HomeMy WebLinkAboutRESOLUTION - 15-26 - 3/10/2026 - SBA TOWERSRESOLUTION NO. 15-26
A RESOLUTION AMENDING RESOLUTION NO. 61-96, 6-09, 60-09, 16-11, 5-12, 4-14,
50-14, 53-19, 67-20, AND 2-22 AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE A FIFTH AMENDMENT TO GROUND LEASE AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SBA TOWERS _X_, LLC
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:
FIFTH AMENDMENT TO
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 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 loth day of March 2026
APPROVED this 101h day of March 2026
Village of Elk GrrAve Village
ATTEST:
bmr S. ahon, Village Clerk
Prepared by: Linda Socolow
After recording return to: Rita Drinkwater
SBA Network Services, LLC
8051 Congress Avenue, 3`d Floor
Boca Raton, FL 33487-1307
Phone: 1-800-487-7483 Ext. 7906
Property Parcel ID: 08-27-100-061
FIFTH AMENDMENT TO GROUND LEASE AGREEMENT
THIS FIFTH AMENDMENT TO GROUND LEASE AGREEMENT ("Fifth
Amendment") is made as of the j9t day of }�d �61 2026 ("Effective Date""), 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 SBA TOWERS X, LLC, a Delaware limited
liability company with an address at 8051 Congress Avenue, Boca Raton, Florida 33487-1307
("Tenant").
WHEREAS, Landlord and AT&T Wireless Services, Inc., a Delaware corporation
("AT&T") entered into that certain unrecorded Ground Lease Agreement, and Addendum, dated
December 10, 1996, and that First Amendment to Ground Lease, dated January 27, 2009 ("First
Amendment"), and that Second Amendment to Ground Lease Agreement, dated November 10,
2009 ("Second Amendment"), and that Third Amendment to Ground Lease Agreement, dated
November 18, 2014 ("Third Amendment") whereby Landlord leased to AT&T a portion of that
certain real property, located at 1060 Oakton Avenue, Village of Elk Grove, County of Cook, State
of Illinois for the construction and operation of a wireless communications facility ("WCF");
WHEREAS, Landlord and Tenant entered into that certain Amendment to Ground Lease
Agreement, dated September 14, 2020 ("Fourth Amendment" together with the First Amendment,
Second Amendment, and Third Amendment collectively the "Ground Lease"), whereby the WCF
was moved to 813 Willow Lane, Elk Grove Village Illinois 60007 ("Property") as more
particularly descripted in the legal description attached as Exhibit "A" and depicted on the site
plan shown attached as Exhibit "B";
WHEREAS, Tower Assets Newco IX LLC, a Delaware limited liability company,
successor in interest to AT&T and TV6-W, LLC, a Delaware limited liability company entered
into an Assignment and Assumption of Ground Lease dated January 1, 2014;
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL22745-S
WHEREAS, TV6-W, LLC, merged with and into TV6 Holdings, LLC, a Delaware limited
liability company effective June 8, 2015;
WHEREAS, TV6 Holdings, LLC and Tenant entered into an Assignment and Assumption
of Option and Land Lease dated October 19, 2020;
WHEREAS, Landlord and Tenant desire and intend to amend and supplement the Ground
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 Ground Lease:
1. Sublease: Tenant subleases a portion of the Property to T-Mobile Central, LLC ("T-
Mobile") upon such terms and conditions as Tenant and T-Mobile have agreed.
2. Additional Rent. In addition to the Rent required under the Ground Lease, Tenant shall
pay Landlord Nine Hundred Twenty -Five and No/100 Dollars ($925.00) per month ("Additional
Rent") in consideration for the sublease of a portion of the Property to T-Mobile. The Additional
Rent shall be effective as of January 1, 2022 (the "Additional Rent Commencement Date"),
coinciding with the start of T-Mobile's rent obligations to Tenant. Commencing on the first
anniversary of the Additional Rent Commencement Date and each anniversary thereafter, the
Additional Rent shall escalate by four percent (4%). The payment of Additional Rent shall
continue until the earlier of: (i) the termination of the Ground Lease, or (ii) the date T-Mobile
ceases operations and removes all equipment from the Property.
