2010-22' f
RESOLUTION NO. 2010- 22
A RESOLUTION AUTHORIZING THE EXECUTION OF A SITE LEASE BETWEEN THE
VILLAGE OF BUFFALO GROVE AND T- MOBILE CENTRAL LLC
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit Pursuant to the Illinois
State Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove previously adopted Ordinance No. 2010 -29 on
May 17, 2010 for the purpose of approving a special use for a telecommunications tower and
antenna for T- Mobile Central, LLC, and
WHEREAS, Section 3.1). of Ordinance No. 2010 -29 stated that the special use is
contingent upon the Village of Buffalo Grove and T- Mobile Central LLC entering into a lease
concerning the proposed telecommunications facility; and
WHEREAS, it has been determined that it is in the best interest of the Village to enter a
Site Lease with T- Mobile Central LLC setting forth the terms and conditions for the placement of
a telecommunications tower and antenna.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS THAT:
SECTION 1. The Village President is hereby authorized to execute the attached Site
Lease dated as of the 3rd day of June, 2010.
SECTION 2. Village staff is hereby directed to ensure that this Site Lease is implemented
beginning the day it is fully executed. Further, the Village Clerk is hereby directed to file
a copy of the fully executed Site Lease with T- Mobile Central LLC.
AYES: 6 - Braiman, Glover Berman, Trilling, Stone, Sussman
NAPES:
0 - None
ABSENT: 0 - None
PASSED: June 7 , 2010. APPROVED: June 7 , 2010.
VILLAGE PRESIDENT
ATTEST:
VILL GE CLERK
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Memorandum
of
Lease
MEMORANDUM OF LEASE
Part of PIN: 03 -05- 201 -042
A SITE LEASE (the "Lease ") by and between the Village of Buffalo Grove, an Illinois municipal corporation ( "Landlord ") and T-
Mobile Central LLC, a Delaware limited liability company ( "Tenant ") was made regarding a portion of the property referenced above:
See Attached Exhibit "A" incorporated herein for all purposes identifying Tenant's lease area.
The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date "). Tenant
shall have the right to extend this Lease for five (5) additional and successive five -year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to
sign.
LANDLORD: Village of Buffalo 'Grove, an Illinois municipal corporation
By:
Printed Name:
r
Title: /
Date:
TENANT: T- Mobile Central LLC, a Delaware limited liability company
By:
Printed Name: Faisal Afridi
Title: Area Director O
Date: ('1�A
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[Notary block for Landlordl
[Landlord Notary block for a Corporation, Partnership, or Limited Liability Company]
STATE OF ILLINOIS )
COUNTY OF
Cam' j ss.
This instrument was acknowledged before me on 91, by ts�e / r'(% [title]
1%I i.LA -(ti j' co 41c�(o,J 7" of \%t LLB, /, F D [type of entity], on behalf
of said [name of entity].
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Dated:
"OFFICIAL. SEAL"
ROBERTA FREED
COMMISSION EXPIRES: Otr25112
Notary Pub
Print Name �/tI'C�tl=
My commission expires / d► �—
hkj
(Use this space for notary stamp /seal)
[Notary block for Tenand
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
I certify that I know or have satisfactory evidence that Faisal Afridi is the person who appeared before me, and said person acknowledged
that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Area Director, Engineering
and Operations, of T- Mobile Central LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrurp/nt. ,
Dated:
OFFICIAL SEAL
CATHERINE OLSEN
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:09 /24/11
/C)
(Use this space for notary stamp /seal)
Notary Public
Print Name C 4
My commission expires
` Memorandum of Lease Exhibit A
Legal Description
The Premises is legally described as follows:
THAT PART OF VILLAGE CAMPUS SUBDIVISION BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY AND IN THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN: COMMENCING AT THE
SOUTHWEST CORNER OF SAID VILLAGE CAMPUS SUBDIVISION; THENCE NORTH 34 DEGREES 20 MINUTES 09 SECONDS WEST
ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 262.35 FEET; THENCE NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST,
246.85 FEET TO THE POINT BEGINNING; THENCE CONTINUING NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST, 25.67 FEET;
THENCE SOUTH 34 DEGREES 19 MINUTES 58 SECONDS EAST, 13.00 FEET; THENCE SOUTH 55 DEGREES 40 MINUTES 02 SECONDS
WEST, 25.67 FEET; THENCE NORTH 34 DEGREES 19 MINUTES 58 SECONDS WEST, 13.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 334.00 SQUARE FEET, MORE OR LESS, ALL IN COOK COUNTY, ILLINOIS.
(07/01/2010)
SITE LEASE
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THIS SITE LEASE (the "Lease ") is by and between the Village of Buffalo Grove, an Illinois municipal corporation (the "Landlord ") and
T- Mobile Central LLC, a Delaware limited liability company (the "Tenant").
1. Lease.
(a) Upon the Commencement Date (as defined below), Landlord shall lease to Tenant an area comprised of approximately 333.71 square
feet described in the attached Exhibit A (the "Premises ") on Landlord's property located at or near the west side of 48 Raupp Road, Buffalo Grove,
IL, as legally described on Exhibit B as "Parent Parcel Description" on drawing LS -1 (hereinafter the "Landlord's Parent Parcel "). Landlord also
grants to Tenant non - exclusive easements for access and utilities, all as depicted in the attached Exhibit B.
(b) During the Term (as defined below) of this Lease, Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's sole
cost and expense, all licenses and permits or authorizations, including all land use and zoning permit applications, required for Tenant's use of the
Premises from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities and the Federal
Communications Commission (the "FCC") (such licenses, permits, authorizations and/or applications are, collectively, referred to as the
"Governmental Approvals"), and Landlord agrees to reasonably cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report,
zoning approvals and variances, and land -use permits for the installation and operation of the Antenna Facilities. Landlord expressly grants to
Tenant a right of access to the Landlord's Parent Parcel to perform any surveys, soil tests, and other engineering procedures or environmental
investigations (the "Tests ") on the Landlord's Parent Parcel deemed necessary or appropriate by Tenant to evaluate the suitability of the Landlord's
Parent Parcel for the uses contemplated under this Lease. Tenant shall notify Landlord prior to making any such inspections in accordance with this
Section 1 hereof. Tenant hereby agrees to save, defend, indemnify and hold the Landlord harmless from and against: (i) any and all claims, actions,
damages, expenses, liability, loss and costs arising from Tenant's performing the Tests; (ii) any mechanic's liens filed against the Landlord's Parent
Parcel resulting from the Tests; and (iii) any negligence or willful acts by Tenant, Tenant's agents, representatives or employees. Tenant further
agrees to repair and restore any damage caused by Tenant's inspection of the Landlord's Parent Parcel to its condition prior to the inspection. Prior
to performing such Tests, Tenant will give Landlord a certificate of insurance naming Landlord and its officers, directors, agents and representatives
as additional insureds, issued by an insurance company authorized to do business in the State of Illinois insuring against all claims, demands or
actions for injury or death for not less than Two Million Five Hundred Thousand and no /100 ($2,500,000.00) per occurrence and for damage to
property for not less than Two Million Five Hundred Thousand and no /100 Dollars ($2,500,000.00), such limits may be satisfied by a combination of
primary and umbrella policies. During the Term of this Lease, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses
and permits or authorizations that relate to other property.
2. Term.
The initial term of this Lease shall be five (5) years commencing on the date that Landlord issues Tenant a permit to commence construction of the
Antenna Facilities (the "Commencement Date "), and terminating at midnight on the last day of the full calendar month following the fifth (5th)
anniversary of the Commencement Date (the "Initial Term ").
3. Renewal.
(a) Tenant shall have the right to extend this Lease for five (5) additional and successive five (5) year terms (each a "Renewal Term,"
together with the Initial Term, hereinafter the "Term ") on the terms and conditions as set forth herein. This Lease shall automatically renew for each
successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least one - hundred eighty (180)
days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this
Lease or any Renewal Term without a written agreement, at Landlord's option (i) Tenant shall be deemed to be occupying the Premises as a tenant at
sufferance at double the Rent (as hereinafter defined) in effect during the last month immediately preceding such hold over and otherwise subject to
all of the terms and conditions of this Lease, or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including
an action for wrongfully holding over. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term of
this Lease shall be construed to extend said Term or prevent Landlord from recovery of immediate possession of the Premises by summary
proceedings or otherwise. Tenant shall also be liable to Landlord for all direct and consequential damages which Landlord may suffer by reason of
any holding over by Tenant. No payment by Tenant, or receipt by Landlord, of a lesser amount than the correct rent shall be deemed to be other than
a payment on account, nor shall any endorsement or statement on any check or letter accompanying any check for payment of rent or any other
amounts owed to Landlord be deemed to effect or evidence an accord and satisfaction, and Landlord may accept such check or payment without
prejudice to Landlord's right to recover the balance of the rent or other amount owed or to pursue any other remedy provided in this Lease.
(b) Tenant will be deemed to have waived the right to extend the Term for any Renewal Term if there is an uncured default at the time of
Tenant's exercise of the election to extend the Term.
4. Rent.
(a) From and after the Commencement Date, Tenant shall pay Landlord or its designee, as rent, the sum of two thousand and no /100 dollars
($2,000.00) per month (the "Rent"). The first payment of Rent shall be due within twenty (20) days of the Commencement Date and shall be
prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will be payable monthly by the first (1 st)
day of each month to Landlord at the address specified in Section 14 below. In the event any sums required hereunder to be paid by Tenant are not
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received on or before the fifth (5th) calendar day after the same are due, then Tenant shall immediately pay, as additional Rent, a late payment service
charge of Fifty Dollars ($50.00). Payment of the late payment service charge shall not in and of itself abrogate a default under this Lease. In
addition, any amount due hereunder shall bear interest from the date due until said past due amount shall be paid by Tenant to Landlord at a rate
equal to twelve percent (12 %) per annum. If this Lease is terminated for any reason (other than a default by Tenant) at a time other than on the last
day of a month, Rent shall be prorated as of the date of termination and any excess Rent shall be promptly refunded to Tenant. Landlord, its
successors, assigns and/or designee, if any, will submit to Tenant any documents required by Tenant in connection with the payment of Rent,
including, without limitation, an IRS Form W -9.
(b) During the Term, monthly Rent shall be adjusted, effective on the first yearly anniversary of the Commencement Date, and on each
subsequent yearly anniversary thereof, to an amount equal to one hundred four percent (104 %) of the monthly Rent in effect immediately prior to the
adjustment date.
5. Permitted Use. The Premises shall be used by Tenant only for the transmission and reception of radio communication signals and for
the construction, installation, operation, maintenance, repair, removal or replacement of the Antenna Facilities.
6. Interference.
(a) Tenant shall not use the Premises in any way which interferes with the use of Landlord's Parent Parcel, including Landlord's
communications network existing as of the Commencement Date or established at the time Tenant's equipment is installed on the Monopole, or the
rights of lessees or licensees of Landlord with equipment installed on the Landlord's Parent Parcel prior to the Commencement Date (subject to
Tenant's rights under this Lease, including, without limitation, non - interference). Upon notice of any such interference, Tenant shall immediately
cooperate with Landlord to identify the source of such interference and shall, within forty-eight (48) hours, cease all interfering operations (except for
intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed) until the interference has
been corrected, unless Tenant reasonably establishes prior to the expiration of such forty -eight (48) hour period that such interference is not caused
by Tenant or the Antenna Facilities, in which case Tenant may operate the Antenna Facilities pursuant to the terms of this Lease. Tenant shall be
responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Lease, provided
that Tenant's operations are determined to be the source of interference. If such interference has not been corrected within thirty (30) days after
notice to Tenant of its occurrence, Landlord or Tenant may terminate this Lease upon ten (10) days prior written notice, or Landlord may require
Tenant to remove the specific items from the equipment causing such interference, provided such interference is actually caused by Tenant or the
Antenna Facilities. Tenant shall indemnify Landlord and hold Landlord harmless from all third party claims arising from any interference caused by
or resulting from Tenant's equipment or Tenant's actions. Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees,
employees, invitees or agents to use, any portion of the Landlord's Parent Parcel in any way which materially interferes with the operations of
Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible
for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference
may cause irreparable injury and, therefore, the injured party shall have the right to bring a court action to enjoin such interference or to terminate
this Lease immediately upon written notice.
