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O-09-28VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -28 AN ORDINANCE AUTHORIZING A COMMUNICATIONS TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC WHEREAS, the Village of Deerfield is the owner of a certain tract of real property located at 850 Waukegan Road (the "Subject Property ") that is used for purposes of the Deerfield municipal complex and police station; and, WHEREAS, the Village entered into a certain Tower Construction and Lease Agreement with Chicago SMSA Limited Partnership ( "Verizon Wireless ") providing for, among other things, the construction of a 120 ft. stealth monopole and related facilities on the Subject Property (the "Monopole ") that will enable wireless telecommunications retailers leasing space on the Monopole to provide enhanced wireless telecommunications coverage within the Village of Deerfield; and, WHEREAS, New Cingular Wireless PCS, LLC, a Delaware limited liability company ( "New Cingular Wireless "), also known as AT &T Wireless, has submitted a proposal to the Village to lease certain ground space and a position on the Monopole for the purpose of enhancing its network services in the Village of Deerfield and providing better telecommunications services to its customers within Deerfield and surrounding areas; and, WHEREAS, the Village has negotiated a certain Communications Tower Lease Agreement (the "Lease ") with New Cingular Wireless for said purposes, a copy of said Lease being attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that the 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 with New Cingular Wireless; and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village that the Village and New Cingular Wireless enter into said Communications Tower Lease Agreement attached hereto under the terms, conditions and covenants contained in said Lease; 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 New Cingular Wireless PCS, LLC as Lessee. SECTION 2: That the President and Village Clerk of the Village of Deerfield are hereby authorized and directed to respectively execute and attest said Lease for and on behalf of the Village of Deerfield. 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 -2- 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 and approval as provided by law. PASSED this 21st day of December , 2009. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 21st day of December , 2009. ATTEST: illage Cler -3- Village President Market: IL/WI Cell Site Number: IL0446 Cell Site Name: Downtown Deerfield Fixed Asset Number: 10006369 COMMUNICATIONS TOWER LEASE AGREEMENT This Communications Tower Lease Agreement (this "Agreement" or this "Lease "), is made this day of , 20 , between Village of Deerfield, an Illinois municipal corporation, with its principal offices located at 850 Waukegan Road, Deerfield, IL 60015, hereinafter designated "VILLAGE" or "LANDLORD" and New Cingular Wireless PCS, LLC, a Delaware limited liability company, with its principal offices at 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004, hereinafter designated as "LESSEE ". VILLAGE and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as "Party ". RECITALS: A. VILLAGE is the owner in fee simple of a parcel of land located at 850 Waukegan Road, Deerfield, Illinois 60015, and legally described on the attached Exhibit A (the "Property"), which is the site of the Deerfield Village Hall and Police Station ( "Village Complex "). B. The Property includes a small open area at the. northwest corner of the Village Complex (the "Premises ") that is suitable for development of a one hundred - twenty foot (120 ft.) monopole communications tower, equipment shelter, equipment enclosures and related facilities sufficient to accommodate the telecommunications antennas, cables, conduits and equipment of up to four (4) wireless telecommunications carriers, including LESSEE. C. VILLAGE has contracted with Chicago SMSA Limited Partnership d/b /a Verizon Wireless ( "Verizon ") for the financing, development and construction of a one hundred - twenty foot (120 ft.) monopole communications tower (the "Tower" as described in Section LIA below), equipment shelter (the "Shelter" as described in Section LIA below), equipment enclosure (the "Equipment Enclosure" as described in Section I. IA below) and related facilities on the Premises by Verizon, as more fully described on the construction drawing attached hereto as Exhibit B ( "the Verizon Construction Plans "). D. LESSEE and VILLAGE desire to contract, as more fully provided in this Agreement, to: (i) commit LESSEE to paying a pro rata share of the cost of developing and constructing the Tower and related facilities to be constructed by Verizon for use by Verizon, LESSEE and other wireless communications providers that enter into similar agreements with the VILLAGE; and (ii) lease specific space on the Tower and ground space on the Premises to LESSEE for LESSEE's installation, maintenance, operation and use of LESSEE's wireless communications antennas and equipment and the provision of LESSEE's communications services. In consideration of the mutual promises, terms, conditions and covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: ARTICLE ONE: APPROVAL OF TOWER CONSTRUCTION AND REIMBURSEMENT COMMITMENT FOR COST OF TOWER AND RELATED FACILITIES 1.1 CONSTRUCTION OF TOWER AND SHELTER. A. VILLAGE represents that Verizon has agreed, contingent upon securing firm lease commitments from two (2) other wireless communications providers, to construct on the Premises (i) a one hundred - twenty foot (120 ft.) monopole communications tower (the "Tower ") with space for up to four (4) wireless carriers and VILLAGE's public safety radio antennas, (ii) an equipment shelter consisting of an 11.5 foot by 32 foot addition to the Village Hall Complex to house the wireless communications equipment for Verizon and at least one other wireless carrier leasing a position on the Tower (the "Shelter "), and (iii) a gravel site for a concrete equipment pad contained within a brick enclosure with secured entrance to house the equipment of two other wireless carriers leasing a portion of the Tower (the "Equipment Enclosure "), all as depicted in Exhibit B hereof. B. LESSEE represents that it has reviewed said site plan and construction drawings and that it has obtained such other and further information as LESSEE deems necessary, useful or appropriate, and warrants that the Premises and the Tower (as designed and as planned to be constructed and installed) will be satisfactory to LESSEE for the installation, maintenance, operation and use of LESSEE's wireless communications antennas and equipment in the LESSEE's Tower Space and for the provision of LESSEE's communications services from the Premises. C. The Tower shall be of a construction as depicted in Exhibit B. With the exception of VILLAGE's emergency communications antennas, all antennas to be mounted to the Tower shall be flush mounted in a manner similar to that 'depicted on Exhibit B. D. VILLAGE agrees to lease Tower Space to LESSEE for LESSEE's antennas to be placed at the eighty seven foot (87') level and for the installation of LESSEE's related facilities. E. VILLAGE agrees to lease to LESSEE the approximately seventeen foot (17.0') by seven foot six inch (7' 6 ") space within the Equipment Enclosure east of the Tower for LESSEE's ground equipment (the "Equipment Space "). 1.2 GOVERNMENT APPROVALS. VILLAGE warrants that Verizon has obtained all of the certificates, permits and other approvals required of the Village for construction, operation and maintenance of the Tower, Shelter and Equipment Enclosure on the Premises.. 1.3 PUBLIC SAFETY ANTENNAS. VILLAGE warrants that Verizon will remove the existing police communications tower currently located at the Property ( "Existing Tower ") and will purchase and install up to four new emergency antennas on the Tower for VILLAGE's emergency public safety communications purposes at the time of construction of the Tower, and that this cost is included in Reimbursable Costs (hereinafter defined). 1.4 CONSTRUCTION SCHEDULE. LESSEE is responsible for all antennas, equipment and facilities to be designed fabricated and installed in the Tower Space or in the Equipment Enclosure ( "Tenant Improvements ") for purposes of providing LESSEE's wireless communications services and for obtaining a building permit, if required, for the installation of such Tenant Improvements in accordance with Exhibit D attached hereto ( "AT &T's Construction Plans "). 1.5 CONSTRUCTION OF TOWER AND EQUIPMENT ENCLOSURE. LESSEE has determined to its satisfaction that the Tower and Equipment Enclosure will be satisfactory to LESSEE for the installation, maintenance, operation and use of LESSEE's wireless communications antennas and equipment in the LESSEE's Tower Space and Equipment Enclosure Space for the provision of LESSEE's communications services from the Premises. 1.6 RESTORATION OF PROPERTY. VILLAGE warrants that any damage done to the Property during construction of the Tower and the Equipment Enclosure shall be repaired or replaced as soon as physically practical at Verizon's sole expense and to the VILLAGE's reasonable satisfaction. 1.7 REIMBURSABLE COSTS. In consideration for the costs incurred by Verizon for designing and constructing the Tower, Shelter, Equipment Enclosure, Tenant Improvements (to the extent not paid for by LESSEE or (Other Tenants), the costs associated with the removal of the Existing Tower and with purchasing and installing VILLAGE's emergency public safety equipment on the Tower ( "Village Improvements ") and all ancillary improvements required by the VILLAGE, (collectively the "Reimbursable Costs "), LESSEE shall pay its allocable share of the Reimbursable Costs as provided in Section 1.8 below. The Reimbursable Costs incurred by Verizon are attached hereto as Exhibit E. 1.8 PAYMENT OF REIMBURSABLE COSTS. A. Reimbursable Costs shall be equally divided between Verizon, LESSEE and all Other Tenants (one quarter (1/4) each), except that the cost of Tenant Improvements shall be paid by Verizon, LESSEE or such Other Tenant as is responsible for such Tenant Improvements. B. LESSEE shall be obligated to pay $114,957.71, being its allocable share of Reimbursable Costs to Village prior to commencing construction of Tenants Improvements, but in no event later than thirty (30) days after the Effective Date. C. VILLAGE agrees that LESSEE will have no duty or obligation to pay any Reimbursable Costs to Verizon after its payment to the Village in accordance with Paragraph B hereof. 