Ordinance 2018-50 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-50
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,
APPROVING A WATER TOWER LEASE AGREEMENT WITH CHICAGO SMSA LIMITED
PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS
(Water Tower at 610 Tower Lane)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 25thday of September,2018
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on October 30,2018.
Ordinance No.2018-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY,ILLINOIS,APPROVING A WATER TOWER LEASE AGREEMENT
WITH
CHICAGO SMSA LIMITED PARTNERSHIP DOING BUSINESS AS
VERIZON WIRELESS
(Water Tower at 610 Tower Lane)
WHEREAS, the United City of Yorkville (the "City")is a duly organized, and
validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois
Constitution and the laws of the State of Illinois; and,
WHEREAS, the City has the authority to enter into leases of City property
pursuant to section 11-76-1 of the Illinois Municipal Code(65 ILCS 5/11-76-1); and,
WHEREAS, Chicago SMSA Limited Partnership has requested to lease a portion
of the property adjacent and on the water tower at 610 Tower Lane to install
telecommunications equipment and antenna structures on the water tower with easement
rights for access to the property and tower; and,
WHEREAS, the City pursuant to the above authority hereby finds that entering
into this lease agreement is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The Corporate Authorities of the United City of Yorkville hereby find
as facts all of the recitals in the preamble of this Ordinance and incorporate them as
though fully set forth herein.
Section 2: That the lease agreement between the United City of Yorkville and
Chicago SMSA Limited Partnership entitled, WATER TOWER LEASE AGREEMENT,
("Lease Agreement") attached hereto and incorporated herein as Exhibit A is hereby
approved and the Mayor and City Clerk are hereby authorized to execute and deliver said
Lease Agreement.
Section 3: That the officials, officers, and employees of the United City of
Yorkville are hereby authorized to take such further actions as are necessary to carry out
the intent and purpose of this Ordinance and the Lease Agreement.
Section 4: That this ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
Ordinance No.2018-5Q
Page 2
Ordinance No.2018-50
Page 3
Passed by the City Council of th United City of Yorkville, Kendall County,
Illinois this day of , 2018.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 30 day of QCT0,6E-R , 2018.
MAYOR
Ordinance No.2018-50
Page 3
SITE NAME:YVHS
SITE NUMBER:418754
ATTY/DATE:GJ
WATER TOWER LEASE AGREEMENT
This Agreement,made this 30 day of QM8F—R, ,2018,between United City of
the Village of Yorkville,a body politic and corporate of the State of Illinois,with its principal offices
at 800 Game Farm Road, Yorkville, Illinois 60560, hereinafter designated LESSOR and Chicago
SMSA Limited Partnership d/b/a Verizon Wireless,an Illinois limited partnership with its principal
offices at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone
number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times
collectively referred to hereinafter as the"Parties"or individually as the"Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby,the Parties hereto agree as follows:
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain space
("the Tower Space") on LESSOR's water tower, hereinafter referred to as the "Tower", located at
610 Tower Lane, Yorkville, Illinois 60560, (the entirety of LESSOR's property is referred to
hereinafter as the "Property"), together with an area of floor space within the enclosed base of the
Tower (the "Equipment Space") sufficient for the installation of LESSEE's equipment cabinets;
together with the non-exclusive right ("the Right of Way") for ingress and egress, subject to the
provisions of Paragraph 13, seven(7)days a week, twenty-four(24) hours a day, on foot or motor
vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables,
conduits,and pipes over, under,or along a twenty(20)foot wide right-of-way extending from the
nearest public right-of-way,Somonauk Street,to the Equipment Space;and together with any further
rights of way(the"Further Rights of Way")over and through the Property between the Equipment
Space and the Tower Space for the installation and maintenance of utility wires, poles, cables,
conduits,and pipes. The Tower Space,Equipment Space,Right of Way and Further Rights of Way,
if any, are substantially described in Exhibit "A", attached hereto and made a part hereof and are
collectively referred to hereinafter as the"Premises".
In the event any public utility is unable to use the Right of Way or Further Rights of Way,
LESSOR hereby agrees to grant an additional right-of-way(s) either to LESSEE or to the public
utility at no cost to LESSEE.
LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio
communications equipment,antennas and appurtenances described in Exhibit "B" attached hereto.
LESSEE reserves the right to replace the aforementioned equipment with similar and comparable
equipment provided said replacement does not increase tower loading of said Tower.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property
and Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and
made a part hereof, and shall control in the event of boundary and access discrepancies between it
and Exhibit "A". Cost for such work shall be borne by LESSEE.
3. TERM,• RENTAL,ELECTRICAL.
a. This Agreement shall be effective as of the date of execution by both
Parties, provided,however, the initial term shall be for five(5) years and shall commence on the
Commencement Date(as hereinafter defined)at which time rental payments shall commence and
be due at a total annual rental of Thirty Four Thousand Eight Hundred and 00/100 Dollars
($34,800.00)to be paid in equal monthly installments on the first day of the month,in advance,to
LESSOR,United City of Yorkville,Attention: Finance Director,800 Game Farm Road,Yorkville,
Illinois 60560 or to such other person, firm or place as LESSOR may,from time to time,designate
in writing at least thirty (30) days in advance of any rental payment date by notice given in
accordance with Paragraph 25 below. The Agreement shall commence based upon the date
LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE
commences installation of the equipment on the Premises falls between the 1` and 151h of the
month, the Agreement shall commence on the 11 of that month and if the date installation
commences falls between the 16`h and 315`of the month, then the Agreement shall commence on
the 0 day of the following month (either the "Commencement Date'). LESSOR and LESSEE
agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE
acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until
thirty(30)days after a written acknowledgement confirming the Commencement Date. By way
of illustration of the preceding sentence, if the Commencement Date is January l and the written
acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send
to LESSOR the rental payments for January 1 and February 1 by February 13.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE.
b. LESSOR hereby agrees to provide to LESSEE certain documentation(the
"Rental Documentation")evidencing LESSOR's interest in,and right to receive payments under,
this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in
LESSEE's reasonable discretion,evidencing LESSOR's good and sufficient title to and/or interest
in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete
and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to
LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement;and
(iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time
to time during the Term of this Agreement and within thirty(30) days of a written request from
LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably
acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance
with the provisions of and at the address given in Paragraph 25. Delivery of Rental Documentation
to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding
anything to the contrary herein, LESSEE shall have no obligation to make any rental payments
until Rental Documentation has been supplied to LESSEE as provided herein.
Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any
assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE
Rental Documentation in the manner set forth in the preceding paragraph. From time to time
during the Term of this Agreement and within thirty(30)days of a written request from LESSEE,
any assignee(s)or transferee(s)of LESSOR agrees to provide updated Rental Documentation in a
2
form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any
assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for
the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary
herein, LESSEE shall have no obligation to make any rental payments to any assignee(s),
transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been
supplied to LESSEE as provided herein.
C. LESSOR shall, at all times during the Term, provide access to electrical
service and telephone service within the Premises. If•permitted by the local utility company
servicing the Premises,LESSEE shall furnish and install an electrical meter at the Premises for the
measurement of electrical power used by LESSEE's installation. In the alternative, if permitted
by the local utility company servicing the Premises,LESSEE shall furnish and install an electrical
sub-meter at the Premises for the measurement of electrical power used by LESSEE's installation.
In the event such sub-meter is installed, LESSEE shall pay the utility directly for its power
consumption, if billed by the utility, and if not billed by the utility, then LESSEE shall pay
LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount
based upon LESSOR's reading of the sub-meter.All invoices for power consumption shall be sent
by LESSOR to LESSEE at Verizon Wireless, M/S 3846, P.O. Box 2375, Spokane, WA 99210-
2375 or via email to livebills@ecova.com.LESSEE shall be permitted at any time during the Term,
to install,maintain and/or provide access to and use of,as necessary(during any power interruption
at the Premises), a temporary power source, and all related equipment and appurtenances within
the Premises,or elsewhere on the Property in such locations as reasonably approved by LESSOR,
with the initial proposed location as listed in Exhibit B. LESSEE shall have the right to install
conduits connecting the temporary power source and related appurtenances to the Premises.
4. EXTENSIONS. This Agreement shall automatically be extended for three (3)
additional five (5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current term.
5. EXTENSION RENTALS. The annual rental shall increase on each anniversary of
the Commencement Date by an amount equal to three percent(3%)of the total annual rent for the
previous lease year.
6. Intentionally Omitted.
7. TAXES. LESSEE shall have the responsibility to pay any personal property,real
estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of
LESSEE's improvements,and any sales tax imposed on the rent(except to the extent that LESSEE
is or may become exempt from the payment of sales tax in the jurisdiction in which the Property
is located),including any increase in real estate taxes at the Property which LESSOR demonstrates
arises from LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and
LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other
charges imposed including franchise and similar taxes imposed upon the business conducted by
LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the
obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in
3
appropriate proceedings prior to a final determination that such tax is properly assessed provided
that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making
LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or
otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any
personal property, real estate taxes,assessments,or charges owed on the Property and shall do so
prior to the imposition of any lien on the Property.
LESSEE shall have the right,at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's
expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
preceding sentence, including but not limited to, executing any consent, appeal or other similar
document. In the event that as a result of any appeal or challenge by LESSEE,there is a reduction,
credit or repayment received by LESSOR for any taxes previously paid by LESSEE, LESSOR
agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In
the event that LESSEE does not have the standing rights to pursue a good faith and reasonable
dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole
cost and expense upon written request of LESSEE.
8. USE,• GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining,repairing and operating a communications facility and uses
incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's
expense and their installation shall be at the discretion and option of LESSEE The initial
installation shall be in accordance with the plans attached as Exhibit B. Notwithstanding the
foregoing, if LESSEE desires to make any interior or exterior improvements which vary from
plans attached hereto as Exhibit B,including but not limited to increasing the number of antennas
and Tower mounted equipment within the leased Tower Space as shown on Exhibit A, the plans
for such improvements shall be submitted to and are subject to LESSOR's approval,such approval
not to be unreasonably denied. As used in this paragraph, such improvements do not include the
replacement of existing equipment or antennas with new, same or"like kind"replacements. It is
also acknowledged by LESSEE that it must comply with the standards and guidelines set forth in
a letter presented by Engineering Enterprises,Inc.dated March 12,2018 as incorporated in Exhibit
D herein in connection with its initial installation of LESSEE's communications equipment,
antennas,appurtenances and utilities. It is understood and agreed that LESSEE's ability to use the
Premises is contingent upon its obtaining after the execution date of this Agreement all of the
certificates,permits and other approvals(collectively the"Governmental Approvals")that may be
required by any Federal, State or Local authorities as well as satisfactory soil boring tests and
structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR
shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which
would adversely affect the status of the Property with respect to the proposed use thereof by
LESSEE. In the event that(i)any of such applications for such Governmental Approvals should
be finally rejected;(ii)any Governmental Approval issued to LESSEE is canceled,expires,lapses,
or is otherwise withdrawn or terminated by governmental authority;(iii) LESSEE determines that
such Governmental Approvals may not be obtained in a timely manner; (iv)LESSEE determines
that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the
Premises is no longer technically or structurally compatible for its use,or(vi) LESSEE, in its sole
4
discretion,determines that the use the Premises is obsolete or unnecessary,LESSEE shall have the
right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be
given to LESSOR in writing by certified mail,return receipt requested,and shall be effective upon
the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All
rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this
Agreement shall be of no further force or effect except to the extent of the representations,
warranties and indemnities made by each Party to the other hereunder. Otherwise,LESSEE shall
have no further obligations for the payment of rent to LESSOR.
9. INDEMNIFICATION. Subject to Paragraph 10 below,each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
10. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the Premises or to
the Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage,regardless of whether or not,or in what amounts,such
insurance is now or hereafter carried by the Parties,or either of them.These waivers and releases
shall apply between the Parties and they shall also apply to any claims under or through either
Party as a result of any asserted right of subrogation. All such policies of insurance obtained by
either Party concerning the Premises or the Property shall waive the insurer's right of subrogation
against the other Party.
b. LESSEE each agree that at its own cost and expense, each will maintain
commercial general liability insurance with limits of$2,000,000 per occurrence for bodily injury
(including death) and for damage or destruction to property. LESSEE agrees that it will include
the other Party as an additional insured as their interest may appear under this Agreement.
11. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs
9 and 31,neither Party shall be liable to the other,or any of their respective agents,representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data,or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three(3)months prior notice is given to LESSOR.
i
13. ACCESS TO TOWER. LESSOR agrees LESSEE shall have free access to the
Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall
5
furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site
and Tower location. It is agreed,however,that only authorized engineers, employees or properly
authorized contractors of LESSEE and shall have twenty-four (24) hour, seven (7) days a week
access to its Premises for the purposes set forth in this Agreement,but shall notify LESSOR prior
to accessing the Tower at least twenty-four(24)hours in advance by calling the Director of Public
Works at(630)878-7102. LESSEE may also gain access to Tower on an emergency basis, which
term shall be defined as any time LESSEE's communications facility shall become partially or
completely inoperable, also by calling(630) 878-7102 prior to accessing the Tower. In the event
LESSEE must perform repair or installation to LESSEE equipment on the exterior of the Tower,
it shall also coordinate such installation activity with LESSOR.
14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good
repair as required by all Laws(as defined in Paragraph 35 below).LESSOR shall also comply with
all rules and regulations enforced by the Federal Communications Commission with regard to the
lighting, marking and painting of towers, except to the extent it relates to the specific placement
and use of LESSEE's equipment. If LESSOR fails to make such repairs including maintenance
LESSEE may make the repairs and the costs thereof shall be payable to LESSEE by LESSOR on
demand together with interest thereon from the date of payment at the greater of(i) ten percent
(10%)per annum,or(ii)the highest rate permitted by applicable Laws. If LESSOR does not make
payment to LESSEE within ten (10) days after such demand, LESSEE shall have the right to
deduct the costs of the repairs from the succeeding monthly rental amounts normally due from
LESSEE to LESSOR.
No materials may be used in the installation of the antennas or transmission lines that will
cause corrosion or rust or deterioration of the Tower structure or its appurtenances.
All antenna(s)on the Tower must be identified by a marking fastened securely to its bracket
on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any
user's equipment space.
Not later than fifteen (15)days following the execution of this Agreement, LESSOR shall
supply to LESSEE copies of all structural analysis reports that have been done with respect to the
Tower and throughout the Term, LESSOR shall supply to LESSEE copies of all structural analysis
reports that are done with respect to the Tower promptly after the completion of the same.