(b) If any future tenant, licensee or co- locator of the Landlord's Parent Parcel commences its use or operations on the Landlord's Parent
Parcel after the Commencement Date (individually or collectively, a "Future Tenant"), and such Future Tenant's equipment, use and/or operations
causes interference with Tenant, Tenant shall reasonably cooperate, at Future Tenant's sole cost and expense, with such Future Tenant to resolve
such interference in a mutually acceptable manner, provided that such equipment of the Future Tenant is installed and operating within the technical
parameters specified by its manufacturer and the Future Tenant's FCC license. If any Future Tenant should cause irresolvable interference with the
Tenant, Tenant may, in addition to any other rights it may have at law or in equity, bring an action to enjoin any such interference, and Tenant's
remedy, with respect to Landlord, shall be to terminate this Lease without further liability to Landlord or bring a court action to enjoin such
interference. In no event shall Landlord have any liability or responsibility for any interference with Tenant's operations, except to the extent
resulting from Landlord's negligence or intentional misconduct, provided however that Tenant's right to recover shall be limited to actual damages
not to exceed two hundred fifty thousand dollars ($250,000.00). In the event Landlord commences a new use of the Landlord's Parent Parcel after
the Commencement Date, and such use materially interferes with Tenant's operations, Tenant and Landlord shall reasonably cooperate, at no cost to
Tenant, to resolve such interference. If Tenant and Landlord are unable to resolve such interference, Tenant may terminate this Lease. Tenant's right
to terminate this Lease pursuant to this Section 6(b) may be exercised only through a notice of termination, made in good faith, and supported by
reasonable written evidence submitted to Landlord, conforming to generally accepted industry standards, that confirms (i) the existence of such
material interference, (ii) that such material interference cannot be resolved through the reasonable efforts of Landlord and Tenant, and (iii) that
Tenant has no reasonable alternative but to terminate this Lease. If Tenant elects to exercise the right to terminate this Lease under this Section 6(b),
Tenant may relocate its Antenna Facilities to another property. To the extent that Tenant's operations are not within the parameters of its FCC
license or are in violation of the terms of this Lease, and such non - compliance is not caused by Landlord or a Future Tenant of Landlord, Tenant's
protections from interference herein shall not apply, and Tenant shall indemnify and defend Landlord from all claims arising out of such unlicensed
operations, or operations in violation of the terms of this Lease.
7. Improvements; Utilities; Access.
(a) Subject to Section 23 below, Tenant shall, at its sole cost and expense, erect and maintain on the Premises improvements, personal
property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas,
microwave dishes, monopole and base (the "Monopole"), equipment shelters and/or cabinets and related cables and utility lines and a location -based
system, as such location -based system may be required by any county, state or federal agency /department, including, without limitation, coaxial
cable, base units and other associated equipment situated exclusively within the Premises, except as to Tenant's access and utility easements,
(collectively, the "Antenna Facilities") all in accordance with Village of Buffalo Grove Ordinance No. 2010- 29, adopted May 17, 2010. Tenant
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shall have the right to modify or alter the ground -based portions of the Antenna Facilities (excluding the Monopole) to improve and upgrade said
Antenna Facilities. Any modifications to the ground -based portions of the Antenna Facilities shall not add any equipment or other items that are
visible above the fence screening the perimeter of the ground lease area. Tenant may from time to time replace the antennas on the Monopole with
antennas with the same or different specifications, but not larger in size or materially different in appearance than those initially installed, so long as
their installation is otherwise in compliance with this Lease and applicable laws, ordinances and codes. Tenant's installation shall not interfere with
Landlord's use of the Landlord's Parent Parcel. Any other modifications to the Monopole or Antenna Facilities shall require the written consent of
Landlord. Except for emergency repairs, Landlord shall be notified at least one week prior to any modifications or alterations of the Antenna
Facilities or Monopole.
(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without
limitation, the construction of a fence, provided Tenant obtains Landlord's prior written approval to any such restriction of access, including a plan
for the installation of any such fence; provided, further, no action taken by Tenant shall interfere with the access by Landlord or Future Tenants to the
Landlord's Parent Parcel for the purpose of maintaining, repairing or accessing any of Landlord's equipment or the Future Tenant's equipment, as the
case may be, or interfere with access to the Landlord's Parent Parcel by Landlord, or Landlord's employees, agents, invitees or others needing access
to the Landlord's Parent Parcel.
(c) (1) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Premises in
commercially reasonable condition and repair during the Term of this Lease, normal wear and tear and casualty not caused by Tenant excepted.
Subject to Section 8, within sixty (60) days of the termination or expiration of this Lease, at Landlord's option, (i) the Premises shall be returned to
Landlord in good, usable condition, normal wear and tear and casualty not caused by Tenant excepted or (ii) Tenant shall remove such Antenna
Facilities from the Premises as directed by Landlord, but shall assign all rights, title and interest to the Monopole to Landlord, in "as is" condition, in
the form of a bill of sale, thereby relieving Tenant of any further liabilities or obligations of maintenance concerning said Monopole. Landlord shall
inform Tenant whether Landlord desires to exercise option (i) or (ii), above, within thirty (30) days of the termination or expiration of this Lease.
