HomeMy WebLinkAboutRESOLUTION - 33-23 - 7/18/2023 - VERIZON FIRST AMENDMENT GROUND AND WATER TOWER LEASE AGREEMENTRESOLUTION NO.33-23
A RESOLUTION AMENDING RESOLUTION NO.21-15 AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO THE
GROUND AND WATER TOWER LEASE AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND CHICAGO SMSA LIMITED PARTNERSHIP (DBA
VERISON WIRELESS)
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 follow:
Section 1: That the Mayor be and is hereby authorized to sign the attached document
marked:
FIRST AMENDMENT TO 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 document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect after its passage and
approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 18' day of July 2023
APPROVED this 181h day of July 2023
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
DocuSign Envelope ID: F1FC791C-ADA1-42D1-9A47-F9B4B3D7F02C
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this "First Amendment") is
made as of the day of Jul 27, 2023 2023, 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 CHICAGO SMSA LIMITED PARTNERSHIP DB/A VERIZON
WIRELESS with an address at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
Jersey 07920 ("Tenant").
WHEREAS, Landlord and Tenant entered into a certain Ground and Water Tower Lease
Agreement, dated May 26, 2015 (the "Lease") whereby Landlord leased to Tenant a portion of
that certain real property, located at 701 Pratt Boulevard, Village of Elk Grove, County of Cook,
State of Illinois and also described in the Lease for the construction and operation of a wireless
communications facility; and
WHEREAS, the parties have agreed to permit Tenant to relocate its equipment to a new
communications tower ("New Tower") to be constructed by Landlord on ground space which will
be described below; and
WHEREAS, Landlord and Tenant desire and intend to, amend and supplement the 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 Lease:
1. Section 1.10 Property of the Lease, is hereby deleted in its entirety and replaced with the
following:
1.10 Propeqy
Landlord is the owner of certain real property (the "Land") with the
common address of 2035 Tonne Road, Elk Grove Village, Illinois, 60007.
The Land is legally described in Exhibit A-1.
2. Section 1.11 Premises of the Lease, is hereby deleted in its entirety and replaced with the
following:
1.14 Premises
Landlord hereby leases to and Tenant leases from Landlord, approximately
480 square feet (16' x 30') of land, space on Landlord's telecommunications
Site Name: Devon & Tonne/701 Pratt
Verizon NIDG Number: 5000372353
monopole, and all access and utility easements (the "Premises") as
described in Exhibit B-1 to this First Amendment.
3. Exhibit A to the Lease is hereby deleted in its entirety and replaced with the revised Exhibit
A-1, attached hereto and made a part hereof.
4. Exhibit B to the Lease is hereby deleted in its entirety and replaced with the revised Exhibit
B-1, attached hereto and made a part hereof.
5. Landlord shall pay for all of the costs incurred by Tenant in connection with the relocation
from the Water Tower to the New Tower. At the completion of the relocation to the New Tower,
Tenant shall provide Landlord documentation summarizing the costs incurred and paid by Tenant,
which Landlord shall pay within ninety (90) days of receipt. Should Landlord not make payment
within ninety (90) days, Tenant, at its sole option and upon written notice to Landlord, may begin
abating the rent until a time that the amounts due for the relocation costs have been completely
recouped by Tenant.
6. Landlord will own and maintain the New Tower facility. Tenant shall have the right to
replace, repair, add or otherwise modify its utilities, equipment, antennas, and/or conduits or any
portion thereof within the Premises, provided that:
a.) The replacement, repair or modification does not substantially increase tower loading
of the New Tower;
b.) Such installation is limited to equipment operated by Tenant; and
c.) Tenant has obtained all of the certificates, permits and other approvals that may be
required by any Federal, State, or Local authorities, as well as satisfactory structural
analysis which will pen -nit Tenant use of the Premises as set forth above. Landlord will
cooperate with Tenant in its effort to obtain such approvals.
7. This First 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.
8. This First 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 First Amendment.
Site Name: Devon & Tonne/701 Pratt
Verizon MDG Number: 5000372353
9. Except as specifically set forth in this First Amendment, the 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 Lease and this First Amendment, the terms of this First Amendment
shall take precedence.
