15-5 Resolution No. 15-5
RESOLUTION
AUTHORIZING EXECUTION OF A WIRELESS COMMUNICATIONS
SITE AGREEMENT WITH T-MOBILE CENTRAL, LLC FOR CO-LOCATION
OF ADDITIONAL TELECOMMUNICATIONS EQUIPMENT ON A
PORTION OF THE CITY PARK PROPERTY AT 750 SUMMIT STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Wireless Communications Site Agreement with T-Mobile
Central, LLC on behalf of the City of Elgin for co-location of additional telecommunications
equipment on a portion of the city park property at 750 Summit Street, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 14, 2015
Adopted: January 14, 2015
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CITY OF ELGIN
WIRELESS COMMUNICATIONS SITE AGREEMENT
WITH
T-MOBILE CENTRAL LLC
FOR THE USE OF
CITY OF ELGIN 750 Summit Street, Elgin, Illinois 60120
TABLE OF CONTENTS
SPECIAL TERMS AND CONDITIONS
Section I. Premises
Section II. Use/Purpose
Section III. Site Agreement Contents
Section IV. Term
Section V. Rent/Consideration
Section VI. Insurance and Liabilities
Section VII. Termination
Section VIII. Effectuation of Agreement
Section IX. Incorporation of Recitals
GENERAL TERMS AND CONDITIONS
Section I. Definitions
Section II. Specific Agreements
A. Relationship to Site Agreement
B. General Planning, Engineering and Design Considerations
C. Acknowledgment and Acceptance of Risks
D. Payment to Facility Owners
E. Term and Termination
F. Utilities
G. Requirements for Installation
H. Modifications of Equipment
L Performance of Work
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J. Access and Maintenance
K. Rights of Property and Easements
Section III. Company and Contractors Requirements
A. Contracts
B. Approvals
C. Release, Indemnity and Hold Harmless
D. Worker's Compensation, Insurance
E. Permits
F. Compliance with Laws and Requirements
G. Nondiscrimination
H. Sexual Harassment
Section IV. Additional Conditions and Provisions
A. Non-Waiver
B. Assignment; Successors and Assigns
C. Survival
D. Entire Agreement
E. Applicable Law
F. Severability
G. Rights Cumulative
H. Contractual Relationship—No Co-Partnership or Agency
I. Headings
J. Notices
K. Non-Exclusivity
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SPECIAL TERMS AND CONDITIONS
THIS WIRELESS COMMUNICATIONS SITE AGREEMENT is entered into by and
between THE CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the
"City"), and the T-MOBILE CENTRAL, LLC, a Delaware limited liability company,
(hereinafter referred to as "Company").
RECITALS
WHEREAS, the City owns or controls land, buildings and other structures at the property
commonly known as 750 Summit Street, Elgin, Illinois 60120, (collectively the "City Property");
and
WHEREAS,the City has previously entered into a lease for a portion of the City Property
with SprintCom, Inc., a Kansas corporation ("Sprint"), dated May 2002 (the "Sprint Lease"),
wherein Sprint was authorized to erect a cellular communications tower and related equipment
on a portion of the City Property; and
WHEREAS, the City has previously entered into a lease with United States Cellular
Operating Company of Chicago, LLC ("US Cellular") dated October 26, 2006 (the "US Cellular
Lease") wherein US Cellular was authorized to co-locate additional telecommunications
equipment on a portion of the City Property; and
WHEREAS, the City has previously entered into a lease for a portion of the City Property
with New Cingular Wireless PCS, LLC, a Delaware limited liability company ("New Cingular
Wireless") dated July 9, 2014 (the "New Cingular Wireless Lease"), wherein New Cingular
Wireless was authorized to co-locate additional telecommunications equipment on a portion of
the City Property; and
WHEREAS, prior to the Agreement Commencement Date (as defined below) City and
Company acknowledge that the Company has entered into an assignment and assumption
agreement of the US Cellular Lease whereby the Company has become the tenant under the US
Cellular Lease and the Company will continue to operate its facilities pursuant to the terms and
conditions set forth in such US Cellular Lease; and
WHEREAS, City acknowledges however that Section VI of the Special Terms and
Conditions and Section III D. of the General Terms and Conditions of the US Cellular Lease
related to insurance requirements will, without need of further amendment, automatically be
superseded and replaced in their entirety with Section VI of the Special Terms and Conditions
and Section III D. of the General Terms and Conditions as agreed to herein; which provisions
shall become effective as of the effective date of such assignment and shall continue in full force
and effect until the expiration or earlier termination of this Site Agreement (as defined below);
and
WHEREAS, the Company desires to obtain permission to use certain portions of the City
Property descripted and depicted below following the expiration of the term of the US Cellular
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Lease on August 31, 2016 for the co-location and installation and operation thereon of wireless
communications Equipment(as defined in the General Terms and Conditions); and
WHEREAS, Crown Castle International ("Crown Castle") is a successor-in-interest to
Sprint with respect to the ownership of the cellular communication tower on the City Property;
and
WHEREAS, Crown Castle has authorized the Company to co-locate certain
telecommunications equipment on the tower on the City Property pursuant to a certain site
license acknowledgment between the Company and Crown Castle (the "SLA").
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by City and Company, it is mutually agreed as follows:
I. PREMISES
Subject to the terms and conditions set forth herein, the City hereby grants to the Company the
right to attach or erect Equipment on the portion of the City Property consisting of the area
containing approximately 358.20 square feet legally described and depicted on the following
attached exhibits; Exhibit A and specifically the portion thereof entitled "Legal Description for
Proposed Lease Area": the plat of survey prepared by WT Land Surveying, Inc. dated April
2005, Sheet LS-1, attached hereto as Exhibit B; and the overall site plan, Compound Plan and
site elevation and antenna plan view attached hereto as Group Exhibit C. Such portion of the
City Property of approximately 358.20 square feet with dimensions of approximately 18' x 20'
and the Equipment thereon shall be referred to in this Agreement as the "Premises". This
Agreement is not exclusive, except as to such Premises, and does not preclude the City from
granting a similar lease, right, license, franchise, etc. of the City Property or as to the tower on
the City Property, to other carriers or other persons for telecommunications or for any other
purpose provided doing so does not violate the terms and conditions set forth herein. Without
limiting the foregoing, this Agreement is also subject to the existing Sprint Lease, the New
Cingular Wireless Lease, the SLA, and any rights of any successor entities thereto including, but
not limited to, Crown Castle. Notwithstanding anything to the contrary contained herein, this
Agreement and the Company's use of the Premises are subject to the terms and conditions of the
SLA and the Company shall comply with all of the terms of the SLA.
The right to use the Premises shall include reasonable nonexclusive access and nonexclusive
utility rights as set forth herein.
II. USE/PURPOSE
The Premises may be used only for the following use and purpose: the installation, operation,
maintenance, repair, upgrade, replacement and removal of wireless communication transmission,
amplification and receiving equipment under FCC License for wireless telecommunication
services.
III. SITE AGREEMENT CONTENTS
This Site Agreement ("Agreement" or "Site Agreement") consists of these Special Terms and
Conditions as well as the General Terms and Conditions and all Exhibits and Addenda hereto
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attached. In the event of a conflict between the terms of the Special Terms and Conditions with
the General Terms and Conditions, the Special Terms and Conditions shall prevail. This
Agreement is intended to be the legally operative document between the City and the Company
for the use of the Premises for the purpose stated herein and may not be modified except by
written agreement of the parties. This Agreement supersedes all other understandings or
agreements, written or oral,between the parties relating to the subject matter of this Agreement.
