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R-57-00 05/22/00RESOLUTION NO. DATE OF APPROVAL S 7-2 —o 4 RESOLUTION AUTHORIZING ADOPTION OF A LEASE AGREEMENT WITH Metricom c/o FMHC Corporation 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, Metricom c/o FMHC Corporation 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 Metricom c/o FMHC Corporation 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, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this ZZ44 day of Mai , 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Approved by me this Z Zn 4 day of At AYES NAYS PASSED ABSENT ,J.% /f,/!_ E M. SMOLLEN, Village Clerk I- IARLENE M. SMOL EN, Village Clerk Planning Department Village of Lemont 418 Main Street Lemont, 1160439 PINft: 22-29-402-005-0000 ASNEKSI, Village President APPROVED /AS TO FORM: DATE /I c VILLAGE ATTORNEY it, 1 U ,/)f€ ( 11 1260 Mark Street Bensenville, IL 60106 the global leader IN TELECOM OUTSOURCING June 12,2000 Charlene M. Smollen Village Clerk Village of Lemont 418 Main St. Lemont, IL 60439 Re: IL227 -C Dear Ms. Smollen, Enclosed is your copy of the fully executed Resolution Authorizing Adoption of a Lease Agreement between the Village of Lemont and Metricom Inc. In accordance with paragraph three of the agreement, you will receive your first payment on the Commencement Date. We are currently pursuing the necessary permits and authorization required to meet this date. Should you have any questions or concerns please refer to the number sited above and contact either: Larina Freitas Property Administrator Network Real Estate Metricom Inc. 408.399.8453 direct 408.354.9537 fax Ifreitas@metricom.com S or Chris Jacobs Leasing Coordinator WFI Ray Shinkle Leasing Manager WFI 630.350.7426 direct 630.350.7418 fax ray.shinkle©wfinet.com Site ID: IL -0227C SITE AGREEMENT This Site Agreement ( "Agreement ") entered into this 22`h day of May, 2000, by and between the Village of Lemont, an Illinois municipal corporation, whose address is 418 Main Street, Lemont, Illinois 60439, in the County of Cook ( "Owner "), and Metricom, Inc., a Delaware corporation, whose address is 980 University Avenue, Los Gatos, CA 95032 ( "Metricom "), 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 includes the following: Existing Structure (Note: In this transaction, the Building is a water tower.) [ X ] Building exterior space for attachment of antennas. Building interior space for placement o equipment of approximately 120 sq. ft. (10 ft. x 12 ft.) usable square feet. Space required for cable runs to connect equipment and antennas. Non - exclusive easements required to run utility lines and cables. 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 Site Name: Southwest Lemont site drawing shown and described on said Exhibit `B ", shall constitute Metricom'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 Metricom begins construction of Metricom'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. Metricom 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 Metricom notifies Owner in writing of its intention not to renew prior to commencement of the succeeding Renewal Term. 3. RENT. A. Metricom shall pay Rent to Owner in annual payments in the amount of Twenty Three Thousand and 00 /100 Dollars ($23,000.00) ( "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 $26,450.00 $30,417.50 $34,980.00 4. USE. Metricom may use the Property for the purpose of installing, removing, replacing, maintaining and operation a Communications Facility. Owner shall provide Metricom with twenty -four (24) hour, seven (7) day a week, year - around access to the Property. All access to the Property and or Premises shall be coordinated with the Village of Lemont Public Works Department. In addition to the use set forth above, Metricom, its agents and contractors, are granted the right to enter upon the Owner's Property and conduct such studies, at Metricom's expense, as Metricom deems necessary to determine the Property's suitability for Metricom's Communication Facility. These studies may include surveys, soil tests, environmental assessments and radio wave propagation measurements. Owner shall assist Metricom in complying with zoning and building regulation and land use. Owner shall execute all documents required in furtherance of Metricom's intended use of the Property. Any additional expense of repainting, repairing, or maintaining the Premises or Water Tower reasonably incurred by the Owner as a direct consequence of the presence of the Communication Facilities being located thereon shall be paid promptly by Metricom to Owner upon receipt of Owner's written notice of such additional cost, which notice shall state the reason(s) for the incurring of such costs and shall include a reasonable itemization of such costs. 5. TAXES. Metricom 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 Metricom's responsibility. Owner agrees to cooperate with Metricom in its efforts to obtain utilities from any location provided by Owner or servicing utility. Metricom shall either separately meter of sub meter all utilities used by Metricom. 7. PERSONAL PROPERTY AND REMOVAL OF COMMUNICATIONS FACILITY. All personal property and fixtures of Metricom shall be removed by Metricom upon the expiration or termination of this Agreement, and the Site shall be restored, reasonable wear and tear expected and except loss by casualty or other causes beyond Metricom'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 Metricom, shall not be deemed to be permanently attached to the Site, and shall be maintained and repaired solely by Metricom. 