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R-19-97 Authorizing Adoption Of A Lease Agreement With Primeco Personal Communicatins L.P.RESOLUTION NO. g ' /9-5 7 97309782 DATE OF APPROVAL --(71.8--i 7 973097E2 RESOLUTION AUTHORIZING ADOPTION OF ADEpr_o RECar;Dflij LEASE AGREEMENT •- 310C PRIMECO PERSONAL WITH T��irrC.�3 , IRAN 8316 �2? I.t���t� RSONAL COMMUNICATIONS; L.P"at��t.ot1t�rY ri=::s D� ;�' WHEREAS, the Village of Lemont, a Municipal Corporation whose Village Hall is located at 418 Main Street, Lemont, Illinois, is the owner of a water tower located at 1143 State Street; and WHEREAS, PrimeCo Personal Communications desires to enter into a lease agreement with the Village to utilize the water tower for a cellular communications antenna; and WHEREAS, the Village of Lemont hereby agrees to adopt a lease agreement with PrimeCo Personal Communications for the water tower property which is legally described in Exhibit "A ", attached. NOW, THEREFORE, IS IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the attached Lease Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, C UNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this day of .1997. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this day of A AYES NAYS PASSED ABSENT tV" v v DEPT-01 RECORDING $43.50 T4C'003 TRAM 8316 05 /02/97 12 :10:00 i0 :00 41420 _ D .3*-97-Zn9782 COOK COUNTY REORDER r3 M. SMOLLEN, Village Clerk 'a. Aar I Cr RD A. AS■EKS , Village President RLENE M. SMOLLEN, illage Clerk Planning Department Village of Lemont 418 Main Street Lemont, I160439 P1N #: 22 -29- 402 - 005 -0000 EXHIBIT "A" Legal Description THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER 332.44 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 29, THENCE EASTERLY AT AN ANGLE OF NORTH 89 DEGREES 55 MINUTES EAST, A DISTANCE OF 150.49 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 45 SECONDS EAST, 34.08 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING NORTH 02 DEGREES 28 MINUTES 45 SECONDS EASST 20.00 FEET THENCE CONTINUING NORTH 87 DEGREES 31 MINUTES 14 SECONDS WEST, 15.00 FEET; THENCE SOUTH 02 DEGREES 28 MINUTES 45 SECONDS EAST, 20.00. FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 14 SECONDS EAST, 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 300.00 SQUARE FEET, IN COOK COUNTY, ILLINOIS. AND THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER 332.44 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 29, THENCE EASTERLY AT AN ANGLE OF NORTH 89 DEGREES 55 MINUTES EAST, A DISTANCE OF 150.49 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 45 SECONDS EAST, 54.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 28 MINUTES 45 SECONDS 14.33 FEET; THENCE NORTH 27 DEGREES 18 MINUTES 39 SECONDS WEST, 78.15 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 14 SECONDS WEST, 9.22 FEET; THENCE SOUTH 27 DEGREES 18 MINUTES 39 SECONDS EAST, 57.90 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 14 SECONDS WEST, 98.06 FEET TO THE EAST LINE OF STATE STREET; THENCE SOUTH 02 DEGREES 28 MINUTES 45 SECONDS WEST ALONG THE EAST LINE OF STATE STREET, 12.00 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 14 SECONDS EAST, 100.32 FEET; THENCE SOUTH 27 DEGREES 18 MINUTES 39 SECONDS EAST, 4.07 FEET; THENCE SOUTH 02 DEGREES 28 MINUTES 45 SECONDS WEST, 14.33 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 14 SECONDS EAST, 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2084.96 SQUARE FEET, IN COOK COUNTY, ILLINOIS. PIN #: 22 -29- 402 - 005 -0000 Site I:j': CGB 4140 -1 SITE AGREEMENT This Site Agreement ( "Agreement ") entered into thisiik day of td - , 1997, by and between the Village of Lemont, whose address is 418 Main Street, Lemont, Illinois 60439, in the County of Cook ( "Owner"), and PrimeCo Personal Communications, L.P., whose address is One Pierce Place, Suite 1100, Itasca, IL 60143 ( "PrimeCo "), provides for the granting and leasing of certain property interests on the following terms: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PROPERTY. The Owner hereby leases and grants property interests ( "Property ") which include the following: Existing Structure (Note: In this transaction, the Building is a water tower.) [ x ] Building exterior space for attachment of antennas [ x ] Building exterior space for placement of equipment of approximately 196 sq. ft. (14 ft. x. 14 ft.) usable square feet [ x ] Space required for cable runs to connect equipment and antennas [ x ] Non - exclusive easements required to run utility lines and cables [ x ] Non - exclusive easement across Owner's Property (hereinafter defined) for access Raw Land [ ] Real Property comprising approximately square feet Non - exclusive easements required to run utility lines and cables Non - exclusive easements for vehicular ingress and egress across and over Owner's Property for access [] [] in or upon the Owner's real property ( "Owner's Property "), located at 1143 State Street, Lemont, Illinois 60439, as legally described on Exhibit "A" attached hereto and subject to the 1 Site Name: Southwest Lemont site drawing shown and described on said Exhibit "B ", shall constitute PrimeCo's Communications Facility ( "Communications Facility "). 