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HomeMy WebLinkAboutRESOLUTION - 30-15 - 6/16/2015 - TOWER LEASE AGREEMENTRESOLUTION NO. 30-15 A RESOLUTION AMENDING RESOLUTIONS 51-94 AND 46-09 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGREEMENT AND A MEMORANDUM OF SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NEXTEL WEST CORP. DB/A NEXTEL COMMUNICATIONS (701 PRATT BOULEVARD) 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: SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGREEMENT and MEMORANDUM OF SECOND AMENDMENT TO STANDARD WATER 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: 6 NAYS: 0 ABSENT: 0 PASSED this 16th day of June 2015. APPROVED this 16th day of June 2015. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk 9CcoudwocruilcatiaunertmnlNhtml Site Name: 701 Pratt Boulevard — Elk Grove Water Tower - CH52XC297 IL3631 SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGEEMENT This Second Amendment to Standard Water Tower Lease Agreement ("Second Amendment") is made this 16`n day of June, 2015 and amends a certain Standard Water Tower Lease Agreement dated October 11, 1994, as previously amended by and between Nextel West Corp., a Delaware corporation, f/k/a Smart SMR of Illinois, Inc., a Delaware corporation, d/b/a Nextel Communications ("Lessee") and the Village of Elk Grove Village, an Illinois municipal corporation ("Lessor"). RECITALS Lessee and Lessor entered into that certain Standard Water Tower Lease Agreement dated October 11, 1994 (the "Lease Agreement") and Amendment No. 1 to Site Agreement dated September 2, 2009 ("First Amendment"), (the Lease Agreement and First Amendment are herein collectively referred to as the "Agreement"), for certain property located at 701 Pratt Boulevard, Elk Grove Village, Cook County, Illinois (the "Premises"). Lessee and the Lessor wish to further amend the Agreement as previously amended to reflect the agreements set forth herein. NOW, THEREFORE, in consideration of the above and pursuant to the terms set forth under the Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Renewal Terms. The Agreement currently provides, in Section 4 of the Lease Agreement, that there are no remaining lease renewal terms and that the current term has expired as of December 31, 2014. Section 4 of the Lease Agreement is hereby amended to provide that the Agreement be extended to include five (5) additional lease renewal terms of five (5) years each, the first of which shall be retroactive to January 1, 2015. The new final Agreement expiration date will be December 31, 2039. 2. Capital Contribution. In consideration of Lessor's extension of the renewal terms as set forth above, Lessee will pay to Lessor an additional one-time capital contribution in the amount of Fifteen Thousand Dollars ($15,000.00) for the full execution of this Second Amendment payable within forty-five (45) days of the full execution of this Second Amendment. 3. Rent. In consideration of the fair market value of the Premises, Section 5 of the Lease Agreement is hereby amended to set rent for this property at Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per month effective March 1, 2015, with a four percent (4%) annual escalator on each annual anniversary of January 1, 2015. This Second Amendment shall not affect Additional Rent payments as set forth in the Amendment No. 1 to the Site Agreement. ;�AtA Site Name: 701 Pratt Boulevard —Elk Grove Water Tower - CH52XC297 11,3631 4. Taxes. Section 7 of the Lease Agreement is hereby amended to include the following paragraph: Lessee hereby acknowl8dges, and agrees to abide by, the terms of the Village I f Elk Grove Village's 5% Simplified Municipal Telecommunications Tax (Village Ordinance Number 2960), generally applicable to all providers of telecommunications services in Elk Grove Village, as described in Attachment 1 annexed hereto. 5. Termination. Section 10 of the Lease Agreement is hereby amended to include the following paragraph: Lessee is solely responsible for the cost of a final inspection of the Premises by the Lessor's designated engineering firm following termination of the lease to ensure that the Premises is restored to prior condition, as specified in Section 12(c) of the Lease Agreement. 6. Lessor represents and warrants that Lessor is duly authorized and has the full power, right and authority to enter into this Second Amendment and to perform all of its obligations under this Second Amendment. 