HomeMy WebLinkAboutRESOLUTION - 67-20 - 9/8/2020 - 813 Willow Lane, Ground Lease Agreement, 5th AmendmentRESOLUTION NO.67-20
A RESOLUTION AMENDING RESOLUTION NO. 61-96, 6-09, 60-09,16-11, 5-12, 4-14,
50-14 AND 53-19 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A FIFTH AMENDMENT TO THE GROUND LEASE AGREEMENT AND
MEMORANDUM OF GROUND LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND TV6 HOLDINGS, LLC. (813 WILLOW LANE)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
TV6 HOLDINGS, LLC.
AMENDMENT TO
GROUND LEASE AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is
authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage and
approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 8th day of September 2020.
APPROVED this 8th day of September 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
Prepared by: Wendy Carrick
After recording return to: Rita Drinkwater
SBA Network Services, LLC
8051 Congress Avenue, 3`d Floor
Boca Raton, FL 33487-1307
Phone: 1-800-487-7483 Ext. 7906
Property Parcel ID: 08-27-100-048-0000
AMENDMENT TO GROUND LEASE AGREEMENT
THIS AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is
made as of the day of 2020, by and between THE VILLAGE OF ELK
GROVE VILLAGE, an Illinois home rule municipal corporation located in Cook and DuPage
Counties, having an office at 901 Wellington Avenue, Elk Grove Village, Illinois 60007
("Landlord") and TV6 HOLDINGS, LLC, a Delaware limited liability company with an address
at 8051 Congress Avenue, Boca Raton, Florida 33487-1307 ("Tenant").
WHEREAS, Landlord and AT&T Wireless Services, Inc.,. a Delaware corporation
("AT&T") entered into a certain unrecorded Ground Lease Agreement, dated December 10, 1996
and last executed on January 3, 1997, as amended on December 10, 1996, on February 6, 2009, on
December 7, 2009 and on November 18, 2014, (collectively, the "Ground Lease") whereby
Landlord leased to AT&T a portion of that certain real property, located at 1060 Oakton Avenue,
Village of Elk Grove, County of Cook, State of Illinois (hereinafter, the "Property") and also
described in the Ground Lease for the construction and operation of a wireless communications
facility; and
WHEREAS, Tower Assets Newco IX LLC, a Delaware limited liability company,
successor in interest to AT&T and TV6-W, LLC, a Delaware limited liability company entered
into an Assignment and Assumption of Ground Lease dated January 1, 2014, and
WHEREAS, TV6-W, LLC, merged with and into Tenant effective June 8, 2015; and
WHEREAS, Landlord and Tenant desire and intend to, amend and supplement the Ground
Lease as provided herein.
Site Name: Elk Grove Fire Station to Elk Grove fire Station Relo SBA
Site ID: IL17072-A to IL22745-S
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the
following modifications to the Ground Lease:
1. Section 1.10 Property of the Ground Lease, is hereby deleted in its entirety and replaced
with the following:
1.10 Propert
3,600 (90' x 40') square feet of the certain real property with a common
address of, 811 Willow Lane, Elk Grove Village, IL 60007, having a
Property Parcel ID: 08-27-100-048-0000 (the "Property").
2. Section 1.14 Tenant's Address of the Ground Lease, is hereby deleted in its entirety and
replaced with the following:
1.14 Tenant's Address
TV6 Holdings, LLC
8051 Congress Avenue
Boca Raton, FL 33487-1307
RE: IL22745-5/ Elk Grove Fire Station Relo
Attn: Site Administration
Phone # - (561) 995-7670
3. Exhibit A to the Ground Lease is hereby deleted in its entirety and replaced with the revised
Exhibit A — Legal Description, attached hereto and made a part hereof.
4. Exhibit B to the Ground Lease is hereby deleted in its entirety and replaced with the revised
Exhibit B — Site Plan, attached hereto and made a part hereof.
5. This Amendment will be governed by and construed and enforced in accordance with the
laws of the State in which the Premises are located without regard to principles of conflicts of law.
6. This Amendment may be executed in counterparts, each of which shall be deemed an
original document, but all of which will constitute a single document. This document shall not be
binding on or constitute evidence of a contract between the parties hereto until such time as a
counterpart of this document has been executed by each party and a copy thereof delivered to each
other party of this Amendment.
7. Except as specifically set forth in this Amendment, the Ground Lease is otherwise
unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In the event
of any inconsistencies between the Ground Lease and this Amendment, the terms of this
Amendment shall take precedence.
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL17072-A to I1,22745-5
8. Capitalized terms not defined in this Amendment will have the meaning ascribed to such
terms in the Ground Lease.
9. This Amendment shall be effective as of the date last executed below
[SIGNATURE PAGE(S) TO FOLLOW]
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: I1,17072-A to IL22745-S
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
WITNESSES: LANDLORD:
THE VILLAGE OF ELK GROVE VILLAGE,
an Illinois home rule municipal corporation
By:
Print Name: Title:
Date:
Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid, to take acknowledgments, personally appeared
as for THE VILLAGE OF ELK
GROVE VILLAGE, an Illinois home rule municipal corporation, to me known to be the person
described in and who executed the foregoing instrument and who acknowledged before me that he
executed the same in the capacity aforestated.
WITNESS my hand and official seal in the County and State last aforesaid the day
of , 2020.