(2) If Landlord reasonably determines that the Premises or the Antenna Facilities are not being maintained in the condition required by
this Lease, and without limiting Landlord's other rights and remedies under this Lease, Landlord shall have the right, if Tenant fails to remedy the
condition(s) identified by Landlord to the reasonable satisfaction of Landlord within thirty (30) days of Tenant's receipt of notice thereof, or
immediately in the event of an emergency, to take such action, at Tenant's expense, as Landlord reasonably deems necessary to restore the Premises
to the condition required by this Lease. In the event of an emergency, Landlord shall give to Tenant as much advance notice as reasonably possible
of its intent to enter the Premises and, within three (3) days following such entry, shall provide to Tenant a written report detailing the nature of such
emergency and the corrective actions taken. Tenant shall pay to Landlord, within thirty (30) days of Tenant's receipt of an invoice and supporting
documentation, Landlord's reasonable costs and expenses incurred pursuant to this Section 7 and as a result of Tenant's violation of the terms of this
Lease.
(d) Tenant shall have the right to install utilities, at Tenant's sole cost and expense, and to improve the present utilities on the Landlord's
Parent Parcel (including, but not limited to, the installation of emergency power generators on the Premises), subject to obtaining any necessary
permits from the Landlord. Landlord agrees to use commercially reasonable efforts, at no cost or expense to Landlord, in assisting Tenant to acquire
necessary utility service. Tenant shall install separate meters for utilities used on the Premises by Tenant. Landlord shall have no obligation
whatsoever to provide such services to Tenant and Landlord shall have no obligation whatsoever for any disruption of or reduction in such services
and in no event will Landlord be liable to Tenant for any damages, direct or indirect, resulting from any loss of power, except for any damages
caused by Landlord's acts or omissions. Unless otherwise agreed by the parties, Tenant shall at all times be responsible for the provision of its own
emergency or "backup" power, and any such "backup" power system installed by Tenant shall be the sole responsibility of Tenant.
(e) As partial consideration for Rent paid under this Lease, Landlord shall grant Tenant easements and/or rights of access on, under and
across the Landlord's Parent Parcel as depicted on the plan(s) attached hereto as Exhibit B for ingress, egress, utilities and access (including access
for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, including, but not limited to, the installation of
power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Term (collectively, the
"Easements "). The Easements provided hereunder shall have the same Term as this Lease and be co- terminous therewith. Notwithstanding the
foregoing, the proposed utility easement as depicted on Sheet Number LS -1 attached as Exhibit B shall not encroach upon the Wood Frame Shed
shown on Exhibit B. Any improvements or landscaping disturbed or altered by Tenant in any manner shall be restored to its pre - disturbed or
unaltered condition.
(f) Tenant shall have 24- hours -a -day, 7- days -a -week access to the Premises at all times during the Term of this Lease.
(g) Landlord shall maintain and repair all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow
vehicular and pedestrian access at all times, at its sole expense, except for any damage to such roadways caused by Tenant.
8. Termination.
(a) Except as otherwise provided herein, this Lease may be terminated, as follows:
(i) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within
such 30 -day period;
(ii) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's
installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or otherwise forfeits or cancels any license (including,
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without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or
Tenant's business;
(iii) upon thirty (30) days' written notice by Tenant if Tenant determines that the Premises or the Antenna Facilities are inappropriate or
unnecessary for Tenant's operations for economic or technological reasons.
(b) In the event Tenant terminates this Lease pursuant to Section 8(a)(ii) or 8(a)(iii) prior to completion of construction of the
Antenna Facilities, Tenant shall, at its sole cost and expense, restore the Premises to the substantially similar condition it existed as of the
Commencement Date, reasonable wear and tear and casualty not caused by Tenant excepted.
9. Casualty.
In case of damage to the Premises or those portions of the Landlord's Parent Parcel which are essential to the operation of the Antenna Facilities, by
fire or other casualty, Landlord may (but shall have no obligation to), at its expense, and subject to the availability of insurance proceeds, cause the
damage to be repaired to a condition as nearly as practicable to that existing prior to the damage, with reasonable speed and diligence, subject to
delays which may arise by reason of adjustment of loss under insurance policies, governmental regulations, and for delays beyond the control of
Landlord, including an event of "force majeure ". Landlord shall not be obligated to repair, restore, or rebuild any of Tenant's personal property
except for any damage caused by Landlord's acts. Landlord shall not be liable for any inconvenience or annoyance to Tenant, or injury to Tenant's
business resulting in any way from such damage or the repair thereof, except to the extent and for the time that Tenant is materially impeded from
providing its services, in which case the Rent shall equitably abate. In addition, Tenant shall be permitted to terminate this Lease if (i) the Premises
have been rendered unusable for Tenant's intended purpose, (ii) Landlord has determined to cause the damage to be repaired, and (iii) Landlord's
estimated period for completion of the repair and restoration exceeds ninety (90) days (Landlord shall deliver such estimate to Tenant within fifteen
(15) days after the casualty).
