HomeMy WebLinkAboutRESOLUTION - 7-14 - 2/11/2014 - GROUND LEASE AGREEMENT RESOLUTION NO. 7-14
A RESOLUTION AMENDING RESOLUTION NO. 36-05 AND AUTHORIZING THE
MAYOR TO EXECUTE A FIRST AMENDMENT TO GROUND LEASE AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NEW CINGULAR
WIRELESS PCS, LLC (600 LANDMEIER 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:
FIRST 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 I I1 day of February 2014.
APPROVED this 11`h day of February 2014.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
AmendAT&Tleasesgreement2014
Site Name: 600 Landmcier Road- Mk Grove Public Works
FIRST AMENDMENT TO GROUND LEASE. AGEEMENT
This First Amendment to the Ground Lease Agreement is made this l la'day of February, 2014
and amends a certain Ground Lease Agreement dated July 28,2005 as previously amended between
AT&T Wireless, formerly known as,New Cingular Wireless, ("Tenant") and the Village of Elk Grove
Village("Landlord").
RECITALS
AT&T Wireless, formerly named New Cingular Wireless, and the Village entered into
that certain Ground Lease Agreement dated July 28, 2005 (the "Ground Lease for certain
property located at 600 Landtncier Road, Elk Grove Village, Cook County Illinois (the "Leased
Premises").
AT&T Wireless and the Village wish to amend the Ground Lease to reflect the
agreements set forth herein.
NOW, THEREFORE, in consideration of the above and pursuant to the terms set forth
under the Ground Lease, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
1. That Section 5.2 Tenant's Equipment Enclosure is father amended by adding
paragraphs concerning the . additional ground space to be utilized:
In addition to the existing Equipment Enclosure that measures approximately thirty-
nine (39 feet) by twenty-two (22), and is depicted on Exhibit C of the Original
(!round Lease Agreement, an additional Equipment Enclosure will be installed
measuring ten (10) feet by four (4) feet.
Tenant shall pay all costs associated with the removal and replacement of any
structures owned and operated by the Landlord that are designated to be replaced due
to the construction of the additional Equipment Enclosure. These costs include the
removal and replacement of the existing Public Works entranceway gate, fence and
appurtenant equipment and materials associated with the operation of the gate. The
attached schematic indicates the revised entranceway requirements. All work and
materials shall be approved by the Elk Grove Village Director of Public Works.
2. That section 1.8 Rent be amended as follows:
Beginning on the March 1, 2014, the monthly rent amount will increase by $125 in
consideration of the additional ground space being utilized. ']'he additional rent
amount will remain subject to the annual increase of 4% as outlined in Section I.S.
Furthermore, the annual increase anniversary date will remain effective on the
Commencement Dale, July 287 2005.
Tenant.will pay to Landlord an additional one-lime capital contribution in the amount
of Two Thousand FIVC Hundred Dollars ($2,500.00) for the full execution of this
Site Name: 600 Landmcier Road— Uk Grove Public Works
Lease Amendment payable within thirty (30) days of the execution of this Lease.
Amendment.
3. Landlord represents and warrants that Landlord is duly authorized and has the full
power, right and authority to enter into this Amendment and to perform all of its
obligations raider this Amendment.
4. Irrespective of whether the transaction contemplated by this Amendment is
consummated, landlord and Tenant each will pay its own out-of-pocket expenses.
The parties have executed this Amendment as of the effective date.
Landlord: Tenant:
Village of Elk Grove Village AT&I'Wireless
By: Craig B. Johnson By: ----___--—_------_—_._.--
Name: Craig B. Johnson Name: —___- .-..__..___-__-
Title: Mayor 'Title:
Date: February 11, 2014 Date: