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HomeMy WebLinkAboutRESOLUTION - 57-09 - 10/13/2009 - MEMORANDUM OF AGREEMENT TOWERCO ASSETS LLC RESOLUTION NO. 57-09 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND TOWERCO ASSETS 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 documents marked: MEMORANDUM OF 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 13th day of October 2009. APPROVED this 13th day of October 2009. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk MemorandumdAgreementTowereo I (Recorder's Use Above This Line) STATE OF ILLINOIS Parcel No: 08-35-104-077-8001 08-35-104-077-8002 COUNTY OF COOK MEMORANDUM OF AGREEMENT Document Date: October 13, 2009 Grantor/Lessor: VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation Address: 901 Wellington Avenue Attn: Village Manager Elk Grove Village, IL 60007 Grantee/Lessee: TOWERCO ASSETS LLC, a Delaware limited liability company Address: 5000 Valleystone Drive, Cary,NC 27519 Legal Description of the Land is attached as Attachment A on Page 5 Prepared by Raymond W.Moore After recording return to: TowerCo Attention:.Legal 5000VaNeystone Drive Cary,NC 27519 Memorandum of Agttement Pagel of 6 TowerCo ID:EU042 Cascade ID:IL3256 MEMORANDUM OF AGREEMENT This Memorandum of Agreement("Memorandum") is entered into on this 13'h day of October, 2009, by-and between VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation, having a mailing address of 901 Wellington Avenue, Attn: Village Manager, Elk Grove Village;IL 60007(hereinafter referred to as "Landlord"), and TOWERCO ASSETS LLC, a Delaware limited liability company, having a mailing address of 5000 Valleystone Drive, Cary,North Carolina 27519(hereinafter referred to as"Tenant"). 1. Landlord and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications ("Sprint/Nextel")entered into that certain unrecorded Ground Lease Agreement dated September 12, 2000, as amended, if applicable (as amended, the "Agreement") for certain real property and easements described in ATTACIIMENT B attached hereto (collectively, the "Premises"), which are a portion of that certain parcel of real property owned by Landlord located in the County of Cook, State of Illinois described in ATTACHMENT A attached hereto(the"Land"). 2. Sprint/Nextel assigned all its right,title and interest in,to and under the Agreement to Tenant by that certain Assignment and Assumption of Ground Lease dated September 23,2008 and recorded as Doc. #0830403066 among the official records of the County of Cook, State of Illinois. 3. The term of the Agreement.is for five(5)years commencing on October 1,2000. 4. The Agreement may be extended for four(4) successive five(5)-year terms. 5. The purpose of the Memorandum is to give record notice of the Agreement and of the rights created thereby, all of which are hereby confirmed. The terms of the Agreement are incorporated herein by reference. In the event of a conflict between the terms of this Memorandum or the addition of any terms in this Memorandum which are not contained in the Agreement, such conflicting or additional terms shall be deemed to be part of the Agreement and shall otherwise amend the Agreement and be.controlling. 6. This Memorandum may be executed in two or more counterparts, all of which shall beconsidered the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. This Memorandum is not and will not be binding on either party until and.unless it is fully executed by both parties. Memorandwn of Agreement Page 2 of 6 TowerCo ID:HIN2 Cascade ID:IL3256 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. LANDLORD: VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation By: Craig B. Johnson Name: Craig B. Johnson Title: Mayor Date: October 13, 2009 TENANT: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Dan Hunt Title: Vice President and CFO Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] Memorandum of Agreement Page 3 of 6 TowerCo ID:M2042 Cascade ID:IL3256 LANDLORD ACKNOWLEDGMENT State o )ss.. County of ) On the day _ in e y 2009 before me, the undersigned, pers9 ared , who is the of Village Ik Grove Village, an Illinois municipal corporate n, onally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me.that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. OFFICIAL SEAL Notary Public: PATRICIA DROSCHAK Printed Name: NOTARY PUBLIC-STATE OF ILLIJtM My Commission Expires: MY COMMISSION EXPI.RES:1OMM3 TENANT ACKNOWLEDGMENT State of North Carolina ) )ss.. County of Wake ) .On the day of in the year 2009 before me, the undersigned, personally appeared Dan Hunt, Vice President and CFO of TowerCo Assets LLC, a Delaware limited liability company, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: Printed Name: My Commission Expires: Memorandum of Agreement Page 4 of 6 TowerCo ID:HIN2 Cascade 111 IL3256 ATTACHMENT A LAND The West 110.00 feet of the East 553.10 feet of Lot 19 in Centex Industrial Park Unit 4, being a subdivision in Section 35, Township 41 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded November 2, 1959 as Document No. 17701036 and LR 1894159, in Elk Grove Township, Cook County, Illinois. Memorandum of Agreement Page 5 of 6 TowerCo ID:IL2042 Cascade ID:IL3256 ATTACHMENT B PREMISES Lease Site: A parcel of land for lease site purposes located within that part of the West 110 feet of the East 553.10 feet of Lot 19 in Centex Industrial Park Unit 4, being a subdivision in Section 35, Township 41 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded on November 2, 1959 as Document No. 17701036 and LR 1894159, in Elk Grove Township, Cook County, Illinois, described as follows: Commencing at the intersection of the West line of the East 553.10 feet of Lot 19 with the South line of land dedicated for roadway improvement by Document No. 20804133, said South line being a line 20.00 feet south of(measured perpendicular thereto) and parallel with the North line of said Lot 19; thence N 90°00'00" E, along said parallel line, 25.00 feet; thence S 00°32'45" W parallel with the East line of said Lot 19, 116.51 feet; thence N 90°00'00" E, 30.00 feet for a point of beginning; thence continuing N 90°00'00" E, 45.00 feet; thence N 00°00'00"-E, 25.00 feet; thence N 90°00'00" W, 45.00 feet; thence S 00°00'00" E, 25.00 feet to the point of beginning, containing 1125.00 square feet. Access and Utility Easement: A parcel of land for access and utility easement purposes located within that part of the West 110 feet of the East 553.10 feet of Lot 19 in Centex Industrial Park Unit 4, being a subdivision in Section 35, Township 41 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded on November 2, 1959 as Document No. 17701036 and LR 1894159, in Elk Grove Township, Cook County, Illinois, described as follows: Commencing at the intersection of the West line of the East 553.10 feet of Lot 19 with the South line of land dedicated for roadway improvement by Document No. 20804133, said South line being a line 20.00 feet south of(measured perpendicular thereto) and parallel with the North line of said Lot 19; thence N 90°00'00" E, along said parallel line, 13.00 feet for a point of beginning; thence continuing N 90°00'00" E, 12.00 feet; thence S 00°32'45" W,parallel with the East line of said Lot 19, 116.51 feet; thence N 90°00'00" E, 75.00 feet; thence S 00000'00" E, .12.00 feet; thence S 90°00'00" W, 87.12 feet; thence N 00°32'45" E, 128.51 feet to the point of beginning, containing 2442.80 square feet. Memorandum of Agreement Page 6 of 6 TowerCo ID:IL2042 Cascade ID:IL3256