Sign Name:
Print Name:
Notary Public
My Commission expires on:
Site Name: Elk Grove Tire Station to Elk Grove Fire Station Relo $ Bq
Site ID: IL17072-A to IL22745-S
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA }
} .ss:
COUNTY OF PALM BEACH }
TENANT: TV6 HOLDINGS, LLC,
a Delaware limited liability company
By: Alyssa Houlihan
Title: Vice President, Site Leasing
Date:
I , a notary public of Palm Beach County, Florida
CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid, to take acknowledgments, personally appeared ALYSSA HOULIHAN, as Vice
President, Site Leasing of TV6 HOLDINGS, LLC, a Delaware limited liability company, to me
known to be the person described in and who executed the foregoing instrument and who
acknowledged before me that she executed the same in the capacity aforestated.
WITNESS my hand and official seal in the County and State last aforesaid the day
of )2020.
Sign Name:
Print Name:
Notary Public
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo S BA
Site ID: I1,17072-A to I1-22745-S
EXHIBIT - A
Legal Description
LOT 2 IN UDDALL PARK NORTH SUBDIVISION AND ACEES EASEMENT
LEGAL DESCRIPTIONS
Parcel 1:
LOT 2 OF UDALL PARK NORTH SUBDIVISION BEING PART OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS AS
SHOWN ON PLAT OF SAID SUBDIVISION RECORDED ON JUNE 30, 2020 AS DOCUMENT NO. 2018201068.
Parcel 2:
R LOT 1 FOR THE BENEFIT OF LOT 2 IN UDALL PAR
UTILITY AND 24-HOUR ACCESS EASEMENT OVE
NORTH SUBDIVISION AS SHOWN ON THE PLAT OF SAID SUBDIVISION RECORDED ON JUNE 30, 2020 AS
DOCUMENT NO. 2018201068 AND DESCRIBED MORE PARTICULARLY AS FOLLOWS:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MER!D'AN, VILLAGE OF ELK GROVE, COOK COUNTY,
ILLINOIS CONTAINING 11,388 SQUARE FEET (0.261 ACRES) OF LAND AND BEING DESCRIBED BY.
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 27 WITH THE EAST LINE OF THE WEST 100 FEET OF THE EAST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27 (ALSO BEING A
POINT ON THE EAST LINE OF ELK GROVE VILLAGE SECTION 1 EAST SUBDIVISION PLAT); THENCE NORTH
11 DEGREES 25 MINUTES 4 SECONDS WEST, 655.47 FEET ALONG THE EAST LINE OF THE WEST 100 FEET
OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27
(ALSO BEING THE EAST LINE OF ELK GROVE VILLAGE SECTION 1 EAST SUBDIVISION PLAT); THENCE
NORTH 89 DEGREES 34 MINUTES 56 SECONDS EAST, 382,32 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 48 MINUTES 57 SECONDS EAST, 42.50 FEET; THENCE SOUTH 01 DEGREES 11
MINUTES 03 SECONDS EAST, 10.02 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 57 SECONDS WEST,
70.50 FEET; THENCE NORTH 01 DEGREES 11 MINUTES 03 SECONDS WEST, 25.83 FEET; THENCE SOUTH
88 DEGREES 48 MINUTES 57 SECONDS WEST, 73.80 FEET; THENCE NORTH 69 DEGREES 12 MINUTES 23
SECONDS WEST, 22.78 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 17 SECONDS WEST, 200.96 FEET;
THENCE NORTH 44 DEGREES 33 MINUTES 02 SECONDS WEST, 19.36 FEET; THENCE SOUTH 88 DEGREES
48 MINUTES 57 SECONDS WEST, 44.65 FEET TO A POINT ON THE EAST LINE OF WILLOW LANE; THENCE
NORTH 00 DEGREES 25 MINUTES 04 SECONDS WEST, 28.00 FEET ALONG SAID EAST LINE TO THE
SOUTHWEST CORNER OF WILLOW WOODS CONDOMINIUM; THENCE NORTH 88 DEGREES 48 MINUTES
57 SECONDS EAST, 56.34 FEET ALONG THE SOUTH LINE OF WILLOWS WOODS CONDOMINIUM; THENCE
SOUTH 44 DEGREES 33 MINUTES 02 SECONDS EAST, 19.66 FEET; THENCE NORTH 89 DEGREES SO
MINUTES 17 SECONDS EAST, 189.18 FEET; THENCE SOUTH 61 DEGREES 39 MINUTES 32 SECONDS EAST,
29.13 FEET; THENCE NORTH 88 DEGREES 48 MINUTES 57 SECONDS EAST, 97.08 FEET; THENCE SOUTH 01
DEGREES 11 MINUTES 03 SECONDS EAST, 37.97 FEET TO THE POINT OF BEGINNING, BEING SUBJECT TO
ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD.
Parcel 08-27-100-048-0000 (Pt.)
Address: 811 Willow Lane, Elk Grove Village, IL 60007
Initials:
Initials:
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo rSBAIN
Site 1D: 1L17072-A to IL22745-S
EXHIBIT - B
Site Plan
The Site shall consist of 3,600 (90' x 40') square feet of ground space along with easement rights
for access to the Site and parking by vehicle, trucks, heavy machinery or foot from the nearest
public way and for the installation of utility wires, poles, cables, conduits and pipes on the Property
in the approximate locations as depicted below:
i`
PP.OP05ED EXCLU51VG s
PP.OP05ED 90' X 40'
NON-EXCLUSIVE 56A ACCE55 t
(3 600 50 FT.) EXCLU5IVE
1r
UTILITY EASEMENT
5BA LEA5E AREA
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NOT TO SCALE
Initials:
Initials:
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL17072-A to 11_22745-S