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R-950 - 09/12/2006 - TELECOMMUNICATIONS - ResolutionsRESOLUTION 2006 - TELECOM -TW R -EX1 -R -950 RESOLUTION APPROVING A COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) BETWEEN THE VILLAGE OF OAK BROOK AND NEXTEL WEST CORP. WHEREAS, the Village of Oak Brook (the "Village ") owns certain land known as 1200 Oak Brook Road, Oak Brook, Illinois (the "Land "), and WHEREAS, the Board of Trustees of the Village has determined that it is necessary and desirable to lease a portion of the Land to Nextel West Corp ( "Nextel ") for voice, paging and data transmission via Nextel's wireless telephone communications system, and for the construction, erection and maintenance of facilities necessary thereto, and WHEREAS, Nextel has agreed to construct, erect and maintain facilities necessary to the Village's emergency communications system in conjunction with Nextel's own facilities for its wireless telephone communications system, NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows SECTION 1 The agreement entitled "Communications Site Lease Agreement ", between the Village of Oak Brook and Nextel West Corp the "Agreement "), is hereby approved, and the President and Village Clerk are, respectively, authorized to execute and attest the Agreement in substantially the form attached hereto as Exhibit "A" SECTION 2 All resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed to the extent of the conflict. SECTION 3 This Resolution shall be in full force and effect after its passage and approval as required by law APPROVED THIS 12th day of September, 2006 It Kev Quinlan Village President PASSED THIS 12th day of September, 2006 Ayes Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent Trustee Aktipis ATTEST V USG • � cr�1.� Linda K Gonnelfa, CMC , Village Clerk IL7025A RT.83 &31st Market: Chicago COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This COMMUNICATIONS SITE LEASE AGREEMENT ( "Agreement ") is dated as of .ri�2 /2 , 2006, by Nextel West Corp., a Delaware corporation, ( "Nextel" or "Tenant ") and Village of Oak Brook, an Illin is municipal corporation ( "Owner" or "Landlord "). For One Dollar ($100) paid to Owner, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ( "Land ") located in the Village of Oak Brook, County of DuPage, State of Illinois, commonly known as 1200 Oak Brook Road, Oak Brook, Illinois 60523 (APN 06 -26- 400 - 012- 0000). The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ( "Effective Date "), Owner hereby leases to Nextel and Nextel leases from Owner approximately nine hundred (900) square feet of the Land and all access and utility easements necessary or desirable therefor ( "Premises "), as may be described generally in Exhibit B annexed hereto 2. Effective Date. This Agreement shall be effective on the date of full execution hereof ( "Effective Date "). 3. Term. The term of Nextel's tenancy hereunder shall commence upon the start of construction of the Facilities (as defined in Paragraph 6 below) or twelve (12) months following the Effective Date, whichever first occurs ( "Term Commencement Date ") and shall terminate on the fifth (5`n) anniversary of the Term Commencement Date ( "Term ") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for three (3) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions as set forth herein Unless otherwise terminated as provided herein, this Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew, not less than ninety (90) days prior to the termination of the current Term or Renewal Term. 4. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord, as rent, Two Thousand and 00/100 Dollars ($2,000.00) per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated Rent shall be payable to Landlord at 1200 Oak Brook Road, Oak Brook, Illinois 60523, Attention: Village Manager. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9 Form from Landlord Rent shall be increased on each anniversary of the Term Commencement Date by an amount equal to three percent (3 %) of the Rent then in effect for the previous term. As additional consideration, upon the Term Commencement Date, Tenant shall pay to Landlord an administrative fee equal to Seven Thousand and 00/100 Dollars ($7,000.00), and an Equipment Replacement Fee of $10,000 00. 5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for voice, paging and data transmission via Tenant's wireless telephone communications system, and Tenant shall have the ongoing right to perform any engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively "Investigations and Tests ") as Tenant may deem necessary or desirable Landlord agrees to cooperate with Tenant, at no out of pocket expense to Landlord, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises 6. Facilities. Utilities: Access. (a) Tenant has the right and duty to construct, erect, maintain until termination of this Agreement, test, replace, remove, operate and upgrade on the Premises communications facilities, including a building with peaked roof, constructed of Robinson - Danbury color brick and Berridge — Weathered Metalic Dark Bronze roof material, and approximately ten feet (10') by thirty feet (30') in area, to house such facilities ( "Building "); a white tower or pole antenna ( "Tower ") and its foundation, utility lines; transmission lines, air conditioning equipment; electronic equipment, white transmitting and receiving antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefor (collectively referred to as the "Facilities "), all in substantial conformance with plans for Sprint Site IL7025, Route 83 and 3151 Street, dated 7/21/06, as prepared by Fullerton Engineering Consultants, Inc (the "Plans "), which have heretofore been approved by the Landlord, as such Plans may be amended from time to time upon the express written approval of the Landlord. In connection therewith, Tenant shall perform all work necessary to prepare, maintain until termination of this Agreement, and alter the Premises for Landlord's and Tenant's business operations and to install transmission lines and antennas, including a municipal radio communications antenna, cables and wiring on the Tower ( "Landlord's Facilities "), and cabling and winng for both Landlord and Tenant to connect the antennas on the Tower to the transmitters and receivers Tenant also agrees to. (1) install video surveillance equipment to be mounted on the Public Works Building and broadcast to the Village Communications Center; and (ii) plant twelve (12) eight foot (8') Spruce trees in accordance with the landscape plan dated 07/21/06, and guarantee such trees, through its contractor, for a period of twelve months. All of Tenant's construction and installation work for the Facilities, including the Landlord Facilities, shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, as reasonably determined by the Landlord, and any contractor or subcontractor accessing the Tower and /or related communications facilities shall have all the insurance required in Paragraph 12, and shall provide a contract bond as required in Section 1 -7 -4 -G of the Village Code in an amount equal to the full contract price The Landlord shall hold title to the Prerruses, the Building, mechanical systems for maintaining the interior of the Building, the Tower and its foundation and all other Facilities except those that are uniquely attributable only to the use of the Tenant, which shall remain Tenant's personal property and are not fixtures ( "Tenant's Personal Property "). Tenant has the right to remove the Tenant's Personal Property at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises and /or remaining Facilities caused by such removal; however the remaining Facilities shall be left on the Premises for the continued use of the Landlord. Upon the expiration or earlier termination of any Term or Renewal Term, Tenant shall remove the Tenant's Personal Property from the Premises as provided hereinabove Tenant shall provide Landlord with a final copy of the Plans, for Landlord's approval prior to construction, which Plans shall include removal and replacement of Landlord's communications equipment at no cost to Landlord, and a schedule for demolition and construction that does not disrupt Landlord's communications conducted from the Tower Landlord shall give such approval, which approval shall not be unreasonably withheld, delayed or conditioned, or provide Tenant with its requests for changes within ten (10) business days of Landlord's receipt of the Plans. If Landlord does not provide such approval or request for changes within such ten (10) business day period, Landlord shall be deemed to have approved the Plans. Landlord shall not be entitled to receive any additional consideration in exchange for giving its approval of the Plans. (b) After the Tenant has installed the Facilities, the Landlord shall have the right to install, operate and relocate from time to time, the Landlord's Facilities, in such manner as the Landlord deems to be appropriate, provided that the installation is previously approved by the Tenant as to type, location, height and frequency, which approval shall not be unreasonably withheld (c) The Building and Tower to be constructed pursuant to subparagraph (a) hereof will be used by both Landlord and Tenant, therefore, Tenant shall install dual metering systems for any required utilities, and Landlord and Tenant shall each pay for the utility service they consume in their respective operations at the rate charged by the servicing utility company. Tenant shall be responsible to determine a source to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that meets with the approval of the Landlord that will provide service to the Land. In connection therewith, Landlord hereby grants to the local telephone, power and utility companies (as appropriate) non - exclusive rights to locate, construct, install, operate, maintain, repair, replace, alter, extend, and /or remove cables and lines on, over, under and across a portion of the Land as necessary or desirable therefor. Landlord agrees to sign such documents or easements, at no cost to Tenant or the utility companies, as may