S-1517 - 12/12/2017 - AGREEMENT - Ordinances ORDINANCE 2017 TELECOM-TWR-S-1517
AN ORDINANCE APPROVING AN AMENDMENT TO A
COMMUNICATION SITE LEASE AGREEMENT(GROUND)
WITH SPRINTCOM, INC.A KANSAS CORPORATION
WHEREAS, the Village of Oak Brook(the"Village") is an Illinois municipal corporation; and
WHEREAS, SprintCom, Inc. a Kansas corporation d/b/a Sprint(the"Tenant"), is a corporate
entity with a principal place of business at 6391 Sprint Parkway, Overland Park, Kansas 66251; and
WHEREAS, Section 11-75-1 of the Illinois Municipal Code, 65 ILCS 5/11-75-1, authorizes the
Village to lease the space above and around buildings located on land owned by the Village to any
person for any term not exceeding 99 years; and
WHEREAS, the Village has heretofore negotiated with the Tenant a certain lease (the"Lease")
for the use of its monopole and defined property in and around the base of the monopole, on property
commonly known as 1200 Oak Brook Road, Oak Brook, DuPage County, Illinois(the"Property")for the
construction, operation and maintenance of Tenant's telecommunications facilities and appurtenant
improvements; and
WHEREAS, the Village is constructing a replacement monopole and desires to amend the Lease
to cause the Tenant to relocate Tenant's Facilities onto the replacement monopole(the"Amendment");
WHEREAS, the Corporate Authorities find that the Lease and Amendment do not provide
authority for Tenant to erect any permanent building on the Property which shall be considered a fixture
thereon; and
WHEREAS, the Corporate Authorities have reviewed the Lease and Amendment and find that
granting the Amendment to the Tenant is in the best interest of and shall advance the health, safety and
welfare of the Village of Oak Brook.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook, DuPage County, Illinois, as follows:
1. Recitals. The President and Board of Trustees find the foregoing recitals to be true and
correct and represent the purpose and intent of this Ordinance and as such are incorporated as though
fully set forth herein. The President and Board of Trustees desire for this Ordinance to be liberally
construed to most effectively accomplish the purpose and intent so described.
2. Lease. A copy of the Amendment is attached hereto as Exhibit A and incorporated as
though fully set forth herein. The principal terms of the original Lease are as follows:
Initial Term: 5 years
No. of Renewal Terms: 3-5-year terms
Initial Rent: $2000 per month
Area of Leased Premises: 300 square feet.
Ordinance 2017-TELECOM-TWR-S-1517
Amendment to Ground Lease
With Sprint
Page 2 of 3
3. Approval. The President and Board of Trustees hereby exercise the power and authority
described in Section 11-75-1 to ratify the Lease and approve the Amendment and direct and authorize
the President and Clerk to sign and attest such Amendment in the manner required by law.
4. This Ordinance shall become effective immediately upon passage and approval in the
manner provided by law.
APPROVED THIS 12th Day of December, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 12th Day of December, 2017
Ayes: Trustees Mar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2017-TELECOM-TWR-S-1517
Amendment to Ground Lease
With Sprint
Page 3 of 3
EXHIBIT A
AMENDMENT TO GROUND LEASE FOR COMMUNICATION PURPOSES
WITH SPRINTCOM, INC.A KANSAS CORPORATION
FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO CO1 DAUNICATIONS SITE LEASE
AGREEMENT ("First Amendment"), dated as of the latter of the signature dates below (the
"Effective Date"), is by and between the Village of Oak Brook, an Illinois municipal
corporation, having a mailing address of 1200 Oak Brook Road, Oak Brook, Illinois 60523
("Landlord") and SprintCom, Inc., a Kansas corporation, having a mailing address of 6391
Sprint Parkway,Overland Park,Kansas 66251 ("Tenant").
WHEREAS, Landlord and Tenant entered into an Communication Site Lease Agreement
dated September 12, 2006 ("Agreement") whereby Landlord leased to Tenant certain premises
("Premises"), therein described, that are a portion of the property ("Property") located at 1200
Oak Brook Road, Oak Brook,in the County of DuPage,State-of-lliuoisfi0523;and------------
WHEREAS, Lessor and Tenant acknowledge that Verizon will construct a 120'
monopole("Tower")to replace the existing tower("Existing Facility"); and
WHEREAS, Landlord and Tenant agree to work in good faith to expediently relocate
Tenant from the Existing Facility to the Tower; and
WHEREAS Tenant shall incur costs of approximately Forty Thousand and 00/100
Dollars($40,000.00) for said relocation; and
WHEREAS, Landlord and Tenant agree that Tenant's current leased ground space will
not be altered by the relocation; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, Landlord and Tenant, in their mutual interest, further 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 that the recitals set forth above are incorporated herein as if set forth in their
entirety and further agree as follows:
1. Rent. Rent shall abate until the abatement is equal to the lesser of(a)$40,000, or(b)the
actual expenses directly attributable to relocating the equipment described in Exhibit 1 from the Existing
Facility to the Tower.The abatement is intended only to alter the obligation of Tenant to pay Rent as
shown on Exhibit 1,and it shall not alter the rent or escalation figures as set forth in the Option and
Structure Lease Agreement. After the abatement period, rental payments shall again become due at the
figures set forth in the Option and Structural Lease Agreement.Tenant shall deliver to Landlord written
evidence of the relocation costs so the parties can confirm the value and schedule of the abatement.