10. Capitalized terms not defined in this First Amendment will have the meaning ascribed to
such terms in the Lease.
11. This First Amendment shall be effective as of the date last executed below
[SIGNATURE PAGE(S) TO FOLLOW]
Site Name: Devon & Tonne/701 Pratt
Verizon MDG Number: 5000372353
DocuSign Envelope ID: F1FC791C-ADA1-42D1-9A47-F9B4B3D7F02C
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
TENANT: LANDLORD:
CHICAGO SMSA LIMITED PARTNERSHIP THE VILLAGE
DB/A VERIZON WIRLESS an Illinois home r
By: Cellco Partnership, Its General Partner
By: E By:
GROVE VILLAGE,
ipal corporation
Jessica Dewalt
Print Names Print Name:
Sr. Manager, Engineering. verizon wir e s
Title: Title: V
Date: Jul 27, 2023 Date: 20 �
Site Name: Devon & Tonne1701 Pratt
Verizon MDG Number: 5000372353
EXHIBIT A-1
Property Legal Description
LOT 2 IN THE TONNE MONOPOLE SUBDIVISION, BEING A SUBDIVISION OF PART
OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 34, IN
TOWNSHIP 41 NORTH, RANGE I EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE. PLAT THEREOF RECORDED FEBRUARY 7, 2023 AS
DOCUMENT NO. 2303815010.
Common Address: 2025 Tonne Road, Elk Grove Village, Illinois 60007
Permanent Index Number: 08-34-300-050-0000 (Underlying)
Site Name: Devon & Tonne/701 Pratt
Verizon MDG Number: 5000372353
EXHIBIT B-1
Premises
The Site shall consist of 480 (16' x 30') square feet of ground space, space on Landlord's
telecommunications monopole, 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 in the following pages.
See Attached.
Site Name: Devon & Tonne/701 Pratt
Verizon MDG Number: 5000372353
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NOTES -NEW
LAYOUTROD BV LIGHTNING
THIS AWING I ORE%HIBIT AND 3
LAYOUT PURPOSES ONLY. OTHER CARRIER ANTENNAS
REFER TO STRUCTURAL ANALYSIS 1 �+ �� ® I30' x AG.L
RE PORT PROVIDED BY TOWER �11R 3u'g
OWNER._ PROPOSED LESSEE ANTENNAS o P ^
■� DD r < d
G.C. TO ADJUST HEIGHT OF MOUNT I. ( AMOUNTING PLATFORM
BY x6' AS NEEDED TO AVOID E ;D i c �
CLIMB I NG FACILITIES. G.G. IS NOT x6
TO REMOVE OR DAMAGE CLIMBING
FACILITIES DURING INSTALLATION,
OTHER CARRIER ANTENNAS _
�LtD 106'x A.G.L.
a
a
II I
sF a
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LLO ;O ti ill { T S
H w
� O ' NEW 135' MONOPOLE - J � w
0 �I TOWER BY L.L. - 3
b �
-
O F 0
0
PROPOSED DOGHOUSE TO BE INSTALLED —
ONEXISTINGWATERTANKBYLL L -
O
PROPOSED WAVEGUIDE& ICE LOC. # 285829
BRIDGE DAYLIGHT POINT OF
CONDUITS TO EQUIPMENT
0
PROPOSED LESSEE D E VO N
EQUIPMENT PLATFORM & TONNE
PROPOSED LESSEE GENERATOR
MOUNTED ON CONCRETE PAD
2025 TONNE ROAD
ELK GROVE VILLAGE
IL, 60007
NEW WROUGHT IRON FENCE BY '
/ L.L. (PARTIALLY SHOWN u o6
1/ FOR CLARITY)
�1 II I �, , Bro1R013
SITE ELEVATION
-=== PROPOSED O'%<'CONCRETE L
PAD FOR COA%TO DAYLIGHT
PROPOSED (2) 6- 0 UNDERGROUND sneer rvVMsea
CONDUITS FROM EQUIPMENT TO
TOWER (xn LF.) ANT-1
SOUTH ELEVATION
SCALE.
c....«.. IIpHNA. Arwe IaT rLrw. o...ar a.vo
ANTENNA SUMMARY
NOTE.