IV. TERM
This Agreement shall be effective upon full execution hereof, but the term of this Agreement
begins September 1, 2016 ("Agreement Commencement Date") and expires at 11:59 PM on the
5th anniversary of the Agreement Commencement Date ("Agreement Termination Date") unless
it is terminated earlier pursuant to the provisions hereof. At its option, the Company may renew
the Agreement for up to four (4), additional and successive five (5)-year periods (each a
"Renewal Term") provided all terms of this Agreement are met. This Agreement shall
automatically renew for each successor Renewal Term unless the Company notifies the City in
writing of the Company's intention not to renew this Agreement at least sixty (60) days prior to
the expiration of the initial term or any Renewal Term, as applicable.
In the event of the inability of the City to deliver possession of the Premises, or any portion
thereof, at the time of the commencement of the term of this Agreement, neither the City nor any
of its officers, employees or agents shall be liable for any damage caused thereby, nor shall this
Agreement thereby become void or voidable nor shall the term herein specified be in any way
extended, but in such event, the Company shall not be liable for any rent until such time as the
City can deliver possession. In addition, if such inability continues for more than thirty(30)days,
the Company shall have the right without penalty or fee to terminate this Agreement upon notice
to City.
V. RENT/CONSIDERATION
A. Amount of Initial Rent. Commencing on the first day of the first month of the term of this
Agreement, the Company shall pay to the City on or before the first day of each calendar month
in advance Two Thousand and 00/100 Dollars ($2,000) (the "Rent"), at the address set forth
herein for the City.
B. In year two of the initial term, and each year thereafter, including through any Renewal
Terms, the monthly Rent will increase by four percent (4%) over the Rent paid during the
previous year.
C. Form and Timing of Payment. Rent shall be paid in advance, on or before the first day of each
month.
VI. INSURANCE AND LIABILITIES
The Company, at no expense to the City, shall secure and maintain during the full term of this
Agreement, one or more policies of commercial general liability insurance that cover claims and
risks in connection with the Company's occupation of, or activities upon, the Premises, under
which policies the aggregate amounts of coverage shall be provided per the attached General
Terms and Conditions. Certificates of Insurance of the Company's maintenance of insurance as
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required by this Agreement shall be submitted to the City Manager, or designee, prior to the
initial occupancy of any portion of the Premises, and thereafter, within a reasonable time after
the Company's receipt of a request for such evidence, which time, in no event, shall exceed five
(5)City business days.
Notwithstanding any provision herein to the contrary, the failure of the Company to comply with
the requirements of this Agreement regarding insurance shall subject this Agreement to
termination consistent with the notice provisions of the General Terms and Conditions of this
Agreement.
VII. TERMINATION
This Agreement may be terminated by either party subject to the notice and process provisions
specified in the General Terms and Conditions.
VIII. EFFECTUATION OF AGREEMENT
In order to be effective,this Agreement must be (1) signed by an authorized representative of the
Company and returned to the City Manager at the address set forth below, accompanied by any
required policy of insurance, and (2) signed by the City Manager.
IX. INCORPORATION OF RECITALS.
The Recitals set forth above are by this reference incorporated into this Agreement as if fully set
forth in the body hereof.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures below:
CITY OF ELGIN T-Mobile Central, LLC
By: �!i/1 By:
Se n R. Stegall, City Man r [NAME, TITLE]
Attes : Witness:
j'
Kimberly Dewis, y Clerk
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DATED: April 1, 2015.
For Notice Purposes:
City of Elgin T-Mobile USA, INC
150 Dexter Court 12920 S.E. 38th street
Elgin, Illinois 60120 Bellevue, WA 98006
Attn: City Manager Attn: Lease Compliance
Re: Site No. CH37926
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GENERAL TERMS AND CONDITIONS
I. DEFINITIONS
Whenever used in this Agreement with initial letters capitalized, the following terms shall have
the following specified meanings, unless the context clearly requires a different meaning:
City Manager. The City of Elgin's chief administrative official responsible for operating and
managing a Facility or Facilities and holding the legal right to grant permission to occupy, use or
modify Facilities or Premises subject to the approval of the Elgin City Council.
Company. A limited liability company or other successor legal entity licensed to conduct
business within the State of Illinois, providing commercial mobile services, unlicensed wireless
services, or common carrier wireless exchange access services, or other wireless
telecommunications services for the purposes of connecting to the public switch telephone
network or to the Internet authorized by the Federal Communications Commission.
Equipment. Company's equipment located on or within the Premises as well as cables, wires,
and all communication attachments, appliances, and other structures owned and operated by the
Company or for the benefit of the Company on or within the Premises, including utility facilities
that serve the Company's Equipment.
Facility or Facilities. A structure, including but not limited to, as the case may be, buildings,
utility poles, and transmission, communication and water towers.
Facility Manager. The person designated by the City Manager to manage the Facility, including
granting access, determining and approving its use and terms and conditions for such use.
Hazardous Substance. Any hazardous, toxic, or dangerous waste, substance or material,
including petroleum products, or any contaminant, pollutant or chemical defined or identified in
any environmental regulation as posing a potential risk to human health or the environment.
Indirect Costs. Overhead associated with the services provided by the City on behalf of the
Company, included in the billing rate, which covers supervision, administration, accounting
services, etc.
Premises. The real property, described with a legal description in the Site Agreement, and/or any
Facilities contained therein. The Premises shall include reasonable access and utility rights on a
non-exclusive basis as depicted in the exhibits hereto.
Secured Facility. A Facility designated in the Site Agreement, or subsequently designated by
written notice from the City during the term of this Agreement, where access is limited as a
matter of public safety or legal restriction, which requires that special access conditions be
established and enforced.
Senior Priority Rights. Rights bestowed based on date authorized to attach Equipment to a
Facility, such that parties without such senior priority shall have the burden to correct any
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interference caused by their installation to those with senior priority rights, provided the
Equipment of the holder of the senior priority right is operating within the governing technical
specifications.
Work. Collectively, the installation, construction, maintenance, repair, modification, relocation
and/or removal of Equipment and other work performed in connection with this Agreement on,
in,to, across or from a Facility or Premises.
II. SPECIFIC AGREEMENTS
A. RELATIONSHIP TO SITE AGREEMENT. These General Terms and Conditions, with
amendments as agreed to by the parties, are an attachment to and a part of Site Agreement.
The Special Terms and Conditions contain requirements and agreements particular to the use of
the Premises and shall specify at a minimum the following, including contact names and
addresses where appropriate:
• Company and Project Manager
• Site map and drawings specifying Equipment locations and installation details, including
Technical Data Sheets
• Facilities to be used; Facility Owners; and the Facility Manager(s)
• Project schedule for installations
• Changes or addenda to the General Terms and Conditions of this Agreement
• Bond requirements for installation instructions
• Identification of other telecommunication services with Senior Priority Rights or
approved for coincident installation
B. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS
1. Co-location with Other Telecommunications Service Providers. The Company acknowledges
that the use of City properties and Facilities is explicitly authorized under a policy to encourage
co-location of equipment of multiple providers. The Company agrees to coordinate the
installation of its Equipment with other telecommunications providers seeking installation. The
Company shall not be granted Senior Priority Rights with respect to other telecommunication
providers identified in the Site Agreement as previous or concurrent attachers. The Company
shall be granted Senior Priority Rights with respect to other telecommunications providers who
are approved for installation after the execution of this Site Agreement. The Company shall
operate its wireless communications facilities and services in a manner that will not cause
substantial interference to the Facility or to any other third party with Senior Priority Rights to
the Company. Similarly, City shall not allow a third party to utilize the Property in a manner that
causes substantial interference to the Facility or to the Company's operation of its approved
Equipment if the Company has Senior Priority Rights to the interfering third party.