Upon request of LESSOR,LESSEE agrees to relocate its equipment on a temporary basis to
another location on the Property, hereinafter referred to as the "Temporary Relocation," for the
purpose of LESSOR performing maintenance,repair or similar work at the Property or on the Tower
provided:
a. The Temporary Relocation is similar to LESSEE's existing location in size and is fully
compatible for LESSEE's use,in LESSEE's reasonable determination;
b. LESSOR gives LESSEE at least ninety (90) days written notice prior to requiring
LESSEE to relocate;
c. LESSEE's use at the Premises is not interrupted or diminished during the relocation
6
and LESSEE is allowed,ifnecessary,in LESSEE's reasonable determination,to place
a temporary installation on the Property during any such relocation;and
d. Upon the completion of any maintenance, repair or similar work by LESSOR,
LESSEE is permitted to return to its original location from the temporary location.
15. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed on
the Property prior to the date this Agreement is executed by the Parties. In the event any after-
installed LESSEE's equipment causes such interference,and after LESSOR has notified LESSEE
in writing of such interference, LESSEE will take all commercially reasonable steps necessary to
correct and eliminate the interference,including but not limited to,at LESSEE's option,powering
down such equipment and later powering up such equipment for intermittent testing. In no event
will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE
is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR
and/or any other tenants of the Property who currently have or in the future take possession of the
Property will be permitted to install only such equipment that is of the type and frequency which
will not cause harmful interference which is measurable in accordance with then existing industry
standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not
be an adequate remedy at law for noncompliance with the provisions of this Paragraph and
therefore, either Party shall have the right to equitable remedies, such as, without limitation,
injunctive relief and specific performance.
16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Tenn,or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its
original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and
acknowledges that all of the equipment,conduits,fixtures and personal property of LESSEE shall
remain the personal property of LESSEE and LESSEE shall have the right to remove the same at
any time during the Term, whether or not said items are considered fixtures and attachments to
real property under applicable Laws. If such time for removal causes LESSEE to remain on the
Premises after termination of this Agreement,LESSEE shall pay rent at the then existing monthly
rate or on the existing monthly pro-rata basis if based upon a longer payment term,until such time
as the removal of the building, antenna structure, fixtures and all personal property are completed.
17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any
part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein,unless
the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties
are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds
over in violation of Paragraph 16 and this Paragraph 17,then the rent then in effect payable from
and after the time of the expiration or earlier removal period set forth in Paragraph 16 shall be
equal to the rent applicable during the month immediately preceding such expiration or earlier
termination.
18. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or
otherwise transfer all or any portion of the Property,whether separately or as part of a larger parcel
7
of which the Property is a part,or(ii)grant to a third party by easement or other legal instrument
an interest in and to that portion of the Tower and or Property occupied by LESSEE, or a larger
portion thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, with or without an assignment of this Agreement to such third party,
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty
(30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or
interest in the Property or portion thereof to such third person in accordance with the terms and
conditions of such third party offer.For purposes of this Paragraph,any transfer,bequest or devise
of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or
intestate succession,or any conveyance to LESSOR's family members by direct conveyance or by
conveyance to a trust for the benefit of family members shall not be considered a sale of the
Property for which LESSEE has any right of first refusal.
19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i)
to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than
LESSEE,or(ii)to grant to a third party by easement or other legal instrument an interest in and to
that portion of the Tower and or Property occupied by LESSEE,or a larger portion thereof,for the
purpose of operating and maintaining communications facilities or the management thereof, such
sale or grant of an easement or interest therein shall be under and subject to this Agreement and
any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of
this Agreement. To the extent that LESSOR grants to a third party by easement or other legal
instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE
for the purpose of operating and maintaining communications facilities or the management thereof
and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be
released from its obligations to LESSEE under this Agreement,and LESSEE shall have the right
to look to LESSOR and the third party for the full performance of this Agreement.
20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein,shall peaceably and quietly have, hold and enjoy the Premises.
21. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement,and covenants during the Term that LESSOR is seized of good and sufficient title
and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens,judgments or impediments of
title on the Property, or affecting LESSOR's title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
22. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements,promises or understandings shall be binding upon either LESSOR or LESSEE in
any dispute, controversy or proceeding at law, and any addition,variation or modification to this
Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written
acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement
is found to be invalid or unenforceable,such finding shall not affect the validity and enforceability
of the remaining provisions of this Agreement. The failure of either Party to insist upon strict
o f
O
i
{
performance of any of the terms or conditions of this Agreement or to exercise any of its rights
under the Agreement shall not waive such rights and such Party shall have the right to enforce
such rights at any time and take such action as may be lawful and authorized under this Agreement,
in law or in equity.
23. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State in which the Property is
located.
24. ASSIGNMENT. This Agreement may be sold,assigned or transferred by LESSEE
without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE's assets in the market
defined by the Federal Communications Commission in which the Property is located by reason
of a merger,acquisition or other business reorganization. As to other parties,this Agreement may
not be sold,assigned or transferred without the written consent of LESSOR,which such consent will
not be unreasonably withheld,delayed or conditioned. No change of stock ownership,partnership
interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE
shall constitute an assignment hereunder.
25. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to the
addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows(or any other address that the Party to be notified may have designated to the
sender by like notice):
LESSOR: United City of the Village of Yorkville
800 Game Farm Rd.
Yorkville,IL 60560
LESSEE: Chicago SMSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster,New Jersey 07921
Attention:Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
27. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later
than fifteen(15) days following the execution of this Agreement,a Non-Disturbance Agreement,
as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any,of the
Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease,
ground lease,mortgage,deed of trust or other security interest(a"Mortgage")by LESSOR which
9
from time to time may encumber all or part of the Property, Tower or right-of-way; provided,
however, as a condition precedent to LESSEE being required to subordinate its interest in this
Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for
LESSEE's benefit a non-disturbance and attomment agreement in the form reasonably satisfactory
to LESSEE, and containing the terms described below(the "Non-Disturbance Agreement"), and
shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long
as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The
Non-Disturbance Agreement shall include the encumbering party's("Lender's")agreement that,if
Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a
"Purchaser") acquires an ownership interest in the Tower or Property, Lender or such
successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill
LESSOR's obligations under the Agreement, and (3) promptly cure all of the then-existing
LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on
all of Lender's participants in the subject loan(if any)and on all successors and assigns of Lender
and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement,
LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the
Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2)
agrees to attorn to Lender if Lender becomes the owner of the Tower or Property and (3) agrees
accept a cure by Lender of any of LESSOR's defaults,provided such cure is completed within the
deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other
performance of any mortgage or other real property interest encumbering the Property, LESSEE,
may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing
so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of
such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff
against all rents that may otherwise become due under this Agreement the sums paid by LESSEE
to cure or correct such defaults.
28. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
29. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen(15)days in which to cure any monetary breach and thirty(30)days in which to
cure any non-monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty(30)days and LESSEE commences the cure within the thirty(30)day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain
any action or effect any remedies for default against LESSEE unless and until LESSEE has failed
to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it,LESSEE shall give LESSOR written notice
S
10
of such breach. After receipt of such written notice,LESSOR shall have thirty(30)days in which
to cure any such breach, provided LESSOR shall have such extended period as may be required
beyond the thirty(30) days if the nature of the cure is such that it reasonably requires more than
thirty(30)days and LESSOR commences the cure within the thirty(30)day period and thereafter
continuously and diligently pursues the cure to completion.LESSEE may not maintain any action
or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the
breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the
contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after
receipt of written notice of such breach, to perform an obligation required to be performed by
LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct
its business on the Property;provided,however,that if the nature of LESSOR's obligation is such
that more than five (5) days after such notice is reasonably required for its performance, then it
shall not be a default under this Agreement if performance is commenced within such five(5)day
period and thereafter diligently pursued to completion.
30. REMEDIES. Upon a default, the non-defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf,including but not limited to the obtaining of reasonably required insurance policies.
