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