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2. Preparation of Detailed Engineering Design. The Company shall prepare engineering plans
and specifications in consultation with and for the approval of the Facility Owner(s) to complete
design engineering for use of Facilities. The Facility Owner will make a good faith effort to
review and approve, deny, or request revisions to the plans and specifications in a timely manner.
3. Installation of Equipment. The Company shall be responsible to ensure compliance with all
requirements of the Facility Manager regarding installation of Equipment.
4. Complete Acceptance. The City shall accept installation of the Company Equipment by
issuing a letter to the Company stating that the Work has been completed in accordance with
approved specifications and that all punch-list items have been resolved to the satisfaction of the
Company and Facility Manager. Such acceptance shall authorize initiation of services from the
Premises.
5. Notwithstanding the items 2-4 immediately above, the City acknowledges that as of the
Commencement Date, the Company's Equipment is already approved as installed under the US
Cellular Lease. The City hereby expressly consents to and approves of such Equipment as
installed and operated as of the Commencement Date without any further City review or
approval requirements.
6. Establish Maintenance Plan. The Company shall develop a maintenance plan agreement for
the Equipment such that there are no hazards relating to the equipment and the equipment is in
compliance with all applicable legal requirements.
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS
1. Location on City Premises. In choosing to locate Equipment on City Premises, the Company
acknowledges and accepts all risks, including but not limited to:
• Possibility of fires that may damage the Equipment
• Risks associated with having Equipment co-located with such Facilities and the
Equipment of other telecommunications providers (subject to the applicable terms and
conditions set forth herein)
• Ground movement
• Loss of line of sight path, including where caused by City action, provided the City will
use good faith commercially reasonable efforts to avoid the construction by the City of
additional improvements on the City Property which results in such loss of line of sight
path.
• City change in the use of the Premises
The Company explicitly acknowledges that these risks include bearing all costs associated with
such risks, except such costs caused by the gross negligence or willful misconduct of the City,
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including but not limited to provision of alternate communication paths, loss of Company
business and restoration of its Equipment and/or systems if they are damaged.
The Company may terminate the Agreement pursuant to Section II.E.6. of this Agreement if any
of the risks listed in this clause occur, cause material interference to the Company's operations
on the Premises and the Company's operations cannot be restored to their prior condition within
sixty (60) days of the occurrence. The Company will not be liable for any Rent during the time
the Facility is rendered unusable, except when caused by action of the Company or failure of the
Company to perform its obligations under this Agreement.
2. Damage or Destruction. In the event that the Premises and/or Facilities (a) are damaged by
fire, earthquake, act of war, or other extraordinary casualty to such an extent as to render them
unusable in whole or in substantial part; or (b) are otherwise destroyed, the City shall not be
obligated to rebuild the Premises and/or Facilities or to compensate the Company for any loss of
income under this Agreement. The City shall not be obligated to restore the functionality of the
Premises and/or Facilities in the event of loss, damage, or destruction. The decision of the City to
restore the Facility shall be based on City need for the Facility. The Company will not be liable
for any loss, damage, or destruction of the Premises and/or Facilities, except loss, damage, or
destruction caused by action of the Company, or failure of the Company to perform its
obligations under this Agreement. The Company's Rent will proportionately abate during the
time the Facility is impacted so as to materially adversely affect the Company's provision of
services therefrom, except when caused by action of the Company or failure of the Company to
perform its obligations under this Agreement. The Company may terminate the Agreement
pursuant to Section II.E.6. of this Agreement if the Company's operations are materially
interfered with due to the occurrence of (a) or (b) of this subparagraph and the Company's
operations cannot be restored to their prior condition within sixty(60) days of the occurrence.
3. Acceptance of Premises and Facilities. The Premises and Facilities have been inspected by
both parties and are accepted by Company in their existing condition as of the commencement
date of this Agreement without reservation except for latent defects or faulty construction of the
Premises and Facilities not discoverable by inspection at the time of taking possession.
D. PAYMENT TO FACILITY OWNERS
1. Facility Use Payment. Rental fees and the commencement date for the fees are stated in the
Special Terms and Conditions of the Site Agreement.
2. Taxes. Company agrees to pay all current and future taxes, including but not limited to any
real estate taxes or lease hold taxes, which are applicable to Company's uses under this
Agreement. For any tax amount for which Company is responsible under this Agreement,
Company shall have the right to contest, in good faith, the validity or the amount thereof using
such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and
may pay same under protest, or take such other lawful steps as Company may deem appropriate.
The expense of any such proceeding shall be borne by the Company, and any refunds or rebates
secured as a result of Company's action shall belong to the Company, to the extent the amounts
were originally paid by the Company.
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3. Reimbursement. Company shall reimburse City within thirty (30) days after receipt of invoice
and reasonable supporting documentation for all amounts paid and costs reasonably incurred by
City at Company's expense:
a. For Performance of Work. The Company shall reimburse City for all costs reasonably
and directly incurred by the Facility Manager in the performance of Work necessary for
the installation and operation of the Equipment provided such costs are consistent with
then current market rates and provided reasonable estimates of any such costs anticipated
to be in excess of Three Thousand and 00/100 Dollars ($3,000.00) are presented to
Company prior to the performance of such Work for Company's reasonable approval. In
the event Company rejects such estimates, City will not be required to perform such
Work on Company's behalf. Examples of Work for which the City will be reimbursed by
the Company include the relocation of City equipment or work in a high-security or high-
risk area, such as on electrical transmission towers.
b. For Relocation. The Company shall reimburse City for all direct and verifiable costs
associated with any relocation of City's Facilities to accommodate the Company's use of
the Facility unless the costs of relocation of any equipment located within or on Facilities
are borne by a third party. In addition to reimbursement for direct costs of labor and
materials incurred for such relocation, City shall be reimbursed by the Company for
Indirect Costs.
c. On-Call Staff. The Company shall reimburse City for all on-call staff required for
access to Secured Facilities at the City's then current rate provided it is commercially
reasonable.
d. Utilities and Other Services. Unless otherwise provided in the Special Terms and
Conditions of this Agreement, the Company shall provide, or shall otherwise pay, before
delinquency, its pro-rata share of costs for providing services on or to the Premises
including, where applicable, but not limited to elevator service, electricity, gas, water,
telephone, sewer, garbage, solid waste, heating, janitorial, security, tree trimming, and
grounds maintenance, and shall also pay all charges for utilities provided exclusively for
the Company's requirements and for utility installations and modifications thereto
occasioned by the Company's requirements. The Company shall not be entitled to an
offset, reduction or return of rental as the result of any interruption or failure of said
services. The City agrees to provide permission as the property owner to allow the
servicing utility provider to correct any failure or any interruption of service.
4. Payment. All amounts due to the City under this Agreement shall be paid by the Company
within thirty (30) days of the date of the invoice from the City. The City may elect to assess an
interest fee of 0.033% for each day payment is late, and may consider the Company in default if
any amount is not paid to the City within ten (10) days of the Company's receipt of written
notice thereof from the City.