THIS DETAIL IS SCHEMATIC AND IS INTENDED TO
IDENTIFY ANTENNA AZIMUTHS. REFER TO DETAILS I
B 2 ON THIS SHEET FOR EQUIPMENT MODELS AND
QUANTITIES. REFER TO SHEET ANT -]A FOR MOUNT
DETAILS.
SECTOR -GAMMA
AZIMUTH ]20' d
SECTOR -BETA
AZIMUTH 200'
&ANTENNA PLAN SCHEMATIC
N.T,S.
ANTENNA
EQUIPMENT PLATFORM
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Equipment Summary
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-
ELK GROVE VILLAGE
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SE iT E
ANTENNA INFORMATION
0EQUIPMENT SUMMARY
N.T.S,
ANT-2
EASEMENT EXHIBIT LEGEND
— — — — — — — - EASEMENT HEREBY GRANTED
FOR THE — — — — — — — = EXISTING EASEMENT
TONNE ROAD MONOPOLE SITE P.O B. POINT OF BEGINNING
%P�O%C�� PONT
OF COMMENCEMENT
VILLAGE OF ELK GROVE VLLAGEi/!/1l!! N
- PROPOSED LEASE AREAS
COOK COUNTY, ILLINOIS a
(NORTH LINE LOT 2) S01'20'03"E
N88'39'57"E 4.00' 0 10 20
+ 150.02' • P.O.B. LEASE AREA A S88'39'57'W SCALE FEET
32.99'
I I N88'39'57"E FF6;00'JJJ�
(\ i 30.Cm
W� �N�957'E�
0'� /n j0� N
O r
S�
�o I So LOT 2zw � o �
N I 30.00' o% Z a
3 I 588'39'57"W
Wu r PROPOSED UTILITY EASEMENT
�o Ww+
PCii w�`" I N88'39'S7"E S88'3957"W S88'39'57"W
.� Z F ] III 91gdA a?%��jF7/ 3.43'
%%' /30 00 � ....� 1
00"N88'39'S7"E 3
NEM ENO
AREA /o:=� LEASE $
C� O LEASE O,g� ci o
30.00' i �i/8 39'S7
S88'39'S7"W �� S88'39'S7"W 1
Z25.00'
11.49' -
1 _
S88'39'57"W 46.78' x%
—y • 150.01' * P.O.B. LEASE AREA C
N88'39'57"E P.D.B. LEASE AREA O SE CORNER LOT 2
(SOUTH LINE LOT 2) N01'20'03"W
4.86' P o cLEASAA
N01'20'03'W . LEE AREA B
P.O.C. LEASE AREA C
2.00' P.O.C. LEASE AREA D
S IR YOR's CERTIFICATE
STATE OF ILLINOIS)
)SS
COUNTY OF KANE)
THIS IS TO CERTIFY THAT I, THE UNDERSIGNED, AN ILLINOIS PROFESSIONAL
LAND SURVEYOR, HAVE SURVEYED THE ABOVE -DESCRIBED PROPERTY, AND
THAT THIS PLAT WAS PREPARED FOR THE PURPOSE OF GRANTING EASEMENTS
TO ELK GROVE VILLAGE FOR PURPOSES STATED HEREON.
GIVEN UNDER MY HAND AND SEAL THIS __ _TH DAY OF 2023.
5 E PErF ,III FOR REVIEW
CHRIS E. PETERSON
ILLINOIS PROFESSIONAL LAND SURVEYOR #3678
U i v arEssloNA�'2 i (EXPIRES 11-30-24)
ii SURYE�YOR ENGINEERING ENTERPRISES, INC.
i m' sucAR cnovE; qS 52 WHEELER ROAD,
SUGAR GROVE, IL 60554
Engineering Enterprises, Inc.
