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Home My WebLink AboutRESOLUTION - 60-09 - 11/10/2009 - CINGULAR WIRELESS PCS, LLC / FORMERLY AT&T WIRELESS RESOLUTION NO. 60-09 A RESOLUTION AMENDING RESOLUTION NO. 6-09 AND IN ADDITION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SECOND AMENDMENT TO GROUND LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NEW CINGULAR WIRELESS PCS, LLC (FORMERLY REFERRED TO AS AT&T WIRELESS SERVICES CORPORATION) (1060 OAKTON STREET) NOW, THEREFORE BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village Counties of Cook and DuPage Illinois as follows: Section 1: That Resolution No. 6-09 be amended by deleting from Section I the following: "Second Addendum to Ground Lease Agreement" and same be further amended by removing the attached document with said title. Section 2: That the Mayor be and is hereby authorized to sign the attached document entitled "Second Amendment to Ground Lease Agreement's a copy of which is attached hereto and made in part hereof as is fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. 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 101h day y of November 2009. i APPROVED this 101h day of November 2009. APPROVED: Mayor Craig B. Johnson i Village of Elk Grove Village ATTEST: i Ann I Walsh, Village Clerk By: Judith M. Keegan, Deputy Village Clerk I i S:res.groundleaseagreement.doc I SECOND AMENDMENT TO GROUND LEASE AGREEMENT THIS SECOND AMENDMENT TO GROUND LEASE AGREEMENT ("Second Amendment"), dated as of the latter of the signature dates below, is by and between the Village of Elk Grove Village, an Illinois Municipal Corporation, having a mailing address of 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499 (hereinafter referred to as "Landlord") and the New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor-in-interest to AT&T Wireless PCS, Inc., a Delaware Corporation, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, Georgia 30004 (hereinafter referred to as "Tenant''). WHEREAS, Landlord and Tenant's predecessor-in-interest entered into a certain Ground Lease Agreement dated January 3, 1997, and Addendum dated January 3, 1997, and First Amendment to Ground Lease Agreement dated January 27, 2009 whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 1060 Oak-ton Street, City of Elk Grove Village, Cook County, Illinois 60007 ("Agreement"); and WHEREAS, Tenant desires to sublease a portion of the Premises to Cricket Communications, Inc. ("Subtenant''), for the installation of Subtenant's communications equipment and antennas and Landlord is willing to approve of the sublease under the terms and conditions contained herein; and WHEREAS, Tenant desires to compensate Landlord ("Additional Rent") in exchange for Landlord's consent to the sublease between Tenant and Subtenant; and i WHEREAS, Landlord and Tenant desire to amend the Agreement to reflect an increase in rent. WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. i NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: i 1. SUBLEASE. Tenant may sublease a portion of the Premises to Subtenant upon such terms and conditions as Tenant and Subtenant shall agree in a sublease agreement (the "Sublease"). i i 2. Section 2, Additional Rent of the First Amendment to Ground Lease Agreement dated January 27, 2009 is deleted in its entirety and replaced with the following: I i "ADDITIONAL RENT. a Tenant shall a Landlord in addition to the Rent required b the ( ) pay � q Y Agreement, the amount of Seven Hundred Fifty Dollars and No/100 ($750.00) per month ("Additional Rent") for the sublease of a portion of the Premises to Subtenant. Such increase shall be effective upon commencement of rent payments by Subtenant to Tenant ("Additional Rent Commencement Date") and the Additional Rent shall increase four percent(4%) per year on the anniversary of each November 13 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) Under the terms of a previous understanding, Tenant agreed to pay Landlord a one time payment of ten thousand dollars ($10,000.00) in anticipation of Landlord's consent for Tenant to sublet to Subtenant, and Landlord acknowledges previous receipt of said ten thousand dollars ($10,000.00)." 3. Section 2.3(A), Rent During Extension Terms is deleted in its entirety and replaced with the following: Section 2.3(A) Effective January 1, 2007, Rent for this Site shall be two Thousand Two Hundred Fifty Dollars ($2,250.00), payable monthly, increasing on the anniversary of each January I", by four percent (4%) of the rent for the previous year. 4. Section 2.4 Construction of Tenant's Building which required Tenant to construct a ten foot by twenty foot (10' x 20') equipment enclosure is modified to require Tenant, as a one time occurrence, to remove and dispose of the existing one hundred twelve feet (112') of chain link topped with barbed wire fencing and replace it with one hundred twelve feet (112') in length, six foot (6') high in height, stained, board-on-board fence ("The Fence"), and Tenant, also as a one time occurrence, shall install weed fabric mulch and six (6) quantity six foot (6') tall green spruce trees on the west and southwest portion of the tower area ("Landscaping"), which Landscaping shall � have a one year (1) year warranty, and Tenant shall have no further liability i concerning the Landscaping upon the expiration of this warranty. All maintenance of the Landscaping and the Fence shall be the sole responsibility and expense of the Landlord. Any other requirement set forth in Section 2.4 concerning the construction of the ten foot by twenty foot (10' x 20') equipment enclosure is hereby deleted. 5. Section 1.14 of the Agreement is hereby deleted in its entirety and replaced with the following: I i I "1\TOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: As to Tenant New Cingular Wireless PCS, LLC Attn.: AT&T Network Real Estate Administration Re: IL 1406/Elk Grove Fire Station Fixed Asset No.: 10095243 (IL) 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site#: IL1406; Cell Site Name: Elk Grove Fire Station Fixed Asset No.: 10095243 (IL) 15 East Midland Avenue Paramus, NJ 07652 As to Landlord: . Village Manager Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 Either party hereto may change the place for the giving of notice to it by thirty (3 0) days prior written notice to the other as provided herein.'' i 6. Payment of Past Due Rent. As a result of the amended rent commencing January 1, 2007 as set forth in this Agreement, and all annual renewals thereto, Tenant is responsible for rental payments from January 1, 2007 to and including September 1, 2009 of eighty eight thousand seven hundred sixty j dollars and thirty-one cents (588,760.31). To date, Tenant has paid seventy- four thousand two hundred twenty dollars and forty-six cents ($74,220.46). Tenant agrees that the outstanding balance of fourteen thousand five hundred thirty-nine five dollars and eighty-five cents ($14,539.85) shall be paid to the Landlord within thirty (30) days of the execution of this Agreement. Failure to pay said amount within the thirty (30) day period shall be deemed sufficient cause for Landlord to commence termination of all existing agreements between the parties hereto. 7. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth in this Second I i I i � Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second Amendment. 8. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused this Second Amendment to be effective as of the last date written below. WITNESSES: "LANDLORD" Matthew Roan Village of Elk Grove, an Illinois Print Name: Matthew Roan Muhicipal Corporation Judith'M. Keegan By: Craig B. Johnson Print Name: Judith M. Keegan Print Name: Craig B. Johnson Its: Mayor Date: November 10. 2009 "TENANT" New Cingular Wireless PCS, LLC i By: AT&T Mobility Corporation Its: Manager Print Name: By: Print Name: Print Name: Its: Date: I I i