HomeMy WebLinkAboutRESOLUTION - 2-22 - 1/11/2022 - TV6 Holding, LLC, Sixth Amendment Ground Lease Agreement, SBARESOLUTION NO.2-22
A RESOLUTION AMENDING RESOLUTION NO.61-96, 6-09, 60-09,16-11, 5-12, 4-14,
50-14, 53-19 AND 67-20 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE A SIXTH AMENDMENT TO THE GROUND LEASE AGREEMENT
AND MEMORANDUM OF GROUND LEASE AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE AND TV6 HOLDINGS, LLC.
WHEREAS, the Village entered into a Ground Lease Agreement with AT&T Wireless
dated December 10, 1996, and Addendum dated December 10, 1996, First Amendment to
Ground Lease dated January 27, 2009, Second Amendment to Ground Lease Agreement dated
November 10, 2009, and Third Amendment to Ground Lease Agreement dated November 18,
2014 for certain property located at 1060 Oakton Street, Elk Grove Village, Illinois; and
WHEREAS, SBA Towers X, LLC succeeded the prior leasehold interests as Tenant; and
WHEREAS, the Village and Tenant entered into a Fifth Amendment to Ground Lease
Agreement dated September 8, 2020, which changed the location of the leased premises to
certain property located at 813 Willow Lane, Elk Grove Village, Illinois; and
WHEREAS, the Village of Elk Grove Village previously approved Cricket Wireless as
the first subtenant and Verizon Wireless as the second subtenant; and
WHEREAS, Tenant desires to sublease a portion of the leased premises to a third
subtenant, T-Mobile and shall pay the Village additional monthly rent.
Section 1. That the Mayor be and is hereby authorized to sign the attached documents
marked:
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: 5 NAYS: 0 ABSENT: 1
PASSED this I11h day of January 2022
APPROVED this 111h day of January 2022
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' Floor
Boca Raton, FL 33487-1307
Phone: 1-800-487-7483 Ext. 7906
Property Parcel ID: 08-22-303-010
AMENDMENT TO GROUND LEASE AGREEMENT
THIS AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is
made as of the day of 2022, 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 SBA TOWERS X, 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;
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;
WHEREAS, TV6-W, LLC, merged with and into TV6 Holdings, LLC, a Delaware limited
liability company effective June 8, 2015;
WHEREAS, TV6 Holdings, LLC and Tenant entered into an Assignment and Assumption
of Option and Land Lease dated October 19, 2020; and
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo S B A.ft
Site ID: IL17072-A to IL22745-S
WHEREAS, Landlord and Tenant desire and intend to amend and supplement the Ground
Lease as provided herein.
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. Sublease: Tenant may sublease a portion of the premises to T-Mobile ("Fourth
Subtenant") upon such terms and conditions as Tenant and Fourth Subtenant shall agree.
2. Additional Rent. Tenant shall pay Landlord, in addition to the Rent required by the
Agreement, the amount of Nine Hundred Twenty -Five Dollars and No/100 ($925.00) per month
("Fourth Additional Rent") for the sublease of a portion of the Premises to Fourth Subtenant. Such
increase shall be effective upon commencement of rent payments by Fourth Subtenant to Tenant
("Fourth Additional Rent Commencement Date") and the Fourth Additional Rent shall increase
four percent (4%) per year on the anniversary of the Fourth Additional Rent Commencement Date,
and shall cease upon the earlier of (i) the termination of the Agreement, or (ii) the Fourth
Subtenant's cessation of operations and removal of all of its equipment from the Premises.
3. 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.
4. 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.
5. 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.
6. Capitalized terms not defined in this Amendment will have the meaning ascribed to such
terms in the Ground Lease.
7. 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: IL17072-A to IL22745-S
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF }
LANDLORD:
THE VILLAGE OF ELK GROVE VILLAGE,
an Illinois home rule municipal corporation
By:
Title:
Date:
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 2022.
Sign Name:
Print Name:
Notary Public
My Commission expires on:
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo
Site ID: IL17072-A to IL22745-S
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA }
} .ss:
COUNTY OF PALM BEACH }
TENANT: SBA TOWERS X, 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 SBA TOWERS X, LLC, a Delaware limited liability company, by
means of [ ] physical presence or [ ] online notarization, 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
of , 2022.
Sign Name:
Print Name:
Notary Public
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo
Site ID: IL17072-A to IL22745-S
day