
equipment of the type and frequency which will not cause harmful interference which is
measurable in accordance with then existing industry standards to any equipment of VILLAGE
or other authorized radio frequency tenants or users of the Property which existed on the Property
prior to the Effective Date. In the event any after -installed LESSEE's equipment causes such
interference, and after VILLAGE has notified LESSEE in writing of such interference, LESSEE
will take all commercially reasonable steps necessary to correct and eliminate the interference,
including but not limited to, at LESSEE's option, powering down such equipment and later
powering up such equipment for intermittent testing. In no event will VILLAGE be entitled to
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terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith
effort to remedy the interference issue. VILLAGE agrees that VILLAGE and/or any other radio
frequency tenants or users of the Property ("Other Users") who currently have or in the future
take possession of the Property will be permitted to install only such equipment that is of the type
and frequency which will not cause harmful interference which is measurable in accordance with
then existing industry standards to the then existing equipment of LESSEE. So long as Other
Users are making a good faith effort to remedy the interference issues, LESSEE will not be
entitled to terminate this Agreement. The Parties acknowledge that there will not be an adequate
remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party
shall have the right to equitable remedies, such as, without limitation, injunctive relief and
specific performance.
16. REMOVAL AT END OF TERM. LESSEE shall, within ninety (90) days of
expiration of the Term, or after any earlier termination of the Agreement, remove its building(s),
antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its
original condition, reasonable wear and tear and casualty damage excepted. VILLAGE agrees
and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE
shall remain the personal property of LESSEE and LESSEE shall have the right to remove the
same at any time during the Term, whether or not said items are considered fixtures and
attachments to real property under applicable Laws. If such time for removal causes LESSEE to
remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then
existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment
term, until such time as the removal of the building, antenna structure, fixtures and all personal
property are completed.
17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any
part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless
the Parties are negotiating a new lease or lease extension in good faith and LESSEE is paying the
Rent then in effect. In the event that the Parties are not in the process of negotiating a new lease
or lease extension in good faith, LESSEE holds over in violation of Paragraph 16 and this
Paragraph 17, then the Rent then in effect payable from and after the time of the expiration or
earlier removal period set forth in Paragraph 16 until the time LESSEE relinquishes possession
of the Premises and completes removal of its Antenna Facilities from the Premises shall be equal
to 150% of the Rent applicable during the month immediately preceding such expiration or
earlier termination_
18.QIET ENJOYMENT. VILLAGE covenants that LESSEE, on paying the Rent
and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the
Premises.
19. TrME. VILLAGE represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that VILLAGE is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
VILLAGE further covenants during the Term that there are no liens, judgments or impediments
of title on the Properly, or affecting VILLAGE's title to the same and that there are no covenants,
Z
Waukegan& Kates IL
JAC/1-7-98
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
20. INTEGRATION: WAVER. It is agreed and understood that this Agreement
contains all agreements, promises and understandings between VILLAGE and LESSEE and that
no verbal or oral agreements, promises or understandings shall be binding upon either VILLAGE
or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or
modification to this Agreement shall be void and ineffective unless made in writing signed by the
Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any
provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect
the validity and enforceability of the remaining provisions of this Agreement. The failure of
either Party to insist upon strict performance of any of the terms or conditions of this Agreement
or to exercise any of its rights under the Agreement shall not waive such rights under the
Agreement and shall not constitute a waiver of that Party's right to insist that the other Party in
the future strictly comply with any and all of the terms and conditions contained in this
Agreement and to enforce such rights by any appropriate remedy in law or in equity.
19. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State of Illinois.
20. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the VILLAGE to the LESSEE's principal, affiliates,
subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Communications Commission in which the Property
is located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement may not be sold, assigned or transferred without the prior written consent of the
VILLAGE. No change of stock ownership, partnership interest or control of LESSEE or transfer
upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
21. NOTICES. All notices hereunder must be in writing and shall be deemed validly
gives if sent by certified mail, return receipt requested, or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
VILLAGE: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
LESSEE: Chicago SMSA Limited Partnership,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
10
Waukegan& Ketes IL
JACt1-7-16
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
22. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
23. SUBORDINATION AND NON -DISTURBANCE. VILLAGE shall obtain not
later than fifteen (15) days following the execution of this Agreement, a Non -Disturbance
Agreement, as defined below, from its existing mortgagee(s), if any, of the Property. At
VILLAGE's option, this Agreement shall be subordinate to any future master lease, ground lease,
mortgage, deed of trust or other security interest (a "Mortgage'D by VILLAGE which from time
to time may encumber all or part of the Property, Tower or right-of-way; provided, however, as a
condition precedent to LESSEE being required to subordinate its interest in this Agreement to
any future Mortgage covering the Tower or Property, VILLAGE shall obtain for LESSEE's
benefit a non -disturbance and attornment agreement for LESSEE's benefit in the form reasonably
satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance
Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to
the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and
cure periods. The Non -Disturbance Agreement shall include the encumbering partys
("Lender's") agreement that, if Lender or its successor -in -interest or any purchaser of Lender's or
its successor's interest (a "Purchaser') acquires an ownership interest in the Tower or Property,
Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the
Agreement, (2) fulfill VILLAGE's obligations under the Agreement, and (3) promptly cure all of
the then -existing VILLAGE defaults under the Agreement. Such Non -Disturbance Agreement
must be binding on all of Lender's participants in the subject loan (if any) and on all successors
and assigns of Lender and/or its participants and on all Purchasers. In return for such
Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which
LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property
interest in favor of Lender, (2) agrees to attom to Lender if Lender becomes the owner of the
Tower or Property and (3) ages accept a cure by Lender of any of VII.LAGE's defaults,
provided such cure is completed within the deadline applicable to VILLAGE. In the event
VILLAGE defaults in the payment and/or other performance of any mortgage or other real
property interest encumbering the Property, LESSEE, may, at its sole option and without
obligation, cure or correct VILLAGE's default and upon doing so, LESSEE shall be subrogated
to any and all rights, titles, liens and equities of the holders of such mortgage or other real
property interest and LESSEE shall be entitled to deduct and setoff against all rents that may
otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such
defaults.
24. RECORDING. VILLAGE agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
11
Waukegan& Kates IL
JAC/1-7-16
25. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, VILLAGE
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to
cure any non -monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion- VILLAGE may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by VILLAGE with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give VILLAGE written
notice of such breach. After receipt of such written notice, VILLAGE shall have thirty (30) days
in which to cure any such breach, provided VILLAGE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and VILLAGE commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against VILLAGE unless and until
VILLAGE has failed to cure the breach within the time periods provided in this Paragraph.
Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if
VILLAGE fails, within five (5) business days after receipt of written notice of such breach, to
perform an obligation required to be performed by VILLAGE if the failure to perform such an
obligation interferes with. LESSEE's ability to conduct its business on the Property, provided,
however, that if the nature of VILLAGE's obligation is such that more than five (5) business
days after such notice is reasonably required for its performance, then it shall not be a default
under this Agreement if performance is commenced within such five (5) day period and
thereafter diligently pursued to completion.
26. REMEDIES. Upon a default, the non -defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtaining of reasonably required insurance
Policies. The costs and expenses of any such performance by the non -defaulting Party shall be
due and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non -defaulting
Party in the exercise of any right or remedy which the non -defaulting Party may have by reason
of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy
now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the
state in which the Premises are located; provided, however, the non -defaulting Party shall use
reasonable efforts to mitigate its damages in connection with a default.
12
Waukegan& Kates IL
JACl9 -7-16
27. ENVIRONMENTAL.
a.. VILLAGE will be responsible forall obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way *elated to the Tower or Property,
unless such conditions or concerns are caused by the specific activities of LESSEE in the
Premises.
b. VILLAGE shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at VILLAGE's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim,, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
compliance results from conditions caused by LESSEE; and b) any environmental or industrial
hygiene conditions arising out of or in any way related to the condition of the Tower or Property
or activities conducted thereon, unless such environmental conditions are caused by LESSEE.
28. CASUALTY. In the event of damage by fire or other casualty to the Tower that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the
Tower is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE
may, at any time following such fire or other casualty, provided VILLAGE has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, terminate this
Agreement upon fifteen (15) days prior written notice to VILLAGE. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, the Rent shall
abate during the period of repair following such fire or other casualty in proportion to the degree
to which LESSEE's use of the Tower is impaired.
29. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Tower, LESSEE; in LESSEE's sole discretion, is unable to use the Premises
for the purposes intended hereunder, or if such condemnation may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at
LESSEE's option, to be exercised in writing within fifteen (15) days after VILLAGE shall have
given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15)
13
Waukegan& Kates L
JAC/1-T-16
days after the condemning authority shall have taken possession) terminate this Agreement as of
the date the condemning authority takes such possession. LESSEE may on its own behalf make
a claim in any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
of its leasehold interest). Any such notice of termination, shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
as of such termination date with respect to payments due to the other under this Agreement. If
LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining. In the event that
this Agreement is not terminated by reason of such condemnation, VILLAGE shall promptly
repair any damage to the Premises caused by such condemning authority.
