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
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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.
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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
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Date: 9c,I
Date: June 16, 2015
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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
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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
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