10. Condemnation.
(a) If all or substantially all of the Landlord's Parent Parcel or Premises are taken for any public or quasi- public use under any applicable
laws or by right of eminent domain, or are sold to the condemning authority in lieu of condemnation, or by deed in lieu of condemnation, then this
Lease will terminate as of the date when the condemning authority takes physical possession of or title to the Landlord's Parent Parcel or Premises,
and any prepaid fees shall be apportioned as of said date and reimbursed to Tenant. If only part of the Landlord's Parent Parcel or Premises is thus
taken or sold, and if after such partial taking in Landlord's reasonable judgment, alteration or reconstruction is not economically justified, then
Landlord (whether or not the Premises are affected) may terminate this Lease by giving written notice to Tenant within ninety (90) days after the
taking, or alternatively, if Tenant determines that the Premises taken interferes with Tenant's use, Tenant may terminate this Lease by giving
Landlord thirty (30) days prior written notice. Termination by Landlord or Tenant will be effective as of the date when physical possession of the
applicable portion of the Premises is taken by the condemning authority. If neither Landlord nor Tenant elects to terminate this Lease upon a partial
taking of a portion of the Landlord's Parent Parcel or the Premises, the Rent payable under this Lease will be diminished by an amount equitably
allocable to the portion of the Landlord's Parent Parcel or the Premises which was so taken or sold, taking into reasonable account the effect of the
taking or condemnation on Tenant's operations. If this Lease is not terminated upon a partial taking of the Landlord's Parent Parcel or Premises,
Landlord will, at Landlord's sole expense, promptly restore and reconstruct the Premises to substantially their former condition to the extent the same
is feasible. However, Landlord will not be required to spend for such restoration or reconstruction an amount in excess of the net amount received by
Landlord as compensation or damages for the part of the Landlord's Parent Parcel or Premises so taken.
(b) As between the parties to this Lease, Landlord will be entitled to receive, and Tenant assigns to Landlord, all of the
compensation awarded upon taking of any part or all of the Landlord's Parent Parcel or Premises, including any award for the value of the unexpired
Term. However, Tenant may assert a claim in a separate proceeding against the condemning authority for any damages resulting from the taking of
Tenant's trade fixtures or personal property, or for moving expenses, business relocation expenses or damages to Tenant's business incurred as a
result of such condemnation.
11. Default and Right to Cure.
Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each party shall have
the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 14 hereof, to take effect immediately, if the other party
fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a cure thereof to its completion after thirty
(30) days' written notice specifying such failure of performance or default (the "Cure Period "); provided, however, the Cure Period shall be extended
for such reasonable period of time if the cure cannot be completed prior to the expiration of the Cure Period so long as the cure is diligently pursued.
12. Taxes.
The parties acknowledge that, due to Landlord's tax - exempt status, no taxes are due and payable for the Landlord's Parent Parcel. Tenant shall pay
any personal property tax, real property tax or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna
Facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any personal property or real property tax assessment
against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment
to Tenant sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court, administrative proceeding, or other venue, on
behalf of Landlord and/or Tenant. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall
execute any and all documents reasonably necessary to effectuate the intent of this Section 12.
13. Insurance and Subrogation and Indemnification.
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(a) Tenant will maintain (i) commercial general liability insurance insuring all operations by or on behalf of Tenant, on an occurrence basis
against claims for both bodily injury (including death) and property damage, products and completed operations coverage, broad form property
damage, severability of interests, and personal injury coverage, in amounts of One Million and no /100 Dollars ($1,000,000.00) per occurrence and
Three Million and no /100 Dollars ($3,000,000.00) aggregate, such limits may be satisfied by a combination of primary and umbrella policies; (ii)
workers' compensation insurance with minimum limits in accordance with all applicable state and federal statutes, and employer's liability insurance
with limits not less than One Million Dollars ($1,000,000.00) bodily injury for each accident and bodily injury by disease for each employee; (iii)
commercial automobile liability insurance including coverage for bodily injury (including death) and property damage arising out of the use of any
auto (including owned, hired and nonowned autos) with a combined single limit not less than One Million Dollars ($1,000.000.00); (iv) "All Risk" or
"Cause of Loss Special Form" property insurance for damage to property including coverage for vandalism and malicious mischief, for all of
Tenant's telecommunication and other equipment, systems and facilities located on the Premises or elsewhere on the Landlord's Parent Parcel in an
amount equal to 100% of the replacement value thereof, with the proceeds of such insurance being used to repair and/or replace the
telecommunication and other equipment, systems and facilities so insured. Tenant may satisfy these requirements by obtaining the appropriate
endorsement to any master policy of liability insurance Tenant may maintain. Landlord shall be named as an additional insured under the policies
specified in subsections 13(a)(i) and 13(a)(iii), with notification rights of cancellation, termination or lapse of coverage. Landlord shall be provided
with a copy of the certificate of insurance evidencing above requirement.
(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery
against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the
event of such insured loss, neither party's insurance company shall have a subrogated claim against the other.
(c) Subject to the property insurance waivers set forth in subsection 13(b), Landlord and Tenant each agree to indemnify and hold harmless
the other party from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or
arising out of the negligent acts or omissions or willful misconduct in the operations or activities on the Landlord's Parent Parcel by the indemnifying
party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, or a breach of any obligation of the
indemnifying party under this Lease. The indemnifying party's obligations under this section are contingent upon its receiving prompt written notice
of any event giving rise to an obligation to indemnify the other party and the indemnified party's granting it the right to control the defense and
settlement of the same.
(d) Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this Section 13 shall survive the
expiration or termination of this Lease.
(e) Tenant shall not be responsible to Landlord, or any third -party, for any claims, costs or damages (including, fines and penalties)
attributable to any pre- existing violations of applicable codes, statutes or other regulations governing the Landlord's Parent Parcel.
(f) In no event shall either party be liable under this Lease to the other for indirect, special, incidental or consequential damages, including,
without limitation, loss of profits, income or business opportunities.
14. Notices.
All notices, requests, demands and other communications required hereunder shall be in writing and are effective three (3) days after deposit in the
U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next - business -day delivery via a nationally recognized
overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by
providing written notice to the other party.
If to Tenant, to:
T- Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: PCS Lease Administrator
With a copy to:
Attn: Legal Dept.
And with a copy to:
T- Mobile Central LLC
2001 Butterfield Road, Suite 1900
Downers Grove, IL 60515
Attn: Lease Administration Manager
With a copy to:
Attn: Legal Dept.