The costs and expenses of any such performance by the non-defaulting Party shall be due and
payable by the defaulting Party upon invoice therefor. In the event of a default by either Party
with respect to a material provision of this Agreement, without limiting the non-defaulting Party
in the exercise of any right or remedy which the non-defaulting Party may have by reason of such
default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or
hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in
which the Premises are located; provided, however, LESSOR shall use reasonable efforts to
mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of
LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE,and LESSOR shall pay
to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date
of payment at the greater of(i) ten percent(10%) per annum, or(ii)the highest rate permitted by
applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full
undisputed amount within thirty(30)days of its receipt of an invoice setting forth the amount due
from LESSOR,LESSEE may offset the full undisputed amount,including all accrued interest,due
against all fees due and owing to LESSOR until the full undisputed amount,including all accrued
interest,is fully reimbursed to LESSEE.
31. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any and
all environmental and industrial hygiene laws, including any regulations,guidelines, standards,or
policies of any governmental authorities regulating or imposing standards of liability or standards
of conduct with regard to any environmental or industrial hygiene conditions or concerns as may
now or at any time hereafter be in effect, that are or were in any way related to activity now
conducted in, on, or in any way related to the Tower or Property, unless such conditions or
concerns are caused by the specific activities of LESSEE in the Premises.
11
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation,investigation or proceeding which is in any way related to:a)failure to comply with any
environmental or industrial hygiene law, including without limitation any regulations, guidelines,
standards,or policies of any governmental authorities regulating or imposing standards of liability
or standards of conduct with regard to any environmental or industrial hygiene concerns or
conditions as may now or at any time hereafter be in effect, unless such non-compliance results
from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions
arising out of or in any way related to the condition of the Tower or Property or activities conducted
thereon,unless such environmental conditions are caused by LESSEE.
32. CASUALTY. In the event of damage by fire or other casualty to the Tower or
Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
same or,if the Property is damaged by fire or other casualty so that such damage may reasonably
be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days,
then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not
completed the restoration required to permit LESSEE to resume its operation at the Premises,
terminate this Agreement upon fifteen(15)days prior written notice to LESSOR. Any such notice
of termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall
abate during the period of repair following such fire or other casualty in proportion to the degree
to which LESSEE's use of the Premises is impaired.
33. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Tower,LESSEE,in LESSEE's sole discretion,is unable to use the Premises for
the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt
LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at
LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have
given LESSEE written notice of such taking(or in the absence of such notice, within fifteen(15)
days after the condemning authority shall have taken possession)terminate this Agreement as of
the date the condemning authority takes such possession. LESSEE may on its own behalf make a
claim in any condemnation proceeding involving the Premises for losses related to the equipment,
conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its
leasehold interest). Any such notice of termination shall cause this Agreement to expire with the
same force and effect as though the date set forth in such notice were the date originally set as the
expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such
termination date with respect to payments due to the other under this Agreement. If LESSEE does
not terminate this Agreement in accordance with the foregoing,this Agreement shall remain in full
force and effect as to the portion of the Premises remaining, except that the rent shall be reduced
in the same proportion as the rentable area of the Premises taken bears to the total rentable area of
12
the Premises. In the event that this Agreement is not terminated by reason of such condemnation,
LESSOR shall promptly repair any damage to the Premises caused by such condemning authority.
34. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid,it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement.Each of the Parties hereto warrants
to the other that the person or persons executing this Agreement on behalf of such Party has the
full right,power and authority to enter into and execute this Agreement on such Party's behalf and
that no consent from any other person or entity is necessary as a condition precedent to the legal
effect of this Agreement.
35. APPLICABLE LAWS. During the Term,LESSOR shall maintain the Property and
all structural elements of the Premises in compliance with all applicable laws,rules, regulations,
ordinances, directives,covenants, easements, zoning and land use regulations,and restrictions of
record,permits,building codes,and the requirements of any applicable fire insurance underwriter
or rating bureau, now in effect or which may hereafter come into effect (including, without
limitation, the Americans with Disabilities Act and laws regulating hazardous substances)
(collectively"Laws"). LESSEE shall,in respect to the condition of the Premises and at LESSEE's
sole cost and expense,comply with(a) all Laws relating solely to LESSEE's specific and unique
nature of use of the Premises (other than general office use); and (b)all building codes requiring
modifications to the Premises due to the improvements being made by LESSEE in the Premises.
36. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
37. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
[Signature Page to Follow]
13 j
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LESSOR:
United Ci of the Village of Yorkville
By:
WITNESS Name: C 411y
Its: l I AYok
bE-po 7Y C t-ry C LCRK Date:Lao 8
LESSEE:
Chicago SMSA Limited Partnership
d/b/a Verizon Wireless
By: Cellco P e h' , its ge ral partner
By:
WITNESS Nam , James R. Martin
irec r-Nelft!k Fieldng1 nng
Its:
C/' Z22
L .L[� Date• Z //X
14
EXH BIT A
Site No.LOC.#418754
Leeal Descriptions
Parent Parcel
PT LTS 3 &4 BLK 2 PT VAC ST GALES 2ND ADDN BRISTOL CITY OF YORKVILLE(WATER
TOWER&MAINTENANCE BLDG)
PT LTS 5 6< ADJ TO NORTH BLK 3 GALES 2ND ADDN BRISTOL CITY OF YORKVILLE
(CITY OFFICE BLDG)
Proposed 20.00'wide Access&Utility Easement
A 20.00 foot wide easements in that part of Lots 4 and 5 in Block 2 and part of vacated Park Street(60
feet wide),all in Gales Second Addition to Bristol,part of the Southwest 1/4 of Section 28,Township 37
North,Range 7 East of the Third Principal Meridian,City of Yorkville,Kendall County,Illinois recorded
in plat book 4,page 9 Kendall County Records;the centerline of which is described as; Commencing at a
found monument at the southwesterly corner of Apple Tree Courts,City of Yorkville,Kendall County,
Illinois as recorded in Instrument No. 72-2891 Kendall County Records;thence South 02104'18"East
299.23 feet along west line of said Gales Second Addition;thence North 87°55'42"East 49.10 feet TO
THE PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION;thence South 43133'40" West
54.69 feet;thence South 02°04'18"East 380.17 feet to the north line of West Somonauk Street for the
place of ending of this centerline description.The sidelines to be lengthened and/or shortened to terminate
at angle points at said northerly right of way line.
Proposed 5.00'wide Utility Easement
A 5.00 foot wide easement in that part of Lots 4 and 5 in Block 2 and part of vacated Park Street of Gales
Second Addition to Bristol,part of the Southwest 1/4 of Section 28,Township 37 North,Range 7 East of
the Third Principal Meridian,City of Yorkville,Kendall County,Illinois recorded in plat book 4,page 9
Kendall County records; described as; Commencing at a found monument at the southwesterly corner of
Apple Tree Courts,City of Yorkville,Kendall County, Illinois as recorded in Instrument No. 72-2891
Kendall County Records;thence South 02'04'18"East 217.16 feet along the west line of said Gales
Second Addition TO THE PLACE OF BEGINNING OF THIS DESCRIPTION;thence North 87°5533"
East 5.00 feet;thence South 02104'27"East 33.57 feet;thence South 87°22'36"East 73.09 feet;thence
South 00°11'05" West 97.72 feet;thence North 87°22'36"West 49.16 feet;thence South 02°04'18"East
341.38 feet;thence South 13°31'24"East 25.18 feet to the north line of West Somonauk Street;thence
South 84°19'37"West 10.02 feet along said north line;thence North 02°04'18" West 372.12 feet; South
87122'36"East 49.37 feet;thence North 00°11'05"East 87.71 feet;thence North 87022'36" West 72.90
feet;thence North 02°04'18" West 38.17 feet for the place of beginning of this description.
