HomeMy WebLinkAboutRESOLUTION - 53-03 - 9/9/2003 - SITE LEASE AGREEMENT/WATER TOWERRESOLUTION NO. 53-03
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A SITE LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND CLIENTISERVER CONSULTING GROUP, INC., DIBIAI
DATAFLO (1141 Hawthome Lane and 701 Pratt Boulevard)
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:
COMMUNICATIONS SITE LEASE AGREEMENT
(WATER TOWER)
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 9th day of September 2003.
APPROVED this 9th day of September 2003.
ATTEST.
Ann L Walsh,
Village Clerk
APPROVED:
Craig B. Johnson, Mayor
RES0602agreewateitowerdoc
COMMUNICATIONS SITE LEASE AGREEMENT (WATER TOWER)
This Communications Site Lease Agrcmierd (Water Tower) ("Agreement") is entered into this _ day of
2002, between Client/Server Consalting Group, Inc., d/b/a DataFlo ("Lessee"), and Elk Grove Village� an Illinois municipal corporation, ("Lessor").
For good and valuable cortsideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows
1. Premlsies. Lessor is the owner of certain water towers located in the Village located at 1141 Hawthorn Lane and 701 Pratt Blvd
(sometimes liminafter referred to as the Water Towers or the "Property") Lessor hereby lease:s to Lessee and Lessee team from Lessor, an area on,
in or adjacent to each water tower for a cabinet approximately 4'x 4' x 2' and space on the Water Towers to install up to 8 panels on each of the
Water Towers and all access and utility easermists, if any, (collectively, the "Premises").
2. jLse. The Premises may be used by Les= for any activity in connection with the provision of internet access services. Lessor agrees to
cooperate with Lessee, at Lessees expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals
that may be required for Lessees intended use of the Premises.
3. Tests and Construction Lessee shall have the right at my time following the full execution of this Agreement to enter upon the Property
for the purpose of making appropriate engineering mrveys, inspections, and other reasonably necessary tests and constructing the Lessee Facilities
(as defined in Paragraph 6(a)). Upon Lessee's request Lessor agrees to provide promptly to Lessee copies of all plans, specifications, and water
tower maps for the Water Towers. The water tower map shall include the elevation of all antennas on the Water Towers and the frequencies upon
which eacla operates. Lessee shall indemnify aad hold Lessor, its officers, agents and employees harmless from all claim (including reasonable
attorneys' fees, costs and expenses of defending against such claim(s)) arising from the negligence or willful misconduct of Lessee or Lessee's agents
or employees during mid tests and construction. Lessor agrees to pay up to and act exceeding $950 ($475 per tower) which is anticipated to cover
50% of the engineering review and inspection fees. Payment will be made upon receipt of the engineering firms detailed invoice.
4. 1�erm. The term of this Agreement shall be for five (5) years commencing on the date Lessee begins construction of the Lessee Facilities (w
defined in Paragraph 6(a)) ("Commencement Date') and terminating on the fifth anniversary of the Commetimment Date (die *Term") unless
otherwise terminated as provided in Paragraph 10. Lessee "I have the right to extend the Term for three (3) successive five (5) year periods (die
'Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive
Renewal Tenn untess� Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. The phrase
"begins construction" (as used in Paragraph 4 above) shall men when Lessee has obtained all permits, licenses and other necessary approvals to
begin construction of Lessee Facilities (as; defined below) and has physically moved men and equipment onto the Property for such construction.
5. A-C—st.
(a) Within thirty (30) days of the Commencement Date, the Lessee shall install the equipment set forth on Exhibit A attached hereto
for the private city wireless network (the "Wimiess histallation!'). The Wireless Installation shall be done in a good anil workmanlike manner am
shall be free of all liens and enctuntarances. The Lessor shall pay the Lessee Thirteen Thousand Eight Hundred Fifty Dollars ($13,850) within 10
days of the completion of the wireless installation for die private city networlL
(b) Within thirty (30) days of die commencement date and on the first day of each nonth thereafter, Lessee shall pay to Lessor as
Rent Seven Hundred Dollars ($350.00 per month per tower). Rent for any finctional month at the beginning or at the end of the Tenn or Renewal
Term shall be pmrated, Rent shall be payable in Lessor at its main office which is currently located at 901 Wellington Ave, Elk Grove Village,
Iflinois, 60007. Lessee will provide maintenance service to Lessor and initial installation services (the "Services") in lieu of rent for the first term. If
the Lewor determines to accept the Services of the Lessee for the second or third renewal term, the Lessee shall provide such Services to the Lessor
without any cost or expense to the Lessor.
(C) Rent for each Renewal Term shall be according to the following schedule:
Rent for First Renewal Turn $ — 700 -- I month (Offset by initial service credits totaling $700)
Rent for Second Renewal Term $725 — / month
Rent for Third Renewal Term $ _745 / month
(d) The rent and the annual incremental increases thereof, shall be subject to renegotiating by the parties on the tenth (10*)
and twentieth (20) anniversary of the Commencement Date, provided the lease is so extended. In the event the parties are unable to
agree upon new terms within thirty (30) days after the tenth (10') or twentieth (20) anniversary, then the lease shall terminate one
hundred eighty (180) days thereafter. In no event shall any new rent be less than the then current rental.
(e) In subsequent renewal terms, Lessor may elect to upgrade their wireless network. Lessor will purchase upgraded
equipment from Lessee and Lessee will install at no cost the new upgraded equipment and continue to offset tower rentals by providing
initial installation, continued maintenance and support services. Lessor may also elect not to upgrade their network and lease services
provided by Lessee's network.
6. Facilities; Utilities; Access.
Tower Le�.dm
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