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Home My WebLink AboutRESOLUTION - 6-09 - 1/27/2009 - AMENDMENT & ADDENDUM GROUND LEASE AGREEMENT/CINGULAR RESOLUTION NO. 6-09 A RESOLUTION AMENDING RESOLUTION NO. 61-96 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO GROUND LEASE AGREEMENT AND SECOND ADDENDUM TO GROUND LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NEW CINGULAR WIRELESS PCS, LLC (FORMERLY REFERRED TO AS AT&T WIRELESS SERVICES CORPORATION) (1060 OAKTON STREET) 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: FIRST AMENDMENT TO GROUND LEASE AGREEMENT SECOND ADDENDUM TO GROUND LEASE AGREEMENT copies of which are 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 the adoption of this amendment by the Village provides consent to allow Cricket Communications, Inc. to co-locate on the existing cellular tower owned by New Cingular Wireless PCS, LLC. Section 3: 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 27th day of January 2009 APPROVED this 27th day of January 2009 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk G rou nd LeaseAg mtamendOakton Cell Site No.: I1,1406 Cell Site Name: Elk Grove Fire Fixed Asset No. 10095243 Market: Illinois Site Address: 1060 Oakton Avenue, Elk Grove Village, IL FIRST AMENDMENT TO GROUND LEASE AGREEMENT THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between Village of Elk Grove Village, an Illinois Municipal Corporation, having a mailing address of 901 Wellington Avenue, Elk Grove Village, IL .60007 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Alpharetta, GA 30009 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant's predecessor-in-interest entered into a certain Ground Lease Agreement dated October 10, 1996, and Addendum dated January'3, 1997, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 1060 Oakton Street, City of Elk Grove Village, Cook County, Illinois ("Agreement"); and WHEREAS, Landlord.and Tenant acknowledge that through a series of mergers and acquisitions, Tenant has changed its name to New Cingular Wireless PCS, LLC; and WHEREAS, Tenant desires to sublease a portion of the Premises to Cricket Communications, Inc. ("Subtenant"),for the installation of Subtenant's communications equipment and antennas and Landlord is willing to approve of the sublease under the terms and conditions contained herein; and WHEREAS, Tenant desires to compensate landlord ("Additional Rent") in exchange for Landlord's consent to the sublease between Tenant and Subtenant; and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify Tenant's address; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Sublease. Tenant may sublease a portion of the Premises to Subtenant upon such terms and conditions as tenant and Subtenant shall agree. 2. Additional Rent. (a) Tenant shall pay Landlord, in addition to the Rent required by the Agreement, the amount of Seven Hundred Fifty Dollars and No/100 ($750.00) per month ("Additional Rent") for the sublease of a portion of the Premises to Subtenant. Such increase shall be effective upon commencement of rent payments by Subtenant to Tenant ("Additional Rent Commencement Date") and for each month thereafter, the Additional Rent shall increase four (4%) in accordance with the Sublease and shall cease upon the earlier of: (i) the termination of the Agreement, or (ii) Subtenant's cessation of operations and removal of all of its equipment from the Premises. (b) Notwithstanding for foregoing , Tenant agrees to pay Landlord a one-time payment of Ten Thousand and No/100 Dollars ($10,000.00) in consideration for Landlord's consent to sublet to Subtenant. 3. Tenant's address. Tenant's address in the Agreement is hereby deleted in its entirety and replaced with the following: Tenant's Address: If to Tenant: New Cingular Wireless PCS, LLC Attn: Nevvork Real Estate Administration 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 Re: IL 1406—Elk Grove Fire—FA#10095243 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site#IL1406; Name: Elk Grove Fire(IL) . Fixed Asset#: 10095243 15 East Midland Avenue Paramus, NJ 07652 4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise.is unmodified and remains in* full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. Remainder of page intentionally left blank. Signature page to follow. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. LANDLORD: Village of Elk Grove Village, an Illinois Municipal Corporation By: Craig B. Johnson Title: Mayor Date: January 27, 2009 TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company, By: AT&T Mobility Corporation Its: Manager By: Name: Warren Salek Title: Executive Director- Network Date: Cell Site No: IL1406 ' Cell Site Name: Elk Grove Fire Fixed Asset No. 10095243 Market: Illinois Site Address: 1060 Oakton Avenue, Elk Grove Village, IL LANDLORD ACKNOWLEDGEMENT. CORPORATE ACKNOWLEDGEMENT STATE OF Illinois ) ) ss: COUNY OF Cook & DuPage ) On the 27 day of Jan.,200 9, before me personally appeared Craig B. Johnson And acknowledged under oath that he/she is the Mayor of Elk Grove Village . the Landlord named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Landlord. OFFICIAL