1.9 LESSEE AGREEMENTS WITH VERIZON. It is understood and agreed that LESSEE and Verizon may enter into other and further agreements with each other and with Other Tenants relating to design, specification, construction, warranties, payment of Reimbursable Costs and other matters relating to execution and implementation of their agreements with the VILLAGE and with each other, provided only that VILLAGE is given notice of the substance of such agreements and such agreements do not operate to delay or frustrate the purpose of the Village's separate and collective agreements with Verizon, LESSEE or Other Tenants. 1.10 TRANSFER OF TITLE. VILLAGE warrants that upon completion of construction in accordance with this Lease, Verizon shall transfer: (i) clear and merchantable title to the Tower and Shelter to VILLAGE, free and clear of all liens, security interests, encumbrances, mortgages or other conditions adversely affecting or encumbering title to the facilities, and (ii) clear and merchantable title to LESSEE's Tenant Improvements to LESSEE, free and clear of all liens, security interests, encumbrances, mortgages or other conditions adversely affecting or encumbering title to the facilities. ARTICLE TWO: LEASE OF TOWER AND SHELTER SPACE 2.1 LEASEHOLD PREMISES. VILLAGE leases to LESSEE, for purposes of installing, maintaining, repairing, replacing and upgrading LESSEE's Antenna Facilities as defined herein: (i) a certain portion of the space on the Tower for its antennas to be placed at the eighty seven foot (87') level and for the installation of LESSEE's related facilities. (the "Tower Space "); (ii) the seventeen foot (17.0') by seven foot six inch (7 6 ") space within the Equipment Enclosure east of the Tower for LESSEE's ground Equipment (the "Equipment Space "); and (iii) a non - exclusive right (the "Right of Way ") for reasonable ingress and egress, seven (7) days a week, twenty -four (24) hours a day, on foot or motor vehicle, including trucks (access license area), and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes (utility license area) over, under, or along that part of the Property depicted on Exhibit F attached hereto extending to the nearest public right -of -way including a four (4) foot utility easement (the "Further Rights of Way ") over and through the Property and between the Equipment Space and the Tower Space for the installation and maintenance of utility wires, cables, conduits, and pipes necessary and appropriate for installing, maintaining, operating, repairing and replacing the Antenna Facilities. The Tower Space, Equipment Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibits C, D and F attached hereto and made a part hereof, are the demised premises and are collectively referred to herein as the "Leasehold Premises ". 2.2 MODIFICATION OF EASEMENTS. In the event any public utility is unable to use the aforementioned right -of -way, the VILLAGE hereby agrees to grant an additional, mutually agreeable right -of -way either to the LESSEE or to the public utility at no cost to the LESSEE. The initial easement for access is depicted on Exhibit C, however, the VILLAGE may at its cost relocate the Right of Way or the Further Rights of Way at any time during the term of this Lease provided that the LESSEE shall be at all times provided with reasonable access to the Leasehold Premises, and LESSEE's use of the Leasehold Premises and access to the Leasehold Premises is not disrupted. 2.3 SURVEY. VILLAGE also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit C, upon reasonable approval by VILLAGE which shall not be unreasonably withheld, delayed or conditioned; and shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit A. Cost for such work shall be borne by the LESSEE. 2.4 USE OF LEASEHOLD PREMISES. During the term of this Lease LESSEE may use the Leasehold Premises for the installation, operation, maintenance, removal, replacement and modification of its antenna equipment, cable wiring, electronic equipment, attachments and related fixtures, as more fully described on AT &T's Construction Plans attached hereto (collectively referred to as the "Antenna Facilities "), for the purpose of operating and providing LESSEE's wireless telecommunications system and service. For a period of ninety (90) days following the start of LESSEE's installation of equipment, VILLAGE grants LESSEE, its subtenants, licensees and sublicensees, the right to use such portions of VILLAGE's adjoining or surrounding property, as may reasonably be required during construction and installation of the Antenna Facilities. LESSEE has the right to install and operate transmission cables from the Equipment Enclosure to the antennas, electric lines from the main feed to the Equipment Enclosure and communication lines from the main entry point to the Equipment Enclosure. Except as provided in Section 2.8 hereof, LESSEE may not add additional equipment and/or antennas to the Tower from that shown on AT &T's Construction Plans without the prior written approval of the VILLAGE, which approval shall not be unreasonably withheld, conditioned or delayed. 2.5 INSTALLATION OF ANTENNA FACILITIES. LESSEE's initial installation of its Antenna Facilities shall be done according to plans depicted in Exhibit D which are hereby approved by the Village. VILLAGE will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Agreement and will return disapproved Plans to LESSEE promptly upon request. LESSEE's installation shall not unreasonably or materially interfere with VILLAGE's use of the Tower or the Property, or with the use of the Tower or Property by Verizon or Other Tenants that have previously installed their antenna facilities on the Premises. LESSEE shall have the right to enter upon the Leasehold Premises to conduct such testing and inspections as it may deem necessary, subject to the terms and conditions of this Agreement. Further, following the completion of its installation, the LESSEE shall have the right, at LESSEE's expense, to request a certification from the VILLAGE's designated representative, which shall not be unreasonably withheld, that the installation of its Antenna Facilities is in compliance with the VILLAGE's prior approvals. 2.6 ACCESS TO LEASEHOLD PREMISES; ACCESS PROCEDURES. LESSEE and its authorized representatives shall have reasonable right of ingress and egress to and from the Leasehold Premises twenty -four (24) hours a day, seven (7) days per week for pedestrian and vehicular access to and over the Property, from an open and improved public road to the Leasehold Premises, for the installation, maintenance and operation of the Antenna Facilities and any utilities serving the Leasehold Premises. VILLAGE grants to LESSEE an easement for such access as provided herein, and VILLAGE agrees to provide to LESSEE such codes, keys and other instruments necessary for such access at no additional cost to LESSEE. The VILLAGE shall have the right to establish written procedures for reasonable access to the Leasehold Premises, which the LESSEE shall follow to obtain access, provided such procedures do not alter the VILLAGE's obligations of this Paragraph 2.6. The VILLAGE may make reasonable modifications to such access procedures from time to time. 2.7 ACCEPTANCE OF LEASEHOLD PREMISES. By entering into this Lease, LESSEE represents and warrants that the Tower and the Leasehold Premises will be acceptable for all uses and purposes intended by LESSEE under this Lease, and LESSEE acknowledges that VILLAGE has made no representation or warranty of any kind with respect to the suitability or condition of the Tower or the Leasehold Premises for such uses and purposes. 2.8 MODIFICATIONS TO ANTENNA FACILITIES. A. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, and/or conduits, or any portion thereof, and the frequencies over which the Antenna Facilities operate, whether the equipment, conduits or frequencies are specified or not on any exhibit attached hereto, at any time during the term of this Lease, provided that such replacements, additions or modifications do not: (i) change or modify the Tower, (ii) interfere with the antenna facilities of Other Tenants or the I VILLAGE's emergency public safety antenna facilities, or (iii) require the !Tower to be lowered, raised or reinstalled. B. LESSEE shall provide VILLAGE with prior written notice of any new or replacement equipment or facilities that LESSEE desires to add to the Leasehold Premises. 2.9 LANDLORD ACCESS TO LEASEHOLD PREMISES. Upon prior written notice from the VILLAGE and with the written consent of LESSEE, or under the supervision of LESSEE (except in case of emergency where no notice or consent is required), the VILLAGE shall be allowed and granted access to the Leasehold Premises at reasonable times to examine and inspect such improvements for safety reasons or to ensure that the LESSEE's covenants hereunder are being met. Nothing herein shall prohibit the VILLAGE from using any portion of the Tower or Premises not occupied by the LESSEE in a manner that will not materially interfere with LESSEE's use of the Premises. 2.10 EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date it is last executed by both Parties (the "Effective Date "). 2.11 TERM OF LEASE. The initial term of this Lease shall be ten (10) years beginning on the Commencement Date ( "Initial Term ") and ending on the tenth (Ioth) anniversary of the Commencement Date. The Commencement Date shall be the earlier of December 22, 2009 or the start of construction by LESSEE. (the "Commencement Date "). 2.12 RENT. A. LESSEE shall pay the LANDLORD as rent for the Leasehold Premises the annual sum of Thirty -Six Thousand Dollars ($36,000.00) ( "Rent ") for the twelve (12) month period beginning at 12:00 a.m. of the Commencement Date and ending on the next annual anniversary of the Commencement Date ( "Initial Lease Year "). The first payment of Rent for the Initial Lease Year shall be due by December 31, 2009. B. I Rent shall be paid to Village annually in advance for the Initial Lease Year and for each subsequent Lease Year at the office of the Finance Director of the Village of Deerfield, 850 Waukegan Road, Deerfield, IL, or to such other person, firm or place as VILLAGE may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. C. Except as provided in Paragraph A above for the Initial Lease Year, Rent for each subsequent year this Lease remains in effect during the Initial Term or any Renewal Term ( "Lease Year ") shall be due and payable in advance of each Lease Year on or before each annual anniversary of the Commencement Date that this Lease remains in effect. i D. Effective on each anniversary of the Commencement Date, Rent for the coming Lease Year shall be increased by an amount equal to three percent (3 %) of the Rent payable for the immediately preceding Lease Year. E. LESSEE shall pay the VILLAGE a late payment charge equal to five percent (5 %) of the Rent due the VILLAGE for any Rent payment not paid no less than ten (10) business days after receipt of written notice of the non - payment. F. In the event that this Lease is cancelled or terminated for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to the LESSEE. G. A holdover tenancy shall be subject to Rent as stated in Section 2.20 hereof. H. All charges payable under this Agreement such as utilities, if provided by VILLAGE, and taxes shall be billed by VILLAGE within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by VILLAGE, and shall not be payable by LESSEE. The foregoing shall not apply to annual rent which is due and payable without a requirement that it be billed by VILLAGE. The provisions of the foregoing sentence shall survive the termination or expiration of this Agreement. 2.13 UTILITY SERVICE TO LEASEHOLD PREMISES. VILLAGE shall at all times during the term of this Lease cooperate with LESSEE and with utility companies serving the Property to permit Lessee to obtain electric and telephone service to the Leasehold Premises. If permitted by the local utility company serving the Leasehold Premises, LESSEE shall furnish and install an electrical meter at the Leasehold Premises for the measurement of electrical power used by LESSEE'S Antenna Facilities. In the alternative, if permitted by the local utility company serving the Leasehold Premises, LESSEE shall furnish and install an electrical sub -meter at the Leasehold Premises for the measurement of electrical power used by LESSEE's Antenna Facilities. 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. In the event no meter or sub -meter has been installed, LESSEE shall pay for its own power consumption, used thirty (30) days after receipt of an invoice from VILLAGE indicating the usage amount. 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 Leasehold 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 VILLAGE. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Leasehold Premises. 2.14 EXTENSION OF LEASE. This Agreement shall automatically be extended for up to three (3) additional five (5) year terms ( "Renewal Term(s) ") unless: (i) LESSEE is then in default under this Lease at the end of the current Lease term, or (ii) LESSEE terminates this Lease at the end of the then current Lease term by giving VILLAGE written notice of the intent to terminate at least six (6) months prior to the end of the then current term. In the event of LESSEE termination, the upcoming renewal term and all successive renewal terms (along with the LESSEE's obligation to pay the future rentals for said renewal terms) shall be cancelled. 2.15 COMPLIANCE WITH APPLICABLE LAWS. At all times during the term of this Lease LESSEE shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules, regulations and license or permit requirements (including laws and ordinances relating to health and other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Antenna Facilities and /or the Leasehold Premises. VILLAGE shall reasonably cooperate with LESSEE in obtaining, at LESSEE's expense (including reimbursement of the VILLAGE's reasonable attorney's fees and administrative costs), any federal licenses and permits required for or substantially required by LESSEE's use or continued use of the Leasehold Premises. 2.16 MAINTENANCE OF ANTENNA FACILITIES. LESSEE is solely responsible for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and Tenant Improvements, and shall keep the same in good, proper and safe repair and condition during the Lease term; provided, however, if any such repair or maintenance is required due to the negligent or wrongful acts of the VILLAGE, its agents or employees, the VILLAGE shall reimburse LESSEE for the reasonable costs incurred by LESSEE to repair or maintain the same. LESSEE shall keep and maintain the Leasehold Premises in a neat and clean condition and free of LESSEE's debris and anything of a dangerous, noxious or offensive nature which would create a hazard or undue vibration heat, noise or interference. 2.17 MAINTENANCE OF TOWER. The VILLAGE shall keep and maintain and repair all other portions of the Property, including but not limited to the Tower, in a proper operating and reasonably safe condition during the Lease term. 2.18 TERMINATION RELATED TO APPROVALS AND USE. LESSEE shall have the right to terminate this Agreement upon thirty (30) days written notice to VILLAGE and without penalty in the event that: (i) any Governmental Approval issued to LESSEE and necessary for the maintenance, operation or use of the Antenna Facilities has been canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority and without fault of LESSEE. (ii) for any reason at any time prior to the Commencement Date upon written notice; or (iii) beginning with the commencement of year eleven (11) of the Lease, LESSEE reasonably determines after prior discussions with the VILLAGE that the Premises have become impracticable or unnecessary for LESSEE's telecommunications use. Notice of LESSEE's exercise of its right to terminate shall be given to VILLAGE in writing by certified mail, return receipt requested, and shall be effective at the next following anniversary of the Commencement Date occurring not less than one hundred - eighty (180) days after the mailing of such notice by LESSEE.. All rentals paid prior to said termination date shall be retained by VILLAGE. Upon such termination, this Agreement shall be of no further force or effect except that the representations, warranties and indemnities made by each Party to the other hereunder shall survive such termination. Otherwise, the LESSEE shall have no further obligations for the payment of rent to VILLAGE. 2.19 INTERFERENCE. A. LESSEE agrees that its initial Antenna Facilities, and subsequently installed new or replacement equipment, will be installed, operated and maintained so as not to cause adverse interference, measurable in accordance with then existing industry standards, to any emergency public safety communications equipment of VILLAGE, or to the wireless communications facilities of Other Tenants installed at the Premises at the same time as LESSEE's initial installation. VILLAGE agrees that such Other Tenants will be required to make the same covenant for the benefit of LESSEE. B. LESSEE agrees to cooperate with Other Tenants that are installing equipment on the Tower at the same time as the construction of the Tower and Antenna Facilities to ensure that interference issues are avoided. VILLAGE agrees to provide written notice to LESSEE of any installation plan provided by Other Tenants provided that: (i) the plan has been approved by VILLAGE; (ii) the plans clearly indicate the location of the proposed installation on the Tower and Property; and (iii) the notice contains information regarding the equipment that will be installed and the frequencies under which Other Tenant will operate. C. LESSEE, at any time during the term of this Agreement and upon receipt of written notice from VILLAGE, agrees to provide to VILLAGE technical, radio frequency and tower location information related to the Antenna Facilities installed by LESSEE at the Leasehold Premises as may be reasonably required by VILLAGE or Other Tenants to analyze or resolve technical interference issues among the Parties and Other Tenants. VILLAGE agrees that such Other Tenants will be required to make the same covenant for the benefit of LESSEE. D. In the event that any LESSEE equipment causes material interference, measurable in accordance with then existing industry standards, to any emergency public safety communications equipment of VILLAGE, or to the wireless communications facilities of Other Tenants installed at the Premises, 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 terminate this Agreement or relocate the equipment so long as LESSEE is making a good faith effort to remedy the interference issue. VILLAGE agrees that such Other Tenants will be required to make the same covenant for the benefit of LESSEE. E. VILLAGE agrees that VILLAGE and any future telecommunications tenants that take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause adverse interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. LESSEE agrees to consult with VILLAGE and any such future tenant regarding the selection of equipment to avoid such interference. F. 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. 2.20 REMOVAL AT END OF TERM; HOLDOVER TENANCY. A. LESSEE shall, upon expiration of the term of this Lease, or within thirty (30) days after any earlier termination of the Agreement, remove its Antenna Facilities and restore the Leasehold Premises, including the Tower Space and Equipment Space, to its original condition, reasonable wear and tear and casualty damage excepted. B. LESSEE has no right to retain possession of the Leasehold Premises or any part thereof beyond the expiration of the period set forth herein for removal of the Antenna Facilities, and any possession beyond the expiration of the removal period shall be considered a holdover tenancy with monthly rent at one and one -half times the monthly rental rate applicable to the Leasehold Premises immediately preceding such expiration or earlier tennination. 2.21 QUIET ENJOYMENT. VILLAGE covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Leasehold Premises. 2.22 TITLE. VILLAGE represents and warrants to LESSEE as of the execution date of this Lease, and covenants during the term hereof, that VILLAGE is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Lease. VILLAGE further covenants during the term hereof that there are no liens, judgments or impediments of title, covenants, easements or restrictions which prevent or materially adversely affect the use or occupancy of the Leasehold Premises by LESSEE as set forth herein. 