If to Landlord to:
Village of Buffalo Grove
• 0
50 Raupp Boulevard
Buffalo Grove, IL. 60089
Attn: Village Manager
With a copy to:
Raysa & Zimmermann, LLC
22 Washington Ave.
Park Ridge, IL. 60068
Attn: William Raysa
15. Quiet Enjoyment, Title and Authority.
As of the Effective Date and at all times during the Term of this Lease, Landlord covenants and warrants to Tenant that (i) Landlord has full right,
power and authority to execute and perform this Lease; (ii) Landlord has fee title to the Landlord's Parent Parcel free and clear of any liens or
mortgages which will not interfere with Tenant's rights to or use of the Premises; (iii) execution and performance of this Lease will not violate any
laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord; and (iv) Tenant's quiet enjoyment of
the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period.
16. Environmental Laws.
To the best of Landlord's knowledge and without having had any duty of investigation, Landlord represents that it has no knowledge of any
substance, chemical or waste (collectively, "Hazardous Substance ") on the Landlord's Parent Parcel that is identified as hazardous, toxic or
dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the
Landlord's Parent Parcel in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant,
that have occurred or which may occur on the Landlord's Parent Parcel. Each party agrees to defend, indemnify and hold harmless the other from
and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims ")
including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the
indemnitee may suffer or incur due to the existence of any Hazardous Substances on the Landlord's Parent Parcel or the migration of any Hazardous
Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions "), that relate to or arise from the
indemnitor's activities on the Landlord's Parent Parcel. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from
Actions on the Landlord's Parent Parcel not caused by Landlord or Tenant prior to and during the Term. The indemnifications in this section
specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or
restoration work required by any governmental authority. This Section 16 shall survive the termination or expiration of this Lease.
17. Assignment and Subleasing.
(a) Tenant may, upon written notice to Landlord, assign or transfer (by sublease or otherwise) its rights arising under this Lease to
any corporation, partnership or other entity which (i) is controlled by, controlling or under common control with Tenant, (ii) shall merge or
consolidate with or into Tenant, (iii) shall succeed to all or substantially all the assets, property and business of Tenant, or (iv) is an affiliate or
subsidiary or other party as may be required in connection with any offering, merger, acquisition, recognized security exchange or financing. Under
all other circumstances, such assignment or transfer shall require Landlord's written consent, which consent shall not be unreasonably withheld,
conditioned or delayed. Any such assignee or transferee shall possess a financial condition, creditworthiness and operational ability following the
contemplated assignment or transfer sufficient to permit such assignee or transferee to satisfy its obligations under this Lease. Upon assignment,
Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease
and all obligations hereunder.
(b) Landlord shall have the right to assign or otherwise transfer this Lease and the Easements granted herein, upon written notice to
Tenant and upon Tenant's receipt of (i) an executed deed or assignment and (ii) an IRS Form W -9 from assignee. Upon assignment, Landlord shall
be relieved of all liabilities and obligations hereunder and Tenant shall look solely to the assignee for performance under this Lease and all
obligations hereunder.
(c) Additionally, notwithstanding anything to the contrary above, Landlord or Tenant may, upon notice to the other, grant a security
interest in this Lease (and as regards the Tenant, in the Antenna Facilities), and may collaterally assign this Lease (and as regards the Tenant, in the
Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties "). In such
event, Landlord or Tenant, as the case may be, shall execute such consent to leasehold financing as may reasonably be required by Secured Parties.
18. Successors and Assigns.
This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective
successors, personal representatives and assigns.
19. Waiver of Landlord's Lien.
Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which
shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws,
and Landlord gives Tenant and Secured Parties, subject to Section 7(c)(i) the right to remove all or any portion of the same from time to time,
whether before or after a default under this Lease, in Tenant's and/or Secured Party's discretion.
20. Non - Recourse.
In no event shall Landlord be liable to Tenant either for any loss or damage that may be occasioned by or through the acts or omissions of any third
parties (other than Landlord's employees, agents, contractors and affiliates (collectively, "Landlord's Parties ")). None of the Landlord's Parties shall
be personally liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's
obligations hereunder and shall not seek any damages against any of the Landlord's Parties, except for damages or injuries caused by Landlord's
Parties. Notwithstanding anything to the contrary herein, neither party shall be liable to the other for consequential, incidental, punitive or economic
damages or lost profits to the other party.
21. Effective Date.
The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date ").
22. Compliance With Law.
Tenant agrees to comply with all applicable laws, plans, specifications and other Governmental Approvals and contractual obligations with respect to
the installation, operation and maintenance of the Antenna Facilities. Tenant shall obtain and keep in effect all required licenses, permits and other
authorizations necessary for Tenant to conduct business on the Premises and deliver copies thereof to Landlord within fifteen (15) business days of
Tenant's receipt of Landlord's request. To the extent Tenant is operating radio frequency (RF) emitting equipment from the Premises, Tenant shall
cooperate generally with Landlord and other carriers such that Tenant's equipment on the Premises shall be and remain in compliance with all FCC
and OSHA rules and regulations relating to guidelines for human exposure to radio frequency or electromagnetic emission levels, as may be issued
from time to time, including but not limited to the rules and regulations adopted in FCC document OET 65 (which rules and regulations have also
been adopted by OSHA). If Tenant believes that the operation of its Antenna Facilities does not obligate Tenant to submit filings in accordance with
FCC and OSHA rules and regulations, Tenant shall demonstrate, to Landlord's reasonable satisfaction, that Tenant's operation of its Antenna
Facilities is so excluded. To the extent that the Antenna Facilities are not excluded, either by itself or in conjunction with other equipment in or on
the Premises, may exceed permitted emission levels, Tenant shall (a) promptly upon Landlord's written request, deliver to Landlord a reasonably
acceptable certification or survey report demonstrating that the Antenna Facilities are in compliance with all applicable FCC and OSHA rules and
regulations (the "Compliance Survey "), and (b) to the extent the Antenna Facilities or the operation thereof are the sole cause of such non - compliance
or cause the Premises (or any section thereon to not be in compliance with such rules and regulations, promptly remedy any such non - compliance in
accordance with applicable law and at Tenant's sole cost and expense.
