HomeMy WebLinkAboutRESOLUTION - 61-96 - 12/10/1996 - GROUND LEASE AGRMT/AT&T WIRELESS RESOLUTION NO. 61-96
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND AT&T WIRELESS SERVICES CORPORATION
(1060 OAKTON AVENUE)
NOW, THEREFORE, BE IT RESOLVED by the President 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 village President be and is hereby authorized to
sign the attached documents marked:
AT&T 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 Village President.
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 10th day of December 1996.
APPROVED this 10th day of December 1996.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
GROUND LEASE AGREEMENT
1: Definitions of Terms Used in this Document:
1.1 Landlord's Contact PemQn 1.9 Term
Village Manager The Initial Term and any extension term
Village of Elk Grove Village or year-to-year term described in
901 Wellington Sections 2 and 3.
Elk Grove Village,IL 60007
(847)439-3900 1.10 PropeEly
1.2 Landlor Ground space of 20' x 40' to construct a
10'x 20' equipment enclosure and install
Village of Elk Grove Village 9 antennas on a monopole at
901 Wellington Avenue approximately the 112 foot level
Elk Grove Village,IL 60007 on certain real property("Property")
with a common address of
1.3 Name and Address for Payment of Rent 1060 Oakton Avenue,
Elk Grove Village, IL, and the
Village of Elk Grove Village easements conferred herein,all as
901 Wellington Avenue legally described on Exhibit A and
Elk Grove Village,IL 60007 marked on the sketches on Exhibit
ATTN: Finance Dept. B attached hereto and made a part
hereof.
1.4 Taxpayer Identification
E9998-1017-03 1.11
1.5 Property Identification Number This Ground Lease Agreement including
Exhibits A,B,and Addendum No. 1.
08-22-303-006,08-22-303-007
1.12 Tenant
1.6 Commencement Date
AT&T Wireless PCS, Inc.
January 1, 1997 a Delaware corporation
1.7 Initial Term 1.13 Tenant's Contact Per5gn
Five(5)years AT&T General Counsel
(312)368-3500 FAX(312)630-4920
1.8 Initial Ren
$18,000.00 annually 1.14 Tenant's Address
$1,500.00 monthly
AT&T Wireless Services
227 W.Monroe,Suite 5050
Chicago, IL 60606
2: Term and Options to Extend
2.1 Initially. Landlord leases the Property to Tenant for the Initial Term and on the terms and
conditions of this Lease beginning on the Commencement Date at the Initial Rent as adjusted in succeeding
years pursuant to Section 2.3 below.
2.2 Option to Extend. The term of this Lease shall be automatically renewable for four (4)
additional terms of five(5)years each following the original term or any renewable term at the annual rental
stated below and otherwise upon the same terms and conditions stated in this Lease. If Tenant desires to not
extend any subsequent term of the Lease it shall give Landlord written notice of its intention to not extend the
term at least sixty (60) days prior to the expiration of the then current term whereupon the Lease shall be
deemed canceled upon the expiration of the then carrent term.
2.3 Rent During Extension Terms.
(A) Rent shall be increased on each anniversary of the Commencement Date by an
amount equal to four percent(4%)of the Rent for the previous year.
(B) On or before the Commencement Date, Tenant shall deposit with Landlord the
sum of$1,000.00(the"Security Deposit"). Said Security deposit shall be held by Landlord
as security for the faithful performance by Tenant of the terms,covenants and conditions of
this Agreement. If Tenant defaults under this Agreement, which default is not cured by
Tenant as provided in Paragraph 12.1,Landlord may use,apply or retain all or a part of this
Security Deposit to compensate Landlord for any actual loss, damage or expense incurred
or suffered by Landlord by reason of Tenant's incurred default. Prior to Landlord invading
the Security Deposit, it shall first give Tenant written notice of its intention to do so and
with that notice shall provide to Tenant written documentation of the loss damage or
expense for which Landlord seeks compensation from the Security Deposit. such notice
and documentation shall be provided by Landlord to Tenant within thirty(30)days after the
date of the occurrence which gives rise to Landlord's claimed loss, damage or expense.
Failure to provide such notice and documentation within such time shall result in a waiver
by Landlord of the right to invade the Security deposit. If the Security Deposit is invaded
by Landlord in accordance with this paragraph, Tenant shall restore the Security Deposit
within forty-five (45) days after the notice and demand from Landlord. Landlord shall
return the Security Deposit to Tenant or Tenant's assignee within forty-five (45) days after
the date of expiration or termination of this Agreement.
(C) The rent and the Arinual incremental increases thereof, shall be subject to
renegotiation by the parties on the tenth (10th) 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 (10th) or twentieth (20)
anniversary,then this Lease shall terminate one hundred twenty(120)days thereafter. Inno
event shall any new rent be less than the then current rental.
(D) As additional consideration, Tenant shall provide to Landlord at the time it
commences commercial service, a one time credit for $8,000.00 toward the purchase of
Tenant's wireless telephone equipment.
(E) The rent as stated in Section 1.8 shall be reduced to$15,000 annually($1,250)per
month) plus accrued increases pursuant to Section 2.3a above set forth at such time as
Landlord co-leases the properr� to any third party co-tenant, which reduced rent shall be
effective on the first day of the next month after the effective commencement date of any
such co-lease agreement.