2. TERM. The term of this Agreement shall be Five (5) years, with the first year commencing on the date PrimeCo begins construction of PrimeCo's Communication Facility • ( "Commencement Date ") and terminating on the last day before the fifth annual anniversary of the Commencement Date (the "Term "), unless otherwise terminated as provided hereinafter. PrimeCo shall have the right to extend the Term for Three (3) successive five (5) year periods (the "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term, unless PrimeCo notifies Owner in writing of its intention not to renew prior to commencement of the succeeding Renewal Term. 3. RENT. A. PrimeCo shall pay Rent to Owner in annual payments in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) ( "Rent ") on the Commencement Date and on the anniversary of the Commencement Date thereof. B. For any Renewal Term, the annual rent shall be: Renewal Terms Years 6 -10 Years 11 -15 Years 16 -20 Annual Rent $ 12,000.00 $ 14,400.00 $ 17,280.00 4. USE. PrimeCo may use the Property for the purpose of installing, removing, replacing, maintaining and operating a Communications Facility. Owner shall provide PrimeCo with twenty -four (24) hour, seven (7) day a week, year- around access to the Property. Site i1): CGB 4140 -1 Site Name: Southwest Lemont In addition to the use set forth above, PrimeCo, its agents and contractors, are granted the right to enter upon the Owner's Property and conduct such studies, at PrimeCo's expense, as PrimeCo deems necessary to determine the Property's suitability for PrimeCo's Communications Facility. These studies may include surveys, soil tests, environmental assessments and radio wave propagation measurements. Owner shall assist PrimeCo in complying with zoning and building regulations and land use. Owner shall execute all documents required in furtherance of PrimeCo's intended use of the Property. 5. TAXES. PrimeCo shall pay all personal property taxes assessed against the Communications Facility. Owner shall timely pay all real property taxes and assessments against the Owner's Property. 6. UTILITIES. Payment for electric service and for telephone or other services to the Communications Facility shall be PrimeCo's responsibility. Owner agrees to cooperate with PrimeCo in its efforts to obtain utilities from any location provided by Owner or servicing utility. PrimeCo shall either separately meter or submeter all utilities used by PrimeCo. 7. PERSONAL PROPERTY AND REMOVAL OF COMMUNICATIONS FACILITY. All personal property and fixtures of PrimeCo shall be removed by PrimeCo upon the expiration or termination of this Agreement, and the Site shall be restored, reasonable wear and tear excepted and except loss by casualty or other causes beyond PrimeCo's control, within thirty (30) days of the expiration or termination of this Agreement. The Communications Facility and all related equipment and antennas shall remain the personal property of PrimeCo, shall not be deemed to be permanently attached to the Site, and shall be maintained and repaired solely by PrimeCo. 8. INSURANCE. PrimeCo shall maintain, at its sole cost during the term of this Agreement, commercial general liability insurance insuring 2 PrimeCo and Owner against liability for personal injury, death or damage to personal property arising out of the use of the Site by PrimeCo. Such insurance shall provide coverage in an amount not less than One Million Dollars ($1,000,000.00) for bodily injury or death to one or more persons and in an amount of not less than One Million Dollars ($1,000,000.00) for property damage. Owner shall be added to the policy as an additional insured, and the insurance policy shall contain a provision providing that the policy shall not be cancelled without Owner receiving a thirty (30) day notice. PrimeCo reserves the right to satisfy the insurance requirements herein through self insurance. Owner shall maintain general liability insurance insuring Owner against liability for personal injury, death or damage to personal property arising out of its ownership, use and management of the Owner's Property by Owner or its agents, with combined single limits of not Tess than One Million Dollars ($1,000,000.00). Notwithstanding anything in this Agreement to the contrary, each party releases the other party from all liability, whether for negligence or otherwise, in connection with a loss covered by any policy(s) which the releasing party carries with respect to the Property or the Owner's Property, but only to the extent that such loss is collected under such insurance policy(s). Any policy required to be obtained pursuant to this Section shall contain a Waiver of Subrogation in favor of the other party hereto. 9. INDEMNITY. PrimeCo agrees to indemnify and hold Owner harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of PrimeCo's occupancy, use, installation or maintenance of its Communications Facility, excepting the acts, omissions, negligence or misconduct of Owner or Owner's employees or agents. 10. CONDITION OF PROPERTY, COMPLIANCE WITH LAW. Owner makes no warranty or representation regarding the Site 16: CGB 4140 -1 Site Name: Southwest Lemont condition of the Property, and the Property is leased as -is. PrimeCo agrees that any improvements constructed by PrimeCo on the Property and all of the operations of PrimeCo within the Property shall be in compliance with all applicable laws, codes and regulations. 11. TERMINATION. This Agreement may be terminated by PrimeCo at any time, in its sole discretion, by giving written notice thereof to Owner not less than 30 days prior to the Commencement Date. In addition, this Agreement may be terminated by PRIMECO, upon giving written notice to Owner, if: (a) PrimeCo cannot obtain or is unable to renew all permits, licenses, easements or other approvals ( "Approval ") required for the use of the Property, whether by cancellation, expiration lapse, withdrawal or termination; or (b) Owner fails to execute requested non - disturbance agreement or subordination agreement; or (c) Owner does not have legal and sufficient ownership or authority to enter into this Agreement; or (d) PrimeCo determines that the Owner's Property contains hazardous substances; or (e) PrimeCo determines that the Property is not appropriate for its operations for economic or technological reasons. Upon termination Owner shall promptly refund to PrimeCo any prepaid rent for the unused portion of the current lease term. In the event Owner intends to demolish the water tower at which the Site is located, Owner shall have the right to terminate this Agreement, by giving PrimeCo twelve (12) months advance written notice. Owner's right to terminate shall be subject to the following conditions. The termination date may not occur until after the initial five (5) year Term and the first renewal Term. If Owner gives PrimeCo a termination notice based on a plan or schedule to demolish the water tower and such plan or schedule is cancelled or delayed, Owner shall promptly notify PrimeCo that the termination notice is cancelled or that the termination date is delayed, it being the intent of the parties that this PrimeCo shall be allowed to operate at the Site as long as possible. Upon PrimeCo's request prior to termination, Owner shall make a good 3 faith effort to identify and inform PrimeCo of, within twenty (20) days after PrimeCo's request, other property(s) owned by Owner where it would permit PrimeCo to relocate its Communications Facility for the remainder of the Term and Renewal Terms, including property(s) where Owner would permit PrimeCo to construct an antenna pole or tower. If PrimeCo desires to relocate on a property(s) identified by Owner, PrimeCo shall submit plans and specifications for Owner's approval, which approval shall not be unreasonably withheld. In the event of an approved relocation, the Term or Renewal Term, as the case may be, shall be suspended from the termination date until PrimeCo completes its installation and is prepared to activate its Communications Facilities at the new Site. If Owner intends to construct a replacement water tower for the one being demolished at the Property, Owner shall include the replacement tower as a property on which PrimeCo would be permitted to relocate. 12. HAZARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any substance, chemical, or waste (collectively "Substance ") on the Owner's Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. PrimeCo shall not introduce any Substance in violation of any applicable federal, state or local law or regulation. Owner shall hold PrimeCo harmless from and indemnify PrimeCo against any damage, loss, expense, response costs, or liability, including consultants' fees and attorneys' fees resulting from the presence of any Substance on, under or around the Owner's Property as long as the Substance was not introduced by PrimeCo, its employees, agents or contractors. Owner, its employees, agents or contractors shall not introduce any Substance in violation of any applicable federal, state or local law or regulation to the Property. 13. CASUALTY. In the event that all or substantially all of the Owner's Property or the Communications Facility is damaged by any casualty and such damage adversely affects PrimeCo's use of the Property, this Agreement Site 11D: CGB 4140 -1 shall terminate as of the date of the casualty if PrimeCo gives written notice of termination within thirty (30) days after PrimeCo receives notice of such casualty. 14. CONDEMNATION. In the event that all or substantially all of Owner's Property is condemned by an authorized governmental or quasi - governmental authority, this Agreement shall terminate upon the date of the taking and each party shall have the right to maintain their own respective actions against the condemning authority for their respective damages and neither party shall have any interest in any award granted to the other. In the event of such a taking, the rental shall be prorated to the date of the taking, and any excess prepaid rent shall be promptly repaid to PrimeCo. 15. PERSONAL PROPERTY. The Communications Facility and each portion thereof shall be deemed PrimeCo's personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable law. PrimeCo shall have the right to pledge and allow liens to be placed against the Communications Facility and each portion thereof (but not the Property) in security agreements and other types of financing and equipment leasing arrangements. 16. QUIET ENJOYMENT. PrimeCo, upon payment of the rent, shall peaceably and quietly have, hold and enjoy the Property. Owner shall not cause or permit any use of Owner's Property which interferes with or impairs the quality of the communications services being rendered by PrimeCo from the Property. Except in cases of emergency, Owner shall not have access to the Communications Facility unless accompanied by PrimeCo personnel as described in Exhibit "B". 17. SUBORDINATION and NON - DISTURBANCE. At Owner's option, this Agreement shall be subordinate to any mortgage by Owner which from time to time 4 Site Name: Southwest Lemont may encumber all or any part of the Site, provided that every such mortgagee shall recognize (in writing and in a form acceptable to counsel for PrimeCo) the validity of this Agreement in the event of a foreclosure of Owner's interest and also the right of PrimeCo to remain in occupancy and have access to the Site as long as PrimeCo is not in default of this Agreement. PrimeCo shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Agreement, there is any mortgage, deed of trust, ground lease or other similar encumbrance affecting Owner's property, Owner agrees to use commercially reasonable best efforts in cooperating with PrimeCo in obtaining from the holder of such encumbrance an agreement that PrimeCo shall not be disturbed in its possession, use and enjoyment of the Site. 18. DEFAULT. Except as expressly limited herein, Owner and PrimeCo shall each have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty (30) days, nevertheless, this Agreement may not be terminated if the defaulting party commences action to cure the default within 30 days and proceeds with due diligence to fully cure the default. 19. MISCELLANEOUS. A. Owner represents and warrants that Owner has full authority to enter into and sign this Agreement. If the Property is held in a trust, the Owner shall execute a written direction to the Trustee to execute the Site Agreement and other required documents as deemed necessary by PrimeCo. B. This Agreement may be signed in counterparts by the parties hereto. C. The terms and conditions of this Agreement shall extend to and bind the heirs, Site :D: CGB . 4140 -1 personal representatives, successors and assigns of Owner and PrimeCo. D. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non - prevailing party. E. Before the Commencement Date, Owner shall execute, acknowledge and deliver to PrimeCo for recording a Memorandum of this Agreement ( "Memorandum ") in the form of Exhibit "C ". Owner hereby grants PrimeCo the right to insert the Effective Date of the Site Agreement into the Memorandum after execution of the Memorandum. F. Upon the approval of Owner, which approval shall not be unreasonably withheld, PrimeCo may assign this Agreement or sublease any or all of the Communications Facility at any time provided that the assignee or sublessee assumes all obligations arising under this Agreement. Notwithstanding the foregoing, PrimeCo shall have the right, without Owner's consent, to assign this Agreement or sublet any or all of the Communications Facility to any of its limited partners, or any entity acquiring substantially all of the assets of any of them or their interest in PrimeCo. G. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by any nationally- recognized overnight courier service to the address set forth beneath the signature of each party below. Any such notice shall be deemed given when deposited in the United States Mail or delivered to such courier service. H. This Agreement shall be construed in accordance with the laws of the State where the Communications Facility is located. 5 Site Name: Southwest Lemont I. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. J. This Agreement supersedes all prior discussions and negotiations and contains the full and complete agreement and understanding between Owner and PrimeCo. All Exhibits and Attachments are incorporated herein by reference. 20. TIMING. if PrimeCo has not either commenced construction of, or commenced paying rent for, the Communications Facility within ninety (90) days after Owner issues a special use permit for the Communications Facility and executes this Agreement, then Owner shall have the right to terminate this Agreement without further obligation on either party. 21. NON - INTERFERENCE. PrimeCo agrees to install radio equipment of types and frequencies which would not cause interference to the equipment of preexisting users on the water tower at the Property and agrees to follow industry and manufacturers recommendations pertaining to installation methods, grounding methods and any safety issues. In the event PrimeCo's equipment causes such interference, PrimeCo shall, at its sole cost and expense, correct such interference. Owner shall have the right to enter into additional leases or licenses for communications facilities at the Property; provided that Owner shall not grant a lease or license to any other party for the use of a communications facility at Owner's Property, if such use would interfere with PrimeCo's operation of its system. Any future lease at Owner's Property which permits the installation of communications equipment shall be conditioned upon not interfering with PrimeCo's operation at the Property. Without limiting any other remedy at law or equity, PrimeCo shall Site ilk: CGB 4140 have the right to terminate this Agreement upon thirty (30) days prior written notice in the event its reception or transmission is interfered with by other communication facilities, or obstacles Site Name: Southwest Lemont constructed or operated in PrimeCo's reception of transmission paths. IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement on this 1997. VILLAGE OF LEMONT OWNER Its: Vvesie..ev.k---- Federal ID No.: ?)to 5`qlryR Witness: Print Name: l.hayty,,_ wv�ol�p.y� Its: V Al, PRIMECO PRIMECO PERSONAL COMMUNICATIONS, L.P. By: Its: Date Executed: 4z; )61-i Address of PRIMECO: PrimeCo Personal Communications, L.P. One Pierce Place, Suite 1100 Itasca, Illinois 60143 Attn: Director of Site Acquisition 'y:23y� APPROVED � KLi (-07 Ach4;e1 6 Address of Owner: day of 418 Main Street Lemont, Illinois 60439 -3788 Telephone No.: 630.257.1550 Facsimile No.: 630.257.1598 Witness: Print Name: Its: Witnesses: 1. Print Name: 2. Print Name: With copy to: PrimeCo Personal Communications, L.P. One Pierce Place, Suite 1100 Itasca, Illinois 60143 Attn: Associate General Counsel Site ID: CGB 4140 -1 EXHIBIT "A" TO SITE AGREEMENT LEGAL DESCRIPTION OF OWNER'S PROPERTY: Site Name: Southwest Lemont THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE -OF SAID SOUTHEAST QUARTER 332.44 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 29, THENCE EASTERLY AT AN ANGLE OF NORTH 89 DEGREES 55 MINUTES EAST, A DISTANCE OF 150.49 FEET; THENCE.NORTH 02 DEGREES 28 MINUTES 45 SECONDS EAST, 34.08 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING NORTH 02 DEGREES 28 MINUTES 45 SECONDS EASST 20.00 FEET THENCE CONTINUING NORTH 87 DEGREES 31 MINUTES 14 SECONDS WEST, 15.00 FEET; THENCE SOUTH 02 DEGREES 28 MINUTES 45 SECONDS EAST, 20.00. FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 14 SECONDS EAST, 15.00 .FEET TO THE POINT OF BEGINNING, CONTAINING 300.00 SQUARE FEET, IN COOK COUNTY, ILLINOIS. AND THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER 332.44 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 29, THENCE EASTERLY AT AN ANGLE OF NORTH 89 DEGREES 55 MINUTES EAST, A DISTANCE OF 150.49 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 45 SECONDS EAST, 54.