HomeMy WebLinkAboutRESOLUTION - 16-26 - 3/10/2026 - Cingular WirelessRESOLUTION NO. 16-26
A RESOLUTION AMENDING RESOLUTION NO. 36-98 AND 31-17 AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SECOND
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND NEW CINGULAR WIRELESS PCS, LLC AT THE PROPERTY
LOCATED AT 1141 HAWTHORNE LANE
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 document
marked:
SECOND AMENDMENT TO LEASE
AGREEMENT SITE 465
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 10 day of March 2026
APPROVED this MA of Mar�h 'MIK
ATTEST:
q^� �"VUI4-. "
Je ' r S. Mahon, Village Clerk
Docusign Envelope ID: 61843F38-CBB2-4BAA-BC4C-OFB4456918BB
Market: IL/WI
Cell Site Number: IL0465
Cell Site Name: Village of Elk Grove
FA Number: 10006375
SECOND AMENDMENT TO LEASE AGREEMENT SITE 465
This Second Amendment to the Lease Agreement Site 465 ("Second Amendment") is made
this day of2026, 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 New Cingular Wireless PCS, LLC, a Delaware limited liability company,
having a mailing address of 1025 Lenox Park Blvd. NE, 3rd Floor, Atlanta, GA 30319 ("Tenant").
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 Lease Agreement Site 465, dated August
6, 1998 ("Original Agreement") and as amended by a First Amendment to Lease Agreement Site
465, dated July 31, 2017 ("First Amendment") 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 (the Original Agreement and the First Amendment shall collectively,
be referred to herein as the "Agreement"); and
WHEREAS, the Parties are currently operating under the terms of the Agreement; and
WHEREAS, the term of the Agreement will expire on August 31, 2028; and
WHEREAS, the Parties now wish to amend the terms of the Agreement in order to extend
the term of the Agreement and to modify other provisions, as provided herein. All of the terms and
conditions of the Agreement are incorporated by reference and made a part hereof without the
necessity of repeating or attaching the Agreement to this Second Amendment.
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, it is now the intention of Landlord and Tenant to enter into an agreement
amending the Agreement, as set forth herein.
NOW THEREFORE, for good and valuable consideration including the mutual covenants
and agreements 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 September 1, 2028 ("Additional Extension
Term Commencement Date"), the Agreement shall automatically be extended for four (4)
additional five (5) year terms, unless Tenant terminates it at the end of the then current term by
giving Landlord written notice of its intent to terminate at least three (3) months prior to the end
of the then current term. The new final expiration date of the Agreement will be August 31, 2048.
Docusign Envelope ID: 61843F38-CBB2-4BAA-BC4C-OFB4456918BB
3. 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
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 Agreement to document the location of the Relocation Site.
4. Notices. Section 23 of the Original Agreement and Section 4 of the First
Amendment are hereby deleted in their entirety and replaced with the following:
NOTICES. All notices, requests, payments of rent, demands, and other communications required
or permitted hereunder shall be given as follows:
For Notices of Default to Tenant:
a) To Tenant's Lease Administration Department at NoticeIntakc@att.com; and
b) To Tenant's Law Department via First Class certified or registered mail, return
receipt requested, or by a nationally recognized overnight courier, postage prepaid:
New Cingular Wireless PCS, LLC
Attn.: Legal Dept — Network Operations
Re: Cell Site #: IL0465; Cell Site Name: Village of Elk Grove (IL)
Fixed Asset #: 10006375
208 S. Akard Street
Dallas, TX 75202-4206
2
Elk Grove WT — Amendment
Docusign Envelope ID: 61843F38-CBB2-4BAA-BC4C-OFB4456918BB
For Notices of Default to Landlord:
a) To Landlord's Law Department via First Class certified or registered mail, return
receipt requested, or by a nationally recognized overnight courier, postage prepaid:
Village of Elk Grove
Attn: Village Manager's Office
901 Wellington Avenue
Elk Grove Village, IL 60007
All other Notices will be sent:
a) To Tenant's Lease Administration Department at Noticelntakc@,gtt.com; and
b) To Landlord's Law Department via First Class certified or registered mail, return
receipt requested, or by a nationally recognized overnight courier, postage prepaid:
Village of Elk Grove
Attn: Village Manager's Office
901 Wellington Avenue
Elk Grove Village, IL 60007
Notices by email will be effective on the first calendar day after it was sent unless the sender
receives an automated message that the email has not been delivered. Electronic mail shall be
sent with a read receipt, but a read receipt shall not be required to establish that notice was
given and received. All other Notices shall be effective when received unless returned
undelivered. Either party hereto may change the place for the giving of notice to it by thirty
(30) days' prior written notice to the other party hereto as provided herein.
Notice to Landlord shall be effective only when sent via First Class certified or registered mail,
return receipt requested, or by a nationally recognized overnight courier, postage prepaid.
5. Memorandum of Agreement. Either party will, at any time upon fifteen (15) days
prior written notice from the other, execute, acknowledge and deliver to the other a recordable
Memorandum of Agreement. Either party may record this memorandum at any time, in its
absolute discretion.
6. No Other Modifications. Other than as specifically amended herein, all other terms
and conditions of the Agreement shall remain in full force and effect. Where there is a conflict
between the terms of the Agreement and this Amendment, the terms of this Amendment shall
control. Unless otherwise indicated or introduced in this Amendment, all defined terms referenced
in the Amendment shall have the same meaning as those found in the Agreement.
[Signature page follows. The remainder of this page is intentionally blank.]
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Elk Grove WT — Amendment
Docusign Envelope ID: 61843F38-CBB2-4BAA-BC4C-OFB44569188B
IN WITNESS WHEREOF, the parties hereto have executed in duplicate this Amendment
on the day and year first above written.
Villa of Elk Grove illage,
an ll nods munici cornofat
Name: L rm (R b/\Yj14S0R
Title:
Date:
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: rSu;—d by:
adaw - : F(hw s
Andrew T. Flowers
Name:
Title:
Lead Real Estate & Construction - Manager
Date: 2/24/2026
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Elk Grove WT — Amendment