HomeMy WebLinkAboutRESOLUTION - 37-11 - 9/13/2011 - NEXTEL AGREEMENT RESCINDING RES. NO. 34-11RESOLUTION NO. 37-11
A RESOLUTION RESCINDING RESOLUTION NO. 34-11 AND AMENDING
RESOLUTION NO. 35-98 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE AMENDMENT NO. 1 TO TOWER LEASE AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND NEXTEL COMMUNICATIONS,
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. 1 TO TOWER LEASE 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: 5 NAYS: 0 ABSENT: 1
PASSED this 13th day of September 2011.
APPROVED this 13'h day of September 2011.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
NCFIen oe et 1.eaaMimndmem
Site Name: Oklahoma Site ID #: CH03XC482
AMENDMENT NO. 1 TO Tower Lease Agreement
"Phis Amendment No. 1 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.
BACKGROUND
WHEREAS, 'reliant desires to modify its installation on the Site by adding or scvupping 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 arc acknowledged, Landlord and Tenant agree as
follows:
I. Modification to the Facilities. Exhibit B -I to the Agreement is hereby amended to include the modifications identified on
Exhibit B -I, 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 pati thereof except to the extent specifically set forth in Exhibit B-1.
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 KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
Willi a mandatory copy to: Sprint/Nextel Law Department
Sprint Site ID: CI-103XC482
Mailstop KSOPHT0101-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.
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 template, Pmjen Vision
Rcrlscd 5.25.11
The parties have executed this Amendment as of the Effective Date.
Landlord: Tenant:
Village of Elk Grove Village, an Illinois Municipal SprintCom, Inc., a Kansas corporation
corporation
By:
Printed Name:
Title:
LU
Craig B. Johnson Printed Name:
Date: September 13, 2011
Basic Atnendmem template, Project Vision
Revised 5,25 It
Title:
'Date:
(Date must be completed)
Exhibit B-1
[see attachedl
basic Anlendmenl lemplate, Projoel Vision
Revised 5.25.11
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