Loading...
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 2 Waukegan& Kates IL 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 3 Waukegan& Kates IL 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 4 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. 5 Waukegan& Kates IL JAC/1-7-16 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. 0 Waukegan& Kates ]L JAC/T-7-16 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 7 Waukegan& Kates IL 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 0 Waukegan& Kates IL JAC)1-7-16 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 4�� 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. w . p M Hwma OJAgUJa1�IN WNiIM 1 Z Henowx. o H�� aawu+.mwuaavml a O fA ra�"' wr Heim e�.�e�raw�wilcarlw3ean 1 JBF1MRYa >b�OYliplYd IY! HeIA �!1{iBOpLTN.dii4a�1 f (y ILI y �� tlI SI W il�Y3I1C'BN VnXuliRYl Y IiFC EL 2 a a3�u1 ARo- R IL z� I PyV:1-..4-a Waukegan& Kates 6_ JACl9-7-16 Exhibit G (Antenna Facilities) Page 1 of 3 15 HENM MWO 19900. M PER SECTOR (7.€%12-1W. 3 ) Z � �t ONUS TZ-AWS} (1) Ili �t1R (20.4"XIS-15.0.4a , 83} I RokyrAp RCFMC-331l5—PF -4& SEC (1 Along with: (12) 1-5/8" Andrew LDF7 50A (1)1-5/8" Andrew HFr12o6-24526-XXX 19 dd W P'9G0. PO4 --_ an�a.oaoou.wxr.rn.. ` �1.LWtl010M1 o z zr _ o Qco m LU �2W3] � FFpp � pyyp., IN r fur Y Fgg_ZI'�i' awrawv�i�odoad iou�it�oi3�nrolsla 1d�1�131.., 7's!'.W-.1tC713H3lYLLDf�ElLS'TMrdIW Waukegan& Kates Il. JACII-7-16 Exhibit D (survey) 20 -ma zlq4­9 Pe.Y .'�YlI�Y 4.K 3lq 1 o � � b � r- S ADS R Y I Jfiil jJLai 11.M.M.Z0541 NIA N I. 1 z .T_ J /0 zcfj a a a Isla trig -No aI a�jYy3p$@qy' R zW N g� a�E371 ac.;: �e88aaIf O � W ���8��'33YF3�CS J j :095 IS w m r e � F ! C8 S Et _. t;Lv Y �®I F 4 6 .......................... ............. ....... ...... ... ...... _. . Ir\/ i_` I * _.__ iC\ 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