Exhibit`B"
Lessee's Premises and Proposed Installation and Permitted Equipment
(see attached plans)
16
Js OI.FK IIt g g
�y-IPF 3 sags .r�aext ,�i+ 1
,Ilii �
o,LEs zRo FF
ADIk,WJR BidLiq•
UTT OF
BLOCK S I . tx,rxWRKM.AL ^�
��, � iqY..AWMxWRSM I + ii
i
LVRlEO Gif CF %nE
,0./N:EOi YORK'M:E [ }"' (,Xy^.
PARCE:.WC.ouLcm
WO,INTEOOMTW
ucx PwTrR r-AWKOJdERT .R
PJEAARf-1 SI,EET1ptEtE11J_ -- � i L ii j I
,STORY
("-CATCO PAaN S,R{E i) I d v! I
(80'RR7E) �
PROPOREI mVROE ACCAIR wa• _ �' ._�� I I I
AII/YTRITY PNEIIEM-._..
.p euR,cs 1),,Uvwc q%
iRUSf
VN, fo
PxJ
MWNVIt,(LYhIN . � O=-jd-SNC=4
PARC(t Rc. yRERi_R,:K}ryJ1l+ '�`!a+l "-"• ��' • I. ' i
REwERi f�(,"R IEES
R BLOCK 1 I
vARCE.R i1 �F7 56�1 �
AWEUSF O W I
_ V t11WKi TK Si I I
PARE• I
cYA `tis"
PROE,JEEO raKamwmo wPF4 1
Ebrdy RO.wtTo IETAR,ar T..o.wTRLSJ -- --� a LOC.#4187$4
I RA CFA
Rl SSE R R
I„OP06ED WJOFROROOMO W r. j RASR ,
COWQ,ITw/i1),•Y.•IY.RdICTbw �` °AR4t WO r Y/}s
,�,o„ fPuuRoro Ji1011 sRTAR nAETPaPnro 0=-7d- ._o,< 4`L'pp•• E -R
wat.0 mo. PERITMT,OROHMTiO,TovQR �-a
Mu EY TIO PIES � �^=•`�
LF.) 00-i
--
MAR C.•A I j
p0~0 PMR RU5sE L R 3 .
aM ---ARR 61670WERLM*
nAa
,uwwtEwaa
i ;,t vD. ;�..�— —� YORKVN.lE.IL60566
111 i a m s ��vorks 02-20-_,__,.
I P.ERPROVAIEA � _ J`
Bt6,22a150D pRa,e. 6ttY2d,t561 fITEYnEe �•��� tom- �_�.... _._._-.._.'K._
SdB ORRYAAV hw . Gm'd RApWs.1M %00 •^�-- ,�... AW AN TIJUTOPAR
P PRWgEAPPROKITJATEST6Es]AOw OdbWO..
ARP/,NATEV ff*AW RORO•WTRR TSORSI At
�� cooloNRaewErRARrerdutcoRTRdcrw.AsrAowa I wn n•'^'
Bt,/1JCLEV.635-02" -------- -!- ASIA ANOTEI.ORARY R(YO TNAT RtAOcIPfIWfYOTNE
DEXRIP'.ION:BOK CUT WEST SIDE CONCRETE BASE -'`�— oMMFR.I]MRaAI�A NOTIMPORARVROMSw LIE ^bd-• aam
0E.7m TOWER. _— -_�••�" REdTdIAOmdIOISWOCORpTbNSAI JRfCESMRv tPOW _.__..._.. ...
OOt.{ERORorTNe PROJECT. r.....---aEwm,e
LOCATION PLAN _
FIBER COORDINATION IS NOT I 1OCATION PLIW TKE OO.i,NOTOR wLt I,oR KOOMI OAW.Rl oP SVMORPACE 0R 4TA,R RINRI AWo0Rw0oowTRUCiK,M TKA ooRTRJtTq ,
ewE.r.3Tr wna«riroallomowoEnRwsPRorTNoaeoruclEOlrTKeaaoRwtloa awuvRo+naAxow]IERaaRwNTRatAs
COMPLETE(PENDING FIBER CONTACT). RwEsnwmNwowtr+owi�rK6ncrnEowNeRVERldttvNnw,wmnKo. KeulanRVNTNErowaPx]PENaaPORTNEI,iE oEx'R
ASTO THE NA1UIWW WAo.PARwOOrnd„11oRS.T,o Y.IJ.AAYT,Q Lo,JTRACTOI, ANO W[iARO.ROAMI ESRS,b,OyNM,o,,ES.NdETS.011
PRIORTO CONSTRUCTION,CONTACT ooWrRACTanRJ!sPamete s«AKP OAwoe Touu.T.w►AwJEKi. rw AN.caianar or�inw ERor TNOEI nMnnvAanwTxE nAwlAw umrAw suEce/rett=660 .10 LP
DESIGNER FOR UPDATE. MWMLPMOTO.%V"V10�WAKEUST04PAYSNExrPR,O, sPEV1iAT,ORAKoOISG[0SlOIYTKEIcaITVOEIVptIE,EtaRawtEas eoWTRourAI.REsa.utmPERKONXLrMgPEOTEO
To oOWSTWWTMK-Y OARSMW CNMEo oURIGO-R`-OIpNwWLs[ TWR aaxrRAnd+tAS SO WOTMD TKAO—M.%MRW&LY AWORJVAI.wO AS roaeuRE PROPER PUWOT,OW.EPdR>w COWTROL SxNI
REP,ALEDroAiOITMo.ATTER CORodOWATROAOWTbWAt CORY. RTJ]UwEOAKNA,oE SUC11dPR11RUiUO+,RPWCEOOWR,ONs. K0.lMMOUPORfCYPttigWOPRV01Ut
N
st W
oil
=y a
:s � • • _ I t� E �
F1 InM %l 1 STORYIYI-- ----._..
ALYYMM
i}
1 M1kD'M6 ,Y.YA�eAPYY Av{F
4 I
;Jilt
I ,I ........
-
-
1
JE $ $)
I
`
WJE �\
—Rec—l E lrsTAOTeJre
w
�aARa
.. :::... v ..
,
l. am
_.....__.T
� ._.-... ._._ ;•. fluilRxilxldl:'
.676
em"-
i
Y IE umDRR/ axwTow
6,uRY ! I r
'P �E 1 • I
I 1 o
c oas—SCMIIFTS rLOC.#418754
IIOum TOUY111.- S Dko ROHM"
jWy
/ 1 C tA6TM600011—�'\ /t 6Amm T VI IJ
� .lanTR4unm
hexer•: /InRaoaloore ! /+j_ lxYTYxi
C. IF� {uwYTlovlkm! ! _�� ' csaRlln
.a / / YRDPOS6 crwm/'AtISRWTEDIMNM7FJ!