3. Payment of Past Due Additional Rent. Tenant acknowledges that, as of the Effective
Date of this Fifth Amendment, a balance of past due Additional Rent has accrued for the period
from the Additional Rent Commencement Date through February 1, 2026. Tenant agrees to pay
Landlord the liquidated sum of Forty -Nine Thousand Two Hundred Ninety -Nine and 12/100
($49,299.99) to satisfy these arrears within thirty (30) days of full execution of this Fifth
Amendment.
4. This Fifth Amendment will be governed by and construed and enforced in accordance with
the laws of the State in which the Property is located without regard to principles of conflicts of
law.
5. This Fifth 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 Fifth Amendment.
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Reto SBA
Site ID: IL22745-S
2
6. Except as specifically set forth in this Fifth Amendment, the Ground 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 Ground Lease and this Fifth Amendment, the terms of this Fifth
Amendment shall take precedence.
7. Capitalized terms not defined in this Fifth Amendment will have the meaning ascribed to
such terms in the Ground Lease.
8. This Fifth Amendment shall be effective as of the date last executed below
SIGNATURE PAGE(S) TO FOLLOW]
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL22745-5
IN WITNESS WHEREOF, the parties have executed this Fifth
day and year first above written.
WITNESSES:
LANDL D:
THE YALLAGE OFF
an Il no�orne rut m
t ��
Tit
Pr? Name: Title:
Date:
Print Name:
\11W
STATE OF
COUNTY OF
as of the
GROVE VILLAGE,
al
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
of esaid and i the County aforesaid, to take acknowledgments, personally appeared
two,� L G 2 �(�' as MR V0V for THE VILLAGE OF ELK
GROVE VILLAGE, an Illinois home rule municipal corporation, to me known to be the person
described in and who executed the foregoing instrument and who acknowledged before me that he
executed the same in the capacity aforestated.
WITNESS my hand and official seal in the County and State last aforesaid the !J day
of Loulm, 2026.
Sign Name:
Print Name: Maw OFFICIAL SEAL
AIRM
Notary Public ��
1 .�I flrl� O fkk" WIN
My Commission expires on: ULI� l /—c)Z -�E �°'�""�`���
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL22745-S
WITNESSES:
Print N ' �eal P - - rro
Oradela Cortex
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
TENANT:
SBA TO RS X, LLC,
a Delaw e limited liabilil
By: kt}sga Houlihan
Title: Vice President, Site Leasing
Date: _ O z- 11� Z g'
I� 6 ��� a notary public of Palm Beach County, Florida
CERTIFY at on this day, befficer duly authorized in the State aforesaid and in the
County aforesaid, to take acknowledgments, personally appeared ALYSSA HOULIHAN, as Vice
President, Site Leasing of SBA TOWERS X, LLC, a Delaware limited liability company, by
means of F] physical presence or [ ] online notarization, to me known to be the person described
in and who executed the foregoing instrument and who acknowledged before me that she executed
the same in the capacity aforestated.
WITNESS my hand and official seal in the County and State last aforesaid the C day
❑ f , 2026.
Sign Name: T0111--
Print Name:
No.. Public
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo
Site ID: IL22745-S
1j-1;1"L! rve,, JOAN SHEDE_QVSKY
Commission # HH 568920
y 4 Expires August 10. 2026
EXHIBIT - A
Legal Description
EXCLUSIVE LEASED PREMISES (AS SURVEYED)
ALL OF LOT TWO (2) OF UDALL PARK NORTH SUBDIVISION, RECORDED IN INSTRUMENT NO.
2018201068 OF COOK COUNTY RECORDS AND BEING LOCATED IN THE NORTHWEST QUARTER
(NW1/4) OF SECTION TWENTY-SEVEN (27), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN
(11) EAST OF THE THIRD PRINCIPLE MERIDIAN, VILLAGE OF ELK GROVE, COOK COUNTY,
ILLINOIS CONTAINING 3,600 SQUARE FEET (0.083 ACRES) OF LAND AND BEING DESCRIBED BY:
COMMENCING AT THE SOUTHWEST CORNER OF LOT I OF SAID UDALL PARK NORTH
SUBDIVISION; THENCE N00°-25'-04"W 655.47 FEET ALONG THE WEST LINE OF SAID LOT 1; THENCE
N890-34'-56"E 382.32 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF SAID UDALL PARK NORTH
SUBDIVISION AND THE POINT OF BEGINNING; THENCE NOI'-I I'-03"W 40.00 FEET ALONG THE
WEST LINE OF SAID LOT 2 TO ITS NORTHWEST CORNER THEREOF; THENCE N88°-48'-57"E 90.00
FEET ALONG THE NORTH LINE OF SAID LOT 2 TO ITS NORTHEAST CORNER THEREOF; THENCE
SO10-11'-03"E 40.00 FEET ALONG THE EAST LINE OF SAID LOT 2 TO ITS SOUTHEAST CORNER
THEREOF; THENCE S88°-48'-57"W 90.00 FEET ALONG THE SOUTH LINE OF SAID LOT 2 TO THE
POINT OF BEGINNING, BEING SUBJECT TO ANY AND ALL EASEMENTS AND RESTRICTIONS OF
RECORD.