30. SUBMISSION OF AGREEMENT/PART AL INVAL DITYIAUTHORTTY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement on such Party's
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreement.
31. APPLICABLE LAWS. During the Terns, VILLAGE shall maintain the Property
and all structural elements of the Premises in compliance with all applicable laws, rules,
regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and
restrictions of record, permits, building codes, and the requirements of any applicable fire
insurance underwriter or rating bureau, now in effect or which may hereafter come into effect
(including, without limitation, the Americans with Disabilities Act and laws regulating hazardous
substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and
at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's
specific and unique nature of use of the Premises (other than general office use); and (b) all
building codes requiring modifications to the Premises due to the improvements being made by
LESSEE in the Premises.
32. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
[Remainder of page intentionally left blank]
14
Waukegan& Kates IL-
JAC/1-i-! 6
33. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
VILLAGE:
Village of Deerfield,
a municipal corporation
I �2
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By: -- -
Name: r
Its: _ �t dq&'+r
Date: I2 - - Zo Iro
LESSEE:
Chicago SMSA Limited Partnership,
d/b/a Verizon Wireless
By: Cellco Partnership, its general partner
By (16Z! !
Jacque V
Executi ector Network
Date::.z�
15
Waukegan& Kates IL
JACl1-7-16
Exhibit A
(Legal Description)
LEGAL DESCRIPTION (PARENT PARCEL) (PER TITLE COMMITMENT)
THAT PART OF THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THAT PART OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING BETWEEN THE CENTER LINE OF'WAUKEGAN ROAD AND THE EASTERLY LINE OF THE RIGHT-OF-
WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT
THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THE
SOUTHWEST QUARTER OF SECTION 33 AFORESAID, AND SAID EASTERLY LINE OF THE RIGHT-OF-WAY OF
THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, AND RUNNING THENCE SOUTHEASTERLY ALONG
THE EASTERLY LINE OF THE RIGHT-OF-WAY OF SAID CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD,
200 FEET; THENCE NORTHEASTERLY 214.12 FEET MORE OR LESS, TO A POINT ON SAID NORTH LINE OF
THE SOUTH 242.2 FEET OF THE NORTH 877.6 FEET OF THE SOUTHWEST QUARTER OF SECTION 33, 200
FEET EAST OF THE PLACE OF BEGINNING; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 242.2
FEET OF THE NORTH 877.6 FEET OF THE SOUTHWEST QUARTER OF SECTION 33,200 FEETTO SAID
EASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD AND
THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
16
Waukegan& Kates 1L
JACl4-7-16
Exhibit B
(Tower Space, Land Space, Right of Way and Further Rights of Way)
PROPOSED 20.00 FOOT 36.00 FOOT LEASE PARCEL LEGAL DESCRIPTION:
THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF LOT 45 IN COROMANDEL SUBDIVISION ACCORDING TO THE PLATTHEREOF
RECORDED OCTOBER 14, 1994 AS DOCUMENT 3603333, THENCE SOUTH 25 DEGREES 08 MINUTES 59
SECONDS EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE METRA RAILWAY, FORMERLY THE
CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, 33.15 FEETTO THE SOUTH RIGHT-OF-WAY LINE OF
KATES ROAD, BEING A 30.00 FEET WIDE RIGHT-OF-WAY HERETOFORE DEDICATED PER DOCUMENTS
1196432 AND 1296435; THENCE SOUTH 89 DEGREES 57 MINUTES 57 SECONDS EAST ALONG SAID
SOUTH RIGHT-OF-WAY LINE 136.03 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 03 SECONDS WEST
8.00 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 57 SECONDS WEST 102.24 FEET; THENCE SOUTH
02 DEGREES 07 MINUTES 09 SECONDS WEST 6.10 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
87 DEGREES S2 MINUTES 51 SECONDS EAST 20.00 FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 09
SECONDS WEST 36.00 FEET; THENCE NORTH 87 DEGREES 52 MINUTES 51 SECONDS WEST 20.00 FEET;
THENCE NORTH 02 DEGREES 07 MINUTES 09 SECONDS EAST 36.00 FEET TO THE POINT OF BEGINNING,
IN LAKE COUNTY, ILLINOIS. CONTAINING 720 SQUARE FEET, MORE OR LESS.
PROPOSED 8.00 FOOT WIDE UTILITY EASEMENT LEGAL DESCRIPTION:
THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF LOT 45 IN COROMANDEL SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 14,1994 AS DOCUMENT 3603333; THENCE SOUTH 25 DEGREES 08 MINUTES 59
SECONDS EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE METRA RAILWAY, FORMERLY THE
CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, 33.15 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
KATES ROAD, BEING A 30.00 FEET WIDE RIGHT-OF-WAY HERETOFORE DEDICATED PER DOCUMENTS
1196432 AND 1196435, ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 57
MINUTES 57 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 136.03 FEET; THENCE SOUTH 00
DEGREES 02 MINUTES 03 SECONDS WEST 8.00 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 57
SECONDS WEST 102.24 FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 09 SECONDS WEST42.10 FEET;
THENCE NORTH 87 DEGREES 52 MINUTES 51 SECONDS WEST 8.00 FEET, THENCE NORTH 02 DEGREES 07
MINUTES 09 SECONDS EAST 41.81 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 57 SECONDS WEST
22.02 FEET TO AFORESAID EASTERLY RIGHT-OF-WAY LINE OF METRA RAILWAY; THENCE NORTH 25
DEGREES 08 MINUTES 59 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE 8.84 FEET TO THE
POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. CONTAINING 1409 SQUARE FEET, MORE OR LESS.
17
Wa► kegan& Kates IL
JACl1-7-16
PROPOSED 12.00 FOOT WIDE ACCESS EASEMENT LEGAL DESCRIPTION:
A 12-00 FEET WIDE ACCESS EASEMENT, 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE
:THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EASE" OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ATTHE
SOUTHWEST CORNER OF LOT 45 IN COROMANDEL SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 14, 1994 AS DOCUMENT 3603333; THENCE SOUTH 25 DEGREES 08 MINUTES 59
SECONDS EASTALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE METRA RAILWAY, FORMERLY THE
CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, 33.15 FEETTO THE SOUTH RIGHT-OF-WAY LINE OF
KATES ROAD, BEING A 30.00 FEET WIDE RIGHT-OF-WAY HERETOFORE DEDICATED PER DOCUMENTS
1196432 AND 1196435; THENCE SOUTH 89 DEGREES 57 MINUTES 57 SECONDS EAST ALONG SAID
SOUTH RIGHT-OF-WAY LINE 65.13 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 03 DEGREES 00
MINUTES 33 SECONDS WEST 9.16 FEET; THENCE SOUTH 34 DEGREES 11 MINUTES 13 SECONDS WEST
9.21 FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 09 SECONDS WEST 19.05 FEET TO THE POINT OF
TERMINUS, IN LAKE COUNTY, ILLINOIS. CONTAINING 445 SQUARE FEET, MORE OR LESS.
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rizo ' VlERIZON WIRELESS HO NETWORK REAL ESTATE
WRITTEN ACKNOWLEDGEMENT OF
LEASE COMMENCEMENT
The Verizon Wireless representative is responsible for completing Section 1, then providing to the Landlord for
completion of Section 2.
SECTION 1 - This section to be completed by Verizon Wireless, When filling out this section, please be sure to refer
to the commencement language per the Agreement.
Site Name: Waukegan & Kates
Site Address: 700 Kates Road, Deerfield, I L, 60015
i
Contract Number: GL Location Number:
� 6/'l 116
Commencement Date:
Printed Name of
Verizon Representative:
Nick LaVal-le
Date: 06/10/16
For Agreements that require Written Acknowledgement of Node and Network Operational Notice, please also
provide the following:
Node Acceptance Date
Node Name or
Cluster Name/Number
Is the Node the FINAL NODE in the Supplement? ❑ YES ❑ Na
SECTION 2 - This section to be completed by Lessor/ Landlord and then returned to the Verizon Wireless
representative,
Company Name: Village of Deerfield
(if applicable) _ - __--
Acknowledged by
Lessor I Landlord: Date:
Printed Name i e• Title:
of Lessor 1 Landlord:(if applicable �,� atf►Gl
especial Instructions:
Per the agreement CD is at start of installation, Cx start was on 6/6/16. As defined by agreement
CD is therefore 6/1/16..
The Verizon Wireless representative is responsible for sending this completed form, along with a fully completed
Commence a Lease / Exercise an Option Form to HQ Network Real Estate using the HQNRE Commencement Mailbox,
Revised 2.2016