TATR�Ell 6,R11CRpx•1ELTS lDROETALS 610 TOYIIER LANE
(am"4 i 61rmnRD YORMULE tLSow
uCIAMI IRID \\• - '^R"""`""R1e J PRu.6foi�a n—mi iiiw,
UMMINAMR hG / / 0 '1MPCTONRII
/ 61ll AIIfq SRlETPo11QNJ 1 `dWe
TQ
gg$MPM*W .-.....Tg: �.—_l%SiIStl COICRfIE YTL MMn1
a.1M+aHwA 1
caRwscar+ER6AT2-36OATT ---
1
I ON ulY CABNJI?"1.6T frrMEwry) Jo e� L___J lMSTRA,Pl1Q
ill a , s W o r�e s �. 7960LB61750L68EMiY, , , NLAROP
.MSSSv' .._.N,.. •rdwP/..a. 4 '0 Faun rPEF4W2- _..... PLAN
G%2K1S60Ol e. 61621!.1501 ftoklllI 1
wo6RwA-KW M&,dR6pi*N4MM prxll.rxaP�.ee•Ta16s
BIdAI}ELEV.63302' PnaPAusmaY I ' /�
! pESCRIPiI0 -vox CUT WEST MIX CONCREIE BASE ■-��
OF*A;.ER I(ANER. Y�o�.eYiwYP 1PROPaSED 7pT10l Ace[il, C
{ .eum iAq VRRY Wl1AlMT J ENLIIRDEDSITE:p—
RF EMISSIONS REPORT REQUIRED
OYES ONO
DATE OF fWPMT.
I HYBRIDtENo71r ,
AT GROUND AT STRUCTURE .pp
xr. II+x w I wr Isaama
._. ._.NOR I.1YExlp NOR kr RAYCMa(4 TOTALtN 1 3
lllwOSFO WMKIMATON ..I 4MTwM1� O.tl..Ar NAW � 10' Q 1? N 100 r-_... ._�._.
I
�•T�•M• wwb. YxMn.f.1Y Yxlr}�1 � �±�
t«r1 W ... r. Yni.w..w x.Ixw.wr vwl..l.n Tx �8
N "' x I i �:■ i�
xtMf
w x.r
IS.'r-0
t
I.w
n-
Y
NIM
1 ,(0(M 1WAYq» i
_ FINAL CONFIGURATION I
- - colacxn bwawn w � w . . ....... I
Location Manrdadlaer C entu"W Count i s
T Ericsson 4448 813165 3
- To
T Ericsson 8843 68882 3 LOC.#418754
TO
o To YVHS
T RCMDC-3315-PF48 3
u i F Ialf—
Bottom(SheVArt
m „ n Bottom Sheft RCDMOC-4520-RM-48-2M 2 sm TOMR LAW
Bottom(ShelOe Yom•w O°D
x.
Sidor Coexlfenuhdtaer Stas Count i.=a.._-__-........
"' i Bea MI. oxen,
I .x.
dam
t3Tnlarla
V _
i R Ca Andrew 24549 X7CX 1 5/g3
(iA�"y+"��T
a "' c.r.caa nn.n.•w b � w I x r.ax. i own..xM
+
u I i ANT-2
T %20POSEDANTENNA VWFGURATgMCOr"ll CAJOLE OOATA xxORNATION
xtE I
UTIUTY NOTES
Wsr YlwiAMAOWYWnFIr••wrna•�LerrrmFRwaareAYo \�E Q
IWr>�unwwmaeca.rxmr�R.r+atar+u.NOR.wtewwNo
lCWNMAEOIM[O TOfsTTA1LMOlCRaCM WawtCOMa[n WWIFp011pL I O = W
rflYTsawieoYwmnfflRMoiwKKllOI fYTRrrKLM1lOrCm 1
1•m.RwAew,asRfuARow.NDCWrelsfrq AaenAAUA1lLlaRnK
///j"� RCRgRq
arfllYOpYlnllwMACD
ug
talFpRltblrrDaiA nMERA WMIlCl101.f��lryEtljCp � _ .'-� ... .... .
tl.00RYCKOf1M11110MlOfrMIIIL - _
1
>q.RmsaRNo.atruRro.Ro.eiRrAonemnc.LKaa Nt0[Mft b
OtR4IfNREpyf1®Ai xRDYCf A/i M4tIORMI nO __
wfulErwwNf. Jy IRAKFOb*R
> ALYRIalllr caaRlAMaorKclgr FOA tarwt `
AW
aMFINIRMRRMOMfMURWOFMEIOInRM fO1NollMllNts �J Y
4-.y
..~'uT�,r.-a�""--�-_,� ,: r--'
leurYacrwrlRM fYgour.
a,we.K«afusmn.a,allw.,eRFwmw.,,faaau --
aiufwm,m"aa"Mul wmRnwnueamFeRwmMEu/e.
faiea'w/RowRea.aw .w�wa°r"°F•Roaou*alw.w»o I i y`
I I / I -t1MT1Y000011 IarwRvrFewswaa
�-EI101Rq Port � J '� reRN�a� •�8
�.AU RrougoKMa MFI SI6f.RRFN'IORI NrAIIROWLaawLK ',I y 2 /
aeewanAMAUIm FORswEFAowofntlrctoR,
t.MrtculcRacuoarLrwmALLYrITMl000lf:wAn, I ..V.-
LRCM AMYA110Wl Ma MOtawllElrgMYRl CIYMCIawRCf � �. �� IF•OFOltO/Nt11 EN0.oa1R1( allliTFM �':���'
AMYIR�aOCp/IFI�la1dAV.1�a1iM0ldgflllffMlLK I / YOINIfIadlM•fRAl1E
MIOWROYOfwMMtAlbtRIAROmwItlrLO A/FaFYM[ / � 1lTORr
afFOMDtKORrAllafioFm FOILOrno1N/111aRoly: / AVAO 11
MMOYes. WROW>Nl01gCC00! G a,l wa
AYAa »WDaRILatARWApaalfalyn E memo eAswETa / �
vle •RR111ROIELlCIIRALFatUC1ROMfJ ;.'
asgew I IlourtorowYL • —
Aa.Tx �rsarAYYsool1rw11taRMwlolwta � , ` --
YerA. Wnarfalaar+rwvRrAauiaw AraowrFar I ,• '`
u+- uaa�w++eRawawtow/.Rc .
rtRoFofE apyR/!O , S
HIDA, W1101M Ia[FRrrlCIlWAaanCM11011 I la171110lOOR \�. -j . to
OFL
i I
E •. FROFOlEOPEMTMTgNa 0
LMrlri•ClwaTaOYWTK arTNamMO?aDl.Wlafwn0 �G i { '\ I MwWOi wIT[II IpRiCR) .� t. II_
ORRMYK.ORNNwprpw MBiOrlal. ii(C-'J+ iPRWDeEnTCOMUTw \ �f
>ufrfaomleMeveoRro�AuvwraaYuaaaneRlwTvfe [T} i� la«R. � wtelu/rvF.aF; --' 1
tYAM mmwAmolwrswm Rr WnawancclwG.00K. I (4l1 t/KOo1ROY rltwto l
IFeratRAtlo�rwuoFawTu l / -1 7 FROIarEo Taeanla�w
>RY:arWA aYLLKOKvwQ[Of1QLfRMNAkpMYICl W1MM I � IiOREItf 9E
[Ll:K0.0 ltt L
rFl / OO t.vT MRIERpICiafROY i
W�IaMIFICTiMa00<ultElap�RfAyKY°Rp'"{�R�`'f Flw7RAnow RlwY>aFw,tNl � 1 Y
aWIKNIRORD/ORM aRTAL{ARRI
•M�� KFRrRKONKWMIDTOIAfi1TAR I � ,s 1 i / MFIWI12wGGIFlOF1aFD 00KATJ 1� O)
� aRg10lOM aRofaRKa olfaaa.
RAeewRrue+IranrlefruneiL l(RYYr'mrAM `II' / �........-- 11 � j� •� p I
a.fLRrO1LOCKAM wMARRRI/MaM WTdYL --- 1i g }l1
OOOLh I a , •, ..