5. Rental Income. The Company and the City shall equally divide any rental income from the
rental of facilities constructed by the Company on the Premises to any other entity.
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E. TERM AND TERMINATION
1. Expiration of the Agreement. This Agreement shall expire in accordance with the term,
including any option periods, established in the Special Terms and Conditions of this Agreement.
2. Default. With notice as set forth below, and without recourse by the Company, the City may
terminate this Agreement if any of the following occurs:
a. The Company, after notification that its operations are interfering with the operations
of the City at the Facility, fails to cure the operational interference within thirty(30) days.
b. The Company enters restricted areas of the Premises without proper notification to the
City and/or without the required City observer present after one (1) written warning to
cease such entry.
c. The Company fails to pay rent or reimburse the City for expenses as required by the
General Terms and Conditions.
d. The Company fails to maintain the required insurance coverages.
e. The Company fails to perform required Work within the time specified, or any
authorized extension thereof.
f. The Company fails to satisfactorily perform Work in conformance with the Agreement
and/or to the satisfaction of the Facility Manager.
In the event the City intends to terminate this Agreement for any of reasons (a) - (f) above, the
City shall provide a written notice to cure, identifying the nature of the alleged basis for
termination with reasonable specificity, and advising the Company of the City's intent to
terminate the Agreement.
All further actions shall conform to the following procedures:
The Company shall,within five (5)business days after receipt of such notice if the breach
is a failure to pay rent, entrance into restricted areas without authorization, or failure to
maintain required insurance, otherwise, within thirty (30) days after receipt of such notice
or such longer period of time as the City may specify in such notice, either cure such
alleged failure or, in a written response to the City, present facts and arguments in
refutation or excuse of such alleged failure or state that such alleged failure will be cured
and set forth the method and time schedule for accomplishing such cure.
The City shall reasonably determine (a) whether a failure to comply with a material
provision has occurred; (b)whether such failure is excusable; (c)whether such failure has
been cured or will be cured by the Company; and (d) whether any proposed cure is
reasonable. The Company shall make available to the City, if requested, any records,
documents or other information the City deems necessary to make the determination.
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If the City reasonably determines that a failure to comply with a material provision has
occurred and that such failure is not excusable and has not been or will not be cured by
the Company in a manner and in accordance with a schedule reasonably satisfactory to
the City,the City may terminate the Agreement.
The City shall not be in default under this Agreement unless the City fails to perform its material
obligations required by the City within thirty (30) days after written notice by Company to the
City; provided, however, that if the nature of the City's obligations is such that more than thirty
(30)days are required for performance, then the City shall not be in default if the City commence
performance within such thirty (30) day period and thereafter diligently prosecutes the same to
completion. If a City default of a material term or provision of this Agreement cannot be cured
within the same time periods provided for in this paragraph, Company shall as its sole and
exclusive remedies have the right to either (1) terminate this Agreement; or (2) specifically
enforce the terms of this Agreement. Notwithstanding the foregoing however, in the event the
City's breach hereunder materially and adversely affects the Company's ability to operate its
Equipment and provide services therefrom, the Company may seek equitable remedies prior to
the expiration of such thirty(30) day cure period.
3. Removal of Equipment. Upon termination of the Agreement due to expiration or default, the
Company shall promptly remove all Equipment from the Facilities and surrender the Premises. If
the Company shall fail to promptly remove the Equipment upon expiration of the term of the
Agreement, City may, after sixty (60) days' advance notice to Company of its intent to do so,
remove and dispose of the Equipment at Company's expense. Company shall receive credit for
unused portions of the Facility rent, less any City cost to remove and dispose of Equipment, if
the termination is effective before the end of the billing period.
4. Termination Due to City Re-Use of Premises. The City may terminate the Agreement to
accommodate the City's need to utilize the Premises in a manner inconsistent with the continued
use of the Facility by the Company, or to relocate, replace or remove the existing Equipment,
consistent with a capital project approved by the Elgin City Council. The City shall review
proposals from the Company for a mutually acceptable location on the City Property or a nearby
site under control of the City, to which the Company may relocate its Equipment at its own
expense. The City shall give notice to the Company under this provision with a 180-day period
to remove the Equipment from the Premises from the date that notice of the intent to terminate
was given unless due to a public safety emergency, wherein the Company shall comply within
such shorter time as specified by the City if necessary to address the public safety emergency.
5. Restoration of Sites. Where this Agreement is for the use of unimproved Premises, the
Company shall restore, at its own expense, the Premises to its previous state when directed to do
so by the City, including the removal of any structures and Equipment and the restoration of
comparable landscape features. At its option, the Company may offer to sell part or all of its
structures or Equipment to the City. At its sole discretion, the City may choose to accept or reject
the offer.
6. Termination Due to Damage, Destruction or Material Interference. The Company may
terminate the Agreement upon the occurrence of the conditions detailed in Section II.C.1. or
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Section II.C.2., by giving sixty (60) days' notice to the City as required under Section IV. J.
Notices.
F. UTILITIES
The Company shall provide, or otherwise pay, before delinquency, all charges for utilities
provided for the Company's requirements and for utility installations and modifications thereto
occasioned by the Company's requirements. The Company shall not be entitled to an offset,
reduction or return of Rent as a result of any utility costs or result of any interruption or failure of
utility services except when caused by the City or its agents.
G. REQUIREMENTS FOR INSTALLATION
1. Installations on the Tower are to be made only as approved by Crown Castle in accordance
with the SLA and in conformance with applicable governmental approvals. Attachments and
Equipment to Company's ground based equipment shall be in conformance with the US Cellular
Lease until its expiration and thereafter, with this Agreement.
2. Installation of Equipment shall be in accordance with requirements of the City's Building
Code, Mechanical Code, Electrical Code and all other applicable codes as now in force and as
revised or changed in the future.
3. Installation of Equipment made by Company to the Facilities and the Premises under this
Agreement shall not interfere with the equipment of the City on the City Property. Moving,
rearranging, or adjustment of Facilities to provide space to accommodate the Equipment shall be
done at the expense of Company.
4. In the event radio interference occurs, all users of the site are required to participate in solving
the problem by providing technical personnel and equipment to locate the source of the specific
problem.
5. Upon prior notice to Company, the City hereby reserves a right of access to inspect the areas
occupied by the Company provided the City shall not disturb, modify or have contact with
Company's Equipment in any way.
H. MODIFICATIONS OF EQUIPMENT
Company has the right to maintain, repair, modify, replace, upgrade, enhance and remove the
Equipment or relocate the Equipment within the Premises at any time during the term of this
Agreement. Without limiting the foregoing, Company will be allowed to make such alterations
to the Equipment in order to ensure that the Company's communications facilities complies with
all applicable federal, state or local laws, rules or regulations. Any Equipment modifications on
the Facility shall be performed in accordance with the requirements of this Agreement and the
SLA.
All provisions in this Section are expressly subject to any and all conditions as otherwise
required under the Special Terms and Conditions of this Agreement.
16
I. PERFORMANCE OF WORK
1. Company shall perform the Work in a workmanlike and skillful manner and comply in full
with applicable provisions of the Elgin Municipal Code. Company shall ensure that the Work
and the Equipment are in all respects (a) safe, (b) free from all faults and defects in
workmanship, material, and design, and (c) in conformance with the requirements of this
Agreement.
2. Company shall promptly and satisfactorily correct or replace any work or Equipment found to
be defective or not in conformity with the requirements of this Agreement. If Company fails or
refuses to perform any Work required by this Agreement or to make any such corrections or
replacements, City may perform such Work and make such corrections and replacements at
Company's expense.