be required by said utility companies to provide such service to the Premises Any easements necessary for such power or other utilities will be at locations reasonably acceptable to Landlord and the servicing utility company. (d) Tenant, Tenant's employees, agents and contractors shall have access to the Premises twenty -four (24) hours a day, seven (7) days a week, at no charge. Tenant shall notify designated representatives of the Landlord, not less than forty -eight (48) hours in advance, that Tenant will be accessing the site, except that in an emergency, Tenant shall notify the designated representative of the Landlord as soon as practicable after the Tenant becomes aware of the emergency. An emergency shall include any repair or maintenance work that is necessary to prevent the interruption of, or to reestablish the normal operation or proper functioning of the Facilities Tenant will provide Landlord with a list of personnel that will carry the proper credentials including photo identification who are authorized to have access to the Premises. Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non- exclusive right and easement for pedestrian and vehicular ingress and egress across the Land, as depicted on Exhibit B (e) Landlord shall maintain all roadways and driveways across the Land and proximate to the Premises from the nearest public roadway in a manner sufficient to allow vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways and driveways, at its sole expense, except for any damage caused by Tenant's use of such roadways. Landlord shall not be obligated to construct any additional roadways or driveways on the Land. 2 (f) Tenant agrees to dismantle and remove the existing lattice communication tower at its sole cost and expense; provided that the Landlord shall retain the right to reuse the tower upon notice to Tenant of its intention to utilize the tower by November 15, 2006, or by commencement of construction, whichever comes first, in which case the Landlord shall be solely responsible to relocate the tower. (g) After the Tenant has installed the Facilities, if Nextel telephones operated and used by the Landlord's personnel do not have reasonable and sufficient service within all municipal buildings or elsewhere on the Land, the Tenant agrees to install BDA in the Landlord's municipal buildings. If there is some other technological solution that would better provide and improve service for the Landlord, Tenant may present such solution to the Landlord, and the Landlord may accept or reject such solution in its sole discretion based on its determination as to the sufficiency thereof for the purpose of providing better and improved service 7. Interference. (a) Tenant shall operate the Facilities in compliance with all Federal Communications Commission ( "FCC ") requirements including those prohibiting harmful interference to communications facilities of Landlord or other lessees or licensees of the Land, and Tenant is prohibited from allowing the Facilities or Tenant's Personal Property to cause harmful interference in any manner with the Landlord's Facilities. In the event that harmful interference with the Landlord's Facilities occurs, Tenant agrees to eliminate such harmful interference immediately upon notice from the Landlord thereof, in recognition of the Landlord's need for emergency communications operations at all times. (b) Subsequent to the installation of the Facilities, Landlord will not, and will not permit any of its lessees or licensees to install new equipment on or make any alterations to the Land, the Premises or any property contiguous thereto owned or controlled by Landlord ( "Additional Improvements "), if such modifications are likely to cause harmful interference with Tenant's operations; provided that Landlord shall have the right, in the public interest, to make any Additional Improvements that may be required by law or agencies regulating the emergency communications system operated by the Landlord, and in such case, the Tenant may work with the Landlord and any regulating agencies to assure that the New Improvements will not cause harmful interference with Tenant's operations In the event that harmful interference occurs, Landlord agrees to use best efforts to eliminate such harmful interference within a reasonable time period Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. (c) "Harmful Interference" for purposes of this Paragraph shall be any emission, radiation, or induction interference that endangers the functioning or seriously degrades, obstructs, or repeatedly interrupts a communications system, such as a radio navigation service, telecommunications service, radio communications service, search and rescue service, weather service, or other safety services operating in accordance with approved standards, regulations, and procedures, and which seriously degrades, obstructs, or repeatedly interrupts such communications system. To be considered harmful interference, the interference must cause serious detrimental effects, such as circuit outages and message losses, as opposed to interference that is merely a nuisance or annoyance that can be overcome by appropriate measures. 