2.23 HAZARDOUS SUBSTANCE INDEMNIFICATION. A. LESSEE represents and warrants that its use of the Leasehold Premises herein will not generate any hazardous substance, and it shall not store or dispose on the Property nor transport to or over the Property, any hazardous substance except in accordance with all applicable laws and regulations regarding same. LESSEE further agrees to hold VILLAGE harmless from and indemnify VILLAGE against any release or threatened release of any such hazardous substance and against any damage, loss, expense or liability resulting from such release which was caused by LESSEE, its employees or agents, including all reasonable attorney's fees, costs and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time. B. VILLAGE represents and warrants that its use of the Leasehold Premises will not generate any hazardous substance, and that it will not store or dispose on the Leasehold Premises, nor transport to or over the Leasehold Premises, any hazardous substance except in accordance with all applicable laws and regulations regarding same. Nothing herein shall be deemed to prohibit the storage or transportation of petroleum products or other products commonly used in association with the provision of services, or public works projects by the VILLAGE. The VILLAGE further agrees to hold LESSEE harmless from and indemnify LESSEE against any existing contamination or previous release of any hazardous substance and any damage, loss, or expense or liability resulting from such release, including all attorneys' fees, costs and penalties incurred by LESSEE as a result thereof, except for any release caused by LESSEE, its employees or agents. C. The indemnification herein shall survive the expiration or earlier termination of this Lease. 2.24 INDEMNIFICATION. A. Immunities. The VILLAGE does not waive the immunities provided by law to itself, its officers, officials, employees, or agents, including, but not limited to, those under the Illinois Tort Immunity Act. B. Disclaimer of Liability. Unless arising out of or resulting from the negligence or willful misconduct of VILLAGE, LESSEE agrees that VILLAGE shall not at any time be liable for injury or damage occurring to any person or property arising out of the construction, operation, maintenance, repair, removal or use of LESSEE's Antenna Facilities. C. Indemnification by Lessee. LESSEE shall, at its sole cost and expense, defend, indemnify and hold harmless VILLAGE, its officers, officials, employees, attorneys, contractors and agents, and all associated, affiliated, allied and subsidiary entities of VILLAGE, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors ( "Village Indemnitees "), except to the extent caused by or arising out of for the negligent, wrongful or intentional acts or omissions of VILLAGE or Village Indemnitees, from and against: Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be contractors or subcontractors, asserted against the Village Indemnitees by reason of any act or omission of LESSEE, its personnel, employees, agents, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Leasehold Premises or LESSEE's Antenna Facilities or the LESSEE's failure to comply with any federal, state or local statute, ordinance or regulation. 2. Any and all liabilities, obligations, damage, penalties, claims, lien, cost charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultant), which are imposed upon, incurred by or asserted against the Village Indemnitees by reason of any claim or lien arising out of work, labor, material, or supplies provided or supplied to LESSEE, its contractors or subcontractors for the installation, construction, operation, maintenance or use of the Leasehold Premises or LESSEE's Antenna Facilities, and, upon the written request of VILLAGE, LESSEE shall cause such claim or lien covering the Property to be discharged or bonded within thirty (30) days following such request. 3. Any and all liability, obligation, damages, penalties, claims, lien, costs, charges, losses and expenses (including, without limitation, reasonable fee and expenses of attorneys, expert witnesses and other consultants), which may be imposed upon, incurred by or asserted against the Village Indemnitees by reason of any financing or securities offering by LESSEE or its affiliate, for violation, of the common law or any law, statute, or regulations of the State of Illinois or United States, including those of the Federal Securities and Exchange Commission, whether by LESSEE or otherwise. 2.25 INSURANCE. During the term of the Lease, LESSEE shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: A. Worker's compensation insurance meeting applicable statutory requirement and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. B. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for this Agreement, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. C. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by LESSEE, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law. D. All policies shall be written on an occurrence and not on a claim made basis. E. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. F. All general and automobile liability policies, shall name VILLAGE and its elected and appointed officials, employees, contractors, attorneys and agents as additional insureds (herein referred to as the "Additional Insureds "). G. Certificates of insurance for each insurance policy required to be obtained by LESSEE in compliance with this paragraph, shall be filed and maintained with VILLAGE within thirty (30) days of receipt by LESSEE of a written request by VILLAGE. H. All insurance policies maintained pursuant to this Lease shall provide at least thirty (30) days' prior written notice to VILLAGE of cancellation. I. All insurance shall be effected under valid and enforceable policies, insured by insurers authorized to do business by the State of Illinois or surplus line carriers on the State of Illinois Insurance Commissioner's approved list of companies qualified to do business in the State of Illinois. All insurance carriers and surplus line carriers shall be rated A- or better by A.M. Best Company, or an equivalent rating. J. Contractors. LESSEE shall require that each and every one of its contractors and their subcontractors carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which LESSEE is required to obtain under the terms of this paragraph with appropriate limits of insurance. K. VILLAGE shall adequately insure or self - insure the Tower and all other improvements of VILLAGE on the Property against damage caused by fire, storm and other casualties. L. Notwithstanding anything herein to the contrary, each Party hereby waives its right of recovery against the other for any loss or damage covered by the first party property insurance policies required to be maintained by the Parties. To the extent permitted pursuant to said policies, each Party will cause its insurance company to waive all rights of subrogation and recovery against the other Party in connection with any damage or loss covered by its own insurance policies. 2.26 LIMITATION OF LIABILITY. In no event will either Party be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption of loss of use of service. 2.27 DEFAULT AND REMEDIES. A. It shall be a material default of this Lease if: (i) LESSEE defaults in the payment or provision of Rent or any other sums to VILLAGE when due and does not cure such default within thirty (30) days of receipt of written notice of such default from VILLAGE; (ii) LESSEE defaults in the provision or procurement of insurance, and does not cure such default within thirty (30) days; (iii) either Party defaults in the performance of any other covenant or condition of this Lease and does not cure such default within forty-five (45) days after written notice from the other Party specifying the default complained of; (iv) LESSEE is adjudicated a bankrupt or makes any assignment for the benefit of creditors; (v) LESSEE becomes insolvent; or '(vi) VILLAGE fails to provide access to the Leasehold Premises or to commence to cure an interference problem within seventy -two (72) hours after receipt of written notice of such default. Notwithstanding the above, if any non - monetary default may not reasonably be cured within the forty -five (45) day period, any remedy available to the non - defaulting Party may not be invoked if LESSEE or VILLAGE commences action to cure such default within such forty-five (45) day period and proceeds with due diligence to fully cure the default within a reasonable period of time thereafter, however in no event to exceed an additional ninety (90) days. B. In the event of a default and failure to cure within the time specified in 2.27A, the non - defaulting Party shall have the right, at its option and in addition to and not exclusive of any other remedy the Party may have by operation of law, to terminate this Lease on written notice to the defaulting Party. C. If suit is brought by the Village for recovery of possession of the Leasehold Premises, for the recovery of any Rent or any other amount due under the provisions of this Lease or because of the breach of any other covenant, the LESSEE shall pay to the VILLAGE all expenses incurred therefor, including reasonable attorney fees. Such sums shall be deemed additional rent. 2.28 CASUALTY. If the Tower or any portion thereof is altered, destroyed or damaged so as to materially hinder LESSEE's effective use of the Antenna Facilities through no fault or negligence of LESSEE, LESSEE may give the VILLAGE written notice of the material hindrance caused by such alteration, damage, or destruction and LESSEE's intention to terminate the Lease if the VILLAGE fails to either (a) promptly remedy the alteration, damage or destruction so as to restore the effective use of the Antenna Facilities, or (b) provide written assurances to the LESSEE that the VILLAGE will take prompt and effective action to remedy the alteration, damage or destruction so as to restore the effective use of the Antenna Facilities. In the event the VILLAGE fails to remedy the alteration, destruction, or damage so as to restore the effective use of the Antenna Facilities within sixty (60) days, or such other period of time as may be agreed by and between the Parties, LESSEE may elect by written notice to the VILLAGE to terminate this Lease and LESSEE shall be entitled to the reimbursement of any Rent prepaid by LESSEE. 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 Leasehold Premises is impaired. 2.29 RIGHTS UPON SALE/RIGHT OF FIRST REFUSAL. Should VILLAGE, at any time during the term of this Agreement decide to (i) sell or transfer all or any part of the Leasehold Premises or the Tower thereon to a purchaser other than LESSEE, or (ii) grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and or Premises occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that VILLAGE grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and /or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, VILLAGE shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to VILLAGE and the third party for the full performance of this Agreement. ARTICLE THREE: MISCELLANEOUS TERMS AND CONDITIONS 3.1 INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promise's 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. 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 and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 3.2 ASSIGNMENT. This Lease may be assigned or transferred by the LESSEE without any approval or consent of the VILLAGE to LESSEE's corporate parents, affiliates or subsidiaries, 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, which such consent will not be unreasonably withheld or delayed. No change of stock ownership or control of LESSEE shall constitute an assignment hereunder. Upon a valid assignment under the terms of this Paragraph 3.2, LESSEE will be relieved of all future performance, liabilities and obligations under this Agreement. 3.3 NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested or delivered by overnight carrier, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): If to VILLAGE: Village Manager Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 -3206 With a copy to: Peter D. Coblentz Rosenthal, Murphey & Coblentz 30 N. LaSalle St., Suite 1624 Chicago, IL 60602 If to LESSEE: New Cingular Wireless PCS, LLC Attn.: AT &T Network Real Estate Administration Re: Site #: IL0446; Site Name: Downtown Deerfield Fixed Asset No.: 10006369 (IL) 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Department Re: Site #: IL0446; Site Name: Downtown Deerfield. Fixed Asset No.: 10006369 (IL) 15 East Midland Ave. Paramus, NJ 07652 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Either Party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord will send the below documents (in section 17(b)(i) to LESSEE. In the event LESSEE does not receive such appropriate documents, LESSEE shall not be responsible for any failure to pay the current landlord. a. New deed to Property b. New W -9 C. New Payment Direction Form d. Full contact information for new Landlord including all phone numbers 3.4 SUCCESSORS. This Agreement shall run with the Property and inure to the benefit of and be binding upon the Parties, their respective heirs, executors, administrators, personal representatives, successors and assigns of the Parties hereto. 3.5 SUBORDINATION AND NON - DISTURBANCE. This Lease is subordinate to any bond, mortgage, deed of trust, or other financing vehicle, available to the VILLAGE, now or in the future of record against the Leasehold Premises. VILLAGE represents and warrants that the Leasehold Premises are not currently subject to any such bond, mortgage, deed of trust or other financing vehicle. The holder of any such future financing shall agree in writing not to disturb LESSEE's rights hereunder, unless LESSEE is in default, as a condition of any future subordination. 3.6 CONDEMNATION. In the event VILLAGE receives notification of any condemnation proceedings affecting the Property, VILLAGE will provide notice of the proceeding to LESSEE within forty-eight (48) hours. In the event the entire Leasehold Premises are taken by eminent domain, this Lease shall terminate as of the date the title vests in the condemning authority and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement, including reimbursement to LESSEE any prepaid Rent on a prorata basis. The Parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for LESSEE will include, where applicable, the value of its Antenna Facilities, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to LESSEE will not diminish VILLAGE's recovery. In the event that only a portion of the Leasehold Premises is taken by eminent domain, LESSEE and VILLAGE shall each have the right to terminate this Lease as of said date of the taking, and in such event any prepaid Rent shall be reimbursed to LESSEE on a prorated basis appropriately. 3.7 TAXES. LESSEE agrees to pay any real estate taxes assessed or levied against its leasehold interest in the Leasehold Premises, or real estate taxes assessed or levied against the Leasehold Premises and attributable to LESSEE's Antenna Facilities ( "Real Estate Taxes "). LESSEE shall be solely responsible for and shall timely pay all personal property taxes levied and assessed against it or its personal property. VILLAGE shall be solely responsible for timely payment of all other real estate, special assessments or similar taxes relating to the Property, including all ad valorem taxes levied upon the Property. LESSEE shall reimburse the VILLAGE for LESSEE's Real Estate Taxes paid by the VILLAGE. VILLAGE shall provide LESSEE with copies of all assessment notices on or including the Leasehold Premises immediately upon receipt, but in no event later than thirty (30) days after receipt by VILLAGE. If VILLAGE fails to provide such notice within such time frame, VILLAGE shall be responsible for all increases in taxes for the year covered by the assessment. LESSEE shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Leasehold Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as LESSEE may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of VILLAGE, LESSEE, or both, with respect to the valuation of the Leasehold Premises. VILLAGE shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefore. The expense of any such proceedings shall be borne by LESSEE and any refunds or rebates secured as a result of LESSEE's action shall belong to LESSEE. 3.8 ESTOPPEL CERTIFICATES.' Either Party may, from time to time, but no more often than once each Lease Year, request the other to execute, acknowledge and deliver a statement in writing from the other Party certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identifying the modifications); (b) the dates to which rent and other charges have been paid in advance; (c) so far as the person making the certificate knows, requesting Party is not in default under any provisions of the Lease; and (d) such other matters as the requesting Party may reasonably request. The Party receiving such request shall respond within thirty (30) days to such request. The requested Party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting Party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting Party, (ii) there are no uncured defaults in either Partys performance, and (iii) no more than one year's Rent has been paid in advance. 3.9 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. In addition, any provisions of this Agreement that require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 3.10 MISCELLANEOUS. A. VILLAGE and LESSEE represent that the person(s) signing this Agreement has authority to execute this Lease and that the person signing this Lease has the authority to bind the Parties. B. This Lease and all exhibits attached hereto constitute the entire agreement and understanding of the Parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both Parties. C. Unless otherwise explicitly provided in this Lease, any reference to laws, ordinances, rules or regulations shall include such laws, ordinances, rules or regulations as they may be amended, modified or succeeded from time to time. D. It is agreed between the Parties that, in the event of any dispute involving, arising out of, or concerning this Lease in any way, that venue shall lie in the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois. E. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. F. Each Party certifies hereby that it is not barred from entering into this Lease as a result of violations of either Section 33E -3 or Section 33E -4 of the Illinois Criminal Code in that it has a written sexual harassment policy in place, in full compliance with 775 ILCS 5/2 -105 (A) (4). G. If requested by LESSEE, upon fifteen (15) business days prior written notice to VILLAGE, VILLAGE agrees to promptly execute and deliver to LESSEE a recordable Memorandum of Lease as attached hereto in G, which may be recorded in LESSEE's absolute discretion. 3.11 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. 3.12 WAIVER OF VILLAGE'S LIENS. Village waives any and all lien rights it may have, statutory or otherwise, concerning LESSEE's Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Village consents to LESSEE's right to remove all or any portion of the Antenna Facilities from time to time in LESSEE's sole discretion and without Village's consent. 3.13 W -9. , Village agrees to provide LESSEE with a completed IRS Form W -9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by LESSEE. 3.14 Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered on and the same agreement and shall become effective when one or more counterparts. have been signed by each of the Parties. It being understood that all Parties need not sign the same counterpart. IN WITNESS WHEREOF, the Parties, hereto have hereunto set their hands and affixed their respective seals the day and year first above written. WITNESS: Its: [SEAL] WITNESS: Its: [SEAL] VILLAGE OF DEERFIELD: By: _ Name: Title: Date: LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: _ Name: Title: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] LESSEE ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF ) On the day of , 20 , before me personally appeared and acknowledged under oath that he /she is the of AT &T Mobility Corporation, the manager of New Cingular Wireless PCS, LLC, the limited liability company named in the attached instrument, and as such was authorized to execute this instrument on behalf of the limited liability company. Notary Public: My Commission Expires: VILLAGE ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF ) BE IT REMEMBERED, that on this day of , 20_ before me, the subscriber, a person authorized to take oaths in the State of , personally appeared who, being duly sworn on his /her /their oath, deposed and made proof to my satisfaction that he /she /they is /are the person(s) named in the within instrument; and I, having first made known to him /her /them the contents thereof, he /she /they did acknowledge that he /she /they signed, sealed and delivered the same as his/her /their voluntary act and deed for the purposes therein contained. Notary Public: My Commission Expires: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That part of Lot 4 in Block 2 in the Original Town of Deerfield in the South West quarter of Section 28, Township 43North, Range 12, East of the 3`d P.M., according to the plat thereof, recorded March 16, 1857 in Book 27 of Deeds, page 167, described as follows, to -wit: Beginning at a point on the Easterly line of Lot 4 in Block 2 of the Original Town of Deerfield, 597 feet Northerly from the South East corner of said Block 2; thence West 329.3 feet, more or less, to a point on the