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Home My WebLink AboutRESOLUTION - 46-09 - 8/18/2009 - AMENDMENT TO SITE AGREEMENT/NEXTEL/701 PRATT BLVDRESOLUTION NO. 46-09 A RESOLUTION AMENDING RESOLUTION NO. 51-94 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT NO. 1 TO SITE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NEXTEL WEST CORP. D/B/A NEXTEL COMMUNICATIONS (701 PRATT BOULEVARD) 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 Nextel West Corp. d/b/a Nextel Communications 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 701 Pratt Boulevard. 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 181h 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 LeaseAemtamendNextel Site Name: Elk Grove Site ID: IL3631 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 Nextel West Corp., a Delaware corporation d/b/a/ Nextel Communications ("Tenant") and Village of Elk Grove ("Owner"), dated 10/11/94 (the "Agreement"). BACKGROUND Tenant desires to modify its installation on the Site located at 701 Pratt Boulevard 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. Assienment and Sublettine. Section 15 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). 2. 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 KSOPHTO 101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251-2650, with a mandatory copy to: Sprint/Nextel Law Department, Mailstop KSOPHTO 10 1 -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 Tenant: Village of Elk Grove Village Nextel West Corp, a Delaware corporation 1 By: Mayor Craig B. Johnson By: Name: —Mayor Craig B. Johnson Name: Title: Mayor Title: Date: August 18, 2009 Date: EXIiIBIT 13-1 TO SITE AGREEMENT Site Plan The Site is described and/or depicted as follows: Insert Site Plan: SEE ATTACHMENTS 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 nitialsTenant Initials: L 64._pa f EXISTING FENCE LINE EXISTING ENTRY PORT EXISTING SPRINT EQUIPMENT „ „ SHELTER ................. „, ,. � NEW CLEARWIRE BACKHAUL ��ECd11TPMEN� BIDELTE(TYR EXISTING DISH ANTENNA (3) EXISTING SPRINT/CLEARORE ANTENNAS clearw*w wireless broadband 5600 N. RIVER RD. SUITE 300 ROSEMONT, IL 60018 (841) 318-3000 NOT FOR CONSTRUCTION EXISTING 18' WIDE ACCESS GATE EXISTING il' WIDE ACCE55 GATE EXISTING CHAIN LIN{ FENCE (TYP) EXISTING MAN GATE EXISTING 015H ANTENNA EXISTING- �SHELTER (2) NEW CLEARWIRE BACKHAUL DISH ANTEINNAS (AZMTH TBD) (2) NEW CLEARWIRE ANTENNA MOL NTS TING ANTENNA (TYP.) X15TING D15r: ANTENNA (3) EXISTING SPRINT/CLEARllIRE ANTENNAS 103'-0” EXISTING FENCE LINE Fullenm Fsgi—ing Co ulmnts 9100 W. HIGGINS RD., SUITE 800 ROSEMONT, ILLINOIS 60018 TEL: 841-292-0200 FAX: 841-2S2-0205 DESIGN FIRM NO. 184-002 498 SITE NAME ELK GROVE SITE NUMBER ll--Cl-115365 51TE ADDRESS ES TONNE IS PRATT ELK GROVE, IL 60001 SITE PLAN W z J W u z W v °' m � z X W J-1 Resolution 46-09 Approved: August 18, 2009 (3) EXISTING >� SPRINT/CLEARWIRE ANTENNAS W I z _ z 2 WZ= WATER N TaN< w � / clearw*w wireless broadband 5600 N. RIVER RD. SUITE 300 ROSEMONT, IL 60018 (841) 318-3000 NOT FOR CONSTRUCTION EXISTING 18' WIDE ACCESS GATE EXISTING il' WIDE ACCE55 GATE EXISTING CHAIN LIN{ FENCE (TYP) EXISTING MAN GATE EXISTING 015H ANTENNA EXISTING- �SHELTER (2) NEW CLEARWIRE BACKHAUL DISH ANTEINNAS (AZMTH TBD) (2) NEW CLEARWIRE ANTENNA MOL NTS TING ANTENNA (TYP.) X15TING D15r: ANTENNA (3) EXISTING SPRINT/CLEARllIRE ANTENNAS 103'-0” EXISTING FENCE LINE Fullenm Fsgi—ing Co ulmnts 9100 W. HIGGINS RD., SUITE 800 ROSEMONT, ILLINOIS 60018 TEL: 841-292-0200 FAX: 841-2S2-0205 DESIGN FIRM NO. 184-002 498 SITE NAME ELK GROVE SITE NUMBER ll--Cl-115365 51TE ADDRESS ES TONNE IS PRATT ELK GROVE, IL 60001 SITE PLAN W z J W u z W v °' m � z X W J-1 Resolution 46-09 Approved: August 18, 2009 clearw're- wireless broadband 5600 N. RIVER RD. SUITE 300 ROSEMCNT, IL 60018 (841) 318-3000 Fffm 9100 W. HIGGINS RD., SUITE 800 ROSEMONT, ILLINOIS 60018 TEL: 841-2'32-0200 FAX: 841-232-0205 DESIGN FI0. NO. 184-0024W SITE NAME ELK GROVE SITE NUMBER IL-CH15365 SITE ADDRESS ES TONNE IS PRATT ELK GROVE, IL 60001 ELEVATION ENT o 0 x w w Kesolution 46-09 Approved: August 18, 2009