2. Removal from Existing Facility. Tenant will remove all of its tower mounted equipment
from the Existing Facility within 60 days of receipt of written Notice to Proceed from Landlord
after Verizon has completed installation of Tower.
3. Relocation to Tower. Tenant shall receive substantially the same height on the Tower
(Eighty Feet(80'))as it uses on the Existing Facility, subject to the final design of the Tower.
4. Tenant's Equipment Loading on Tower. Tenant shall be entitled to the equipment
loading as reflected in Exhibit 2.
5. Notices. Section 19(e) of the Agreement is hereby deleted in its entirety and replaced
with the following:
NOTICES. All notices, requests, and demands 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: Sprint Property Services
Sprint Site ID: CH52XC461
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park,Kansas 66251-2650
With copy to: Sprint Law Department
Sprint Site ID: CH52XC461
Attn.: Real Estate Attorney
Mailstop KSOPHTO 101-Z2020
6391 Sprint Parkway
Overland Park,Kansas 66251-2020
If to Landlord: The Village of Oak Brook
Attn: Village Manager
1200 Oak Brook Road
Oak Brook, IL 60523
With a copy to: Ancel, Glink, Diamond, Bush,DiCianni &Krafthefer,P.C.
140 S. Dearborn, 6t'Floor
Chicago, Illinois 60603
Attn: Village of Oak Brook Attorney
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.
6. Amendment to Memorandum of Lease. Either party will, at any time upon fifteen(15)
days prior written notice from the other, execute, acknowledge and deliver to the other a
recordable Amendment to Memorandum of Lease substantially in the form of the Attachment 1.
Either party may record this memorandum at any time, in its absolute discretion.
7. Acknowledgement. Landlord and Tenant acknowledges that: 1)this First Amendment is
entered into of the parties' free will and volition; and 2) the Parties have read and understand
this First Amendment and the underlying Agreement and, prior to execution of this First
Amendment, were free to consult with counsel of its choosing regarding the decision to enter
into this First Amendment and to have counsel review the terms and conditions of this First
Amendment.
8. 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.
9. Capitalized Terms. All capitalized terms used but not defined herein shall have the
same meanings as defined in the Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
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"
The Vill e of Oak Brook,
an Illins�1c pomtion
By:
Name: r,,,g i r.- T.almalani
Title: village President
Date: December 1$, 2017
"TENANT"
SprintCom, Inc.,,
a Kansas corporation
By:
Its: Manager
By:
Name:
Title:
Date:
[ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE]
TENANT ACKNOWLEDGEMENT
STATE OF )
ss:
COUNTY OF )
On the day of in the year 20_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
CORPORATE ACKNOWLEDGEMENT
STATE OF ILLINOIS )
) ss:
COUNTY OF DUPAGE )
I CERTIFY that on QbEGiAaiA- /�204 typal r.. Lalmalani [name
of representative]personally came before me and acknowledged under oath that he or she:
(a) is the Village President [title] of the Village of Oak Brook
[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.
tary Public:
My Commissi xpires: Y off/ D1
EXHIBIT 1
Rent Abatement Schedule
Rent Period Abatement Amount
2/1/18-1/1/19 $34,218.17
2/1/19-3/1/19 $5,781.83
Total $40,000.00
EXHIBIT 2
Equipment Loading at Eight(80)feet
EXHIBIT 3
Generator Drawing
TBD
ATTACHMENT 1
MEMORANDUM OF LEASE
Prepared by and when recorded,return to:
Re: Cell Site ;Cell Site Name:
State: Illinois
County:DuPage
MEMORANDUM OF LEASE
This Memorandum of Lease is entered into on this day of , 20_, by and
between The Village of Oak Brook, an Illinois municipal corporation, having a mailing address of 1200
Oak Brook Road, Oak Brook, Illinois 60523 ("Landlord") and [Name of Tenant], having a mailing
address of[Address of Tenant]("Tenant").
1. Landlord and Tenant entered into an Communication Site Lease Agreement dated September
12, 2006, as amended by that certain First Amendment to Communication Site Lease
Agreement (collectively, the "Agreement') for the purpose of installing, operating and
maintaining a communications facility and other improvements. All of the foregoing are set
forth in the Agreement.
2. The Agreement provided for an initial term of five (5) years that commenced on
20^and was subject to three(3)Extension Terms of five(5)years each.
3. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1
annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms, conditions or provisions of the
Agreement, all of which are hereby ratified and affumed. In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Agreement, the
provisions of the Agreement shall control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day
and year first above written.
"LANDLORD"
The Village of 9A Brook,
an Illinois c. al co poratio G'
By:
Print Name: Gopal G. Lalmalani
Its: Village President
Date:
"TENANT"
SprintCom, Inc.,a Kansas Corporation
By:
Its: Manager
By:
Print Name:
Its:
Date:
[ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE]
TENANT ACKNOWLEDGEMENT
STATE OF )
ss:
COUNTY OF )
On the day of in the year 20_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
CORPORATE ACKNOWLEDGEMENT
STATE OF ILLINOIS )
ss:
COUNTY OF DUPAGE )
I CERTIFY that on 20Z� Gopal G. Lalmalani [name
of representative]personally came before me and acknowledged under oath that he or she:
(a) is the Village President [title] of the Village of Oak Brook
[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.
tary Public: A. 1JAAj
My Commission Expires: It I /
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 1
Exhibit I to the Memorandum of Lease dated 20_, by and between The
Village of Oak Brook, an Illinois municipal corporation, as Landlord, and [Name of Tenant], as
Tenant.
The Premises are described and/or depicted as follows:
4821-9912-6348,v. 1