3. Company shall, at all times, keep its work areas cleared of rubbish, refuse and other debris and
in a neat, clean and safe condition. Upon completion of any portion of any of the Work,
Company shall promptly remove all rubbish, refuse and other debris and all of its construction
equipment and surplus materials. If Company fails to do so, City may perform such work at
Company's expense.
J.ACCESS AND MAINTENANCE
1. Maintenance. Company shall maintain all Equipment in good and safe condition and state of
repair.
2. Permission to Enter. The parties acknowledge that the Premises and the Facilities thereon are
within a public park site owned by the City. The Company, its authorized employees, agents and
contractors shall have permission to access the Premises and the Facilities at all times as long as
the Company does not interfere with other uses being conducted on the remainder of the City
park site.
3. Project Control. City staff shall be authorized to stop Work that is being conducted by the
Company and its contractors if, after discussions with the Company if reasonably feasible, City
staff determine that the Work in question would or could potentially cause hazards to workers or
interference with the City Facilities, or facilities of other users on-site.
4. Priority Restoration. Restoration of City services shall be given the highest priority in the
event that any of these services and the Company's telecommunication services are interrupted at
the same time, unless otherwise agreed to by the City and the Company at the time of restoration.
5. Hazardous Substances. The Company understands and agrees that flammable or Hazardous
Substances, including but not limited to explosives, petroleum products, paint, solvents, and
resins, are not allowed on the Premises without the express written permission of the Facility
Manager. In the event written permission to store the preceding substances is granted by the
Facility Manager,the Company agrees to dispose such substances in a legal manner.
Prior approval may be obtained for Hazardous Substances used during construction through the
construction approval process. Prior approval is hereby granted following written notice thereof
17
from the Company for the use of petroleum products for emergency generation of electrical
power during periods of outage. Prior approval is also hereby granted for use of emergency
backup battery acid contained within the Company's emergency backup batteries located within
the Premises.
Prior to initiating any other process requiring the use or storage of, or generating, on or adjacent
to the Premises, Hazardous Substances, the Company covenants and agrees to obtain the Facility
Manager's prior approval.
The City may consider approving the specific use, but only after the Company demonstrates to
the reasonable satisfaction of the City that Company has all necessary permits, if any, for
operation and a Hazardous Substances emergency response plan.
Company agrees to reasonably cooperate in any environmental audits conducted by the City's
staff or independent third parties specifically related to the Company's use or storage of
Hazardous Substances. Company agrees to reimburse the City for the reasonable cost of such
audits. Company agrees to provide the City with notice of every governmental inspection of the
Premises, notice of violation, and order to clean up contamination, within five (5) business days
after receipt thereof by the Company. Company agrees to permit the City to participate in all
settlement or abatement discussions. In the event Company fails to take remedial measures, as
required by any final administrative or judicial order to decrees signed by a state, federal, or local
regulatory agency within ninety(90) days of such order or decree, the City may elect to perform
such work, and Company covenants and agrees to reimburse the City for all direct costs and
Indirect Costs associated with the City's work.
Company hereby agrees to release, defend and indemnify the City and hold the City harmless for
any suits, claims, damages, strict liabilities, and costs or liabilities associated with the removal or
remediation of any Hazardous Substance (including petroleum and gasoline products) that are
released onto or from the Premises by the Company or its agents or contractors during the term
of the Agreement, including but not limited to those that may have migrated to or from the
Premises, due to the actions of the Company. "Cost" shall include, but not be limited to, all
response or remediation costs, disposal fees, investigation costs, monitoring costs, civil or
criminal penalties, reasonable attorney fees, and other litigation costs incurred in connection with
such removal or remediation.
K. RIGHTS OF PROPERTY AND EASEMENTS
Nothing in the Site Agreement, including the Special and General Terms and Conditions,
Exhibits and/or Addenda shall be construed to convey to the Company any property rights in
Facilities or Premises. Nothing in the Site Agreement, including the Special and General Terms
and Conditions, Exhibits and/or Addenda shall be construed to compel a Facility Owner or the
City to maintain any of its Facilities for a period longer than is necessary for its own service
requirements. For the purposes of clarification, the obligations of Crown Castle to maintain its
Equipment and tower on the City property are governed by the SLA and not this Agreement.
This Agreement shall not be construed as requiring the City to obtain any separate easement for
the benefit of the Company. The City does hereby grant to the Company nonexclusive
easements for access and utilities to, from, and across the City Property as depicted on the
18
exhibits hereto. All Equipment purchased and installed by the Company shall remain the
property of the Company, unless otherwise agreed to by the Parties in an amendment hereto.
III. COMPANY AND CONTRACTORS REQUIREMENTS
A. CONTRACTS
The Company is responsible for ensuring that the applicable terms and conditions of the Site
Agreement, General Terms and Conditions, Exhibits and Addenda are included in agreements
with contractors. The Company shall be held liable for any negligence caused by its contractors'
performance or failure to perform the work under the Site Agreement or any contracts with the
Company.
B.APPROVALS
1. All contractors hired by the Company to work within or on the Premises shall be subject to
approval by Facility Manager which approval shall not be unreasonably withheld or delayed. In
all agreements with contractors, the Company may require such contractors to attend a pre-
construction meeting with the appropriate authority to review installation requirements and Work
restrictions prior to any Work being performed in or on the Premises. The contractor's
agreement shall state that the City has authority to stop Work as specified in Section II.J. of this
Agreement and may require that inadequate Work be corrected after discussion with Company
representatives.
2. Where identified in the Site Agreement, certain Facilities require, due to the nature of the
facility, that all Work be completed by the City at Company expense pursuant to the
reimbursement provisions of Section ILD.4.
C. RELEASE, INDEMNITY AND HOLD HARMLESS
1. Company releases and shall defend, indemnify and hold harmless City, its successors and
assigns, and the respective directors, officers, employees and agents of City and its successors
and assigns (collectively referred to as the "Indemnitees") from any and all claims, losses, costs,
liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees)
arising out of or in connection with the Equipment or the installation of any Equipment to any
structure, the performance of any Work, the operation of any Equipment, or the Company's
system, or the acts or omissions of Company or any of its suppliers or contractors of any tier, the
respective successors and assigns of Company, or anyone acting on Company's behalf in
connection with said installation of Equipment, performance of Work, operation of Equipment
or Company's system, except to the extent attributable to the negligent or intentional act or
omission of the City, its employees, agents or independent contractors.
2. Such indemnity, protection and hold harmless shall include any demand, claim, suit or
judgment for damages to property or injury to or death of persons, including officers, agents, and
employees of either party hereto including payment made under or in connection with any
Worker's Compensation Law or under any plan for employees' disability and death benefits,
which may arise out of or be caused or contributed to by the erection, maintenance, presence, use
or removal of Company's Equipment or installations of Equipment including any claims or
demands of customers of the Company with respect thereto, except to the extent attributable to
19
the negligent or intentional act or omission of the City, its employees, agents or independent
contractors.
3. City shall not be liable to the Company or to the Company's customers, and the Company
hereby indemnifies, protects and saves harmless City against any and all such claims or
demands, suit or judgment for loss, liability, damages and expense by the Company's customers,
or for any interruption to the service of the Company, or for interference with the operation of
the Equipment.
4. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold
harmless provisions shall apply to and for the benefit of the Indemnitees.