8. Taxes. If personal property taxes are assessed, Tenant shall pay any portion of such taxes directly attributable to the Facilities. Except as provided herembelow, Landlord shall pay all real property taxes, assessments and deferred taxes on the Land, provided that if Landlord is charged real estate taxes as a direct result of Tenant's improvements on the Premises or this Agreement, then Tenant shall pay those real estate taxes upon thirty (30) days' written notice from Landlord to do so. Landlord shall provide to Tenant documentation from the taxing authority, reasonably acceptable to Tenant, indicating that real estate taxes are due to Tenant's improvements or this Agreement. Upon Tenant's request, Landlord shall file a timely protest with the appropriate taxing authority (the cost of such protest or appeal to be borne by Tenant) Landlord and Tenant shall cooperate with each other in the protest of any such assessment by (i) providing each other with information regarding the relative valuation of their property, and (ii) allowing each other to participate in any proceeding related to the tax protest. Nothing in this paragraph shall be construed as limiting either party's right to contest, appeal or challenge any tax assessment. 9. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant's Personal Property, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for financing with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Tenant's Personal Property ( "Collateral "), and (ii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice; or (ii) by Tenant if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Facilities; or (iii) by Tenant if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iv) by Tenant if any environmental report for the Land reveals the presence of any Hazardous Material after the Term Commencement Date; or (v) by Tenant if Tenant determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference, or (vi) by Tenant if the Landlord fails to deliver to Tenant an executed memorandum of agreement pursuant to Paragraphs 19(g) below. Upon termination of this Agreement hereunder, Tenant shall remove the Tenant's Personal Property from the Premises as provided in Paragraph 6(a) above, and Landlord shall have the right to retain the Facilities constructed 'pursuant to Paragraph 6(a) above other than Tenant's Personal Property. Landlord shall retain the right to shut down the Premises and the Facilities at any time in the event of a serious threat to life and general safety, or to' interrupt Tenant's operations, after supplying notice to Tenant, if Tenant's service is threatening public safety communications from the municipal communication system located on the Tower 11. Destruction or Condemnation. If the Premises or Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, through no fault of the Tenant, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Tenant shall rebuild or repair any damage or destruction, and rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. (a) Tenant, at Tenant's sole cost and expense, shall procure and maintain commercial general liability ( "CGL ") insurance covering bodily injury and property damage with a combined single limit of at least Two Million and 00/100 Dollars ($2,000,000 00) per occurrence Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the Premises, all as provided for herein. Within thirty (30) days following the Effective Date, Tenant shall provide Landlord with a certificate of insurance ( "COI ") evidencing the coverage required by this Paragraph 12. Alternatively, Tenant shall have the option of providing Landlord with evidence of such coverage electronically by providing to Landlord a Uniform Resource Locator ("UP-L") Link to access Tenant's memorandum of insurance ( "MOI ") website in order for Landlord to review the coverage required by this Paragraph 12 (b) Landlord, at Landlord's sole cost and expense, shall procure and maintain CGL insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per occurrence. Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connection with Landlord's use, occupancy and maintenance of the Land and Landlord's property located thereon. Within thirty (30) days following the Effective Date, Landlord shall provide Tenant with a COI evidencing the coverage required by this Paragraph 12. Alternatively, Landlord shall have the option of providing Tenant with evidence of such coverage electronically by providing to Tenant a URL Link to access Landlord's M01 website in order for Tenant to review the coverage required by this Paragraph 12. (c) Each party shall be named as an additional insured on the other's policy 13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Land or the Premises, to the Facilities, to the Landlord's Facilities or 4 the Tenant's Personal Property, or to any other property thereon, caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Landlord nor Tenant shall be liable to the other for any damage caused by any of the risks insured against under any insurance policy required by Paragraph 12 14. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses ") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Land. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 15. Assignment and Subletting. Tenant may not assign this Agreement, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest, upon written notice to the Landlord within a reasonable time thereafter, to its parent company, any subsidiary or affiliate of it or its parent company, or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ( "Waiver of Landlord's Lien ") above. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice,or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranty of Title and Quiet Enjoyment. Landlord warrants that- (i) Landlord owns the Land in fee simple, has rights of access thereto from the nearest public roadway, which Tenant is legally permitted to use, and the Land and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods. 17. Repairs. Tenant shall repair any damage to the Premises or Land caused by the Tenant. Upon expiration or termination of this Agreement, Tenant shall restore the interior of the Premises to a condition substantially in accordance with the Plans, except for the Tenant's Personal Property, and suitable for the continued and future use of the Landlord or any other tenant to whom the Landlord may grant a lease Unless caused by Tenant, Landlord shall be responsible for any repair, maintenance, modification to or removal of the Landlord Facilities. Tenant shall notify Landlord prior to accessing the Tower for any purpose, and shall obtain Landlord's permission to replace or modify any equipment in any manner that is not in substantial conformance with the Plans, which permission shall not be unreasonably withheld 18. Hazardous Material. (a). As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in violation of any Environmental Law (as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Land in violation of any Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of the Land by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any environmental damage (or the presence of any Hazardous Material) in, on, under, upon or affecting the Land, and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Land in violation of any Environmental Law. (b) Without limiting Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and 5 expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 18 by such party, and /or (u) environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from operations in or about the Land by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Land by Landlord or Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 18 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. Neither party shall have any obligations under this Paragraph unless it is notified in writing of any such claim within one hundred eighty (180) days of receipt by the other party of notice of such claim. (c) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by- products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any Environmental Law. (d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes, ordinances, or by -laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to. (i) human health, or (ii) environmental pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise regulating or providing for the protection of the environment 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties (b) Both parties represent and warrant that their use of the Land and their real and personal property located thereon is in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government authority. (c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Landlord: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn. Village Manager Phone. 630 - 368 -5020 With a copy to: City Attorney 1200 Oak Brook Road Oak Brook, Illinois 60523 Phone 630 -368 -5030 0 Tenant: Sprint/Nextel Property Services Mailstop KSOPHT0101 -Z2650 6391 Sprint Parkway Overland Park, KS 66251 -2650 With a copy to: Sprint/Nextel Law Department Mailstop KSOPHT0101 -Z2020 6391 Sprint Parkway Overland Park, KS 66251 -2020 Attention- Real Estate Attorney Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. (f) This Agreement shall be governed by the laws of the State of Illinois (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County where the Land is located (h) In the event the Land is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to Tenant an executed and acknowledged non - disturbance and attornment instrument for each such mortgage or deed of trust in a recordable form reasonably acceptable to both parties. (i) Landlord agrees to fully cooperate with Tenant (including obtaining and /or executing necessary documentation) to clear any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement. 0) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent (k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement (1) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended to construe this Agreement against the drafter will not apply against either party. (m) In the event of any breach or default by either party, the other party shall be entitled to all rights and remedies provided for in this Agreement and /or available at law, in equity, by statute or otherwise, all of which rights and remedies shall be cumulative (and not exclusive). (n) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. (o) All Recitals set forth above, and all Riders and Exhibits annexed hereto, form material parts of this Agreement and are hereby incorporated herein by this reference (p) This Agreement shall be executed in duplicate counterparts, each of which shall be deemed an original 20. Supplier Diversity Nextel is committed to equal employment and vendor diversity As part of this commitment, it is the policy of Nextel that small business concerns, veteran -owned small business concerns, HUBZone small business concerns, women - owned small business concerns, small disadvantaged business concerns (including 8(a) business concerns) and historically black colleges and universities and minority institutions ( "Diverse Suppliers," as further defined below) shall have the maximum practicable opportunity to participate in performance of contracting between Nextel and its vendors The term "Diverse Supplier(s)" shall mean and be defined as set forth in Federal Acquisition Regulation Part 19 and 13 C.F.R. Part 121. In addition, "Historically black colleges and universities," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean and include institutions determined by the Secretary of Education to meet the requirements of 34 C.F.R Section 608 2; any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and "Minority institutions," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean institutions meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S C. §1135d- 5(3)); and also Hispanic- serving institutions as defined in Section 7 316(b)(1) of such Act (20 U.S.C. §1059c(b)(1)). Landlord shall confirm in the space below whether or not Landlord reasonably believes it qualifies as a Diverse Supplier ** *SIGNATURES ON FOLLOWING PAGE * ** 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below LANDLORD: TENANT: Village of Oak Brook, Nextel West Corp., an Illinois municipal corpg/ation A a Delaware corporation; By: Name. Kevin Title- Village President Date / — 2-0 — ZEv(,? Tax I.D 36- 6009534 Diverse Supplier: ❑ Yes ❑ No By- Name: Shannon Nichols Title: Site Development Manager Date: q - tQ) -D fa STATE OF /, ( Ne7O S COUNTY OF b y ?A(o'E- On O "D before me rp 1 qo tt , Notary Public, personally appeared Kevin Quinlan, Village President, 9a G, , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand C- and offici 1 seal. NbTAW "OFFICID HARTY S NL 60F e2e (SEAL ' Po� CAROL L Notary Public fz�'0' COMMISSION EX !� o� /Oco My commission expires: STATE OF Illinois COUNTY OF DuPage On l� 9/0 G , before me, �`�� .� Notary Public, personally appeared Shannon Nichols, personally known to me (or proved to me on t e basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. (SEAL) oar Public My commission expires OFFICIAL SEAL EMENE CALIAI -M N - NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 0710712001 EXHIBIT A DESCRIPTION OF LAND An Exhibit to the Agreement dated ( — 12— °` , 2006, by and between Village of Oak Brook, an Illinois municipal corporation, as Landlord, and Nextel West Corp., a Delaware corporation, as Tenant The Land is legally described and depicted as follows (metes and bounds description). APN. 06 -26- 400 - 012 -0000 A SURVEY OF THE LAND IS ATTACHED HERETO: Wiz° �/ Ui N P4 W N =) U 3�m� > J C w m P. NaFw W� m ® Ed d 12 4V D Mill, '001.1 2 Q y Wiz° �/ Ui N P4 W N =) U 3�m� > J C w m P. NaFw W� J 0 W ' N z �s co ° J U 0 z q S % U 7Pa ss 99s M,or raoonl o � t^ d C u w�. 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Om U-W Qe W =So QO U' �❑ Q h-�LLO W N NH F-� W d J 60m¢ZOLL y�N W W =W <ONa»OZ OFS e.-0 N/-1- �O mOUO N e� e b 3 go � � m � No d °¢ - B r z � �° EXHIBIT B DESCRIPTION OF PREMISES An Exhibit to the Agreement dated I — / Z ' , 2006, by and between Village of Oak Brook, an Illinois municipality, as Landlord and Nextel West Corp , a Delaware corporation, as Tenant. The Premises are legally described and depicted as follows: A SURVEY OF THE PREMISES IS ATTACHED HERETO: LOW DeWpton W LeW8 Sta LOT i INGWSROCKVILL'ACE O4MMONU, MINGAREW1311VISION OF t OT 1 IN C CS'D _ VILI ,E GRE" SUW'ASIDKr BEING PART OF SEV17M 28, TCWNSHIP 39 NORTH. WiGE I"I. EAST Or T11E THIRD PRINCI -. AfEWD"'v ACC I(4 TO A ITT THEREOF I J��D MARCH 29,1074M DW.,j +1eKT #W4-141;02, - 14102, ALL IN 13LiPAGE C'CXATY, ILLIMM D83CREMD AS FOLLOW& COMPAENCYNG AT A POINT a4 TH�E ,- tjNF- CDF SkD LOT I WjTH 'Wj:- NORTH RIGHT OF WA's L PQE OF 31ST V ET, Tf Etq f'tORTlkr S9 i IMINU'rtS in $Eller We r &W FIE` ' ALCNG The NOfZnI RIGHT Or- MY UNE OF SAD 31ST SiRFET, THENCE NORTH W DIES 04 hfiNUTaA0 SECONDS WEST 163.29 FEET, TAEC E SORT H 73 DEGREES 33 WN TTES 39 SECOMOS WEST 8315 FEET-, THENCE WORTH 39 DEGRE.. 46 MrNUTeS 36 SE=NDS 9CLS3 FeET; "FHF, -N M NM13.1! 