NON-EXCLUSIVE ACCESS & UTILITY EASEMENT (AS SURVEYED)
A PART OF LOT ONE (1) OF UDALL PARK NORTH SUBDIVISION, PLAT OF SAID SUBDIVISION
RECORDED IN AS DOCUMENT NO. 2018201068 AND SPECIAL WARRANTY DEED DOCUMENT NO.
2020216104 OF COOK COUNTY RECORDS AND BEING LOCATED IN THE NORTHWEST QUARTER
(NWI/4) OF SECTION TWENTY-SEVEN (27), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN
(11) EAST OF THE THIRD PRINCIPLE MERIDIAN, VILLAGE OF ELK GROVE, COOK COUNTY,
ILLINOIS CONTAINING 11,388 SQUARE FEET (0.261 ACRES) OF LAND AND BEING DESCRIBED BY:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 OF SAID UDALL PARK NORTH
SUBDIVISION; THENCE N00°-25'-04"W 655.47 FEET ALONG THE WEST LINE OF SAID LOT 1; THENCE
N890-34'-56"E 382.32 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF SAID UDALL PARK NORTH
SUBDIVISION AND THE POINT OF BEGINNING; THENCE N88°-48'-57"E 42.50 FEET ALONG THE
SOUTH LINE OF SAID LOT 2; THENCE SO1°-11'-03"E 10.02 FEET; THENCE S880-48'-57"W 70.50 FEET;
THENCE NO10-11'-03"W 25.83 FEET; THENCE S88°-48'-57"W 73.80 FEET; THENCE N69°-12'-23"W 22.78
FEET; THENCE S89°-50'-17"W 200.96 FEET; THENCE N44°-33'-02"W 19.36 FEET; THENCE S88°-48'-57"W
44.65 FEET TO A POINT ON THE EAST LINE OF WILLOW LANE; THENCE N00°-25'-04"W 28.00 FEET
ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF LOT 1 OF SAID UDALL PARK NORTH
SUBDIVISION; THENCE N88°-48'-57"E 56.34 FEET ALONG THE NORTH LINE OF SAID LOT 1; THENCE
S440-33'-02"E 19.66 FEET; THENCE N89°-50'-17"E 189.18 FEET; THENCE S61°-39'-32"E 29.13 FEET;
THENCE N880-48'-57"E 97.08 FEET TO A POINT ON THE WEST LINE OF LOT 2 OF SAID UDALL PARK
NORTH SUBDIVISION; THENCE SO1°-1 I'-03"E 37.97 FEET ALONG SAID WEST LINE TO THE POINT OF
BEGINNING, BEING SUBJECT TO ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD.
PARENT PARCEL
PARCEL 1:
LOT 2 OF UDALL PARK NORTH SUBDIVISION BEING PART OF THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK
COUNTY, ILLINOIS AS SHOWN ON PLAT OF SAID SUBDIVISION RECORDED ON JUNE 30, 2020 AS
DOCUMENT NO. 2018201068.
