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Home My WebLink AboutRESOLUTION - 34-11 - 7/19/2011 - SPRINTCOM AMENDMENTRESOLUTION NO. 34-11 A RESOLUTION AMENDING RESOLUTION NO. 28-98, RESOLUTION NO. 45-09 AND RESOLUTION NO. 29-10 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT NO. 3 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.3 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 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 191h day of July 2011. APPROVED this 19th day of July 2011. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk G rou ud LeaseAgmta mend3SprintCom Site Name: Oklahoma Site ID 9: CH03XC482 AMENDMENT NO. 3 TO Tower Lease Agreement This Amendment No. 3 to Tower Lease Agreement (this "Amendment'), effective as of the date last signed below ("Effective Date"), amends a certain Tower Lease Agreement between SprintCom, Inc., a Kansas corporation ("Tenant') and Village of Elk Grove Village, an Illinois Municipal corporation ("Landlord"), dated June 23, 1998, as amended by Amendment No. I dated September 22, 2009, and Amendment No. 2 dated May 11, 2010 (`the Agreement). BACKGROUND WHEREAS, Tenant desires to modify its installation on the Site by adding or swapping out antennas and other equipment to the Facilities, as more particularly described in Exhibit B-1 annexed hereto, and Tenant and Landlord desire to modify the provisions of the Agreement as provided below. AGREEMENT For good and valuable consideration the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows: 1. Modification to the Facilities. Exhibit B-1 to the Agreement is hereby amended to include the modifications identified on Exhibit B-1, a copy of which is attached and made a part hereof. Exhibit B-1 supplements Exhibit B to the Agreement, and shall not be deemed to supersede or otherwise modify Exhibit B or any part thereof except to the extent specifically set forth in Exhibit B -I. Upon full execution of this Amendment, Tenant is permitted to do all work necessary to prepare, maintain and alter the Site to install or otherwise modify the Facilities, all as more fully described and contemplated in Exhibit B-1. 2. Notice Address. The notice addresses in Section I of the Agreement for the party or parties listed below are hereby deleted in their entirely and replaced with the following: To Landlord: Village Manager Village of Elk Grove Village 901 Wellington Elk Grove Village, IL 60007 To Tenant: Sprint/Nextel Property Services Sprint Site ID: CH03XC482 Mailstop KSOPHTO 10 1 -Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 With a mandatory copy to: Sprint/Nextel Law Department Sprint Site ID: CH03XC482 Mailstop KSOPHTO 10 1 -Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Ann.: Real Estate Attorney 3. 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 represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** Basic Amendment lemplale, Project Vision Revised 525.11 The parties have executed this Amendment as of the Effective Date. Landlord: Village of Elk Grove Village, an Illinois Municipal corporation LE Printed Name: Craig B. Johnson Title: Tenant: SprintCom, Inc., a Kansas corporation M Printed Name: Title: Date: July 19, 2011 Date: (Date must be completed) (Date must be completed) Basic Amendment remptate, Project Vision Revised 5.25 11 Exhibit B-1 ]see attached] Basle Am endmenucmplate, Project Vision Revised 5.25.11 mw.tmf8lr LVv1190J APaHa�BwW3T°wl`91m 19ien m33Ara 3_YnuONNl�4un33F31 Y1e u'3md v'uu3n 3+mm[i 3LL elMs�>w sun_ivm v¢s3sx wJsimnunfm ft n.lm'e�un W oW �W oq�xYm UmL 3^yu! €'3'md§i _; o- 0 ° O i uj46Q' U w W W 0 3 z IL W 1.7 bw g w t aNan 7: O 3 =< W a _„ m U Z W ui °um in W -'O - ull ° m —1 w a m Tw' a � • W Um C)e Ltlo 'a m %9 o`1,j L n L ttUwm m� - ¢o U N o W _opo W ki'e ow e36a _ � Z 3maG°a y��owAwm rc nxlm �grcxr-u' pww ion U w'.e �bJq � � ~ w3�3 Q � �_ Z a o� a^� Q Q n LL T.Hpc a 90aem e Wo r'a >a via y,l oom ,co°P.: 4 VSS ca W m i/ r— /� UP N mm 2m x' o .......... 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