West line of said Lot 4, 82 feet South of the North West corner thereof; thence South 86 feet, more or less, to a point 527.1 feet North of the South West corner of Section 28, Township 43 North, Range 12, East of the 3`d P.M., thence East to a point on said Easterly line of Lot 4, 84.5 feet Southerly from the place of beginning; thence Northerly from the place of beginning: (except that portion described as: Beginning at a point on the Easterly line of said Lot 4 in said Block 2, 597 feet Northerly from the South East corner of said Block 2; thence West 132 feet; thence South at right angles to the last aforesaid line, 29.47 feet; thence East 137.7 feet to the East line of aforesaid Lot 4; thence Northerly on the Easterly line of said Lot 4, 30 feet to the place of beginning, in Lake County, Illinois. FAVIT61 That part of Lot 4 in Block 2 in the Original Town of Deerfield in the South West quarter of Section 28, Township 43North, Range 12, East of the 3`d P.M., according to the plat thereof, recorded March 16, 1857 in Book 27 of Deeds, page 167, described as follows, to -wit: Beginning at a point on the Easterly line of Lot 4, 512.5 feet Northerly from the South East corner of said Block 2; thence West 347.2 feet, more or less to a point on the West line of said Lot 4, 527.1 feet North of the South West corner of Section 28, Township 43 North, Range 12, East of the 3`d P.M.; thence South 84.8 feet, more or less, to the South West corner of said Lot 4; thence East along the South line of said Lot 4 to a point 127.5 feet West of the South East corner thereof; thence Easterly to a point on said Easterly line of Lot 4, 9.5 feet Northerly from the South East corner thereof; thence Northerly 84.5 feet, more or less, to the place of beginning, in Lake County, Illinois. EXHIBIT B VERIZON CONSTRUCTION PLANS U �a J. S:L!)• W P LLT 1 Y sM,E A'Ni1rx {I \mIM.m lama v m�lc "u.'ne.'rw m ,•u w U., Isar W`J IGY. train «a 1�r11 V L }aalw. � �!'v •lul..ac yppyy'� -:� Vn ,RR& : ✓-x` .� , UN Sa. { L_a�e- _P R ' }IC' 1•h.RA ! -ow KSIml 1 t ml 601 S10M w0.1tl #Sf {_ gi, px__ . ^R � �Sl.1M lnE R 4Tf t. t'Cs: ] •.I /� ./ -/ ,1� • � �^ E :� ....,._ sr -lwJ: :!T ~ti_x.,�Gn v.y'iw.`1� i�� -t.Z aa}.w. I • / �; 1 D to 1 / r ;LTALn nar uaw, y�64. }),,,r n ! SITE SICENSEAAEA •1� J°"'�t J pfd e I { f 4f ra1'N LSp� a; h ft9. rllr Mir t I +aya ACCESS LICENSEfd1F I. �. �. _Fr'. t. L A "EGy�: - _. - x.•raw 1'�.� L; _/ � � __. -- �` . „ i rT31H LM rf lOT 1. IAYJr ..... . .........�. wo I SURVEY NOTES ME 9AeElfA Ga[X,6 }C P1 n A 11E A P..!GT w ME !A6CG.0 MI4 VWIES a WT WAMT tMC TO, ME Y!•YA:L R n KaWt.MD MLT ME AGGSPS.ITE WrLVMi to A!p tY, W9 At ' Ar} I tr :. FY CIWAM . 19:W_" WP[13a1 IMEva�i T IG23-- !A•.•, at} >AaEC ru t E -fteE Lrc -Awft n W!r SlE - uma." rose© tt- 11J3: -a!S. th2�])! -Rw t :h]3- 121K4t. ME fIJMf SATE pSIETA•RE W SM1tS MC IF.YEATY rE} -'mE% IESC�' F+ILS afMN ME X. arlARY.: Ta tlfa iSM' raAS vMI.RICm; Gn f M.ntlLtnll, , F lM:la !te AGUS TirE C G+E CLN �If9A'MUIE➢ f91bKL 14M'AIG: CCO.IV A'SI )arn;r OC'N. KSCO1 1 C MSG VT 1 r1;[ pWTME C..m AL WT I- MIL N�p{4 mrr.ir I.o R.mm As asttl Ao. }I]I ,slcm,:; ct. +N Au rsrtcmE WE P wanr ;, enr Accowe mok oft loomwa L ­a [T Lao To A tUG LMIX ot, KMXZ EOL.' M a Ur I M 9 t N x NJ-aE a EQ.F313 WC v ' P M TO HE 4MeN F ME 26 nwlW U IPr5 1?w A USr P L0 llR) r.ILW EP JV.i D AMFLYaix�,1 T /E-iEf 9T(JkEa VaSpl !L +lV, p 3.1A. lY, fAX 11) p IPE pTr. S1TY2i ^'..rLfMAC Il .'IT p THE TEST ULE a trb LCT 1, L'.•ro T a T/: 11 FEET ..M P M LS l IM r TV vnc vmarxa AcEai�:a m _­T T rate r m s]o w'9.E T. !w! as ur'n.T ..:. tta:ta. Sw xummr MK >TM h GE ZT .i' ram9umrm ILa^S C 1TF4 N4nlII� ll TE iPA!I aQ EF SSV:LaT1Y! an.M-Tw.i'Ja !!!.'1 rTL[ T12H2 MM W naAa3 ]I Nu16 Ir rLYa:f [AST ].W m, D x p T Y 6GatE.� 1Ca1E malAV.pE 511M rn :aG[El N Wum tl }GV1:S Ea3T. It0! FEET! MDR'[ CEM m )C..0 :S r IS ro Tar, 1t 4t rtcT 11 aGa6 )S 45 m 1J sr-'•Y2: !%e1C raT: -' '.X )w. [i +n 1Cf ;ln'S CAST f /Yr) faC MES'2 .'u++TR IS aL)H] 71 AlC t.1 QrA:} [ R > a) ftCT. II[`.i n...lh N CEdEE4 JS IRArgS /l 4L'ttM EASI !!1H IFET, MEntF raYM µ CfbFFS 1I I M SE"alti G9T !tIw /¢I m x tIp4SLY k71r- f} -'4Y WIE a rry(tNV ✓:E IS FEET. t2 1"of It , 17 IS Itl:IES H SEGPOS GST a6n SLD IESEaLY GOIT- /f -r+l NE 2 fRE /IAIE:, I FE 61 iC" I) Va:m 7➢ Y�r^d r6r t2al) IEE[ IIFpE E M w (; M X IgLaID 11 IEma'b TEST tk11 FEET: SEKE 4M 11 JE ,EE5 )L tuEltes E :ENO] L6T MT/ rar• Mva IJ.], W aam T w..J1[3 e! YmLT )la t9}..I Ian Ew IT FE 11 O ME li IKl1E} 11 SCLw:S GSr !SSl FFLM iNRSE YIIM B EELtFEI t-0 uv1ES re ,£GK12 ELSE 1-H IFFr M ME ti^Nl a aLNapO. ))O Pb DSITam• i"1.1 StL14E FEET mummamma=wIft A aAaEa Iw'ITVr 46 EEm MG X.1E D•• at:MIT,T.pIL•;.) p ME 'IIL:E a fELtFtni. nEnt rar - P M Si1M[}l fa,aLi a !U'3,1•I M tJ+L1N1• U •AI'a awl r: GSI aF ME MM: w.M•rL uM}w..LPyI -YIS m nAt scup Garza +•a>r u. r, . R.19A . r, rLa lu p IAa m1:TY. Uk.Y} FRMp M.SSZG a} i�i P]l4arpt al a i!;IT r x r, IK Y LM Llr l L 19nu1.; D E- Im each :s M slrwEtr.lr.Ea .G aML: Afrtiv'ar .:+na: m. ME MAI ua nc wan rNS :4 12:! Is xcua.} w !:cei.:•. >rs aalxim cow U 44 MAVr�n L -.1. TK •a _M P a1r}'¢ •i ­ ImEY n -CXi r MTw6T "A.Yl6 rlrN x IC . P SYI V1 I A :ETL•a Y -T n ME T E WG _> SIGEC mi11'- d.M .T lr' m RS :! 1ro1L) E-PW -tM M'-Wa P SAO-. r PR. 1P LC-1 Ax 6EAr u a nL11p/ a.[ 5", -1 131p1 3@LE WMI CF. m w1.m It 2EGTSLS LIST b 4 S1U *'%T MY FL S)LM W. N .0 wvel •Ma5 to w:1C) •19 aES .ttT 1". Tar. 110K[ H? Va �d:.m )! aR:ILt :a SL^.MS rf'Sr 9lQl FEET m m pnT a 1F31WG •M aAR6. OSE ♦#1t m __ IECI • MNP:FL a WJ F;N anllr U:R.Y 1PE.4 1-12} EEK : u' Ef ICT 1 p LLRr rw,E 11 -r PA'i} y M EEtMaST WralA V 21Y). M i 1 a n[ +.1. MYG a... r{ rY:1:)•'L LEJPaN: m RAT 1C+aI a :9 G/, l� i:P it. GATE I}r N Wt tA.wT, Slntl W i'S•2anN'D lap} E•pr. n M LarT U >b ASi1(Spl p SIO blr 1, FSME. EE.teL V R1Lt S �gW, AI A ?')LT N x -M WE Y .AC 01 t a n}ILWE a r-'14 M Sa:M a ME A W f P 10 S aMrA. Ya11Yr.1 t a` laJYa TO ME -. I Ge..uo ra �LVae. . }ry s. Txwr mover ME to.M WE OF I an. rt cc. rv•w:m ccwl n M LEST lat a cpiu w.Re M[a4; a m .. w.•r1 .r .ld.,s E.0 FECrM ci W FFET n IK WT a GC a 1xEWE G T.1F a'.1'1 m DGEis cl Wwm b SE•ari Gsi lLffl; aW rRr 1pF WU FEET. HY� Ir.\'r w GC4nIS V IT 115 SE�ta» aESI et) FEET. MFX [ a IM 17 SC.aR] +. aW1D :. r1o•,p EKr 3) I I Tar, M+a SJ' IN tl : 'E', 5r SG S VS} T_< lar, SO.2 SJR3. Y ..E4FES :! Iq+,)t' 9 f6a.MS Eifl dA} FEET TI TF Mxi. U a:PtFS >t w.IE} .C-, NlEL FEET, MMM: -131 ft EWa)u) 'lC 5 a.?.'J} 4 } rS Gar Sa^.:C 53)M w SLJai W M.IC: m SCV'PX an LEST 6W iFCT MEra a;Ah .r, -VGQI M Lw.m 9 SG'•n2 afST lua r Sane x011 n tesam )r wino w saw: raT uar IQT m x ra.r s aon'N6 Sb )WEE mlTiprT iq9 SO:Aa TaT. .,.11 v IAarl.la_ SRC'✓:; C[rlliA v� 1. I; A ais �I`.i {$ SITE LICENSE AREA �� wrayw b SITE LICENSE AREA DETAIL 0 i} 1 ar api,r! ♦ a JD' FAllf]Qr SL4 Q WYE I mall. v aenui� t rEIM t. %=. 7l AS Wm __Io Y.0 LW SPA'm co Way WWY wlx -7_. IX-d.I ♦� p SE moA SA,f=ll n m+sm mrexLRlrlm� a a Mm1) ax,'w.ec n .ts I:aa w aRener. W S9r1!) f9;E M wPMd LP41EaL STNnLMS rW 1.V9) SSVLTNI SaL,LYl Tn iPro16T S1TRS STLL U ?. W WL1•IM Y6 M IaT A'O :CY1l PafE SIC6p. PLA' tpt;a' N t1arG Ant aµ m x10+1 P TS}•'JLYr, 1.1 :1]A LFJfI t Sm0ue urac nPCCrw'u Ian 6miod pa )u] tIaYR CgEia v /b/tda EXHIBIT D PRELIMINARY CONSTRUCTION DRAWINGS ANTENNA FACILITIES APPLICABLE BUILDING CODES AND STANDARDS �l ...... at&t SITE NUMBER: IL 0446 SITE NAME: DEERFIELD AT & T APPROVAL VILLAGE HALL PROPOSED ANTENNA FACILITY ON OUSTING TOWER 0.• DRAWING INDEX REV VICINITY MAP PROJECT INFORMATION WS 01 TIRE SHEET A IL LWS W LOCATION PLAN I Lme w ENLARGED SITE PLAN A A U. o'"' " SITE ELEVATION A IL 04" 06 CONCRETE PAD DETAILS A U. We of POWER015 (BUTIONCENTER A IL M48 BY SITE INO K DETAILS 'L "" 00 CONSTRUCTION NOTES A A IL We US ELECTRICAL NOTES A R. We IS SINGLE LINE DIAGRAM A DETAILS U. GROUNDING PLAN A DETAILS We 11 IL GROUNDING DETAILS We I� A A A to R A. 13 GE OUNDING DETAILS [LOWW e 14 T LOO INTERFACE U. IS ANTENNA INFORMATION CHART I= If BOTTOM JUMPER Drl`AR A A A Dee FL IL BNB 1T C LABELING IL-5 1. CABLE PORT DIAGRAM A A 43 CAROLINE SITE !UT LOCATION 0 FARO ST lu CI SITE QUALIFICATION PARTICIPANTS 0 9 DEERFIELD SPECIAL NOTES IL. SITE NAME: DEERnELD at &t TiTLE SHEET VILLAGE FALL R.04a6 d, A, F FuiiMfiN. WFOMYfwu 1 aC! *revfeia� � _ »mfg,. � - -•� -•�� I 1� �AOOID1 \i�OLOGIg110I KNY.OGnOxx ro d!f@iG " =1 -- wiMa PttFtil � � I \ I I � I r -"li -r-- �i I <ryTERRA 9REt ILM ! �e� atIXt LOGT�DM PVW S TE NAME: DEERFIELD � jy • VILLAGE HALL � ...:.� ;i.:w •:.gOa.Gf .e SITE 0: IL 0445 &1 SITE NAME: 0 LD m, VILLAGE HALL ooarsa �I Loawmx aw.[< rM, OMIID � •[uwuu [4L:,Pn'�Mw Inns . covc,n.nn , macron. Atr wxamucron wu uv n< we w n vu w.w ` ian,rt ul.wwe., u, m<t msu«u [e ru, v vw„aeerou raw'w I 1 TYPICAL EQUIPMENT LAYOUT PLAN .�. 7ER PAD FOR OUTDOOR _ IN W ,. Fwd CONCRETE PAD DETAILS SITE R. l OUE at &t SITE NAME: DEERFIELD �J (•1 IL 0448 OS A VILIACE HALL fn'an ELECTRICAL NOTES GENERAL NO'T'ES: /rna . r r an nmac rat «o-IXfr .nr.ao n tow .ncocrcro w: •n.x•nc taco roxs, r•.ytf Vvw rw nccra.t ccoc sort s.,aofao coos wn uc tr..a o..mrc coots. 1. GfyrprG in•tt puf.r rrrr wr p aK •aaoaa ]GCWpt cxC •raW. arrt rc cwra•u wTr[c f •norm MM.'tM +atG Ra x -ro HrcWAfr2�Mm� / ta[CrK1 n[n Lwt Y V1�YMCNr M ta:urf ra ,�•, a. /o•{G �ar[c u9 rM[c cwt 4 Gynv rwn rn[ Mot. trot a Mw /ruWOl iCA aorautrrrzs rp iro nn oar frarun, ir•wl9 ro r•naa[ wv warau r0f tu' rwr. /rG •F w r r • �r•C- ,�Nf'�CwV.a rwmau�rat�.`rruv�xt�i.a� np�i ii•n rrG_rGA ra2p >. Artf Gfis aao pn4 oWtVGt n uu.. r n r On n:usa uGUGroR CaNrr n •f:piW p rra.n }r (ncl o•nnG ) u w r.nf warrvar ur•.n o- rnG ., r.ava a°•.na ro cera.�41E mrrnn.r.. r .. r . nt nw ms. aro w ao..r« rmrw 3aawtK .n/ccnors. _ _ f, rn.. r m•« rrG.r raw. ,n rracw x m•w. u..w.t .rro wnwn ww r,rn.r- �,,...r: sr•.+i unwrc3 uor.rn,n. s -r,•on rrinww i.�mr�c :. - nlo:l'«u °snc nwsmru �rmnnr two .K e:Ke }. uaof .o rnlw uscwu rw r... aw.:.rro .t u;n .ao;r.n ao wwtfwe .o n.GSCawe on wucr a, rr.r. RIF.CTRICAL LEGEND TOTAL CONNECTED LOAD n[K•Wr[[ W(f K �r w:'n"e �� m CaOr�iocA rw4 ar GOnf NC.Ia itc t•. wuw.m. wt mwrr vtunc*•t'6 M 4wt Y l c[ _ a r rnY n[ /rrtflxl�rM urawr. ��, wTrrMr[a Utn u raY•lf cxr. OrvN eIXR A 3r.wpfp ccnGlnrpf u( nrw tiro Cx Ifrtnnra ccMt.aan wf: r, u.0 Gn �� �Cn r. r wf uwrn wrvw uaGf f vnc nan wsr a cRU acu•rc�. 