5. City is willing to permit installations of the Equipment to the Facilities for the fees described
in II.E. of this Agreement only in consideration of and in reliance upon such release, indemnity
and hold harmless.
D. WORKER'S COMPENSATION, INSURANCE
1. Company shall ensure that, with respect to all persons performing the Work, Company or its
suppliers or contractors maintain in effect at all times during the term of this Agreement
coverage or insurance in accordance with the applicable laws relating to worker's compensation
and employer's liability(including, but not limited to, laws of the state in which any such person
was hired), regardless of whether such coverage or insurance is mandatory or merely elective
under the law. Company shall furnish to the Facility Manager such assurance and evidence of
such coverage or insurance as outlined in this Section the City may request.
2. Company shall obtain, and maintain continuously for the term of this Agreement, at its own
expense, occurrence form Commercial General Liability insurance (with endorsements) and/or
other insurance with coverage for the activities and services of this Agreement. Minimum limit
of coverage shall be $1,000,000 each occurrence and $2,000,000 in the aggregate. Company
shall also obtain, and maintain continuously for the term of this Agreement, at its own expense,
business automobile liability coverage for owned, non-owned and hired vehicles. Minimum limit
coverage for bodily injury and property damage shall be $1,000,000 per person and $1,000,000
per occurrence. The insurance carrier issuing the policy must have an A.M. Best rating of at least
A-:VII and be legally admitted and licensed to do business in the State of Illinois.
3. Such insurance shall be endorsed to include the City of Elgin, its directors, officers,
employees, agents and joint users as additional insured, and shall not be reduced below the limits
required hereon or canceled without thirty(30)days' prior written notice to the City.
4. Such insurance shall include a "cross liability," "severability of interests," or "separation of
insureds" clause indicating essentially that "except with respect to the limits of insurance, and
any rights or duties specifically assigned in this coverage part to the first named insured, this
insurance applies as if each named insured were the only named insured, and separately to each
insured against whom the claim is made or suit is brought."
20
5. Prior to commencement of performance of any of the Work, Company shall provide the
Facility Manager with a duplicate (photocopy or facsimile acceptable) of the required certificates
of insurance as evidence of coverage.
6. Company shall promptly advise the City of all claims relating to damage to property or injury
to or death of persons arising or alleged to have arisen in any manner by, or directly or indirectly
associated with, the erection, maintenance, presence, use or removal of Company's Equipment
following the Company's notice thereof. Copies of all accident or other reports made to any
insurer by Company shall be furnished to the Facility Manager.
7. Company shall also furnish the City with such additional assurance and evidence of such
insurance in the form of certificates of insurance as the City may from time-to-time reasonably
request. Within thirty (30) days after any notice of termination, cancellation, expiration or
alteration below the requirements set forth herein in any policy of insurance required under this
Agreement, Company shall deliver to the Facility Manager a Certificate of Insurance with its
endorsements naming the City as an additional insured.
8. Company shall ensure that any required policy of insurance that Company or any of its
suppliers or contractors of any tier carry as insurance against property damage or against liability
for personal injury (including death) shall include a provision therein providing a waiver of the
insurer's right to subrogation against the Indemnitees. To the extent permitted by its insurance
policies, the City hereby waives all rights of subrogation against the Company, its successors and
assigns, and the respective directors, officers, employees and agents of Company and its
successor and assigns.
9. The requirements of this Agreement as to insurance are not intended to and shall not in any
manner limit or qualify the liabilities and obligations of or assumed by Company under this
Agreement.
E.PERMITS
Company shall obtain and comply (and shall ensure that the Equipment, the Work, and all of
Company's suppliers and contractors of any tier comply) with all applicable permits including
authorizations as required under the City's Zoning Ordinance (Elgin Municipal Code, Chapter
19) if applicable, licenses, franchises, rights-of-way, easements, and other rights required to
perform the Work and operate the Equipment and the Company's system in accordance with this
Agreement. Company shall furnish to the Facility Manager such evidence thereof (such as
certified copies of permits, licenses, franchises, rights-of-way, and easements) as City may
request.
F. COMPLIANCE WITH LAWS AND REQUIREMENTS
In the performance of the Work under this Agreement, and the continued use of the Company's
Equipment on City Premises, the Company shall comply (and shall ensure that the Equipment,
the Work, and all of Company's suppliers and contractors of any tier comply)with all applicable:
1. Laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or
hereafter in effect, of any governmental authority;
21
2. Industry standards and codes; and
3. City construction guidelines, specifications, rules, and regulations which apply to Company's
Work and will be provided by City to Company on request.
4. Federal requirements regarding radio-frequency emissions and interference with other
electronic or telecommunications equipment.
5. Senior priority rights held by other telecommunications entities to be protected from
interference.
6. The SLA.
7. Company shall furnish such documents as may be required to effect or evidence compliance.
All laws, regulations, and orders required to be incorporated in agreements of this character are
incorporated herein by this reference.
G. NONDISCRIMINATION
During the performance of Work, the Company, for itself, its assignees and successors in
interest, agrees as follows:
1. In all hiring or employment made possible or resulting from this Agreement, there shall be no
discrimination against any employee or applicant for employment because of sex, age, race,
color, creed, national origin, marital status, or the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement shall
apply to, but not limited to, the following: employment advertising, layoff or termination, rates
of pay or other forms of compensation and selection for training, including apprenticeship.
2. No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on grounds of sex, race,
color, creed, national origin, age except minimum age and retirement provisions, marital status
or the presence of any sensory, mental or physical handicap.
3. Any violation of this provision shall be considered a violation of a material provision of this
Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part,
of the Agreement by the City.
H. SEXUAL HARASSMENT
As a condition of this contract, the Company shall have a written sexual harassment policy that
includes, at a minimum,the following information:
1. The illegality of sexual harassment;
2. The definition of sexual harassment under state law;
3. A description of sexual harassment, utilizing examples;
22
4. The vendor's internal complaint process including penalties;
5. The legal recourse, investigative and complaint process available through the Illinois Human
Rights Commission;
6. Directions on how to contact the department and commission;
7. Protection against retaliation as provided to the Department of Human Rights upon request
(P.A.87-1257).
IV. ADDITIONAL CONDITIONS AND PROVISIONS
A.NON WAIVER
The failure of either party to insist upon or enforce strict performance of any of the provisions of
this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver
or relinquishment to any extent of its right to assert or rely upon any such provisions or rights in
that or any other instance; rather, the same shall be and remain in full force and effect.
B.ASSIGNMENT; SUCCESSORS AND ASSIGNS
Company may assign, transfer, sub-lease or otherwise dispose of any of the rights and/or
privileges granted under this Agreement to a business entity which meets the following criteria:
(i) licensed by the Federal Communications Commission to operate a wireless communications
business; and (ii) (1) is a parent, subsidiary, affiliate or successor of the Company; or(2)controls
or is controlled by or under common control with the Company; or(3) is merged or consolidated
with the Company; or (4) purchases a majority or controlling interest in the ownership or assets
of the Company; (5) purchases substantially all of the assets of the Company; or (6) purchases
substantially all of the assets of the Company in the Metropolitan Trading Area in which the
Premises are located. Upon notification to the City by the Company of such action, together
with a statement by the assignee of such rights and privileges that it will comply with the
conditions of the Site Agreement, the Company shall be relieved of all future performance,
liabilities and obligations under the Agreement. The Company may not otherwise assign transfer,
sub-lease or otherwise dispose of any of the privileges granted under this Agreement without the
written consent of City.
C. SURVIVAL
The obligations imposed on Company and all provisions of this Agreement which may
reasonably be interpreted or construed as surviving the completion, termination or cancellation
of this Agreement, shall survive the completion,termination or cancellation of this Agreement.
D. ENTIRE AGREEMENT
The entire Site Agreement between the City and the Company shall consist of this Site
Agreement, including the Recitals hereto, the Special Terms and Conditions, the General Terms
and Conditions contained herein which shall be affixed to each Site Agreement, and all Exhibits
and/or Addenda issued concurrent with or subsequent to the execution of this Agreement, and
any amendments to same.
23
E. APPLICABLE LAW
This Agreement shall in all respects be interpreted, construed and enforced in accordance with
the laws of the State of Illinois.
F. SEVERABILITY
In the event any section, sentence, clause, or phrase of this Agreement is adjudicated to be
invalid or illegal by a court of last resort and of competent jurisdiction, the remainder of this
Agreement shall be unaffected by such adjudication and all other provisions shall remain in full
force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been
included herein. The parties hereto agree to then negotiate in good faith the replacement section,
sentence, clause, or phrase which is legal and most closely represents the original intent of the
Parties.
G. RIGHTS CUMULATIVE
Except as otherwise provided in this Agreement, the rights and remedies of the parties provided
for under this Agreement are in addition to any other rights and remedies provided by law. The
failure to exercise on any occasion any right shall not operate to forfeit such right on another
occasion and the use of one remedy shall not exclude or waive the right to use another.
H. CONTRACTUAL RELATIONSHIP—NO CO-PARTNERSHIP OR AGENCY
This Agreement does not constitute the Company as the agent or legal representative of a
Facility Owner for any purpose whatsoever. The Company is not granted any express or implied
right or authority to assume or create any obligation or responsibility on behalf of or in the name
of the Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. In no
event shall the City be construed or held to have become in any way or for any purpose a partner,
associate, or joint venture of the Company or any party associated with the Company in the
conduct of the Company's business or otherwise.
I. HEADINGS
The titles of sections are for convenience only and do not define or limit the contents.
J.NOTICES
All notices and other materials to be delivered hereunder, shall be in writing and shall be
delivered or mailed to addresses as identified in the Special Terms and Conditions of this
Agreement.
K.NON-EXCLUSIVITY
This is a non-exclusive arrangement.
L. MODIFICATION OR AMENDMENT
No modification to or amendment of the provisions of this Agreement shall be effective unless in
writing and signed by authorized representatives of the City and the Company. The City and the
Company expressly reserve the right to modify any Agreement, from time to time, by mutual
written agreement.
F:\Legal Dept\Agreement\Lease-750 Summit-TMobile-clean-1-5-15.docx
24
EXHIBIT"A"
Description of Premises
Property Identification No: 06-07-302-041
Property Address: 750 Summit Street,Elgin,Illinois 60120
Legal Description:
F PitenaC0 LEASE ARM
THAT PART Cr THE WEST HALF et THE Set1T11WEST QUMIm or SECTION 7,TOI14SID 41
METH,'RANGE D EMI Ear nit 1)409 PRNWPAL t4EHAN,WOOED"MD CE5CP15(0 AS
FG1.OW15" C014111XMMG AT THE ikttRSECTtek OF The NORTH W04t OF toot ONE OF 2REW1T
AWItR (COIF ROM AIN1 THE WEST AICHT CF WAY UNE or 1#AWATNA OWE;THb4 *G11 M
CO OEE1iEES 22 MIMES Is memos 1t%Sr At.chc SAID%EST ISCJIT or WILY MK,.477.72
ACM THENCE SOUTH 59 OCAS 37'i1P1UtES 24 SECONDS 91EST.14826 FEET TO TrIE PONT
OF BMW/ft 1 IGMCE SC070 47 GEGRTJ:S 30,NOAIIES 11=Own VEST. 17.P1 FUT naFic:
►WORTH 43 bEGRELS 35 W4jI S.0$SECONDS'9KST,2DD0 FL[T TO THE SQUTNEAST178Y FACE
Lf EIOSTING 5261.1410 7HC=NORM 42 DECREES 35 AnNUTES 11 5ECC10S EAST ALONG SAO
FACE OF SWELTER.17.01'FEET; THENCE SOON a7 DECREES 35 YINUT=S OP SeeeFICS LAST.
20.00 FEET TO a4E PONT OF Otc041111a CONTAIMNG 358.20 WARE FEET.Ni.III COOK
Coo.NMTY.E10405.
P�TNE WEST TNsE�ST OU OF SECTION 7 7010E8r 41 NOV.
RANGE$CAST OF THE New PRPR PA.UE091N4.0(Z1*1ED AM SID AS FO110145:
OCIDENCWO AT T E PITERSECTICN OF THE NORTH Ma OF MY UNE OF some AVENUE(V
RDAO)NO THE 7EE$T R44F Cr*AY ONE OF HIAWAT3tA Om NOCE NON 00 OEGAEE5 22
AaNUTE:SS SLtxkRIS% T AI.0540 OAIO 81:57 WO OV WAY UNE,33202 FEET TO bit HINT Or
EEG.VALMQ
THENCE SWiw 08 DEGREES 03 24TOTES 29 5EC00S ZEST,254.51 FEET:; MKT
tWIN SS DECREES 45 IAMETIES OS=mos NEST.09.15 FEET:MICE 50001 53 DEGREES 52
MINUTES 04 SECE11405}EST.3402 FEED THENCE'SOUTH 42 OSCREES 54 NOVICE 07 SECONDS
EST: 4.53 FEET 10 A Po147 CN THE NORTHEASTERLY ERE 8F HEREON OE500E0 LEASE AKA:
THENCE NORTH 47 0E0EES 3S HKJIES 09 SLCONO3 943E ALONG SAID NCRTNEASIERI.Y LINE.
12.00 MT:TH6VCf MORN 42 OEOREES 5a Maul=CY 9l31ONOS EAST.4.13 FEET Ta AN AA=
PeNT or*[AEON OC.,cemcO PROPOSED ACCESS EASEMENT THENCE.NORTH 5l=WES 52
MINIMS 04 SETOMOS 5452 ALONG stioNEASIERLY Ltalt C?SAtD ACCESS Emma WENDED
tA51272.Y.35.5*rm. THENCE NORTH 56 OEGREm 45 142N7ES 01 SECONDS EAS1,.60.52 FEET
THWCE NORTH RS DE 61TM G3 LllHES 25 5i00No6 EAST.258.20 FEET TO THE NEST LICE OF'
SAID HIAWATHA D t THENCE SOUTH$00404515 22 maims 311 Sio0ND5 EAST.12.60 SEEP TO
-THE PONE OF 9ECWNgIC.CONTAMMG 1405,75=ARE FEET,ALL IN COOK COW11Y,IU210t
MOT.�" EE r ALTx s T,A 1T
THAT FART OF TEST HALF or Tic 5OU7mSt5T QUAPIER OF SECTION 7.TWSISEw 41 NORM
RAKES EAST Or 711E 7HYID PRINCIPAL MERSAAN.ITOoNDEO/NO MOW)AS TCIEAYl57
CDXS7toi0 AT THE G$1tft EE1O I OF INC NORTH MOIST 4:F WAY UNE OF SLIMY AVENUE(Oaf
ROAD)AND THE NEST Roo OFF NAY ME t:F MIAWAIHA(RIVE INEMCE k0R)H 00 DEGREES 22
505RI2E5 38 SCOOIDS HEST ALCUO SAD HEST RNi1T OF WAY ma.544.03 F5ETt 11EJICC SEEM 0S
DEGREES 03 WASTES 26 SECONDS WEST.255.20 4T:E1; '0ENcE satin*56 moan AS iiEtTES 01
StO7104 NEST.5O44 FEET: TIENCE 5011'41 13 OECRREE$52 MINI TES 04.=own NEST.1.9.79
FE Er To A PO NT.ON THE 1404SNEREY UNE of*IKON 0(5040(0 AcCESS/UTRAY EASEMENT SAID
POW ALSO H4a40 114 PONT CF REC48et NCR=Ca112U C 501TH L'3 DEGT EES 52 Y9AITES
04 SECONDS NEST ALONG SAID teRVE ItY L C,15.S0 FEET TO AR MILE PANT OF SAO
PREPosED ACCESS,/UTIl4TY EASD4CN'F. T}Mp TEE NORTN 47 DECREES 05 19f#7Il3 53 SEC0 05 TEST.