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL22745-S
PARCEL 2:
UTILITY AND 24-HOUR ACCESS EASEMENT OVER LOT I FOR THE BENEFIT OF LOT 2 IN UDALL
PARK NORTH SUBDIVISION AS SHOWN ON THE PLAT OF SAID SUBDIVISION RECORDED ON JUNE
30, 2020 AS DOCUMENT NO. 2018201068 AND DESCRIBED MORE PARTICULARLY AS FOLLOWS:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP
41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, VILLAGE OF ELK GROVE, COOK
COUNTY, ILLINOIS CONTAINING 11,388 SQUARE FEET (0.261 ACRES) OF LAND AND BEING
DESCRIBED BY: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27 WITH THE EAST LINE OF THE WEST
100 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 27 (ALSO BEING A POINT ON THE EAST LINE OF ELK GROVE VILLAGE SECTION 1
EAST SUBDIVISION PLAT); THENCE NORTH 11 DEGREES 25 MINUTES 4 SECONDS WEST, 655.47 FEET
ALONG THE EAST LINE OF THE WEST 100 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 27 (ALSO BEING THE EAST LINE OF ELK GROVE
VILLAGE SECTION 1 EAST SUBDIVISION PLAT); THENCE NORTH 89 DEGREES 34 MINUTES 56
SECONDS EAST, 382.32 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 48
MINUTES 57 SECONDS EAST, 42.50 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 03 SECONDS
EAST, 10.02 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 57 SECONDS WEST, 70.50 FEET;
THENCE NORTH 01 DEGREES 11 MINUTES 03 SECONDS WEST, 25.83 FEET; THENCE SOUTH 88
DEGREES 48 MINUTES 57 SECONDS WEST, 73.80 FEET; THENCE NORTH 69 DEGREES 12 MINUTES 23
SECONDS WEST, 22.78 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 17 SECONDS WEST, 200.96
FEET; THENCE NORTH 44 DEGREES 33 MINUTES 02 SECONDS WEST, 19.36 FEET; THENCE SOUTH 88
DEGREES 48 MINUTES 57 SECONDS WEST, 44.65 FEET TO A POINT ON THE EAST LINE OF WILLOW
LANE; THENCE NORTH 00 DEGREES 25 MINUTES 04 SECONDS WEST, 28.00 FEET ALONG SAID EAST
LINE TO THE SOUTHWEST CORNER OF WILLOW WOODS CONDOMINIUM; THENCE NORTH 88
DEGREES 48 MINUTES 57 SECONDS EAST, 56.34 FEET ALONG THE SOUTH LINE OF WILLOWS
WOODS CONDOMINIUM; THENCE SOUTH 44 DEGREES 33 MINUTES 02 SECONDS EAST, 19.66 FEET;
THENCE NORTH 89 DEGREES 50 MINUTES 17 SECONDS EAST, 189.18 FEET; THENCE SOUTH 61
DEGREES 39 MINUTES 32 SECONDS EAST, 29.13 FEET; THENCE NORTH 88 DEGREES 48 MINUTES 57
SECONDS EAST, 97.08 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 03 SECONDS EAST, 37.97
FEET TO THE POINT OF BEGINNING, BEING SUBJECT TO ANY AND ALL EASEMENTS AND
RESTRICTIONS OF RECORD.
AND BEING THE SAME PROPERTY CONVEYED TO VILLAGE OF ELK GROVE, AN ILLINOIS HOME
RULE MUNICIPALITY FROM ELK GROVE PARK DISTRICT, AN ILLINOIS MUNICIPAL CORPORATION
BY SPECIAL WARRANTY DEED DATED JULY 9, 2020, AND RECORDED ON JULY 20, 2020, IN
INSTRUMENT NO. 2020216104.
Tax Parcel No. 08-27-100-06
Init
Init
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo SBA
Site ID: IL22745-S
0
EXHIBIT - B
Site Plan
The Site shall consist of 5,670 (70' x 81') square feet of ground space 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 below:
I "".
I
c � �
rS 1
vCSA •L
—LEGEND—
[x:4YC4N �i A [ I
1i[ xA¢.KsxrC/Cfi.___
FAx[b•T •Ee asr+uEM
� 1
i
,
�
T.1 `
,RON ' x iO' IRpY PIPE 2T
• _ ' IPIPE FOUMO
�L" c
:f1E REY❑UA-RC (BM AI
SEE CNIiEIE: x Cry IRE 1ORIFE:ST [] - fi" NAIL SET
CCINFH Ci -.A- K NAIL FWN
Hn
6LEVATC�: lzl5s ® = STORIA INLET (RWN'J�
SIGN
man
- - - RWERl LINE
-E 0M-
l l
00816092 - v2
Site Name: Elk Grove Fire Station to Elk Grove Fire Station Relo
Site ID: IL22745-5
LLtarmic 9C_AIE
L hmh . in 1t
1C w
1 I ,
J
Initials:
f;j I
Initia s;-,�
1
i
sBa�]
8