~YlC1MCILCOWVRACMRSwKVfjWVW�wMaldaOa"aft Easym ,tfA fM>LaRaAIaNE In
KrNrlAIW �Tf �EiI._*1MCOMMSNLG
a w0l1YL•AMapaWREaoR
aRwRRAMaAtar amiswRwA..aw � � ,
N.awewwoNomwrReaRRewanAM.rawaaaotac I
AbafECTY1aL.faECIMWAMGMRYfCYNCXMOELRC�NCAIORMW�K IOR I I / / �._��� __ ' '
�.vfcell�.rAnor.LeeRaYlaL.MAm1awR+o.Y.*w�..11ewoRr �� � �nErnwRAYE _" -- -_ { g i
Edwarw/RawswomRf�1'Kr•NNiII oLvamwm�w�r DR / Fi s/ �`_�----�_� --- I � 1 �
ltAR+au.naeowen.coRnlat[reRrmalelRR-ALea.R,Y:raRL.aw G / // / \ FRowlEosoaaRrwpaae. -
a.eanrAu,MnmoRewae.Muxnrxmrl.Ae�oRawar �
coislsTer'"'"EALL>••^O•M••��MAOmAdra!wmrAYOr 10C.�418754
wKllAowsAMNREaruolaeAeerfen ofaAlroR+rauln.L 2 em1lN onunogy RourcALaawitL OFvwtEi
wEe+wrJamwlRacnoeawLwwffemaRnWnmm�fuL / � - lawER ust Ketwae.tx.w
a«RN1ataRyAMtlOaRpwRaaDlaaw.�lwlRCR10 RouoYFv t
eorafTAwwa1lpAwronMlleR, r/HS
m sEelwuLmRarefaRwuaoaelwn cawan faBe+wcALwr.c! G /' l.F / / .
wR1LOCM111afIrO01.A1NI0RAWwK1l GIaM,IW arslaLacLu!!,r j / / FROIOKOTOQMffwQatOFROM
n•Yao+�•aRa�Rl.a.oaeNTt RYlwareRlAoa.IRtowOEO Ywa1 -' -- / l,�/ R.O.W tnmu".wt.\nlArtsLD.)
qo ��IMCNRrRE011plbni.fOLaaw aaNce.tae.FwoR /
IrawlrLINOR»nwlERws.mlLleTnw �G /
canrAefORawsrcWOErmlaArro11f1wLORaooTnalAnnr�YRels .FROFoaEo 1RirEnwowlom�a
Afs"aftwooma To ICINO�ttERure/b1auL RnarrwwlRv. ,Of t/ / tOORoult wl,Tj t•ve KllROucTlw i 610TOV"ANE
WNIr KFORlf�Olq TOrR>YK 00RlmlllGlRe/l[OMIUCfORawL // / �PYILROFt IROIIFIKn11!liPONi tO
vewrm A1wUw!►NLtaUWW *4 LOCK 04nr OOwfYr MMIDIERETRAt10MORMMTER 10WER Mf! V` E.RBDSBO
AIlrlrMa4 AOatrALC.IM1R10fOMLONRFARRIQtIfYlORC110N DRWMN I KLL wtlDl ifa LFA
OIf1MNCMtO,MYRMNRItlAKRIDeOppMnwmtlMRAlIl HyLr �f /
COIrMr/R0111oCALU1!!%OOIIiWI.NLP-MOR001dYROb _IxTrM /
lRllFlgrlOnITICO1iMalf WarK rmRno neYwasTeaYL OfLVA�n Ow
_.........umv
I{ MCYmF �K
FaReE Tnn Ia!R:tin.
�'; 1 DD BETE ! i IrfAic�F L+an
�.t1afT.n IEROf , , �...._._._ssf�mu............k{
aeclwwmYMfeTal wYLmwwnR 32
L---------
-J1 iUTUROIlTpiBU
7Y PLAN
wmloRlRm..YlFaeaMrrM Facet -- �-
AKA wenafwaraAawmAalAw � raR[ 1
A101lAYYIrAATCdaalaaOl nOR FJaUIIa ,
roRooYnarm.aroeawr+e+nr D.icAUF p /\...._._J.l.�_.1..._..l_�`f^ urwnRAoCaIOwRATxOvVFERR�loMR OOOMVRY U)GCOR
..6�..r.
a NecInOAMRwRaeRRce. .e'"1• ` ---"- -.-..
emiwan wlYaeeTReAMr.aR .�w�iue IgfE:
+• .a.m fll aERVFq ERE VTIUTy ROUTIND PIJW FMlR OOdIOWngRlg xpRppl/L(rE Ew1
Iva
tM1ME Yr117Ir ROUTE. � IIEMMONKRCORf
A011.FNORtO i
..---....__ eoYrtRY�Rory mYrACT oraarew RORwwn.
.JuaR01M4YCOMRCRYRRMLLNwwe.,..�.em..�.R.�wroq.. /� -^_ 141`~
oawocuw.awuRatc[.ufialrovsE.a.uces.s.e ut we ro I 1
O..tWA.N,CIICUORGNMKtlwoyp.�tHpn�p.00tOMEt'llbp � q y
E.arwtm oRM.ogtEo.,c.or A..i.ewT®ww..0 wtew.0 I I
ww.omeRTae +�ea.naR.voroonpya /
1.d,FAMmTCA010aym.Rbl..+a1f0.WTANa�1.alN / � •J � tr p•
a� aa,R4R)I.�GIM{RNTatEA.R.tM'(A.OWI)p / � —J ii � S
W WNM.bsn q Wyy) /
a/MryMtiflRa/i� WtRAq 4wt.�wM / I 1 )'lr� Q
arTaew,.a.awwRca•N,.MRw..NtyAunarro)sro,a / ltasTN. I
row01)rYbf.EDatOVwo/.a.a.ONwwlrroslNOCOKaro.,. / CNREK
{au.ocwARnarbro.•arm.s+uNtwRNtt{Egt)41YC / ' S
M40♦E.M18Ea1W W EOI MWY.ICTJtERaaICQ.RpINO as
0-TRq
.RQ.mRea.uaRatosE�ly)wrwRlaaERaRemta)aw.N � -R
A�oaRN`oMa.�n�.,��.R,w.RATRR...,cTuttRy RvlTwaooR � T�"
autwnaarcaanawRwEtE0+w0aoam)cwNawrarn.w � a.rrr.xMttrw
IwVA14,WMMMArLOAOR4NM)tf taae{N lxetaOa)tWTI � �.A+a.arw t
f9MNNEdOM{IbtlN6ttEN\.f MTMC,bIftMLLOKa'MiN ApRMIWY{pgE
T�ftlNmmMN.wnA,wo.bM4inMSE.OIc,wOaMu � WIfNO
' .taw°OnimaT"T Mum q.Ot.wn aa. / 1ADOER..._
,...aA..NT wwetNw..uN_ NwA+Tcooa y�
+�wtwm..Dc{NR{acR.t.o.,ow rw°�tN°A'�« ,�,� i nRDvosEDsteERe+aDN,aE AM.i-
a q{R.tB..,.AeNMAM! MQ-)RIbTMPo1lM! -- �AM.
i bbl AOY..O.N.ERtNaOA.WrROgp� � * 1 to ��
M
OSam
mMfJR,LIMM lat gRAMA T'«lONE6R.D! i •\ O ; ; ' __ I s s i
FtATTORMO011.[IIFORT..TEawwDasKa«ARawnvro.otRm I • ' ' '— lO1Oq�cABbKTa, � �
O OR-lT-ODRD.aTe0T0 tRaT ttO08Na, _ g i
Oa EXKTNDC.NMah I
NEODRKC►NID 4lCfMCeeANCEORWNDTOOROW100oD RWfE0 TOW111—.•-----'.__._ 4; .__ •I F 1
t iF t I
k.f000PPlRQADORO{.DROD t 1y• a f f
OROINDCNVMIMKF(MCE(NNCM/11tOTIRRMC j •' g
..■ U q
OOiFlVS1ORp.10 FE1,DlR4hrlT.aM{/RETO/RtATFpINAt1p
TlITOf TOAlR N!!ORAa,NIEe,C6) '
C)NANrArrvoromosrAnclaFcaFsrRUD,oRu I I.� ■
1NMT1eMONIROEAA«B4O.{O.eAOMCANEOROtNQ NtITALL i — --------
0.