36.00 FT>Ei`VOCE So 54 42 DEGREES 54*4MM1ES 07 6CONOS NEST.3400 FEET;,,`E0TW_ ICE
NORTH 47 5 09 MMITES 43 3000 c HEST.12.00 FELT;THENCE.NON NON 45 0E2:5 54 sscoms rim.4200 MT; VENCE 501151 47 mous 05 411t5VES 43 SECONDS
MU 57
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\/ A-2
T-Mobile Site No: CH37926
FORM OF MEMORANDUM FOR RECORDING
After Recording, Mail To:T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue,WA 98006
Attn: Property Management/CH37926L
APN:06-07-302-041
Loan No.:N/A
THIS MEMORANDUM, made this 1st day of April ,2015,between THE CITY OF
ELGIN, an Illinois municipal corporation(herein referred to as the"Licensor")and T-Mobile Central
LLC, a Delaware limited liability company, with its principal offices located at 12920 SE 38th Street,
Bellevue,WA 98006,hereinafter designated"Licensee".
1. Licensor and Licensee entered in a Site Agreement Acknowledgement("Lease") *
Septemberlst, 2016,for a term of 5 years.The lease may be extended for four additional five year periods.
*with an Agreement Commencement Date of
2. In consideration of the payments set forth in the lease,Licensor agreed to license to the
Licensee that certain portion of City property consisting of the area containing approximately 358.20
square feet legally described and depicted on the attached exhibits: Exhibit A and specifically the portion
thereof entitled"Legal Description for Proposed Lease Area": the plat of survey prepared by WT Land
Surveying, Inc. dated April 2005, Sheet LS-1, attached hereto as Exhibit B; and the overall site plan,
Compound Plan and the site elevation and antenna plan view attached hereto as Group Exhibit C; all
attached hereto and made a part hereof,together with the non-exclusive right for ingress and egress, seven
days per week,twenty-four hours per day, on foot or motor vehicle, including trucks, and for the
installation and maintenance of utility wires,poles,cables,conduits and pipe over,under or along an
existing right of way extending from the nearest public right of way, subject to any restrictions in the
Prime Lease.
3. A copy of the lease is on file in the offices of Licensor and Licensee.
4. The terms,covenants and provisions of the lease, of which this is a Memorandum,extend to
and are binding upon the respective administrators, successors and assigns of Licensor and Licensee.
[Remainder of Page Intentionally Left Blank]
1
Prepared by: G.Klocke
Prepared on: March 20,2015
T-Mobile Site No: CH37926
IN WITNESS WHEREOF,hereunto Licensor and Licensee have caused this Memorandum to be
duly executed on the day and year first written above.
Witness: Lessee: The ity Of Elgin ,/
By: SCJ��i
Print Name: Sean R. Stegall
Print Title: City Manager
Witness: Licensee: T-Mobile Central LLC,
a Delaware limited liability company
{ j:
,L, 'D, v' By
Print Name:Kifn Curtis
Engineering Director - Development
Print Title:
2
Prepared by: G.Klocke
Prepared on: March 20,2015
T-Mobile Site No: CH37926
STATE OF c:=7" 611-_u--y
j : SS
COUNTY OF/ (-- -4-})4-�L :
✓ ACKNOWLEDGEMENT
' On this-2 day ofi�„a, his before me, personally appeared
,�� P y PP
/� i)'t e -� 6.o ,to me personally known, who,being my duly sworn,did say
that he is r• &<, - - • and that said instrument was signed on behalf of said T-Mobile
Central LLC and said - in/. efGL ca acknowledged said instrument to be his free act and
deed.
In witness whereof,I have hereunto set my hand and affixed my seal at my office in said County
and State on the day and year first above written.
OFFICIM.SEAL
OESORAH WOODS ROW NotarROW•SUN of Woofs ■
My Commission Wins Jul 17,201e
Sworn to and subscribed before me
this ,26 day of Aar r_4, , c20/6
Notary Public
My Commission Expires: 7-17-,2 o)t
3
Prepared by: G.Klocke
Prepared on: March 20,2015
T-Mobile Site No: CH37926
STATE OF Illinois
: SS
COUNTY OF Kane •
ACKNOWLEDGEMENT
On this 1st day of April ,2015 before me, personally appeared
Sean R. Stegall ,to me personally known, who,being my duly sworn,did say
that he is City Manager and that said instrument was signed on behalf of sai&i ty of/Elsa is
said Sean R. Stegall acknowledged said instrument to be his free act and deed.
In witness whereof, I have hereunto set my hand and affixed my seal at my office in said County
and State on the day and year first above written.
•
"OFFICIAL SEAL"
i
BARBARA E.FURMAN
Notary Public,State of Illinois i
Z My Commission Expires 08106115 i
Sworn to and subscribed before me
this 1st day of April , 2015
Notary Public
My Commission Expires: August 6, 2015
4
Prepared by: G.Klocke
Prepared on: March 20,2015
T-Mobile Site No: CH37926
Exhibit A
Property Identification No: 06-07-302-041
property Address: 750 Sununit Street, Elgin,Illinois 60120
Legal Description:
12041,b iii Ft MCP /Nit AMA
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00 OE 22 A 4t 1S$34 =Erin 11CSr RCNc 5.1b Pi04? Or%tvo4,0E 477.76
fttT DIMES SOUTH Is 0E12403 37%Li UTES 74 EC00O5 1CS1.. 34&20 1rEET TO PE PONT
IX 8fG81/101Ek O8O/Ot. 50010 42 C EES 34 MUTES 11 Stcopt03 1iEST. T7.91 FEET; 1HE8CE
s8R711 47 ECONEES 3M~ES 02 =Cite't►CSr 30.00 FEET TO THE SQUTHEASTOTLY PACE
!tF 0:1111$G StIO.117O THEM NOtTk 42 DEO[IEE3 36 ilNU1t5 it SEC O/235 EAST AU04C$410
FACE Or WIMP.17.21 FEET: 11E3 E SOWN 47 OF ELs ss WHOM 09 FAST,
MET O 14 p+C#�11 cc 8ET+9'A4110. CCMTMMNtC 3S&20 MIME FEES, SILL fi COOS
PAT 1+ ,1HE VEST HAW or"1HE munr0Esr CUARTOt OF SE+CtlO4 7.7092$141 41 OWN,
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Prepared on: March 20,2015
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