00 DWREES 13 MtNUTES 3 4 SeCONDS EAST 12&A4 FEET; T"ti&4CE L,40RTH M DEGREES 49 MjWrfS C0 SaCWDS 7W.34 FAT; TKENM SOUTH 2613E LS 46 WN U TLS 4 3EMNDS WEST 6A.30 PACT, THENCE Sc TH 43 DEW&ES 21) ,M11NUTES 62 SE »D9i'og-26T 6Z% FF- f, THENCE KOTM 09 pEGREe 123 MINUTE�9 55 6E=NE15 FAST 3M92 FEET, T�HtNQ� SMTH 89 DEGREES CS MINUTES 12 SECONaS EST OM PBET TO Tte PCXV4'i OP SIEGIN,"VIt Q T"HBgCE NGR7TH B9 DE- GREEIS+iU MpNUT.ES'L$ S W�3ST',JG ge Fr ET; THF_NCE NORTH 00 DEGRZE3 14 MINUTES 12 ,S GNDS EAT 3= FiEE'T; Tk'9&NCIE BOOTH 90J� S W MINUTES 12 SEMNDS FAST 3MM FAT, THENCE SOUTH 00 DECREFS t4 WNUTES 12 3FZORM WEST 3MOD ,fiETET TO THE POINT OF BEGt aK$NG, ALL IN 01UPAGS C MNTY, ILLFJ M Leo Daoviobw fibs A 12 FIST EITR P OF LANOLYTNC, i$FF-ETaNBTHERSDEOFALYNEBBNOTHATPkARTOFL07i IN G492€ K VIL.l,ACE COMWNS, BANG -A US31VU €+ % OF Lat i IN C]WSMOK VILL ACE GREEN SUWlht=47N, aEjKn PApk7 OF TIQI 2b, TiD' NSIiIP 39 W)R78, RMCE1 I5 EST OF T IE THFIRD PF4NCIPAL NIZRIDIAN, ACMfWIXGT0 A PLATTHEAEW AB DEEr7 MA1=1 29,1974 AS AW-14T ;OR*4- 1A -102, II'a Dk�PAOF-- C CUNT ,114, I OIS, EESCRfBeD 1S LOWS, �00M�;1�,�ENCING AT A POINT ON THE EST I..IIIE OF SAD LO-7 t WITH THE NORTH AGHT OF WAY LINE Orr 21ST SnREET, THENCE NO RT l 89 DEJOREES 01 MINUTES 10 SECONDS 'WEST &00 FEET ALONG i'}e NTH SIT OF WAY UNE OF SAO 31ST STREET, THENCE NORTH 00 DEGA 04 fi t[NVtM 40 SECONDS WEST i89,29 FEET; ITIENC E NCfaTH ?2 D -F-$ 33 %4NUTfw S 38 8ECONDS WESTS&W F aET,, Tki F.,'VCF-- NORTH 39 DEG REZZ Q5 fAkNuTE$35 `d 1,8 ��, TkIEN NORTH t)C,7 T7 -- i3 ��tar $EI[, Y�iT78 125,44 FBETfi '7H2NCE t~iORTK 99 #]GIVES 48 MII~ UMS 09 SFMNDS 76&34 FEET,. THE ACE SOUTH 26 DEGR� WNUTES 46 eECONDS WFST 91.30 FEIET; THEM WUTH 43 L7W REFA 29 MIUUTE35 52 S NM 'yd'ES*r 8180 PST, T IE. NCE NORrH 00 DEGREM 23 M TES 56 ADS EASr 30.92 FiEE'T`; TI-[ENCE SMT-H aq DEGREE 08 N1It TES 12 SECONDS EAST 15J00 FEET TO THEF POINT OF TE-F 6INATIOFA ALL IM Dill( AC-E COU 1 Y. ILI..U401& Notes: 1. The Premises shall be setback from the Land's boundaries as required by the applicable governmental authorities. 2. Without in any way limiting Paragraph 6 (or Tenant's right to make future changes), Tenant intends to initially install up to twelve (12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 3. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility company in compliance with all local laws and regulations. Exhibit C RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Nextel West Corp. 400 West Grand Avenue Elmhurst, Illinois 60126 Attn. Property Services MEMORANDUM OF AGREEMENT IL7025A/RT. 83 &31st APN:06 -26- 400 - 012 -0000 This Memorandum of Agreement is entered into on this 12- day of 2006, by the Village Of Oak Brook, an Illinois municipal corporation, with an address at 1200 Oak Brook Road, Oak Brook, Illinois 60523 (hereinafter referred to as "Owner" or "Landlord ") and Nextel West Corp., a Delaware corporation, with an office at 400 West Grand Avenue, Elmhurst, Illinois 60126 (hereinafter referred to as "Nextel" or "Tenant "). 1. Landlord and Nextel entered into a Communications Site Lease Agreement ( "Agreement ") dated as of 09 I2 ; 2006, effective upon full execution of the parties ( "Effective Date ") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Nextel's tendency under the Agreement is for five (5) years commencing on start of construction of the Tenant Facilities or twelve (12) months following the Effective Date, whichever first occurs ( "Term Commencement Date "), and terminating on the fifth (5`i') anniversary of the Term Commencement Date, with three (3) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises ") is described in Exhibit B annexed to the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: Village of Oak Br ok, An Illinois �Icipal co or4 ion M Name : / Kevin Quinlan Title. Village President Date. I - 20 - 2�4XX, TENANT: Nextel West Corp., a Delaware corporation By: Name: Shannon Nichols Title. Senior Site Development Manager Date: `�f - t �3 a& STATE OF /X A I Na IS COUNTY OF A �- On F - d G , before me, H2jr [ Notary Public, personally appeared ; jAA/ personally known to me (or proved to me on the basis f satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 6�ZW A� ��L 4--� (SEAL) Notary Public My commission expires. STATE OF Illinois COUNTY OF DuPage / m4ir..:ti ., �''T � � � ;� sr � - es;'3't � �'-� a rw • n, � , r "OFFICIAL SEAL CAROL PUBUC STM OF , COMMSSM EXPIRES 11 /02/06:44 • t—,A :,A YY` ., Yak ►i�nl i1 ''ii ! l' ^1R �1 ��I On , before me, 6, <X ,4a,..- , Notary Public, personally appeared Shannon Nicho s, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNE hand and offi 'al seal. - (SEAL) Notary Public My commission expires: � OFFICIAL SEAL E EUGENE CA11" Iff NOTARY PUBLIC, STATE OF ILUNOS MY COMMISSION EXPIRES 0710712001 EXHIBIT A DESCRIPTION OF LAND An Exhibit to the Agreement dated , 2006, by and between Village of Oak Brook, an Illinois municipal corporation, as Landlord, and Nextel West Corp., a Delaware corporation, as Tenant. The Land is legally described and depicted as follows (metes and bounds descnption): APN. 06 -26- 400 - 012 -0000 A SURVEY OF THE LAND IS ATTACHED HERETO: Wiz° P4 W as U 3Gm� CJ� H �cmm ((1 N m 0 c o� E12 Zz to m W W U gLL�Y k¢ a ddd m m S Wiz° P4 W as U 3Gm� CJ� H �cmm JE 0 W w W cD 1 • L i o e o .E ° c o E ,„ ° a C 1n O EE °u w z-tea m Gmry O u, »a se 99s w,.oti,aaoou m W,LI a+ ` �vE mo 1 x Q w w d m ry m CV W / .. 