SEAL" DROSCHAK [jV,' PATRICIA Notar Public: COMMISSION EXPIRES 10/20/09 y YTTVVYYVVYT My Commission Expires: TENANT ACKNOWLEDGEMENT CORPORATE ACKNOWLEDGEMENT STATE OF ) )ss COUNTY OF ) On the day of , 200_,-before me personally appeared Warrant Salek, and acknowledged under oath that he is the Executive Director - Network of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: Cell Site No.: IL1406 Cell Site Name: Elk Grove Fire Station Fixed Asset No. 10095243 Market: IUWI Site Address: 1060 Oakton Avenue, Elk Grove Village,IL 60007 SECOND ADDENDUM TO GROUND LEASE AGREEMENT THIS SECOND ADDENDUM TO GROUND LEASE AGREEMENT ("Addendum"), dated as of the latter of the signature dates below, is by and between the Village of Elk Grove Village, an Illinois municipal corporation, having a mailing address of 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 5405 Windward Parkway, P.O. Box 1630, Alpharetta, GA 30004 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into-a Ground Lease Agreement dated October 10, 1996 and as amended by that certain Addendum No. 1 to Lease Agreement dated January.3, 1997, whereby.Landlord leased to Tenant certain Premises, therein described,that are a portion of the Property located at 1060 Oakton Street, Elk . Grove Village, Illinois 60007 ("Agreement"); and WHEREAS, Landlord and Tenant desire to amend the Agreement by exercising Landlord's right under Section 2.3(C) Rent During Extension Term, to reflect an increase in Rent; and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Landlord and Tenant agree as follows: 1. Section 1.8, Initial Rent and Section 2.3(B), Rent During Extension Terms are both deleted in their entirety and replaced with the following: "Effective November 13, 2006, Annual Rent for this Site shall be Two Thousand Two Hundred Fifty Dollars ($2,250.00), monthly or Twenty Seven Thousand and No/100 dollars ($27,000.00) per year, increasing on the anniversary of each November 13, by four percent (4%) per year, plus accrued increases pursuant to Section 2.3(A). In addition, as a one time occurrence, Tenant shall remove and dispose of the existing 112' of chain link topped with barbed wire fencing and replace it with 112' in length, 6 feet in height, stained, board on board fence, and Tenant, also as a one time occurrence, shall install weed fabric mulch and six (6) quantity 6 foot tall green spruce trees on the west and southwest portion of the tower area. In consideration of the foregoing, Landlord shall relieve Tenant of Tenant's obligation set forth in Section 2.4, Construction of Tenant's Building, of constructing a 10' x 20' equipment enclosure." 2. Section 1.14 of the Agreement is hereby deleted in its entirety and replaced with the following: "Notices. All notices, requests, demands and communications'hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: As to Tenant AT&T Network Real Estate Administration 12555 Cingular Way Alpharetta,GA 30004 Re: I11406[E1k Grove Fire Station/FA#10095243 With a copy to: AT&T Mobility Attn.: Legal Department Re: Cell Site#: IL1406; Cell Site Name: Elk Grove Fire Station(IL) Fixed Asset No.: 10095243 15 East Midland Ave. Paramus,NJ 07652 As to Landlord: Village Manager Village of Elk Grove Village 901 Wellington Elk Grove Village, IL 60007 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein." 3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. (SIGNATURES APPEAR ON THE NEXT PAGE/ 5-10-07 2007 Form Amendment IN WITNESS.WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. WITNESSES: "LANDLORD" Ann I. Walsh Village of Elk Grove Village, an Illinois municipal corporation Print Name: Ann I. Walsh Judith M. Keegan By: Craig B. Johnson Print Name: Judith M. Keegan Print Name: Craig B. Johnson Its: Mayor Date: January 27. 2009 "TENANT" New Cingular Wireless PCS, LLC, By: AT&T Mobility Corporation Its: Manager Print Name: By: Print Name: Print Name: Warren Salek Its: Executive Director-Network Date: 200 [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 8-10-07 2007 Form Amendment TENANT ACKNOWLEDGMENT STATE OF 1 ss: COUNTY OF ) On the day of , 2008;before me personally appeared Warren Salek, and acknowledged under oath that he- is the Executive Director-Network of AT&T Mobility Corporation as Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, the limited liability company named in the attached instrument, and as such was authorized to execute this instrument on behalf of the limited liability company. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGNIEENT CORPORATE ACKNONVLEDGMENT STATE OF Illinois ) ss: COUNTY OF Cook' & DuPage ) I CERTIFY that on January ._ 27 200 9 Craig B. Johnson [name of representative] personally came before me and acknowledged under,oath that he or she: (a) is the Mayor [title] of Village of Elk Grove Village the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the c oration and (c) executed the.instrument as the act of the corporation. NotaryPublic: 0f1C My Commission Expires: I/ rwr�xv "OFFICIAL SEAL" �8L1C sane of I PATRICIA DROSCHAK ILUNOlS COMMISSION EXPIRES 10/20/09 8-10-07 2007 Form Amendment