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 28 MINUTES 45 SECONDS 14.33 FEET; THENCE NORTH 27 DEGREES 18 MINUTES 39 SECONDS WEST, 78.15 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 14 SECONDS WEST, 9.22 FEET; THENCE SOUTH 27 DEGREES 18 MINUTES 39 SECONDS EAST, 57.90 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 14 SECONDS WEST, 98.06 FEET TO THE EAST LINE OF STATE STREET; THENCE SOUTH 02 DEGREES 28 MINUTES 45 SECONDS WEST ALONG THE EAST LINE OF STATE STREET, 12.00 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 14 SECONDS EAST, 100.32 FEET; THENCE SOUTH 27 DEGREES 18 MINUTES 39 SECONDS EAST, 4.07 FEET; THENCE SOUTH 02 DEGREES 28 MINUTES 45 SECONDS WEST, 14.33 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 14 SECONDS EAST, 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2084.96 SQUARE FEET, IN COOK COUNTY, ILLINOIS. PIN: 22 29 402 005 It is agreed by Owner and PrimeCo that the actual legal description of Owner's Property will be inserted or corrected, if necessary, and that the actual legal description may be inserted on this Exhibit A" by PrimeCo. • Site ID: CGB 4140 -1 EXHIBIT "B" TO SITE AGREEMENT SKETCH AND DESCRIPTION OF PROPERTY: Site Name: Southwest Lemont The Property, Site and Communications Facility shall be as depicted on Sheets T -1, Z -1 and Z -2, revision date 3/20/97, prepared by W -T Engineering, Inc., attached hereto and incorporated herein, as might be revised by mutual agreement of the parties, which revisions shall be automatically incorporated herein. Notes: 1. This Exhibit shall be replaced by a land survey of the Owner's Property and /or Construction Drawings at PrimeCo's sole cost and expense, together with non - exclusive easements for ingress and egress across Owner's Property to the Property, utility lines, and cables to service the Property. 2. Width of access easements, shall be the width required by the applicable govemmental authorities, including police and fire departments. 8 • Site ID: CGB 4140 Site Name: Southwest Lemont EXHIBIT "C" TO SITE AGREEMENT MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that a lease was made and is hereby entered into by written Site Agreement effective this day of , 1997, between the Village of Lemont ( "Owner "), whose address is as set forth below, and PrimeCo Personal Communications, L.P. ( "PrimeCo "), whose address is One Pierce Place, Itasca, IL 60143, the terms and conditions of which are incorporated herein by reference. Such Site Agreement provides, in part, that Owner, for valuable consideration, leases to PrimeCo a part of that certain property owned by Owner which is described in Exhibits "A" and "B" attached hereto and incorporated herein for Five (5) years commencing on ,199, which term is subject to Three (3) additional Five (5) year option terms. written. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above VILLAGE • LEMONT fa LA- , r Print' ame: 0 By: Its: ,(1,9:4 Federal ID No.: 3 (0- x,561(.4 Witness: Print Name: Chor e_ Siva,I/e,u lis: OWNER —9— Address of Owner: 418 Main Street Lemont, Illinois 60439 -3788 Telephone No.: 630.257.1550 Facsimile No.: 630.257.1598 Witness: Print Name: Its: Site ID: CGB 4140 PRIMECO PERSONAL CO `r CA ONS, L.P. By: its: ST & Detet T m e4+ APPROVED L-,,% cbt ireuOiz Address of PRIMECO: PrimeCo Personal Communications, L.P. Suite 1100 Itasca, Illinois 60143 Attention: Associate General Counsel- Midwest Region PRIMECO STATE OF ILLINOIS COUNTY OF Witnesses: 1. Print Name: 2. Site Name: Southwest Lemont Print Name: With copy to PrimeCo Personal Communications, L.P. Suite 1100 Itasca, Illinois 60143 Attention: Director of Site Acquisition The foregoing instrument was acknowledged before me on this day of 199 by _ ast... !title] of [naml of entity] on beh4lf of the [type of entity]. He /she is personally known to me. My commission expires. Notary Public - State of Illinois [Seal] STATE OF ILLINOIS COUNTY OF The foregoing instrument was acknowledged before me on this 23 day of f'c? \ , 199+, by \nla e- , Olsoln Or. , as/ �-irr bircc r ft, [title] of PrimeCo Personal Communications, L.P. He /she is personally known to me S 4r ( veJu p Me-14 My commission expires: [Seal] Upon Recording Return To: PrimeCo Personal Communications, L.P. Legal Department Suite 1100 Itasca, Illinois 60143 10 tary Pu ate of Illinois OFFICIAL SEAL JENNIFER L HATFIELD NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES:06/O6/00