HomeMy WebLinkAboutRESOLUTION - 68-24 - 11/19/2024 - T-MOBILE HAWTHORNE LANE FIRST AMENDMENT TO LEASE AGREEMENTRESOLUTION NO.68-24
A RESOLUTION AMENDING RESOLUTION NO.48-00 AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO THE
GROUND LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND T-MOBLE CENTERAL LLC AS PROPERTY LOCATED AT 1141
HAWTHORNE LANE, ELK GROVE VILLAGE
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 Amendment
Agreement establishing T-Mobile Central LLC as previously amended by assignment, 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 19"' day of November 2024
APPROVED this 19"' day of November 2024
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
Docusign Envelope ID: C46F76B2-FC88-4C9E-B11F-6296812C6496
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
This First Amendment to the Ground Lease Agreement ("First Amendment") is made this
as of the date of the last signature below, between the Village of Elk Grove Village, an Illinois
municipal corporation, with its principal offices at 901 Wellington Avenue, Elk Grove Village,
Illinois 60007 ("Landlord"), and T-Mobile Central LLC, a Delaware limited liability company,
successor in interest to Cook Inlet/Voice Stream Operating Company, LLC, a Delaware limited
liability company, having a mailing address of 12920 SE 38th Street, Bellevue, WA 98006.
Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or
individually as the "Party."
WHEREAS, Landlord and Tenant entered into a Ground Lease Agreement, dated
November 14, 2000, whereby Landlord leased to Tenant certain Premises, therein described, that
are a portion of the Property located at 1141 Hawthorne Lane, Elk Grove Village, IL 60007
("Lease");
WHEREAS, the Parties are currently operating under the terms of the Lease; and
WHEREAS, the Parties now wish to amend the terms of the Lease in order to extend the
term of the Lease and to modify other provisions, as provided herein. All of the terms and
conditions of the Lease are incorporated by reference and made a part hereof without the necessity
of repeating or attaching the Lease to this First Amendment.
WHEREAS, it is now the intention of Landlord and Tenant to enter into an Lease amending
the Lease, as set forth herein.
NOW THEREFORE, for good and valuable consideration including the mutual covenants
and Leases hereinafter set forth, Landlord and Tenant agree as follows:
The recitals set forth above are incorporated herein by reference.
2. Option to Extend. Commencing on December 14, 2025 ("Additional Extension
Term Commencement Date"), the Lease shall automatically be extended for four (4) additional
five (5) year terms, each included as a Renewal Term, unless Tenant terminates at the end of the
then current Renewal Term by giving Landlord written notice of its intent to terminate at least
sixty (60) days prior to the end of the then current Renewal Term.
3. Landlord and Tenant agree that Tenant shall pay the commercially reasonable costs
of any necessary review and inspections by Dixon Engineering, or other firm as designated by
Landlord, or Tenant's current and future proposed modifications of the cell site facility.
4. Tenant Relocation. In the event Landlord intends to redevelop, modify, remodel, or
alter the Property, or make any improvements thereon (collectively, the "Redevelopment") and
such Redevelopment necessitates relocation of Tenant's antennas on the Water Tower and
appurtenant equipment at the Property (collectively, the "Equipment", and upon the request of
TMO Signatory Level:1,06,SL06
NLG-102188
Docusign Envelope ID: C46F76B2-FC88-4C9E-B1 1 F-B296812C649B
Landlord, Tenant agrees to relocate its Equipment to another location on the Property, hereinafter
referred to as the "Relocation Site", provided:
(i) The Relocation Site is similar to Tenant's existing location in size and is fully
compatible for Tenant's use, in Tenant's reasonable determination;
(ii) Landlord pays all costs incurred by Tenant for relocating its Equipment to the
Relocation Site and improving the Relocation Site so that it is fully compatible for
Tenant's use, in Tenant's reasonable determination;
(iii) Landlord gives Tenant at least twelve (12) months written notice prior to requiring
Tenant to relocate its Equipment;
(iv) Tenant's use at the Property is not interrupted or diminished during the relocation
and Tenant is allowed, if necessary, in Tenant's reasonable determination, to place
a temporary installation, including a cell on wheels ("COW"), in a mutually
agreeable location, on the Property during any such relocation; and
(v) In the event the Parties determine that Tenant is unable to return to its original
location on Landlord's Water Tower, the Parties agree to enter into an amendment
of this Lease to document the location of the Relocation Site.
5. The notice addresses set forth in the Lease for Tenant are hereby deleted in their
entirety and replaced with the following:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ CH14256B
6. No Other Modifications. Other than as specifically amended herein, all other terms
and conditions of the Lease shall remain in full force and effect. Where there is a conflict between
the terms of the Lease and this First Amendment, the terms of this First Amendment shall control.
Unless otherwise indicated or introduced in this First Amendment, all defined terms referenced in
the First Amendment shall have the same meaning as those found in the Lease.
[Signature page follows. The remainder of this page is intentionally blank.]
2
Elk Grove WT — Amendment
T-Mobile Site ID-CH14256B-85084
TMO Signatory Level:L06,SLO6
NLG-102188
Docusign Envelope ID: C46F76B2-FC88-4C9E-B11F-B296812C649B
IN WITNESS WHEREOF, the parties hereto have executed in duplicate this First
Amendment on the day and year last written below.
LANDLORD:
Village of El rove age, an Illinois municipal corporation
By:-----
Name: Ovoid FO—0h aw
Title: V� U Vi,,�
Date:
TENANT:
T-Mobile Central LLC, a Delaware limited liability company
�mrueb.ew
By.. CL"
Name: Cheryl Downs
Title: Sr. Director, Strategy & Planning
10/30/2024
Date:
—1-
3
Elk Grove WT — Amendment
T-Mobile Site ID-CH14256B-85084
TMO Signatory Level:L06,SLO6
NLG-102188