23. Construction.
All equipment installed by Tenant at the Premises will be installed in the locations depicted in the drawings, and to the specifications and in
accordance with Village of Buffalo Grove Ordinance No. 2010 -29 (the "Work Plan"). The Work Plan will include, but not be limited to, the
maximum load capacity for the Monopole, the proposed load of Tenant's equipment to be installed as part of the Antenna Facilities, preliminary
grading and drainage plans, utilities, service connections, locations of ingress and egress to and from public thoroughfares, lighting, landscaping,
screening and the design of the Monopole, all sufficient to enable Landlord to make an informed judgment about the design and quality of
construction. If the Work Plan is reasonably determined by Landlord to be inadequate, then Tenant shall not install or modify any equipment in or on
the Premises unless and until such work is depicted in a Work Plan, submitted to, and approved in writing by, Landlord (each such approved Work
Plan, an "Approved Work Plan"), which approval shall not be unreasonably withheld, conditioned or delayed. Landlord may subject its approval of
any Work Plan to reasonable conditions including, but not limited to, commercially reasonable accommodations to protect the aesthetics of the
Landlord's Parent Parcel, such as appropriate screening, at Tenant's expense. After Tenant has completed Tenant's initial installation under the
Approved Work Plan, and subject to the provisions of Section 7(a) above, any construction or alterations shall be subject to the terms and conditions
of this Lease, including this Section 23 which requires that Tenant obtain an Approved Work Plan for all construction alterations to the Monopole.
Landlord's failure to provide a written consent pursuant to this Section 23 shall under no circumstance be deemed to constitute an approval.
Landlord's approval of any Work Plan or work performed pursuant thereto is not a representation that such installation of the Antenna Facilities is in
compliance with all Applicable Laws or that it will not cause interference with other communications operations at the Landlord's Parent Parcel. All
installation and other work to be performed by Tenant hereunder will be done in such a manner as to minimize disruption of use of the Landlord's
Parent Parcel and not to block access to or in any way obstruct, interfere with or hinder the use of the Landlord's Parent Parcel, the sidewalks around
the Landlord's Parent Parcel, or any entrance ways thereto, or interfere materially with, delay, or impose any additional expense upon Landlord in
maintaining the Landlord's Parent Parcel. If such conditions shall occur, Tenant shall take immediate corrective action in accordance with this
Lease. Tenant agrees that installation and construction shall be performed in a safe, neat, professional and workmanlike manner, using generally
accepted construction standards, consistent with such other reasonable requirements as may be imposed by Landlord and provided to Tenant in
advance and in writing.
24. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement from the other party of its reasonable
attorneys' fees and court costs, including appeals, if any.
(b) This Lease and Village of Buffalo Grove Ordinance No. 2010 -29 constitute the entire agreement and understanding of the parties with
respect to the Premises and Landlord's Parent Parcel and matters contained herein, and supersedes all offers, negotiations and other agreements with
0
respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties.
(c) Landlord agrees to reasonably cooperate with Tenant, at Tenant's sole cost and expense, in executing any documents necessary to
protect Tenant's rights in or use of the Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in
place of this Lease by Tenant.
(d) Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such commercially - reasonable documents
as the title company may reasonably require in connection therewith.
(e) This Lease shall be construed in accordance with the laws of the State of Illinois, without regard to the conflicts of law principles of
such state.
(f) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall continue in full force and effect. Any
questions of particular interpretation shall not be interpreted against the drafter, but rather in accordance with the fair meaning thereof. No provision
of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or
any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with
respect to any subsequent matter relating to such provision.
(g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual
or representative capacities as indicated.
(h) This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall
constitute a single instrument.
(i) All Exhibits referred to herein are incorporated herein for all purposes.
0) If either party is represented by any broker or any other leasing agent, such party is responsible for all commission fee or other payment
to such agent, and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker.
(k) Any future wireless carrier that seeks to co- locate on the Monopole being constructed as part of the Antenna Facilities must first enter
into a ground lease with Landlord.
(1) Attached hereto and made a part hereof as Exhibit D is the Tenant's proposed Site Plan (Sheet Numbers A -1 and A -2) dated revised
6/7/10 by W -T Communication Design Group, LLC which Site Plan replaces Site Plan dated 4/23/10.
(m) Pursuant to Section 17.34.040.F of the Buffalo Grove Municipal Code, no building permit shall be issued until Tenant provides a
surety bond or letter of credit to Landlord equivalent to one hundred twenty-five percent (125 %) of the sum of the estimated cost of maintenance for
a ten year period and the cost of removal of the Monopole and Antenna Facilities.
LANDLORD: Village of Buffalo Grove, an Illinois municipal corporation
By: L
Printed Name:
Title:
Date:
TENANT:
By:
Printed Name:
Title:
Date:
T- Mobile Central LLC, a Delaware limited liability company
Faisal Afridi
Area Director
T- Mobile Legal Approval
•
EXHIBIT A
Legal Description
The proposed Premises is legally described as follows:
THAT PART OF VILLAGE CAMPUS SUBDIVISION BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY AND IN THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN: COMMENCING AT THE
SOUTHWEST CORNER OF SAID VILLAGE CAMPUS SUBDIVISION; THENCE NORTH 34 DEGREES 20 MINUTES 09 SECONDS WEST
ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 262.35 FEET; THENCE NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST,
246.85 FEET TO THE POINT BEGINNING; THENCE CONTINUING NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST, 25.67 FEET;
THENCE SOUTH 34 DEGREES 19 MINUTES 58 SECONDS EAST, 13.00 FEET; THENCE SOUTH 55 DEGREES 40 MINUTES 02 SECONDS
WEST, 25.67 FEET; THENCE NORTH 34 DEGREES 19 MINUTES 58 SECONDS WEST, 13.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 334.00 SQUARE FEET, MORE OR LESS, ALL IN COOK COUNTY, ILLINOIS.