7. Irrespective of whetherthe transaction contemplated by this Second Amendment is consummated, Lessor and Lessee each will pay its own out-of-pocket expenses. 8. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Second Amendment, the terms and conditions herein will control. Except as set forth herein, all provisions of the Agreement are ratified and remain unchanged and in full force and effect. The parties have executed this Second Amendment as of the effective date. Lessor: Lessee: Village of Elk Grove Village, Nextel West Corp., an Illinois municipal corporation a Delaware a porn ion By: By: Craig B. Johnson Name: Michael Mizzell Name: Craig B. Johnson Title: Manor Title: Manager — Vendor Management � i• Date: 9c,I Date: June 16, 2015 ym SmName: 701 Pratt Boulevard — Flk_Grove N4uei Tower -CI°I�)XC'_97 10631 Attachment I. to Second Amendment to Ground Standard Water Tourer Lease Agreement Village Ordinance Number 2960 1 ('Sce attached.) ORDINANCE NO. 2960 AN ORDINANCE AMENDING TITLE 3. CHAPTER 2, SECTION 3-2.8, SINiPL1FIED MUNICIPAL TELECOMMUNICATIONS TAX, OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE, BY INCREASING THE SIMPLIFIED TELECOMMUNICATIONS TAX BY 1.00% FOR A TOTAL SIMPLIFIED TELECOMMUNICATION TAX RATE OF 5.00% WHEREAS, the Village of Elk Grove Village is a home rule municipality, as deft ted and set forth in the Constitution of the State of Illinois, and by the provisions thereof is empowered to enact such legislation pertaining to its local government allrs as is deemed necessary in the best interest of the Village including the power to tax; and WHEREAS, this Ordinance is being adopted pursuant to said authority and by the Village as a home rile municipality. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage as follows: Section I: That Chapter 2, Section 3-2-8B-1, Imposition of Tax, of the Village Code of the Village of Elk Grove Village, as it pertains to telecommunications tax rates, be amended to read as follows: a. The act or privilege of originating in the municipality at teceiving in the municipality intrastate telecommmicatioas by a person at a rate of five percent (5%) of the gross charge for such telecommunications purchased at retail from a retailer. b. The act or privilege of originating in the municipality or receiving in the municipality interstate telecommunications by a person at a rate of five percent (50/4) of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multistate taxation of the act or privilege that is subject to taxation under this subsection, any taxpayer, upon proof that the taxpayer has paid a tax in mother state on such event, shall be allowed a credit against any tax enacted pursuant to or authorized by this section to the extent of the amount of such tax properly due and paid in such other state which was not previously allowed as a credit against my other state or local tax in this state. Section 2: That Chapter 2, Section 3-2-8D-2, Earmarked Revenues, of the Village Code of the Village of Elk Grove Village, be amended to read as follows: a. Tlute (3) of the five percent (50/6) in revenues resulting from the imposition of this section shall be earmarked for the purposes of revitalizing the villages commercial and industrial areas. Under no circumstance shall this portion of the simplified municipal telecommunications tax revenue be utilized for other projects other than those established and recommended by the industrial/commercial revitalization commission. c. The remaining two of the live percent (5%) in revenues resulting from the imposition of this section shall be recorded in the general fund. Section 3: The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected arm+ emorced by the Department of Revenue which shall have full power to administer and enforce the provisions of this ordinance. Section 4: The Village Clerk is hereby directed to file a certified copy of this ordinance with the Illinois Department of Revenue before the twentieth day of March 2004, Section 5: This ordinance shall take effect on the first day of July 2004 next following the adoption and filing of this ordinance with the Department of Revenue. Section :That this ordinance 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 2816 day of October 2003. APPROVED this 2816 day of October 2003. APPROVED: Craig B. Jobaon, Mayor ATTEST: Ann I. Walsh V W age Clerk PUBLISHED this 31"day of October 2003 in pamphlet form. adw o cur r"� T- act 2 MM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint Property Se vices Mailstop KSOPHT0101-Z26 0 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Site Ill: C1452XC297 (It.3631) above this line for Recorder's use MEMORANDUM OF SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGEEMENT This MEMORANDUM OF SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGEEMENT ("Amended Memorandum"), by and between by and between Nextel West Corp., a Delaware corporation, f/k/a Smart SMR of Illinois, Inc., a Delaware corporation, d/b/a Nextel Communications ("Lessee") and the Village of Elk Grove Village, an Illinois municipal corporation ("Lessor"), evidences that the lease made and entered into by written Standard Water Tower Lease Agreement between Lessor and Lessee or Lessee's affiliate, dated October 11, 1994, as amended by Amendment No. I to Site Agreement dated September 2, 2009 (collectively, the "Agreement"), has been amended by written agreement between the parties (the "Amendment"). The parties caused to be recorded a Memorandum of Agreement with the Office of County Recorder, County of Cook, State of Illinois, as document number 0010316328 on April 1, 2001. The tetras and conditions of the Agreement and Amendment are incorporated herein by reference. The Amendment provides in part that Lessor leases to Lessee a certain portion of real property owned by Lessor, located at 701 Pratt Boulevard, Elk Grove Village, Cook County, Illinois, together with non-exclusive utility and access easements (the "Premises"). The Lesor's property which is the subject of the Agreement is described in Exhibit A attached hereto. The Amendment provides that the Agreement be extended include five (5) additional lease renewal terns of five (5) years each, the first of which shall be retroactive to January 1, 2015. The new final Agreement expiration date will be December 31, 2039. All notices to Lessee must be sent via U.S. Postal Service certified mail, return receipt requested with all postage prepaid to: Nextel West Corp. Sprint Property Services Site ID: CH52XC297 (IL3631) Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 LESSOR initials: AIII) with a mandatory copy to: Sprint Law Department Attn: Real Estate Attorney Site ID: CH52XC297 (IL3631) Mailstop KSOPHTO101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 LESSEE initialsW Site ID: CH52XC297 (IL3631) IN WITNESS WHEREOF, the parties have executed this Amended Memorandum as of the day and year indicated below. Lessor: I Lesse: Village of Elk Grove Village, an Illinois municipal corporation a„ By: Name: Craig B. Johnson, Title: Mayor State of County of Nextel West Corp., a D71awc co lorajipn �..� c� t two Name: Michael Mizzell Title: Manager — Vendor Management On before me, (here insert name acrd title of rhe officer) personally appeared_____, who proved to me on the basis of satisfactory evidence to be the person(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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON ) Acknowledgment by Corporation Pursuant to Uniform Acknowledgment Act (Seal) The foregoing instrument was acknowledged before me this day of _ - 2015, by L-�(; t�z2At / �1 e on behalf of Sprint Assets, PC L.L.C., a Delaware limited npany. In s s whereof I fierew to set my hand and official seal. Notary Public State of Kansas Pamela D. Mahoney IMy Commlss Ion Expires.*Laz LESSOR initials: ___ __ LESSEE initials./ \. Site ID: CH52XC297 (11-3631) EXHIBIT A TO MEMORANDUM OF SECOND AMENDMENT TO STANDARD WATER TOWER LEASE AGEEMENT Description of Property A portion of certain real property located at 701 Pratt Boulevard, Elk Grove Village, Cook County, Illinois, described as follows: THE EAST 100 FEET OF THE WEST 521.99 FEET OF THE SOUTH 112 FEET OF THE NORTH 245.83 FEET OF THE SOUTH 409.77 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. IN COOK COUNTY, ILLINOIS. THAT PART OF THE EAST 14 FEET OF THE WEST 521.99 FEET OF THE NORTH''/z OF THE SOUTHWEST %, SECTION, LYING NORTH OF THE SOUTH 275.94 FEET OF SAID NORTH HALF OF THE SOUTHWEST Ya SECTION AND LYING SOUTH OF THE SOUTH LINE OF PRATT AVENUE AS DESCRIBED IN CENTEX INDUSTRIAL PARK UNIT 22 IN THE WEST Yz OF THE SOUTHWEST'/a OF SECTION 34, TOWNSHIP 41 NORTH, RANGE I 1 LYING EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. and otherwise known as the southeast comer of the intersection of Pratt Avenue and Tonne Road, Elk Grove Village, IL. P.I.N.'s: 08-34-300-027 and 08-34-300-037. LESSOR initials: LESSEE initials'�t/VA s'?