____ac
t �pp�OBED RC MOIlITED f C
O�OTNlt,000MERORpMD..A TAR TOWLLOOAgRp t i
�N R1.COD,RtlQ1OMTHlTIy h/whNMt.OMtRAOfOR .�.�www $y
CORREGIDR.Y ltLCRRtjt,OOR,RAp„DR. •.. aa..w _� O .. Y'
t0 , #, ,D�FFfl Ogdp N�t!_«DltygAKO WTR
P,aalROTrt 1NT..Tq �-MNl MEa«OTAaE �a � I
nlTglNprJtRt(rwveDtRocNDooER+'FasrcucTRrxmnR{cTa. r 'R Ovn�T"llto F`J/ Y f I
tw.eseumF.ors IOC.S 418754
Ir ..1 OTME FL µNte,TMe RO.N.p lE
SHOUM 0T707 '
AMRNW7OTfOFAwlTR1)CRNEa RNosMDtAD«NsrAuco `
,] f=TN8TQKIIORGOMWROOR4Mq fw•p p \ v y,�
RURi/r1F1 w ® \� N#*AW 1/1R/fi ,vnS
e%„T.IO DOOR.. M{T111E
1. 6AK lItl1FEY qel OlTAR,{1tlfT lJf � r_-T
1 TEDRMORpIIO gNb OYMM gRTWppgtwpt1111OTOEROM06E0
�oTONR,OMmUROi1TO.PrlOMARpY.NF7R1OOYraTMT[g[ltaa TO TME OR {OaDCOFFER i 8NNEo)lecOKROwtM10aYulOOETNLf ON ,jJJ' �U ./I`•f
-CAG-
nO .RA"
61D TOMER(ANg
iTEeLOM)K{DAr EW111NDO0VNl M LELow
U ROV MTbM.fWl1,EaNTAOe ro«sat«OTo 1-T GROU UMMARft"M,,
Ot10ORp RNONTtq TNMEDagp 1 \ a4w.N. Oya
OOERRODMdIGTOtt {{ //// `_E%LLT./6 %
® RbO.VBGROONp ROD ..,A2
® lAd1 TOT,e.RNROA710MTO MAY[AT MATT 01! O O.NMDSKTEYTpiNRIL I vratrr tasttA.tE
owtRiD«fo YRIMpT..fCaM)DOO.FER I
. rAOR.IDOII APEpOJEDOOMNlGTION I P�RDOaER
'.Wnft
gaUwYCVO MOgMf=-4pw Rwu aOq .R.i pTTNOySIO)
1t TRKOOITNOOOO,IOOI1OpttOWTOOgiOqNpRI(?KeO.RDtIOMNRlDODELWObO)OERWATWORA)totltA.pW
NKRC \ 6ROMDN
i PLAN
_—_lgETa100ROORON6 �� /�
f
1{o.NOtMtlONIOM FtRulElEq lEAY � �
..—..__._... � &SRE OROUNgwy PLAN
E-2
Exhibit"C"
Survey
final to be included upon approval ofparties as to site design)
17
Exhibit"D"
Installation Guidelines and Requirements
(See attached letter from Engineering Enterprises,Inc. dated March 12,2018)
18
I /
March 12, 2018
Mr. Bryan Lazuka
Chicago SMSA(Verizon)
1515 Woodfield Road
Schaumburg, IL 60173
Re: Chicago SMSA(Verizon}— Tower Lane Water Tower
610 Tower Lane
Location Number 418754
Dear Mr. Lazuka:
We have received and reviewed the revised Verizon permit request,including:
• Verizon Location Number:418754, Site Name:YVHS, 610 Tower Lane, Yorkville, IL 60560
Our review of these plans/permit is to generally determine the plan's compliance with City ordinances
and whether the improvements will conform to existing City systems and equipment. This review and
our comments do not relieve the designer from his duties to conform to all required codes, regulations,
and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not
intended as an In-depth quality assurance review, we cannot and do not assume responsibility for
design errors or omissions in the plans.
1. The proposed electric and fiber conduits shall be installed at the ground level along the wall of
the tank.
2. Provide NIER report of verification of compliance with FCC RF emission standards. This report
shall be completed by a qualified independent third party.
3. Provide documentation indicating that any new equipment will not interfere with current tenant
equipment on the tank.
4. The contractor shall confirm with the building department if a building permit is required.
5. The Contractor shall notify the Public Works Department(630/553-4370) a minimum of 48 hours
in advance of any work.
6. A current certificate of insurance of the contractor performing the work shall be submitted to the
City. Engineering Enterprises, Inc. (including its Agents, Subcontractors, and Employees) shall
also be endorsed onto the policy as Additional Insured.
52 Wheeler Road,Sugar Grove,IL 60554— (630)466-67�� . .
I
Mr. Brian Lazuka
March 12, 2018
Page 2
7. Recognizing the need for improvements to occur, all telecommunication improvements shall be
performed in a non-destructive manner. The improvements shall be completed in accordance
OSHA requirements and shall furthermore not detract from the aesthetics of the tank.
8. All obsolete cables and electrical shall be completely removed, appropriate tank repairs shall be
made to make the conditions safe as approved by the City.
9. All improvements shall be completed in a workmanlike and careful manner and without
interference or damage to any other equipment, structures, or operations on the premises.
10.Any required welding shall conform to the applicable provisions of AWWA D-100, latest revision.
All welders must be ASME Certified.Any welding on the tank must be authorized in writing.
11. The site shall be restored to like or better condition than the existing conditions. The method of
repair for the pavement near the tank shall be approved by the Director of Public Works. All
conduits shall be directionally drilled. No open cutting of the pavement shall be allowed.
12.A post construction on-site review of the work will be completed to ensure that the construction
has been completed to the satisfaction of the City and/or their representative.
13. It is the contractor's responsibility to contact JULIE prior to digging. The contractor shall be
aware of all utility crossings accordingly, even if they are not shown on the attached utility maps.
It you have any questions or require additional information, please call our office.
Respectfully Submitted,
ENGINEERING ENTERPRISES, INC.
Bradley P. anderson, P.E.
Vice President
MWS
pc: Mr. Bart Olson, City Administrator(via e-mail)
Ms. Erin Willrett,Assistant City Administrator(via e-mail)
Ms. Krystl Barksdale-Noble, Community Development Director(via e-mail)
Mr. Eric Dhuse, Director of Public Works (via e-mail)
Mr. Pete Ratos, Building Inspector(via e-mail)
JAM, MWS, EEI (via e-mail)
t1MILKYwAY1EE1_Storage%Doc$%PubUC%Yorkvllkt20181YO1807-C 810 Tower Lane-Verizon Improvements%DocsMcoy02•Verizon.docx
i