S-1576 - 08/13/2019 - AGREEMENT - Ordinances Supporting DocumentsBOT AGENDA
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BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 13, 2019
SUBJECT: T-Mobile USA Ground Lease Agreement
FROM: Jim Fox, Information Technology Director and
Doug Patchin, Public Works Director
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2019-
TELECOM-TWR-AG-1576 to approve a Land Lease Agreement with T-Mobile USA to install
cellular communication equipment at Village’s East Water Tower located at 2011 Windsor Dr.
Background/History:
T-Mobile has approached the Village requesting that the Village consider allowing T-Mobile to
add their cellular communication equipment to the Windsor Drive water tower and to lease
ground space adjacent to the tower. T-Mobile is also proposing completing leasehold
improvements to the existing well house to support their ground based cellular communication
equipment. The water tower presently does not support cellular communication equipment from
any other carriers.
The proposed T-Mobile agreement has an initial term of five (5) years that shall automatically be
extended for four (4) additional five (5) year terms unless T-Mobile terminates the lease by
giving the Village written notice sixty (60) days prior to the end of the then current term. T-
Mobile will pay to the Village an initial monthly lease payment of $2,000 per month. Annually,
the rent shall increase on each anniversary of the Commencement Date by 3% over the rent of
the previous year.
Additionally, the proposed agreement includes T-Mobile completing leasehold improvements to
the existing well house at their expense. Plans include for the construction of a building addition
ITEM 6.E.4
BOT AGENDA Page 2
to the existing structure to house T-Mobile ground based cellular communication equipment
along with an additional area for a possible future cellular communication carrier. The existing
shelter will have the face brick and roof removed and replaced. Both the face brick and roofing
materials will be similar to the materials that were used to construct the cellular communication
shelters at both the Butler Government Center and the West Water Tower locations.
The proposed project has been reviewed by the Village’s water tower structural engineers and by
Village Development Services and Public Works Staff. The Village Attorney’s Office has also
reviewed and approved the proposed lease agreement.
Recommendation:
We recommend that the Village Board approve Ordinance 2019-TELECOM-TWR-AG-1576 to
approve a Land Lease Agreement with T-Mobile USA to install cellular communication
equipment at Village’s East Water Tower located at 2011 Windsor Dr.
ORDINANCE 2019-TELECOM-TWR-AG-1576
VILLAGE OF OAK BROOK
DUPAGE COUNTY, ILLINOIS
AN ORDINANCE APPROVING A
GROUND LEASE FOR COMMUNICATION PURPOSES
BETWEEN THE VILLAGE OF OAK BROOK AND
T-MOBILE CENTRAL, LLC
WHEREAS, the Village of Oak Brook (the “Village”) is an Illinois municipal
corporation;
WHEREAS, T-Mobile Central, LLC, a Delaware limited liability company, d/b/a T-
Mobile (the "Tenant"), is a corporate entity with a principal place of business at 12920 South
East 38th Street, Bellevue, Washington 98006
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;
WHEREAS, the Village has negotiated with the Tenant a certain lease (the “Lease”) for
the use of its water tower and defined property in and around the base of the water tower, on
property commonly known as 2011 Windsor Dr, Oak Brook, DuPage County, Illinois (the
“Property”) for the construction, operation and maintenance of Tenant’s telecommunications
facilities and appurtenant improvements;
WHEREAS, the Corporate Authorities find that the Lease does not provide authority for
Tenant to erect any permanent building on the Property which shall be considered a fixture
thereon;
WHEREAS, the Corporate Authorities have reviewed the Lease and find that granting
the Lease 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 Mayor and Board of Trustees of the
Village of Oak Brook, DuPage County, Illinois, in exercise of its home rule authority, as follows:
1. Recitals. The Village 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 Village 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 Lease is attached hereto as Exhibit A and incorporated as
though fully set forth herein. The principal terms of the lease are as follows:
Initial Term: Five (5) years
No. of Renewal Terms:
(4) additional automatic
five (5) year renewal terms.
Initial Rent: $2,000
Area of Leased Premises: 312.5 sq. ft.
3. Approval. The Village President and Board of Trustees hereby exercise the
power and authority described in Section 11-75-1 to approve the Lease and direct and authorize
the Village President and Clerk to sign and attest such Lease 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 ____th Day of __________________, 2019
Gopal G. Lalmalani
Village President
PASSED THIS ______th Day of ____________________, 2019
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
EXHIBIT A
GROUND LEASE FOR COMMUNICATION PURPOSES
WITH [TENANT TRADE NAME]
4839-3234-7473, v. 1
REVIEW OF CONTRACttS
Awarding Agency:
T‐Mobile
Department:
Administration
Awarded Contract Prlce:
NノA
CONTRACT AMOUNT
□ Under$20′000
1Ell 串20′000‐$500′000
NOTES
Type of Contract:
Lease
Prog ram/Account Num ber :
N/A
Budgeted Amount:
N/A
I gsoo,ool - gl,ooo,ooo
[l over $1,0oo,ooo
New tenant for the Village Water Tower Located at2011 Windsor Dr.
T-mobile is proposing adding their cellular communication equipment to the stem of the
water tower and will be making leasehold improvements to the existing well house
structure.
Date:
Date:
FINAL REVIEW AS TO FoRM
Date:
ATTORNEY SIGNATURE
Nami``i:フ λジ Date:
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