HomeMy WebLinkAboutRESOLUTION - 45-09 - 8/18/2009 - AMENDMENT TO SITE AGREEMENT/SPRINTCOM/1141 HAWTHORNERESOLUTION NO. 45-09
A RESOLUTION AMENDING RESOLUTION NO. 28-98 AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT NO. 1 TO SITE
AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND
SPRINTCOM, INC. (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:
AMENDMENT NO 1 TO SITE 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 document upon the signature of the Mayor.
Section 2: That the adoption of this amendment by the Village provides consent to allow
SprintCom, Inc. to sublease a portion of the existing site to Clearwire to install up to two (2) microwave
dishes and other equipment as described in Exhibit B-1 (inside the shelter) on the existing site at 1141
Hawthorne Lane.
Section 3: 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 18th day of August 2009.
APPROVED this 18th day of August 2009.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
Ground LeaseAgmtamendSprinWorn
Site Name: Elk Grove Site ID: CHOIYC399
AMENDMENT NO. 1 TO SITE AGREEMENT
This Amendment No. 1 ("Amendment")_, effective as of the date last signed below ("Effective Date"),
amends a certain Site Agreement between SprintCom, Inc., a Kansas corporation ("Tenant") and Village of Elk
Grove ("Owner"), dated 6/23/98 (the "Agreement").
BACKGROUND
Tenant desires to modify its installation on the Site located at 1141 Hawthorne Lane by the addition of up
to two (2) microwave dishes and other equipment to the Facilities, as more particularly described in Exhibit B-1
annexed hereto.
AGREEMENT
For good and valuable consideration the receipt and sufficiency of which is acknowledged, Owner and
Tenant agree as follows:
1. Assignment and Subletting. Section 11 of the Agreement is amended to permit tenant to:
Sublease a portion of its site to Clearwire to install up to two (2) microwave dishes and other equipment as
described in Exhibit B-1 (inside the shelter).
Modification to Rent.
a) In consideration for the right to assign or sublease, effective upon the first day of the month
following the Effective Date, the monthly Rent will be increased by $750.00. Such increase shall be
effective upon commencement of rent payments by Tenant and for each year 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 Five Thousand
and No/100 Dollars ($5,000.00) in consideration for Landlord's consent to sublet to Subtenant.
3. Expiration or Termination of Sublease. If Tenant's sublessee or sublicensee (i) does not install,
construct or add equipment to the Site, or (ii) installs equipment, but later removes the equipment, then upon written
notice to Owner, Tenant may terminate this Amendment. After terminating the Amendment, the terms and
conditions of the Agreement as they existed immediately prior to the Effective Date of this Amendment shall be
deemed ratified, and shall continue in full force and effect. Rent shall revert to the amount in effect immediately
prior to the Effective Date of this Amendment, plus any rental increases, including annual escalators, which
occurred during the period of time between the Effective Date of this Amendment and the termination date of this
Amendment.
4. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, return
receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent
to: Sprint/Nextel Property Services, Mailstop KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas
66251-2650, with a mandatory copy to: Sprint/Nextel Law Department, Mailstop KSOPHT0101-Z2020, 6391 Sprint
Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney.
5. General Terms and Conditions.
(a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same
meaning as the terms contained in the Agreement.
(b) In case of any inconsistencies between the terms and conditions contained in the Agreement and
the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set
forth herein, all provisions of the Agreement are ratified and remain unchanged and in full force and effect.
(c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an
original.
(d) Each of the parties represent and warrant that they have the right, power, legal capacity and
authority to enter into and perform their respective obligations under this Amendment.
The parties have executed this Amendment as of the Effective Date.
Owner
Village of Elk Grove Village
By: Mayor Craig B. Johnson
Name: Mayor Craig B. Johnson
Title: Mayor
Date: August 18, 2009
Tenant:
SprintCom, Inc. a Kansas corporation
By:
Name:
Title:
Date:
EXHIBIT B -I
TO SITE AGREEMENT
Site Plan
The Site is described and/or depicted as follows:
Insert Site Plan:
SEE ATTACIRvIENTS
.Note: Owner and Tenant may, at Tenant's option, replace this Exhibit with an exhibit setting forth the legal description of the
Site, or an as -built drawing depicting the Site. Any visual or textual representation of the Facilities is illustrative only, and does
not limit the rights of Tenant as provided for in the Agreement. Without limiting the generality of the foregoing:
1. The Site may be setback from the boundaries of Owner's Property as required by the applicable governmental authorities.
2. The access road's width may be modified as required by the governmental authorities, including police and fire departments.
3. Without in any way limiting Tenant's right to make future changes, Tenant intends to initially install up to 12 antennas, 15
coaxial cables and 3 GPS signal units and connections (the type, number, mounting positions and locations of which are
illustrative only; actual types, numbers, mounting positions and locations may vary from what is shown above).
4. The locations of any access and utility easements are illustrative only. The actual locations will be determined by Tenant
and/or the servicing utility company in compliance with all local laws and regulations:
Owner Initials.
Tenant Initials:
NOT FOR CONSTRUCTION
z
EXISTING
DRIVEWAY
EXISTING
t` SHELTER
4XI5TING
GRASS
AREA
ti _i r
— EXISTING 7 rl.
ACCESS _
DRIVEWAY OUTLINE OF EXISTING WATER
\ _ TAK< A5OVE
� EXISTING CONCRETE WALKWAY
(3) EXISTING SPRINT/
CLEARWIRE ANTENNAS
' EXISTING I (3 PER SECTOR)
{ WATER '
r
\ T4NK (2) NEW CLEARWIRE BACKHAUL S
01544 AMMI,444S (AZIMUTH TBD)
r
EXISTING US CELLULAR SHELTER C� t
EXISTING SPRINT EQUIPMENT
SHELTER
NEW CLEARWIRE BACKHAULr r r?K
EQUIPMENT INSIDE 514ELTER
EXISTING TRANSFORMER arc} �Q3
EXISTING IRON FENCE
EXISTING -
i i r: SHELTER 5`Y'
EXISTING rl
/} SHELTER
`—EXISTING i i rl r'
GRASS
AREA1
clearw're-
wireless broadband
5600 N. RIVER RD.
SUITE 300
ROSEMONT, IL 60018
(841) 318-3000
Fulkn Engineering Cm Ivens
9100 W. WIGGINS RD, SUITE 800
ROSEMONT, ILLINOIS 60018
TEL: 841-232-0200
FAX: 841-232-0205
DESIGN FIRM NO. 184-002 4 38
SITE NAME
W. ELK GROVE VILLAGE
SITE NUMBER
I L - G1 -I 15399
SITE ADDRESS
1141 HAWTHORNE LANE
ELK,GROVE VILLAGE, IL 60001
SITE PLAN
Resolution 45-09
Approved: August 18, 2009
PENETR4TION� W/EXI5TING COAX CA5LEw _ v
clearw'ree
wireless broadband
5600 N. RIVER RD.
SUIT=_ 300
ROSEMONT, IL 60015
(841) 318-3000
Fullcn Engineering Cm I ms
9100 W. NIGGIN5 RD, SUITE 800
ROSEMONT, ILLINOIS 60018
TEL: 841-2'32-0200
FAX: 641-2'32-0205
DE51GN FIRt NO. 1&4-0024S&
517E NAMIE
W. ELK GROVE VILLAGE
SITE NUM5ER
I L - G1-115399
SITE ADDRESS
1141 HAWTHORNE LANE
ELK GROVE VILLAGE, IL 60001
ELEVATION
Resolution 45-09
Approved: August 18, 2005