8. INSURANCE. Metricom shall maintain, at its sole cost during the term of this Agreement, commercial general liability insurance insuring Metricom and Owner against Liability for personal injury, death or damage to personal property arising out of the use of the Site by Metricom. 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. Metricom 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 less 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. Metricom 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 Metricom'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 condition of the Property, and the Property is leased as -is. Metricom agrees that any improvements constructed by Metricom on the Popery and all of the operations of Metricom within the Property shall be in compliance with all applicable laws, codes and regulations. 11. TERMINATION. This Agreement may be terminated by Metricom at any tine, 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 METRICOM, upon giving written notice to Owner, if: (a) Metricom 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) Metricom determines that the Owner's Property contains hazardous substances; or (e) Metricom determines that the Property is not appropriate for its operations for economic or technological reasons. Upon termination Owner shall promptly refund to Metricom any prepaid rent for the unused portion of the current lease term. If Metricom terminates this lease pursuant to paragraph 11(e) of the Agreement, Metricom agrees to pay owner an early termination fee equal to three (3) months then current rent. 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 Metricom 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 Metricom 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 Metricom that the termination notice is cancelled or that the termination date is delayed, it being the intent of the parties that this Metricom shall be allowed to operate at the Site as long as possible. Upon Metricom's request prior to termination, Owner shall make a good faith effort to identify and inform Metricom of, within twenty (20) days after Metricom's request, other property(s) owned by Owner where it would permit Metricom to relocate its Communications Facility for the remainder of the Term and Renewal Terms, including property(s) where Owner would permit Metricom to construct an antenna pole or tower. If Metricom desires to relocate on a property(s) identified by Owner, Metricom 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 Metricom completes its installation and is prepared to activate its Communications Facility 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 Metricom 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. Owner shall hold Metricom harmless from and indemnify Metricom 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 Metricom, 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 Metricom's use of the Property, this Agreement shall terminate as of the date of the casualty if Metricom gives written notice of termination within thirty (30) days after Metricom 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 Metricom. 15. PERSONAL PROPERTY. The Communications Facility and each portion thereof shall be deemed Metricom's personal property for the purposes of this Agreement, regardless of whether or not the sane is deemed real or personal property under applicable law. Metricom 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. Metricom, 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 Metricom from the Property. Except in cases of emergency, Owner shall not have access to the Communications Facility unless accompanied by Metricom 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 may encumber all or any part of the Site, provided that every such mortgage shall recognize (in writing and in a form acceptable to counsel for Metricom) the validity of this Agreement in the event of a foreclosure of Owner's interest and also the right of Metricom to remain in occupancy and have access to the Site as long as Metricom is not in default of this Agreement. Metricom 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 Metricom in obtaining from the holder of such encumbrance and agreement that Metricom shall not be disturbed in its possession, use and enjoyment of the Site. 18. DEFAULT. Except as expressly limited herein, Owner and Metricom 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 Metricom. 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, personal representatives, successors and assigns of Owner and Metricom. 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 Metricom fro recording a Memorandum of this Agreement ( "Memorandum ") in the form of Exhibit "C ". Owner hereby grants Metricom 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, Metricom may assign this Agreement or sublease any or all of the Communications Facility at any time provided that the assignee or subleasee assumes all obligations arising under this Agreement. Notwithstanding the foregoing, Metricom 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 Metricom. 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. 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 Metricom. All Exhibits and Attachments are incorporated herein by reference. 20. TIMING. If Metricom has not either commenced construction of, or commenced paying rent for, the Communications Facility within One - Hundred Eighty (180) 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. APPROVAL OF CONSTRUCTION PLANS. Prior to commencing construction, Metricom shall obtain Lessor's approval of Metricom's conceptual work plans, which approval shall not be unreasonably withheld, delayed or conditioned. Lessor shall give such approval or provide Metricom with its requests for changes within fifteen (15) working days of Lessor's receipt of Metricom's plans. If Lessor does not provide such approval or request for changes within such fifteen (15) working day period, it shall be deemed to have approved the plans. Lessor shall not be entitled to receive any additional consideration in exchange for giving its approval of Metricom's plans 22. NON - INTERFERENCE. Metricom 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 Metricom's equipment causes such interference, Metricom 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 Metricom'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 Metricom's operation at the Property. Without limiting any other remedy at law or equity, Metricom shall 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 constructed or operated in Metricom's reception of transmission paths. IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement on this 22 °d day of May, 2000. OWNER VILLAG munici By: Print Name: Richard A. Rwasneski Its: Village President Federal ID No.: NT, an Illinois 36- 6005968 Print Name: e%41-- METRICOM Metrico ,Inc. a Delaware corporation By: Print Name: Its: DICK L. Au VICE PRESIDENT CORPORATE OPS. Witness Print Name: 1 (/g1 41 Address of Owner: Village of Lemont 418 Main Street Lemont, Illinois 60439 -3788 Telephone No.: Facsimile No.: 630 - 257 -1550 630 - 257 -1598 Address of METRICOM: Metricom Inc. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 Approved As To Form ROW e ; -1 Department By: D Site ID: IL -0227C Site Name: Southwest Lemont EXHIBIT "A" TO SITE AGREEMENT Legal Description of Owner's Property This exhibit is attached to, and incorporated into that certain Lease dated as of May 22, 2000, by and between Metricom, Inc., a Delaware corporation, as Lessee, and The Village of Lemont, an Illinois municipal corporation, as Lessor, and describes the Property to be utilized by Metricom pursuant to the Lease as follows: 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, DESCRINED 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 EAST 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 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. P r : 22 29 402 005 Metricom's Initials wne ' Initials Site ID: IL -0227C EXHIBIT `B" TO SITE AGREEMENT Location of Premises and Equipment Site Name: Southwest Lemont This exhibit is attached to, and incorporated into that certain Lease dated as of May 22, 2000, by and between Metricom, Inc., a Delaware corporation, as Lessee, and The Village of Lemont, an Illinois municipal corporation, as Lessor, and references the location of the Premises and Communications Equipment within the Property to be utilized by Metricom pursuant to the Lease. Site Sketch: Owner and Metricom may at Metricom's option replace this Exhibit with As -Built Drawings depicting the site. Such drawings will be subject to the approval by Owner, and such approval will not be unreasonably withheld, delayed, or conditioned. Metricom's Initials 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 22nd day of May, 2000 between the VILLAGE OF LEMONT, an Illinois municipal corporation ( "Owner "), whose address is as set forth below, and Metricom Inc., ( "Metricom "), whose address is 980 University Avenue, Los Gatos, CA 95032, the terms and conditions of which are incorporated herein by reference. Such Site Agreement provides, in part, that Owner, for valuable consideration, leases to Metricom a part of that certain property owned by Owner which is described in Exhibits "A" and `B" attached hereto an incorporated herein for Five (5) years commencing on , 2000, which term is subject to Three (3) additional Five (5) year option terms. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. OWNER VILLAG corpo By: ONT, an Illinois municipal Print Name: Richard A. Rwasneski Its: Village President Federal ID No.: 36-6005968 METRICOM Metrico Delaware corporation Address of METRICOM: By: Metricom Inc., a Delaware corporation Attn: Network Real Estate Print Name: D I C K L. A U 980 University Avenue V I C E F R E S I D E N T Los Gatos, CA 95032 Its: CORPORATF OPS Address of Owner: 418 Main Street Lemont, Illinois 60439 -3788 Telephone No.: 630 -257 -1550 Facsimile No.: 630 -257 -1598 Approved As To Metricom's Standard Fo f1 STATE OF ILLINOIS COUNTY OF cook Acknowledgements The foregoing instrument was acknowledged before me on this 22nd day of May , 2000, by Richard A. Kwasneski , as President [title] of Village of Lemont [name of entity] on behalf of the Village of Lemont type of entity]. My commission expires. [Se 1] RO3'.Ay YATES NOTARY PUPLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8-12-2000 e /she is personally known to me. Notary Public — of Illinois STATE OF COUNTY OF The foregoing instrument was acknowledged before me on this day of , 2000, by , as [title] of Metricom Inc. He /she is personally known to me. My commission expires. [Seal] Upon Recording Return To: Metricom 980 University Avenue Los Gatos, CA 95032 Notary Public —State of Illinois CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California } } County of Santa Clara} On June 7, 2000, before me, Anthony E. Rodriguez, Notary Public, personally appeared Dick Au , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal 2 t / Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity (ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb Here