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IZ O j a U? F� W �U' Z U U Z m F W U¢ W Y W U' N O OU w W N= O U= 2 Q U Z p W Z U 2 N X m Z^ F F 11 Z- a 0 Z wi m Z F m S p F OJ Z a m H- S w �Y �_ z ¢ 2 2¢ w ¢ W y p a 2 0 F S¢ W W Q m W= S Q Q O J JU' FD¢ F W D117Nm F F rwa WW LU m ¢� �' R Z O LL N N W W 2 W J ¢07) ai2OZ 0� V D V/F F Y Z ^ � g? F m O 0 lJ m Q m b 0 r J m EXHIBIT B DESCRIPTION OF PREMISES An Exhibit to the Agreement dated , 2006, by and between Village of Oak Brook, an Illinois municipality, as Landlord and Nextel West Corp, a Delaware corporation, as Tenant The Premises are legally described and depicted as follows A SURVEY OF THE PREMISES IS ATTACHED HERETO: Lao DoWo t on fir Lem Site LOOT I IN UMBROCKVILLAGE t70MMON8, BEING A REGUBDIVISIGN OF LOT I IN CAK3RCQK VILLAGE rp EE N aJg3ASIOht, Bali PACT QF SI; TtOI i 3'9, °I O�"►f��I l IIF' JGITI I, F � 11. �` OF THE THIRD PRINCIPAL M.ERI°MN, A.CC70Fi+ NC TO A RLA1"'11�MREO RECORD MARCH 29. '1874 AS DOCUMENT *R 4 1+4102, ALL IN C]UPACE C UN"I`Y, ILL IT,OM DeI3C J AS I=0Lk.0� e' COIy h�INIG AT A PC NNT ON THE EAS7 LJNF= OF SAID LO`T I 'I WH THE h1OKM RIGHT OF WAY UNE OF 315T STFU=-F-T, TI iENLCE ]NCKTH 89 DEGREES -PA MINUTES 10 Se== WaST &00 FEET ALT THE raCf> I MGW OF WAY ONE OF SAID WST STREET, TJ-IL -NCE NORTH WDDS 04 MINUTES 40 SE ONDS'DEIST 1e3.29 FEErJ THENCE KCRTH 73 DEGREES M MINUTES 39 SECO WEST $1$5 FEET. THENCE NORTH 39 OEGRE 46 M[4UT%3 35 Se=IVDS 93 F ;E% THE'NM NORD-. 00 DWREBS 13 Mtl`, %�S 34 SECONDS EASTj2&44fT=F T, T- ,H&gCE , d,4O T H M R 40 MrN UTES' 09 IDS T5B FEET, THE -1OE SOL,' H 276.0� 46 Mft, UTs .a SiNM WE-531'61.36 FEET. THENCE SWTH 43 DEZREES 29 MINUTES 62 BECONDS INBSTSZW FF-�7,THENCE NORTH Ott DECREES 23 MINUTES 55138 EA6730153 FF�r; T�HENQ; SMTH 89 DEGGRL;.:� 08 MINUTES 12 SECONDS EASr ODD FEET TO Th E PC04T OF S IVNINCI- THENCE NORTH 89 I7fZ- GRF -F400 ,Mlt UTFiS l2 SECONVG 1 T 30.00 F1=ET; THENCE I~O RTIH 40 DEGREES 14 MINJITES 12 SBCON€S I5A9T 3OL430 FAT. THENM S+ UTK 8O1DEGAEtS 00 MINUTES 12 SECONDS FAST 3MOD FAT, THENCE SOUTH 00 DEVISES 14 UNUTES 12 SECONDS WEST 30,00 FEF-7 TO THE POINT OF 8ECKtANG, A".L IN WPAGE COUNTY, ILUNOt& I.%iisl DeWripbW for AWM E Wn A 12 FOQT STRIP OF GAD LYINCx 6 FEET UN, EITHER $FIDE ice- A i.6I IE HIINC THAT FART OF LOT i IN OA KBROOK VILLAGE C0V1rc 4S, BEING A RF-SUt VLc§QN W LOT i tM CkWSP40K VILLAGE GREEK, SU3DP? rJjC 1, aElKe PART OF SECTION 26, TDWNSKIP 39 NORTH, IM.GE 11„ FAST OF rt-IE THIRD PRINCIPAL NIJEADtM. ACCXMING TO APLAT'THEW+�EOF RECCADel) MAJtr.H 29, 1974 AS DOCUMENT ;�R74 - 14JCQ� A�111N D UPA Gi^ COUNTY, ILLIN,01S. DE9CRIBFD AS 1POL MS: flQli'Ii'41EACING AT A P OWT ON T.IE EAST LIKE OF "D'LOT t WITIi THE NORTH RIGI.4T OF 1KAY LINE OF 31ST S7 =ET, THENCE r40M'. -I 89 DEGREES 61 MINUTES 10 SEC)ONDS WEST &00 ,FEET ALONG TKF- NORTH BHT OF WAY UNE OAF WD 31ST STREET, T4Er�E NOF" 00 DEGREES 04 MINUTES 40 SECONIUSINEST I" FEE", "1TNENCE NORTfi `SDMMEDS 33 MINUTES 39 SECIDNM WEST 8&26 FEET. TH IM MORT)l 39 DEZIREES 4,5 IO WtLTES 355 i a 90.83 FEET; THENCE NORTH 00 DEGRJEEa 13 NUN UTBS 34 SEMNDS EW, 136,44= FRET; ;, Bra 1N0RTK 99 BGREBS -8 hiIt- UTES W SANDS lb&34 FEET'THVNCE SOUTH 26 DEGREES 40 M1NUTEIS 45 BECONDIS 1N UT 51,30 FEIN; THIN QE SOUTH 43 DE�GRE€S 29 MINUTE35 52 St NDS WEW 8260 FEET, THE:NM NORTH 00 DEGREM 23 MIN4JTES 5a SJ5=411S I}S-r3!0..122 Fes, THE 14CE -4KXTH 88 DEGREES 09 MINUTES 12 ADS F.JSTCA0 FEET TO TIFF POINT OF Tt f'CM1NA, f)OK ALL IN DU RAGE IIL.LlrNM Notes: 1. The Premises shall be setback from the Land's boundaries as required by the applicable governmental authorities. 2 Without in any way limiting Paragraph 6 (or Tenant's right to make future changes), Tenant intends to initially install up to twelve (12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above 3. The locations of any utility easements are illustrative only The actual locations will be determined by the servicing utility company in compliance with all local laws and regulations EXHIBIT D An Exhibit to the Agreement dated , 2006, by and between Village of Oak Brook, an Illinois municipal corporation, as Landlord, and Nextel West Corp., a Delaware corporation, as Tenant Project Plans dated July 21, 2006, for Sprint Site IL7025, Route 83 and 31`t Street, as prepared by Fullerton Engineering Consultants, Inc m w W Z Z z Q�0_ X d J °J00 a° m� Q NN B,n J oW Q w �aTnn �NLL i Q z 0 Z j Cn 9 as de -j,c o vm� a J K ^O > NQW zao r z a U w W z W N Q N W C C O w z ju (D w d w w p O z _0 U C W H W J W W W dI J (� V ~ �° lL W J w m ° C Ow °W z a a ~~L ZW C, ° w 0 7 Q N w w a0, w OX �aOK . z O Z N N N N N N AI a a au JJU ■ - ly XmW _j w Z -� oC14 zUL� 4=m) 1� z z j \,0 1 L1 u d 0� IWL L N Z 7:3 Q�o0��a � moo �0 Qm OQOLu 0 a LL W! 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