VILLAGE OF ELK GROVE VILLAGE DATE: JUNE 30. 2023
PROJECT NO. EGV2109
` CONSULTING ENGINEERS 901 WELLINGTON DRIVE
52 Wheeler Road FILE NO EGV2109 EASEMENT
Sugar Grove, Illinois 60554 ELK GROVE VILLAGE, IL
630.466.6700 / www.eeiweb.com 60007-3456 PAGE 1 OF 1
N0. DATE REVISIONS
Tonne Road Monopole Site
Utility Easement Legal Description
ALL OF LOT 2 IN TONNE MONOPOLE SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED FEBRUARY 7, 2023 AS DOCUMENT NUMBER 2303815010, IN COOK COUNTY, ILLINOIS,
EXCEPTING THEREFROM LEASE AREAS A, B, C, AND D DESCRIBED AS FOLLOWS:
LEASE AREA A: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 02
DEGREES 09 MINUTES 01 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF
50.01 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 88 DEGREES 39 MINUTES 57
SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 32.99 FEET; THENCE
SOUTH 01 DEGREE 20 MINUTES 03 SECONDS EAST, 4.00 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 01 DEGREE 20 MINUTES 03 SECONDS EAST, 16.00 FEET; THENCE
SOUTH 88 DEGREES 39 MINUTES 57 SECONDS WEST, 30.00 FEET; THENCE NORTH 01 DEGREE 20
MINUTES 03 SECONDS WEST, 16.00 FEET; THENCE NORTH 88 DEGREES 39 MINUTES 57 SECONDS
EAST, 30.00 FEET TO THE POINT OF BEGINNING.
LEASE AREA B: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 02
DEGREES 09 MINUTES 01 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF
18.00 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 57 SECONDS WEST, 3.43 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 39 MINUTES 57 SECONDS WEST,
16.00 FEET; THENCE NORTH 01 DEGREE 20 MINUTES 03 SECONDS WEST, 30.00 FEET; THENCE
NORTH 88 DEGREES 39 MINUTES 57 SECONDS EAST, 16.00 FEET; THENCE SOUTH 01 DEGREE 20
MINUTES 03 SECONDS EAST, 30.00 FEET TO THE POINT OF BEGINNING.
LEASE AREA C: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88
DEGREES 39 MINUTES 57 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE
OF 46.78 FEET; THENCE NORTH 01 DEGREE 20 MINUTES 03 SECONDS WEST, 4.86 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 39 MINUTES 57 SECONDS WEST, 30.00 FEET;
THENCE NORTH 01 DEGREE 20 MINUTES 03 SECONDS WEST, 16.00 FEET; THENCE NORTH 88
DEGREES 39 MINUTES 57 SECONDS EAST, 30.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 03
SECONDS EAST, 16.00 FEET TO THE POINT OF BEGINNING.
LEASE AREA D: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88
DEGREES 39 MINUTES 57 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE
OF 11.49 FEET; THENCE NORTH 01 DEGREE 20 MINUTES 03 SECONDS WEST, 2.00 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 39 MINUTES 57 SECONDS WEST, 30.00 FEET;
THENCE NORTH 01 DEGREE 20 MINUTES 03 SECONDS WEST, 16.00 FEET; THENCE NORTH 88
DEGREES 39 MINUTES 57 SECONDS EAST, 30.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 03
SECONDS EAST, 16.00 FEET TO THE POINT OF BEGINNING.
G:\Public\Elk Grove Village\2021\EGV2109 Monopole Site\Monopole\Survey Docs\Legal Descriptions
Tonne Road Monopole Site
Lease Area "B" Legal Description
THAT PART OF LOT 2 IN TONNE MONOPOLE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 7, 2023 AS DOCUMENT NUMBER 2303815010, IN COOK
COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 02
DEGREES 09 MINUTES 01 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 2, A
DISTANCE OF 18.00 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 57 SECONDS WEST,
3.43 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 39
MINUTES 57 SECONDS WEST, 16.00 FEET; THENCE NORTH 01 DEGREE 20 MINUTES 03
SECONDS WEST, 30.00 FEET; THENCE NORTH 88 DEGREES 39 MINUTES 57 SECONDS
EAST, 16.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 03 SECONDS EAST, 30.00
FEET TO THE POINT OF BEGINNING.