HomeMy WebLinkAboutRESOLUTION - 31-17 - 6/20/2017 - Cingular Wireless Agreement 1141 Hawthorne Lane RESOLUTION NO. 31-17
A RESOLUTION AMENDING RESOLUTION 36-98 AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO THE
WATER TOWER LEASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND NEW CINGULAR WIRELESS PCS,LLC (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 documents
marked:
FIRST AMENDMENT TO 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 20th day of June 2017.
APPROVED this 201h day of June 2017.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy,Village Clerk
Market: IL/WI
Cell Site Number: IL0465
Cell Site Name:Village of Elk Grove
Fixed Asset Number:10006375
FIRST AMENDMENT TO LEASE AGREEMENT SITE 465
THIS FIRST AMENDMENT TO LEASE AGREEMENT SITE 465 ("First
Amendment"), dated as of the latter of the signature dates below, is by and between Village of
Elk Grove, an Illinois Municipal Corporation, having a mailing address of 901 Wellington
Avenue, Elk Grove Village, IL 60007 ("Landlord") and New Cingular Wireless PCS, LLC, a
Delaware limited liability company, having a mailing address of 575 Morosgo Dr., Atlanta, GA
30324 ("Tenant").
WHEREAS, Landlord and Tenant entered into a Lease Agreement Site 65, dated August
6, 1998, whereby Landlord leased to Tenant certain Premises, therein described, that are a
portion of the Property located at 1141 Hawthorne Lane, Elk Grove Village, IL 60007
("Agreement"); and
WHEREAS, Landlord and Tenant desire to amend the Lease Agreement Site 465 to
provide that Tenant pay the costs of any necessary review and inspections by Dixon Engineering,
or other firm as designated by Landlord, of Tenant's current and future proposed modifications
of the cell site facility ; and
WHEREAS, Landlord and Tenant desire to delete Paragraph 3.3 of Lease Agreement Site
465 in its entirety; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, Landlord and Tenant desire to clarify that the Tenant may add, modify
and/or replace equipment in order to be in compliance with any current or future federal, state or
local mandated regulations, including but not limited to emergency 911 communication services;
and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement
as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. Payment of Landlord's Costs: Landlord and Tenant agree that Tenant shall pay the
commercially reasonable costs of any necessary review and inspections by Dixon Engineering,
or other firm as designated by Landlord, of Tenant's current and future proposed modifications
of the cell site facility.
2. Approval of Landlord Costs: Wherein a review and/or inspection(s) of Tenant's plans and
equipment/facility is required by this agreement, the costs of which are the responsibility of the
Tenant, Landlord shall provide Tenant with an estimate of costs for said review and/or
inspection(s), which costs are directly related to the extent of Tenant's upgrade or such other
work project necessitating the review and/or inspection(s). All estimated costs provided by
Landlord shall be commercially reasonable and shall be reimbursement costs only. Tenant has
the right to not proceed with any work project requiring review and/or inspection(s) if the Tenant
determines that the cost of the inspection is not economically justified in relation to the benefit
derived from the upgrade or work project.
3. Paragraph 3.3. Landlord and Tenant agree that Paragraph 3.3 of the Lease Agreement Site
465 be and is hereby deleted in its entirety.
4. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the
following:
NOTICES. All notices, requests, demands and communications hereunder will be given by first
class certified or registered mail, return receipt requested, or by a nationally recognized
overnight courier, postage prepaid, to be effective when properly sent and received, refused or
returned undelivered. Notices will be addressed to the parties as follows.
If to Tenant: New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation,
Attn: Network Real Estate Administration
Re: Cell Site#: IL0465, Cell Site Name: Village of Elk Grove(IL),
FA No: 10006375
575 Morosgo Dr.
Atlanta, GA 30324
With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal
Department: New Cingular Wireless PCS, LLC
Attn: Legal Department,
Re: Cell Site#: IL0465, Cell Site Name: Village of Elk Grove (IL)
FA No: 10006375
208 S. Akard Street
Dallas, Texas 75202-4206
A copy sent to the Legal Department is an administrative step which alone does not constitute
legal notice.
If to Landlord: Village of Elk Grove Village
Attn: Village Manager's Office
901 Wellington Ave
Elk Grove Village, IL 60007
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Either party hereto may change the place for the giving of notice to it by thirty (30) days prior
written notice to the other as provided herein.
5. Emers!ency 911 Service. In the future, without the payment of additional rent and at a
location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add,
modify and/or replace equipment in order to be in compliance with any current or future federal,
state or local mandated regulations, including but not limited to emergency 911 communication
services.
6. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this First Amendment, the terms of this First Amendment shall control. Except
as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and
remains in full force and effect. Each reference in the Agreement to itself shall be deemed also
to refer to this First Amendment.
7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this First Amendment on the dates set forth below.
"LANDLORD"
Village of Elk Grove Village,
an Illinois Municipal Corporation_
By: Craig B Johnson
Name: Craig B Johnson
Title: Mayor
Date: June 20,2017
"TENANT"
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Name:
Title:
Date: 2017
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TENANT ACKNOWLEDGEMENT
STATE OF 1
ss:
COUNTY OF 1
On the day of in the year 2017-before me, the undersigned,
a notary public in and for said state, personally appeared
, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(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 capacity(ies), and
that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which
the individual(s)acted, executed the instrument.
Notary Public:
My Commission Expires:
LANDLORD ACKNOWLEDGEMENT
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF )
ss:
COUNTY OF )
BE IT REMEMBERED, that on this day of 2017 before me, the
subscriber, a person authorized to take oaths in the State of ,personally appeared
who,being duly sworn on his/her/their oath, deposed and made proof to
my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first
made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed,
sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein contained.
Notary Public:
My Commission Expires:
PARTNERSHIP(consisting of corporate partners)ACKNOWLEDGEMENT
STATE OF )
ss:
COUNTY OF )
I CERTIFY that on , 2017, personally came before
me and this/these person(s)acknowledged under oath to my satisfaction,that:
(a) this/these person(s) signed, sealed and delivered the attached document as
[title] of [name of corporation] a corporation of the
State of ,which is a general partner of the partnership named in this document;
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(b) the proper corporate seal of said corporate general partner was affixed; and
(c) this document was signed and delivered by the corporation as its voluntary act and deed
as [a] general partner(s)on behalf of said partnership [by virtue of authority from its Board of Directors].
Notary Public:
My Commission Expires
CORPORATE ACKNOWLEDGEMENT
STATE OF )
COUNTY OF )
I CERTIFY that on 12017, [name
of representative]personally came before me and acknowledged under oath that he or she:
(a) is the [title] of [name
of corporation],the corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
Notary Public
My Commission Expires:
s
FA#/Site#/Site Name
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