4t nnca .wi N p .tr. wr. w+r. rpr m v. fruurr IrMVI ( %::1 r vanno roof {par) �uw tfn r � � j ono x•n •ouv ro 01. r� C rmm irfVr7. r=U5� (71POWERDISTRIBUTIONCENTER J3pa.. FRONT SIDE BhCN SIDE � TERRA SRE NPME: EF ID �4t ^% aw OO CEW. 5.00. ��'y:h^ °ndrf VIWG�NALL .. ja !L 0448 OB A. 9 ra fwf.c rnr • w .,ce s. c. unr wn r s . w rr.vr oar as mvv n...r � rrc r. rrK <a.v. ncrraue s tar rrr s K nvw aeva .o m.n { .area Mcr •v rtrvcn nouns l vrwn r..nr O..an: vr... r r fv GG h 4 u.aur. nca� u lc \'A -rCN IB IDGE SUPPORT POST FOUNDATION u ei S ANTENNA MDUNTING DETAIL (B OY TNERS) ■� IS�m� no mm W�W�mm I Vr GENERAL NOTES Ic r 11 11 .117— Xz MIA, IMI=I= 7 PE I AIL --.V. I W X --=1.1, ZZ" 1:11% 0 C'�A I AIL TM Norks 111=1 Wr- V, 11", ccxau. rover :_w_ : raun wrzxr»f Kwxr ° ww :a.: :w lwua i ro r cram sex.¢ wn`c,im Ww :w ox% V=IVr-, 1' lDFTAA. Alb —Y aw U. usn i. vV*. ELECTRICAL NOTES �;A Mm ;&x ", CONCRE IE AN) !f,\REINFORCING S-EEL NOT-6 AERNMUIS SITE 0: IL 0"S a NOTES N SITE NAME; DEERFIELD 0 C'�A I AIL 111=1 Wr- V, 11", Xx luffill"VVT Mlllc"- 2 all ox% V=IVr-, Alb SITEC IL -1 SITE NAME: DEERFIELD aw ELECTRICAL NOTES �;A Mm ;&x ", 4.. LL'd.S�t ,.r r �.t x tnr w° wtrrvu'm•t ,.[ sw; nM� • e[rvsi0wc[ a t I K RING DETAIL TM �zm /-�EXOTHERM& WELD W/..INSP CTION SLEEVE WW : cm, E IQ ORM19 - 7 �A31 r TO C8 U COMB W" ONS TIMM ai '7Z 03 e o OUNDING PLAN iaz f­- - — - I GROUNOING PLAN & OETNLS I P. IL0445 > at&t 1--=;a SITE NAME: DEERRELD �tyw„ IL 0448 71 A VILLAGE KALL Fa ,u� wtt I/ r rw M1 wrrw �l �r� Evan. yr .cv :..t v[C v t rvv vv rmv �� t� (�i�BPoDC� AND ANTENNA CADLE DETA N N A GROUNDING QEl CC // 9. SITE•, ILO I SITE NAME: DVIEERFIELD LLAGE NALL •. vl�rCVru c I - uT�lvty rout r rrim'v tariW eSinTivw�ry MH 'ntv (uM1MO[n 'u wwvu vwl (+<e r-D Gf CARTE f,RDUNO i_ ID nNifNVA CAO�__ �WSn0r �l�i uR OOwN Oqr wt� NvC um n«.n � � un ro v t Covv.w.�mr Vmt wwx'tMt^J � DETAIL r� t I_ GROUNDING DETAILS 1-)HHN I; Fi i-H . I I ' .L c ", Warn caouND. Roll DETAIL GROUNDING DETAILS 6RE tl: IL OIM j a & _v �Rf�I � s1TE NAME: DEERFIELD �'CV"" � "'� ^� VIU=IIALL `� =-' IL 046873 �ti M VSXBTS wad GPM 2 SPAN) SPAN 4 SP" ap". BPA" I = G-" JACKS SPAN I SPAN I SP- 3 SPAN 4 SPAN I SPMN SPAN 7 A . .... . I. . IS •.;; 4'- j TI . IL U45 P�—� I -I- INTERF-1 -UEFkFto% SITE MM DFIERFIEW at&t VILIAGE HAIL IL 0440 ;4 A. ROM eel i' O° �� °_ 13 1PIC NNA SECTOR COAX SCHEMATIC at &t TYPICAL SECTOR SCHEMATIC ILI TERRA SITE NAME: VILLAGELO .. VEE EHALL -' IL 044918 A I: NF 1RA1 MOTES -cF dynlap[.en. YL veer [ew Wu�x b adfx wo 4 LY SR:M. MNII r0 wr[tee Kw 9ltr rd [.q� 9rt b C:ReuS M w'Cqu �a:VeF wJ ruMrtN a Gc. r[Me S[CtT [tit. o rNTS -..rt. ero. nuw..,an. dccx u rww wD iMx. M[Y 'NNiL cNWU K RKtr erwn..L �u'< [�•crp:rr [e cpr.ieK�d a � C. w v+. m�u"•xm c. �K :.nn .... rL ro [.n[ a. s<cLrc. wrzw:.•mw. w+•. .v:.aa..c. wn -moo.[ rw.xc cad comma uAr cw.reo.crNO. awr.°.,won IK n.�+ve eaoe ;aaec soar ..n n «, • .. w r�u� N rims a"`c-.,wu ii a ¢:•«uac+.� .. �:aJe eNCi .ra.LL[o a ..[ rJed e. vwL a • o-.eN u r one ua r..L wn . .,v.n v.- a ova LxmL• .N.w .v ne. e. w wLd coat sxnL w �.. ruu �� w .n xa xr,nr w•r. a[ wonKn r,JU is rt Lac CABLE MARK'NG ICCATICNS TABLE xb rwr r [•, +gym �vuw[ri K. M Wd CuOro mn as Rr a NiAId - u AY_d yu.US Nw d <oort a•�. I�1 Mr .. bn vN•[.l /1 DETAIL CABLC_MMKIW LW.ATMNS- DIAGRAA' .4 COAX Cot"' RD ID--NT F ATIDN DETAIL c. a x[m o 3 iQV(((T PLAN VIEW mIT: r cesnxc uacs .r n vrz .WxMr.wi w S:MUr I eTa[n III iiawr• a vw[o I e`•K cv.I•n«c.a.. C.A�Lt WR4ING LMAI GNS IA13LE xb rwr r [•, +gym �vuw[ri K. M Wd CuOro mn as Rr a a cod cm[D Mti 11 Y' Y ) qvur Lwi Y .�ise� oKr an�(n •l /i M M Mrtw-c a[ In u AY_d yu.US Nw d <oort a•�. I�1 Mr A SITEt IL— @�J } { � C;MLIBE LING L� SITE NAME: DEERFIELD a `� ` VILLAGE MALL .................... ............................... M cri i on Electrical ........................ ............................... Tower , w** , e­r ' , Foundation ** * " , ** * ' ... * *"' , ­ ** ... I ...................................................... Fence ..... . ... ... .. .. .... ... ...... .. .. . .6�iva . tio . n, ... B . a . ck . fil . I As . p z Winter /General : '" ' ** ', . � . Conditions . . . .............................................................. New stairway for PD EXHIBIT E REIMBURSABLE COSTS ........................ ............................................. Quantity . .............................................................................. : � Unit Price ...................................... Extended Prici . ..................................................... ........... I ................. I ....................................................................................... $56,836.00 $56,836.00 .............................. I ............................................. . .............................................................................. $15,810.00 . ..................................... $15,810.00 ..................................... 6,426.00 ....................... I ...................................................... $63,080.00 1 $63,080.00 ............................................................................ 1 .............................................................................. $2,040.00 ..................................... $2,040.00 ..................................... .............................. ................................ ................. I ..... I ...................................................... $36,000.00 $36,000.00 ..................... I $11,000.00 .................................... *$"'l' * 5**',' '0'* '0"0" ... 0 .... ......................................................... :: $15,000.00 ............. ...................................... .............................................................................. $22.00 .......................................................... .............. ................................................... $8,772.00 .4 $8,772.00 ............................................................................................................ Meterchange to 3 ..... I ........................................................................ $3,570.00 .......... $3,570.00 I ......... I ................ ........... . .............................................................................. Telco Pq Boring ........ .......................................................................... $5,1 67.00 ... "'****'*"""""***** .... $5,167.00 Additional cost for brick 6,426.00 $6,426.00 ............ ......................... .................................. I ........................................... Contrator overhead and profit .............. ............................................................... 1 ........... I ......................... I .......... ............... $16,300.00 ............. $16,300.00 ............... ............................. I ............................. I ................... i Tower Install .............................................................................. 1 ....................................................................... $11,000.00 ..................... I $11,000.00 .................................... ............................ I ................................................. Hoisting Grip (village) ............................................................. I ................. 15 ........................................................................... .............................................................................. $22.00 .......................................................... $330-00 ...................................... Connectors DIN-F7/8"(Xill . 63 ........... I. ................................ ............ .$495.12 ....... ........ ................ ..................... 2r9uqq.kits,- ( village) ...................... ..24 ........................................................ 30 I ............................................................... ..$20 $24.00 ....... I .................................... $720.00 ............... ..................................... 1/2" coax a �) 640 • $1.60 $1,024.00 I ............ 11-1, .................................. .................................... Antenna DB222-A .............................................................................. 4 ................................................................ $303.07 $1,212.28 ..........................1... ............... ............ Antenna D!3224-A..(y�!!�g��) ... ......................................................................... .................................................................................. . .............................................................................. . ............................ $605.22 $605.22 .............................................................................. Antenna DB404-B (villag ) ............... 2 ....................................................................... . $3...5...2.....9...7 . I ...................................................... . .$705.94 .............. ..... Antenna Diamond D130J $139.93 $139.93 (Xilla.9 �) ............. I .................. .......................................................... Antenna Diamond X3200-A ...................................... ....................................... 1 .............................................................................. $251.93 $251.93 Connector 1 1/4" N-F 2 2 .. ......... .... ! ................................................................ ............ 6 ....... . a .................................................................... I ......... ­.q�) ....................................................... . 8 ................... ..............................I ...... $76.00 ........................... .......I....................... ....$.152.00 ................................ : ......... .... ............................................................... ............................ I ......... $37.00 $222.00 .............................. I ........................................... ...................................... $19.00 $874.00 .................................................... ...... I ...... I'll ....................................... $16.00 1 $128.00 .............................................. ................................... 11 ............... I ........... $12,600. . 00 �: $12,600.00 .............................................................................. ............................... $6,000.00 $6,000.00 ............................................... ............................... ..................................... $9,600.00 $9,600.00 .............................................................................. .................... I. .... I ........... $1,600.00 $1,600.00 .................................. I ........................................... . ........ I ...................... $3,936.40 $15,745.60 ............................................................................ ...................................... $515.66 $515.66 .......... ....................................................... . ..................................... $327.76 $327.76 ..................................... I .................................... ...................................... $1,200.00 $1,200.00 ................................................................................................................... : $1,400.00 : $1,400.00 ........................................................ I ................... ... I ................................. $46,350.00 $46,350.00 ................................ .................................................................................. $500.00 1 $500.00 .................... .. .......... ......... I ................................. i ..................................... $600.00 1 $600.00 ................................................................................................................... : $3,328.00 $3,328 ............................................................................ ....................00 .................. $2,200.00 $2,200.00 .............. I .................................................................................................... $348,828.44 .............. I ............................................................................. I ...................... ............................................................................ ...................................... $515.66 $515.66 .......... ....................................................... . ..................................... $327.76 $327.76 ..................................... I .................................... ...................................... $1,200.00 $1,200.00 ................................................................................................................... : $1,400.00 : $1,400.00 ........................................................ I ................... ... I ................................. $46,350.00 $46,350.00 ................................ .................................................................................. $500.00 1 $500.00 .................... .. .......... ......... I ................................. i ..................................... $600.00 1 $600.00 ................................................................................................................... : $3,328.00 $3,328 ............................................................................ ....................00 .................. $2,200.00 $2,200.00 .............. I .................................................................................................... $348,828.44 .............. I ............................................................................. I ...................... ................................................................ I ............................................................. : ........................................... ................................................ ......................................................... Invoice..... by VZW direct to Deerfield .................................................................................................................................................. . .............................................................................. .......... I ......................... United Audio Invoice $2,234.95 $2,23...4..9.5 .................................................. 11 .......................... ............................................................................... ............... I ................................................. ............ .. ... .... ......... MP parking lot patch bill $1,466.48 $1,466.48 ..................................................................................................... :. ....... ... ... .... ..... . ... ... ... .... ..... ....... ... ...... .... .... . .......... ..... ..... ... .. ................. Total j $352,529.87 ................................. I ............................................................................................................................. I ..................................................................................................................... EXHIBIT F RIGHTS -OF -WAY FOR ACCESS TO LEASEHOLD PREMISES am � sou & mommem i PANM if LANTI rQk A=S$ MMSE A+EA ?ukFGS'EI HEk[i Pa:4t t;F UT 4 It ti IN TIE VLLA:E OF QF>}M1EL2 RING, PART CF 1IIE 4CIIT1fiE8T 01.10 2? rf rECT1rN '26, TiyM4W 43 !SiUH, K+NfE 12 EAST (IF 111411 T41?r, PFAKIP✓,L W1,I ii, .ACrOANI G 10 TIC PLAT 1HEFE F REC.'MCE7 I AKH 16, 'E57. N B ,:A 27• P±.,E 1c7 Iv LAKE CrJJK'TY. LLN, :Is, F RIK['2 OESCIHI) 1.$ FCLL0W7i: i tWC1Et1Lm AT R. vK4, T iu THE `E5T LINE (r `•A ? LOT 4. A EI5TWEE Q'F 273,34 FEET SOUT2i QF THE S 13THoBT f.,1FNER if 91wc SI. oms1:14, kateciNG 'm 114E PL!T TIV.1 1 BE:CCFPM ✓ kil. 10, 1901 AS 0MIJOir Ala. 114L9dz Sr1D 4Q t114w1_r 4'i".e4AE't WNC THE %WIN U%E cF L ° ✓T I IN !W MC S2C- !A'd.s1QN RltstEV, '*Es LY TO THE *0.T U-C S rk1F. *=L cmV1: 1HEWE VJIMI In CeCEM CR uMIM 79 ;E3 flC,S G5T PARAU 2. 1»TI4 11111 SCOM UkE CF 5+I1 LT,T I A 0131'WirE cP 1:515 FEET; nIEN -i SQITH CJ CEJsRM N uI!WO Is S CZND5 EAST AX-- FEET TD THE P:30 :F SEGKNIti_; THEtirt M71WIN1.1 WIN 116 ^,EUM. 21 UINIU70 :6 `ECtT tS EAST, 120 FEET; 11IER`CC NrAT44 0 1EC E5 C9 kPIU0 , .,113 tuusm. sm':1;70 rEEr. THENCE SCUM 44 CE::FE[S '9 wvDIES 47 SEtfuai~5'FE'S! :1,70 FM, TNEWX S;:IJTH W r.E-:;KEES 21 111%U11$ 16 :FjWW5 EAST 147 49 FEET; TIC <E `aAH 45 £Ea EEi 2N 011JES IS TECIM5 E151 7. +13 FEET: ME4CE I Ua ?4 A9 UCT:NP " s8 VNUTCS 42 5ElX5 w, CAST 13o.::J ICET 7k£�it't nU�?11 t 1 DEITiCE'! 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W`C , FUMPE3 CESCRBED PS KLL,>rf MW OLNONC AT A P0141 IV THE W61 UiE CF 4Alb LM 4. A 011TAME fF 2'IM FET'_T tr,(H Or TKE SaITHAEST s'.•ORZ: ,F 3IT5C Sir-.MKICN. A:;C k: 41 v T;} THE IT_I.T r1ppor asmwm 46PML M 1981 AS CCI%VENT %0. Ulk"42. ?aJG ST1u11lAM Crkt, Lstx THE z�mTH L14E CF LCT 1 IIT :ITLKC SAXIF-T' 404 CUESI)EV AE IE=LY TO THE VVI LINE Cr JXZ -NAL WAT; TTi4CE S" 39 FETFIEJL'; 08 G141JTES 79 SF.Citmi EASE PAKAUEL YATH THE ;CUM U%E CF SALT LUT 1 A 4LTAACt iF 11519 FEET rn THE Kl%l CF LE',NNI%A MME t;M-HW D1; 'xWTN !!4 tEGI MS r,Ti WNUTFS M :pr.Uws. CAST PARALLEL yelp THE SJUIN L14E Cr U0 LILT ) A 11131All(l CF 1 2.00 FM TO ME WMERLY W&L CF AN Ect5Tlar, CNE STUCY 5XC4 3,11.:MT nEN E !%TH 03 CB'AE£: 11 ahutES Ill'.4MO 9 EAST A11:NC UO - Af5M;L( Fa:E; 331.09 rM-T. THISICE IIIYR:TII ll1 CF_a=:m OG IlAt1TTS 2N �I7XN! ?5 At:,r i2xi) FEET: TTTC4 ?:E x:3{TL co CEi;EES 7T UMITTES 14 =*S09 %151 33 CO FEET TU ME POINT ff UGIN.4U+w SAI'. Mt'EL 0:.*F X14C .558 SWARE FEET. Tif w omlm mm IN A T'AFCEL CF LAMP FCR UTILITY U:ENTF AgEA VUPFCSES SEKr FART GF L r 4 IN 5LIKO 2 IN ME ALACE CF DEEMELO (0100 PART Of THE 1,WTHN£;T CuAiUER CF %CTI:N ?8;. iOMIMIP 43 NORM. NA%CE 12 EZT or 1T£ TNIRi ?ItrCpAL IjOMWA AC ORLINC TO TfE SLAT THE ;iMF FECIN""DM YARSH 14, IMF. IN E DGK 77, P:Ar�E 147 14 LANE GSA TY. W4C15, 00 U4 "V111101UCM LAN ?S L`dt+_ 10 niE .444°11 CF Ally Ar ACID4 Ty SAID U't 4, FLA1,11 R OESCgkE) AS RLLOOS: c4:4noi(INf. AT A pC14T IN. THE WEST LriE OF SAr1 LRT f, A GI -TAt t'E CF :!7.x -4 tat WLTH Cr THE SOIITH4Eir tCFfiV CF .IT1tiC SUiCt+79Ck, A.C;R:,NS rr THE MAT TTE'QMr 8E]CMED APP 21L E40t AS UM110IT M! 1106542. 4U StYS HAMI C,.R2 E't iMK THE Wm LNE ".r um i 1N 5ilam,' 5tfd1;P, mm, FuEsDEU MES1E =:L1' T;b THE W, t UNE Of AAVAL 001AT: " %CC KRrH Ot CEITAEE S f.4 0thtTE!T JO 'CM'- j$ EAST ALCNC SAL PEST U C IF LIFT 4 AND ITS KOMMERU CATESUCV. A. DIFMCE Cf :5 `.S rTET 110 THC rCItiT Cr EEoswx; THE +t:E Ck"T71N Iut5 NW..TH ill OEff M Jt uhlITL "a 14 SECrut$ EAST ALfNU SNO +Ear URC 15.01 FEET; tWVCE VrRIP aZ PEC;=EES ro 4I4tITE5 OD .xE1;ONTtS EAST 4.03 FEET; THENCE fi:+Il1H Oi M.,,FEES f,4 T44I.TE4 9g tLCCOOg %ASST 9.8: rW. 1lE'.YE tWTIl '+i LI[M(C; 9'I MI4UTt5 05 3[> sNC, EAST @.5.17 FELT; T16ar.£ Ax-IM w c[MEES 54 414UTE5 IJ !`Ecusin EAST ?4.9?.` ruT; Tlf`1. CE SMDi U) OUNEES :T Ul'AITES TH rGMI)S EAST HOi1 VIET; THCHM NW14 g•4 M,FEE5 R4 WINUTES L9 SEMC -S 'AE;r :5.53 FEET: MEWE SCV3TH 00 PEEPEL5 C•, wf%u S 00 SE Cp*S CAST 7.03 FEET, THENCE SOUTH .%a M!;RET3 CO 44NUTES r:• =MT)5 %MT flOo FEET; TFJE'itE NA :PrH' 1'iA'D...;M CIO UIMITI] 03 1MV4tn AM US rEET,, THENCE NORTH 72, CEGREE5 57 UIVUTE5 US SE0CN05 *EST St•Eb' FEET r I% mNr CF 96EvwNO SAID FAREEL T5",NTAINp4G I.W SQUAK fEXT. EXHIBIT G Prepared bv: SAC Wireless, LLC 635 Remington Road Suite A Schaumburg, Illinois 60173 Return to: AT &T Mobility, LLC 930 National Parkway- 4ih floor Schaumburg, IL 60173 RE: Cell Site No: I1,0446; Cell Site Name: Downtown Deerfield Fixed Asset Number: 10131220 State: Illinois County:. Lake MEMORANDUM OF COMMUNICATIONS TOWER LEASE AGREEMENT This Memorandum of Communications Tower Lease Agreement is entered into on this _, day of )20 , by and between Village of Deerfield, having a mailing address of New Cingular 850 Waukegan Road, Deerfield, Illinois 60ecom company, having a mailing address of12555 Cingular Wireless PCS, LLC, a Delaware limited liability P Way, Suite 1300, Alpharetta GA 30004 (hereinafter referred to as "Tenant "). 1. Landlord and Tenant entered into a certain Option and ' StrOucture Lea he Agreement n ( "Agreement') on the _ day of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The initial lease term will be Ten (10) years ( "Initial Term ") commencing on with three (3) successive automatic five (5) year options to renew. 3. The portion of the land being leased to Tenant (the "Leasehold Premises ") is described in Exhibit 1 annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. WITNESSES: Print Name: Print Name: Print Name: Print Name: "LANDLORD" Village of Deerfield, an Illinois municipal corporation By: Name: Its: Date: "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: Print Name: Its: Date: LESSEE ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF ) On the day of in the year 20_, before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public: My Commission Expires: VILLAGE ACKNOWLEDGMENT STATE OF ss: COUNTY OF ) On the day of in the year before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: My Commission Expires: Exhibit 1 dIklmumm o1 ma mmm G Pdi1Ca 'r L0,11 rlJk ACMR4 C:W.',E t: =':EA ?U1Yr'Cx?E NEWO P49 CF Lcd 4 W ^..L—.K 2 Ai 71E VLA:E 1.F m;f'IE3:? TI'CWI PARS Of PIE Fia.ITIOUT 0AVDI CF `VIKf1 M. VWN94? 43 - MORIV,' 41. 6Nf$ 12 E44T Of IHE VOD pFWIPAL W RBN, AO GNG 17 TE ?r.T THEFECF FE CE> iARCH IE. 1857. N C 27. P ?1j, ?f? ti' LA E C AJN7Y. 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