Ordinance 2017-51 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2017-51
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A SITE ACCESS AGREEMENT WITH SMSA LIMITED
PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS
(6 10 Tower Lane)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 24'h day of October,2017
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on December 6,2017.
Ordinance No. 2017-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A SITE ACCESS AGREEMENT WITH SMSA LIMITED
PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS
(6 10 Tower Lane)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City is authorized pursuant to Section 11-76-1 of the Illinois Municipal
Code, 65 ILCS 5/11-76-1, to lease real estate owned by the City when it is no longer necessary,
appropriate,required for the use of,profitable to, or for the best interest of the City; and,
WHEREAS, the City maintains a water tower on property it owns at 610 Tower Lane
within the corporate boundaries of the City(the"Subject Property"); and,
WHEREAS, Chicago SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon")
has indicated an interest in entering into a lease agreement with the City for the placement of
certain equipment on the Subject Property in order to operate a cell tower thereon (the "Cell
Tower Lease"); and,
WHEREAS, Verizon has requested access to the Subject Property in order to conduct an
investigation as to its suitability as a site for a cell tower(the"Cell Tower Investigation"); and,
WHEREAS, the City has determined that it is in the best interests of its residents to
provide Verizon with access to the Subject Property in order to conduct the Cell Tower
Investigation and determine if it is feasible to enter into the Cell Tower Lease all in accordance
with the terms and conditions of a site access license agreement between the parties.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No.2017-
Page 2
Section 1. That the recitals in the preambles to this Ordinance are incorporated into this
Section 1 as if fully set forth herein.
Section 2. That the Site Access Agreement by and between Verizon and the City,
attached hereto and made a part hereof, is hereby approved and the Mayor, City Clerk, and City
Administrator are hereby authorized to execute and deliver said Agreement and undertake any
and all actions as may be required to implement its terms on behalf of the City.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,
this.day of A.D. 2017.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
1
t
SEAVER TARULIS ALEX HERNANDEZ
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of DFCEI1, 8E-P- ,A.D. 2017.
1114
MAYOR
Attest:
I -
CITY CLERK
Ordinance No.2017-
Page 3
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SITE ACCESS AGREEMENT
This Site Access Agreement(this"Agreement")is executed by Chicago SMSA Limited
Partnership d/b/a Verizon Wireless(the"Licensee"),with a business address of 180 Washington
Valley Road,Bedminster,NJ 07921,and United City of Yorkville(the"Licensor")whose mailing
address is 800 Game Farm Road, Yorkville,Illinois 60560.
BACKGROUND
As part of Licensee's consideration of real property(the"Property")located at 610 Tower
Lane,Yorkville,Kendall County,Illinois,as more fully described in Exhibit"A",attached,for the
placement,maintenance and use of a communications facility and appurtenant uses,the Licensor has
agreed to grant to Licensee and other persons described herein,a license,to enter upon the Property
to conduct activities to help Licensee assess the suitability of the Property for its intended use.These
activities may include,among other things,environmental inspection,testing and sampling activities
("Site Investigations")at the Property.
The purpose of this Agreement is to enter into a site access license governing the Site
Investigations that may be conducted by Licensee's authorized agents,contractors,consultants and
employees.
Licensee and Licensor agree as follows:
1. Authority to Grant a License. Licensor represents that it has the authority to grant the
access allowed by this Agreement and that there is no need to obtain the approval or consent of any
other party. The Licensor hereby grants a license to Licensee to conduct the Site Investigation.
2. Access to Property and Licensor's Consent. Licensor grants to Licensee and its agents,
advisors, employees, consultants, representatives, and independent contractors, including
environmental contractors and consultants hired directly or indirectly by Licensee(collectively,the
"Licensee Representatives"), the right, of ingress to, egress from, and access under, above, and
through,the Property for the purpose of performing the Site Investigation during Licensor's normal
business hours,Monday through Friday,7:00 a.m.to 3:30 p.m. The Site Investigation may include,
but is not necessarily limited to,activities intended to(1)review environmental, safety and health
conditions;(2)conduct radio tests,including the placing of radio broadcast/receive equipment on the
Property for necessary periods; (3) conduct physical, structural and geotechnical testing; and (4)
perform boundary and other surveys. These activities may, among other things, include the
collection and testing of samples of soil, water, building materials and other substances as more
specifically described in Exhibit`B",attached hereto and incorporated herein. Without limiting the
generality of the foregoing,the Licensee Representatives may drill into the soil,remove reasonable
amounts of soil, and perform other tests, actions, evaluations, procedures, and treatments to
complete its investigations in the locations of Licensee's proposed equipment installation identified
on attached Exhibit"C". The Licensee Representatives shall undertake all activities on the Property
in compliance with all applicable laws and shall use commercially reasonable efforts to minimize
any materials interference with Licensor's business operations on the Property. The cost of all such
VZW Site ID:YVHS
activities shall be the responsibility of Licensee (or the Licensee Representatives as arranged
between the Licensee Representative and the Licensee)and not Licensor.
