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Home My WebLink AboutRESOLUTION - 54-23 - 10/24/2023 - SPRINT WATER TOWER LEASE AGGREEMENT THIRD AMENDMENTRESOLUTION NO. 54-23 A RESOLUTION AMENDING RESOLUTIONS 51-94, 46-09 AND 30-15 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A THIRD AMENDMENT TO THE WATER TOWER LEASE AGREEMENT BETWEEN HE VILLAGE OF ELK GROVE VILLAGE AND SPRINTCOM LLC, A KANSAS LIMITED LIABILITY COMPANY (2035 TONNE ROAD) 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: THIRD 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 from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 241h day of October 2023 APPROVED this 241h day of October 2023 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk CH84051A 1 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “Third Amendment”) is made as of the date of the last signature below, 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” or “Lessor”) and SprintCom LLC, a Kansas limited liability company, successor in interest to Clear Wireless LLC, a Nevada limited liability company, successor in interest to Nextel West Corp., a Delaware corporation with an address at 6220 Sprint Parkway, Mailstop KSOPHD0101-Z2650, Overland Park, KS 66251 (“Tenant” or “Lessee”). WHEREAS, Landlord and Tenant entered into a certain Water Tower Lease Agreement, dated October 11, 1994 (the “Original Lease”), Amendment No. 1 dated September 2, 2009 (“First Amendment”), and Second Amendment dated June 16, 2015 (“Second Amendment”) 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 (the Original Lease, First Amendment and Second Amendment are, collectively, the “Lease”); and WHEREAS, the parties have agreed to permit Tenant to relocate its equipment to a new communications tower (“New Tower”) constructed by Landlord and to new ground space adjacent thereto located at Landlord’s property located at 2035 Tonne Road, Elk Grove Village, Illinois, 60007 and is legally described on Exhibit A-1 attached hereto and incorporated herein; 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.Upon full execution of this Third Amendment, Landlord hereby leases to Tenant the relocation Premises described on Exhibit B-2, attached hereto. Tenant is permitted to install the Lessee Facilities on the New Tower and at the relocation Premises described on Exhibit B-2 attached hereto. Upon completion of the relocation of the Lessee Facilities to the New Tower, all references in the Lease to “Tower” shall thereinafter refer to and mean the New Tower. 2.Upon commercial operation of the Lessee Facilities on the New Tower, Section 1 of the Lease, is hereby deleted in its entirety and replaced with the following: 1.Premises. 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. Landlord hereby leases to and Tenant leases from Landlord, approximately 480 square feet (16’ x 30’) of land, space on Landlord’s New Tower, and all access and utility easements (the “Premises”) as described in Exhibit B-2 to this Third Amendment. 3.Termination of First Amendment; Modification to Rent. Pursuant to Section 3 of the First Amendment, Landlord and Tenant hereby agree that the First Amendment is hereby terminated in its entirety. Therefore, effective as of the date of the full execution of this Third Amendment, the monthly Rent shall be adjusted to a total of Three Thousand Four Hundred and Twenty-One Dollars and Forty-Two TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 2 cents ($3,421.42) subject to the annual four percent (4%) annual increase on January 1, 2024, and on each January 1 thereafter as set forth in the Lease. 4.Exhibit A to the Lease is hereby supplemented with the revised Exhibit A-1, attached hereto and made a part hereof. Upon commencement of commercial operation of Tenant’s equipment on the New Tower, Exhibit A to the lease is deleted in its entirety and replaced with revised Exhibit A-1. 5.Exhibit B to the Lease is hereby supplemented with the revised Exhibit B-2, attached hereto and made a part hereof. Upon commencement of commercial operation of Tenant’s equipment on the New Tower, Exhibit B and Exhibit B-1 to the Lease shall be deleted in their entirety and replaced with revised Exhibit B-2. 6.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. 7.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 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 permit Tenant use of the Premises as set forth above. Landlord will cooperate with Tenant in its effort to obtain such approvals. 8.The notice addresses set forth in the Lease for Tenant are hereby deleted in their entirely and replaced with the following: To Tenant:Sprint Property Services Sprint Site ID: CH84051A/ CH52XC297 Mailstop KSOPHD0101-Z2650 6220 Sprint Parkway Overland Park, KS 66251-2650 With a mandatory copy to: Sprint Law Department Attn.: Real Estate Attorney Sprint Site ID: CH84051A/CH52XC297 Mailstop KSOPHD0101-Z2020 6220 Sprint Parkway Overland Park, KS 66251-2020 TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A __________CH94051A __________CH94051A 2/13/24 2/13/24 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 3 9.This Third 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. 10.This Third 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 Third Amendment. 11.Except as specifically set forth in this Third 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 Third Amendment, the terms of this Third Amendment shall take precedence. 12.Capitalized terms not defined in this Third Amendment will have the meaning ascribed to such terms in the Lease. 13. Landlord will execute a recordable Memorandum of Agreement at Tenant’s request. 14.This Third Amendment shall be effective as of the date last executed below [SIGNATURE PAGE(S) TO FOLLOW] TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 Docusign Envelope lD: B3F1 80C6-A7AC-427D-8C88-876F402FF72C IN WITNESS WHERf,OF, the parties have executed this Third Amendment as of the date of the last signature below. TENANT: SprintCom LLC, IttiLc f)a.$lh By: liability company Mi ke Bl asutt'i LANDLORD: THE VILLAGE OF ELK ROVE VILLAGE, an Illinois home rule pa lcorporation B.v: Print Name:Print Name: Di rector, Engineering & ops Title: Dale Title:() t0/L8/2023 olzlz4i-l-Date G@@ IcH8405l A TMO Signarory kvel: L06 NLG-88413 10/26/23 _____ _____ CH94051A 2/13/24 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 5 EXHIBIT A-1 Property Legal Description TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 6 EXHIBIT B-2 Premises The Premises shall consist of 480 (16’ x 30’) square feet of ground space, legally described below, space on Landlord’s telecommunications monopole, along with easement rights for access to the Premises 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. Ground Space 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 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. TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 7 TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 8 TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 9 TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9 CH84051A 10 TMO Signatory Level: L06 NLG-88413 DocuSign Envelope ID: B3F180C6-A7AC-427D-BC88-876F402FF72C _____ CH94051A 2/13/24 DocuSign Envelope ID: 0BE84ED3-E2E0-4CB2-BED3-335C812CD0B9