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•
Memorandum
of
Lease
MEMORANDUM OF LEASE
Part of PIN: 03 -05- 201 -042
A SITE LEASE (the "Lease ") by and between the Village of Buffalo Grove, an Illinois municipal corporation ( "Landlord ") and T-
Mobile Central LLC, a Delaware limited liability company ( "Tenant ") was made regarding a portion of the property referenced above:
See Attached Exhibit "A" incorporated herein for all purposes identifying Tenant's lease area.
The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date "). Tenant
shall have the right to extend this Lease for five (5) additional and successive five -year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to
sign.
LANDLORD: Village of Buffalo Grove, an Illinois municipal corporation
�.
Printed Name: -
Title: ,tom!!' ... deo 1
Date: s` / _10 its
TENANT: T- Mobile Central LLC, a Delaware limited liability company
By:
Printed Name: Faisal Afridi
Title: Area Director
Date:
J
• •
[Notary block for Landlord!
jLandlord 1Votary block for a Corporation, Partnership, or Limited Liability Company]
STATE OF ILLINOIS � {� )
COUNTY OF
%�
lea-+' !t — j ss.
This instrument was acknowledged before me on e by 811,0 t rt) , [title]
1%U1&2--# ie 54 of— [type of entity], on behalf
of said _ [name of entity].
0
Dated:
Notary Pub
Print Namet�
My commission expires
hi
"OFFICIAL SEAL"
ROBERTA FREED
COMMISSION EXPIRES: 01f&12
(Use this space for notary stamp /seal)
(Notary block for Tenant!
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
I certify that 1 know or have satisfactory evidence that Faisal Afridi is the person who appeared before me, and said person acknowledged
that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Area Director, Engineering
and Operations, of T- Ndobile Central LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrurp /nt. ,,
Dated:
OFFICIAL SEAL
CATHERINE OLSEN
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:09124111
%V
(Use this space for notary stamp /seal)
Notary Public �+
Print Name
My commission expires
• 0
Memorandum of Lease Exhibit A
Legal Description
The Premises is legally described as follows:
THAT PART OF VILLAGE CAMPUS SUBDIVISION BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 42 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY AND IN THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 42 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN: COMMENCING AT THE
SOUTHWEST CORNER OF SAID VILLAGE CAMPUS SUBDIVISION; THENCE NORTH 34 DEGREES 20 MINUTES 09 SECONDS WEST
ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 262.35 FEET; THENCE NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST,
246.85 FEET TO THE POINT BEGINNING; THENCE CONTINUING NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST, 25.67 FEET;
THENCE SOUTH 34 DEGREES 19 MINUTES 58 SECONDS EAST, 13.00 FEET; THENCE SOUTH 55 DEGREES 40 MINUTES 02 SECONDS
WEST, 25.67 FEET; THENCE NORTH 34 DEGREES 19 MINUTES 58 SECONDS WEST, 13.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 334.00 SQUARE FEET, MORE OR LESS, ALL IN COOK COUNTY, ILLINOIS.
EXHIBIT C
Memorandum
of
Lease
MEMORANDUM OF LEASE
Part of PIN: 03 -05- 201 -042
A SITE LEASE (the "Lease ") by and between the Village of Buffalo Grove, an Illinois municipal corporation ( "Landlord") and T-
Mobile Central LLC, a Delaware limited liability company ( "Tenant") was made regarding a portion of the property referenced above:
See Attached Exhibit "A" incorporated herein for all purposes identifying Tenant's lease area.
The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date "). Tenant
shall have the right to extend this Lease for five (5) additional and successive five -year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to
sign.
LANDLORD: Village of Buffalo Grove, an Illinois municipal corporation
By:
Printed Name:
Title:
Date:
TENANT: T- Mobile Central LLC, a Delaware limited liability company
By:
Printed Name: Faisal Afridi
Title: Area Director
Date:
11
i�
[Notary block for Landlordl
[Landlord Notary block for a Corporation, Partnership, or Limited Liability Company]
STATE OF ILLINOIS )
) ss.
COUNTY OF )
This instrument was acknowledged before me on
of a
of said
Dated:
[name of entity].
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
[Notary block for Tenantl
STATE OF ILLINOIS
by
0
, [title]
[type of entity], on behalf
) ss.
COUNTY OF COOK )
I certify that I know or have satisfactory evidence that Faisal Af idi is the person who appeared before me, and said person acknowledged
that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Area Director, Engineering
and Operations, of T- Mobile Central LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
12
Memorandum of Lease Exhibit A
Legal Description
The Premises is legally described as follows:
THAT PART OF VILLAGE CAMPUS SUBDIVISION BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY AND IN THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN: COMMENCING AT THE
SOUTHWEST CORNER OF SAID VILLAGE CAMPUS SUBDIVISION; THENCE NORTH 34 DEGRESS 20 MINUTES 09 SECONDS WEST
ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 262.35 FEET; THENCE NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST,
246.85 FEET TO THE POINT BEGINNING; THENCE CONTINUING NORTH 55 DEGREES 40 MINUTES 02 SECONDS EAST, 25.67 FEET;
THENCE SOUTH 34 DEGREES 19 MINUTES 58 SECONDS EAST, 13.00 FEET; THENCE SOUTH 55 DEGREES 40 MINUTES 02 SECONDS
WEST, 25.67 FEET; THENCE NORTH 34 DEGREES 19 MINUTES 58 SECONDS WEST, 13.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 334.00 SQUARE FEET, MORE OR LESS, ALL IN COOK COUNTY, ILLINOIS.
13
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