3. Advance Notice. Licensee or Licensee Representatives shall give Licensor at least forty-
eight(48)hours advance notice,either orally(by telephone or in person)or by electronic message of
a planned activity that can reasonably be expected to require invasive activities into the Property's
subsurface,including notice of the areas of the Property that are expected to be materially affected
by any sampling, monitoring, installation, or similar action. Licensee Representatives shall
cooperate with Licensor to schedule the activities so as to minimize the extent and duration of any
interference with Licensor's operations. Licensee shall not take any actions that unreasonably
interrupt the normal operations of Licensor on the Property. Licensee further agrees that the Site
Investigations shall not cause interference to the use or enjoyment of the Property by Licensor and
any other parties or licensees located at the Property
4. Installation, Sampling, and Removal. Licensor shall cooperate with the Licensee
Representatives regarding all installation,monitoring,sampling,removal and related activities that
Licensee Representatives desire to conduct on the Property. At the Licensor's specific request,
Licensee Representatives shall use commercially reasonable efforts to schedule its activities to avoid
times of peak business activity on the Property.Licensee Representatives may use any electrical or
other utility outlets or connections on the Property to conduct its activities. Licensee
Representatives shall split all samples with Licensor upon Licensor's request, so long as Licensor
pays for any and all additional costs incurred by the Licensee Representatives in this regard. After
completing the activities contemplated by this Agreement, Licensee or Licensee Representatives
shall remove their equipment and restore any part of the Property that was affected by its activities to
a condition that is reasonably similar to the condition of the Property at the time immediately
preceding the commencement of said activities.
5. Indemnification. (a)Licensee shall indemnify and hold harmless Licensor for any penalties,
damages or costs that result from the negligence or willful misconduct,misrepresentation or breach
of warranty in this agreement by Licensee or Licensee representatives.
(b) Licensor shall indemnify and hold harmless Licensee and Licensee Representatives for any
penalties,damages or costs that result from the negligence or willful misconduct,misrepresentation
or breach of warranty in this agreement by Licensor including any damages or injuries to Licensee
Representatives persons and/or property which arise from or relate to any existing hazardous waste,
pollutant or hazardous substance presence or release associated with or related to the Property.
(c) The indemnification in this agreement shall only apply if prompt notice is provided to the
indemnifying party. The indemnity is conditioned on the following: (i)the indemnifying party has
the opportunity to fully manage any indemnified matter as it deems appropriate (including any
required remediation or defense of claims) with employees, agents, contractors, consultants and
attorneys of the indemnifying party's choosing and (ii) the reasonable cooperation of any
indemnified party (including the signing of any properly completed forms that will allow for the
continued current use of the property).
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VZW Site ID:YVHS
(d) The site access granted to the Licensee and/or Licensee Representatives pursuant to this
Agreement extends to any repair or restoration work required to remediate any damage to the
Property that is indemnified pursuant to this Section.
6. Test Results.
(a) Licensor understands and acknowledges that the environmental testing to be undertaken may
create legal duties applicable to Licensor if conditions of pollution are discovered and that except to
the extent required by law, neither Licensee nor Licensee Representatives have an obligation to
report any test results or conditions to any party as a result of this Agreement. Licensee and
Licensee Representatives will provide copies of test results to Licensor unless Licensor specifically
requests, in writing, prior to the start of testing, not to receive the test results from Licensee's
review. Licensor acknowledges that these tests are performed for Licensee's specific purposes and
cannot be relied on by Licensor in any way as being accurate or sufficient for any purposes.
Licensor agrees and acknowledges that it is not authorized to share,provide,disseminate,present,
and/or make available the test results to any third party unless required by law.
(b) In certain cases test results regarding the environmental conditions of the property may result in
a reporting obligation specific to Licensee or Licensee Representatives. In any of those cases,
Licensee or Licensee Representative shall, if reasonably possible, notify Licensor at least twenty
four(24)hours prior to making the notification but in any case within seventy two(72)hours after
making the notification to the appropriate agency. Licensor agrees that Licensee and Licensee
Representatives bear no responsibility for the costs resulting from that reporting and that Licensee
shall not become responsible for any conditions that it discovers during the Site Investigation.
(c) Licensor acknowledges and agrees that any samples that are taken during the activities
undertaken pursuant to this Agreement and any investigation-derived media(i.e.,drill cuttings,well
purge water) generated by the investigation may require off-site disposal based upon test results.
Licensor agrees to execute all properly completed waste manifests or other documents required for
proper disposal of test results. Licensor's obligation to sign any properly completed waste manifests
or other documents required for proper disposal survives this Agreement so long as those items that
require disposal were generated pursuant to this Agreement. The cost of off-site disposal of media
will be paid for by Licensee or the appropriate Licensee Representative,not Licensor.
(d) Licensee may use the results of the Site Investigation as it deems appropriate and may share the
results with third parties,including,but not necessarily limited to attorneys,consultants,contractors,
employees and regulators.
7. Termination.This Agreement shall terminate automatically on the earlier of:(1)execution
of a lease agreement for any part of the Property between Licensee and Licensor,or(2)a decision by
Licensee that the site is unsuitable;or(3)one hundred twenty(120)days from the latter signature of
this Agreement.
8. Waiver,Modification,Severability.An extension,amendment,modification,cancellation,
or termination of this Agreement will be valid and effective only if it is in writing and signed by
each party to this Agreement,except as provided otherwise in this Agreement. In addition,a waiver
3
VZW Site ID:YVHS
of any duty,obligation,or responsibility of a party under this Agreement will be valid and effective
only if it is evidenced by a writing signed by,or on behalf of,the party against whom the waiver or
discharge is sought to be enforced.Whenever possible,each provision of this Agreement should be
construed and interpreted so that it is valid and enforceable under applicable law. However, if a
provision of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, that provision will be deemed severable from the remaining provisions of this
Agreement and will not affect the validity, interpretation, or effect of the other provisions of this
Agreement or the application of that provision to other circumstances in which it is valid and
enforceable.
9. Assignment:Third Party Beneficiaries. Neither the entry of this Agreement or any action
taken by Licensee hereunder shall create any third party beneficiary or third party beneficiary rights.
10. Legal Matters.The validity,construction,enforcement,and interpretation of this Agreement
are governed by the laws of the State where the Property is located and the federal laws of the
United States of America.
11. Notices.Except for oral notices specifically authorized in this agreement,notices permitted
by this Agreement will be valid only if such notice is in writing,delivered personally or by e-mail,
telecopy, commercial courier, or first class, postage prepaid, United States mail (whether or not
certified or registered and regardless of whether a return receipt is requested or received by the
sender), and addressed by the sender to the intended recipient at its address set forth in the first
paragraph of this Agreement, or to such other address as the intended recipient may designate by
notice given to the sender in accordance with this section.A validly given notice,consent,demand,
request,or approval will be effective on the earlier of its receipt,if delivered personally or by e-mail,
telecopy,or commercial courier, or the third day after it is postmarked by the United States Postal
Service, if delivered by first class,postage prepaid,United States mail. Each party promptly shall
notify the other of any change in its mailing address or telephone contact number stated in this
Agreement.
12. Complete Agreement;Survival.This Agreement records the entire understanding between
the parties regarding the subjects addressed in it and supersedes any previous or contemporaneous
agreement, understanding,or representation, oral or written,by either of them.
13. Execution and Effectiveness.The parties may execute this Agreement in counterparts.Each
executed counterpart will constitute an original document,and all executed counterparts,together,
will constitute the same agreement.This Agreement will become effective upon the last signatory's
delivery of the fully executed document to the other party, and the last signatory shall fill in the
EXECUTED date below prior to such delivery.
4
VZW Site ID:YVHS
EXECUTED: DEC t ,2017.
LICENSOR:
United City of Yorkville
By: L&,i
Print Name:
Title: M A�69-
Date: /a/I It
LICENSEE:
Chicago SMSA Limited Partnership d/b/a
Verizon Wireless
By: Cellco Partnership, its general partner
By:
Print Name: arrV W.Rick
Title: Director Network PAW E~ny
Date:
The undersigned "Licensee Representative" has reviewed this Agreement and hereby agrees to
comply with all obligations pertaining to, and imposed on, Licensee Representatives contained
herein.
Agreed to and accepted by:
EBI Consulting
By:
Name: fed s0'r
Title:
Date:
5
VZW Site ID:YVHS
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT PARCEL OF LAND IN KENDALL COUNTY,STATE OF ILLINOIS,AS MORE FULLY
DESCRIBED IN DEED DOC#164595 AND DEED DOC#73-3386, ID#02-28-351-011, BEING
KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY.
6
VZW Site ID:YVHS
EXHIBIT B
SCOPE OF WORK
LEAD PAINT SURVEY
Physical sampling of representative suspect lead-containing painted on the water tower will be
conducted. The proposed scope of work includes the collection of up to two (2) paint chip
samples. Samples will be analyzed by a state licensed laboratory for total lead content by the Flame
Atomic Absorption EPA method SW846-7420 and reported as dry weight concentration in parts
per million (ppm) and/or micrograms per gram (ug/g).
LIMITED LEAD-IN-SOIL SAMPLING
The scope of services presented herein includes collection of up to three (3) soil samples and
subsequent laboratory analysis for lead content within Verizon's proposed lease area and
easements. Soil samples will be collected from representative areas of the Project Site, from a
depth of less than one foot below the ground surface, using a hand soil-boring tool or a garden
shovel. Samples will be analyzed by a state licensed laboratory. All samples will be analyzed for
total lead content by the Flame Atomic Absorption EPA method SW846-7420 and reported as dry
weight concentration in parts per million (ppm) and/or micrograms per gram (ug/g).
One sample will be analyzed for Lead via Toxicity Characterization Leaching Procedure (TCLP)
EPA method SW846-131 1/7420 and reported as concentration in ppm and milligrams per Liter
(mg/L).
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