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Home My WebLink AboutRESOLUTION - 29-10 - 5/11/2010 - SPRINTCOM SITE AGREEMENTRESOLUTION NO. 29-10 A RESOLUTION AMENDING RESOLUTION NO. 28-98 AND RESOLUTION NO. 45-09 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT NO. 2 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 2 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 twelve (12) antennas, fifteen (15) coaxial cables and three (3) GPS signal units and connections 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 11th day of May 2010. APPROVED this 11" day of May 2010. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Ground LeaseAgmtamenOSprintCom Site Name: Elk Grove WT AMENDMENT NO. 2 TO THE SITE AGREEMENT Site ID M I11,3887 This Amendment No.2 ("Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain Tower Lease Agreement between Nextel West Corp., a Delaware corporation, ("Tenant") and Village of Elk Grove, an Illinois municipal corporation ("Landlord"), dated June 23, 1989 (the "Agreement") and Amendment No. 1 dated September 22, 2009. BACKGROUND Tenant desires to modify the Agreement for the Premises located at 1141 Hawthorne Lane, to allow Tenant the right to sublease, or sublicense (or otherwise transfer or allow the use of) any and all portions of the Premises, plus allowing its affiliates or joint venture partners to use some portion of the Premises for the deployment of advanced wireless services. AGREEMENT In consideration of the mutual promises between the parties and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, Landlord and Tenant agree as follows: 1. Assignment and Subletting. Section 12 of the Agreement is deleted in it entirety and replaced with the following: Tenant will not assign or transfer this Agreement or sublet all or any portion of the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant will have the right, without notice to or consent of Landlord, to sublease (or otherwise transfer or allow the use of) all or any portion of the Premises or assign its rights under this Agreement in whole or in part to any affiliated entity that Tenant or its parent company, Sprint Nextel Corporation, maintains an equity interest in. 3. Tenant's Notice Address. Tenant's notice address in Section 1.15 of the Agreement is hereby deleted in its entirety and replaced with the following: Sprint/Nextel Property Services Mailstop KSMM101-22650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 With a mandatory copy to: Sprint/Nextel Law Department Mailstop KSOPHT0101-22020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn.: Real Estate Attorney" 4. 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 below, 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. N Site Name: EIk Grove WT The parties have executed this Amendment as of the Effective Date. Landlord: Tenant: Village of Elk Grove, an Illinois municipal Nextel West Corp., a Delaware corporation corporation By: Craig B. Johnson By: Name: Craig B. Johnson Name: Title: Mayor Title: Date: May 11, 2010 Date: 0 Site ID #: 11,3887 Site Name: Elk Grove WT EXHIBIT B-1 TO SITE AGREEMENT Site Plan The Site is described and/or depicted as follows: 1 Patna MYSAr7 Site ID #: IL3887 6 wM WTS ftJZ AC& !M dearw`rer owe 7 0 Yd4♦=4e W3a0bMU =Kr:&MM tAW ,.- — ~ � � oa�7r►s aacrcrr avlw+r ! vs it rta� f 4 orw��k--tav !R 4ll'3�SIM ` r rybiouRea r � d —^/ oan6 uo calliaa OWwua eauamer �. % S -IM g tp4w-vetlt tgarn�aa liStl , �z 6 �txet+b rcinxs racstFEME 'z µPxsgrv4 r h 1. Y 6 6 wM WTS ftJZ AC& !M dearw`rer VA Mx � ue 0 Yd4♦=4e W3a0bMU saamnsancowa.. ww=ILra. W iE aao u" 694" vs it rta� rroc�tatr.n •acr nRcre rM n�� !R 4ll'3�SIM SEPLLN nivsraeoo c�+v+r�+rrs�+.sm+ea 6 Site Name: Elk Grove VYT EXHIBIT B-1 TO SITE AGREEMENT Site Plan The Site is described and/or depicted as follows: Site ID #: IL3887 Site Name: Elk Grove NT Site ID #: U3887 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: I. The Site may be setback from the boundaries of Owner's Property as required by the applicable governmental authorities. 2. The aocess road's width may be modified as required by the governmental authorities, including police and fine 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: