S-1512 - 10/24/2017 - ADMINISTRATION - Ordinances Supporting Documents ITEM 7.D.4)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK BR , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 24, 2017
SUBJECT: Verizon Wireless Monopole Tower Construction and Ground Lease
Agreement
FROM: Jim Fox, Information Technology Director
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2017-
TELECOM-TWR-S-1512 to approve a Lease with Verizon Wireless for a ground lease and to
construct a new 120 foot monopole communication tower at 1200 Oak Brook Road.
Background/History:
On September 12, 2006, the Village Board approved Resolution 2006-TELECOM-TW-R-EX1-
R-950 to allow Nextel Corporation to build an 80 foot monopole communication tower at 1200
Oak Brook Rd on the grounds of the Butler Government Center to replace an existing 80 lattice
tower for wireless telephone communication and to support the Villages public safety radio
equipment antennas. Following the construction of the tower, on November 9, 2010 the Village
Board approved a ground lease with Cingular Wireless (AT&T Mobility) for a ground lease and
to construct a 15 foot extension to the tower to support additional celluar communication
equipment. This extension brought the total tower to the current height of 95 feet.
In September 2014,the Village was approached by Verizon Wireless to consider the possibility
of adding an additional 15' extension to the existing tower to support Verizon's cellular
telephone equipment. After a structural engineering review of the current tower a determination
was made that it was more cost effective to build a new tower in lieu of continuing to add to the
existing tower. Verizon has agreed to construct the new tower that will provide the capability to
support total of(4) celluar telephone carriers, to move all Village Public Safety antennas from
the current tower to the new proposed tower, and to remove the existing tower.
In order to construct a new tower at 1200 Oak Brook Rd, an amendment to the special use for the
property was required. The Plan Commission at its meeting on February 13, 2017, reviewed the
proposed amendment to the special use to allow for the construction of a new 120 foot tower and
BOT AGENDA page 1 �G
recommended approval of the proposed special use amendment. The Zoning Board of Appeals
at its meeting on March 7, 2017 conducted the required public hearing and found that the Village
had addressed and satisfied the requirements with respect to the proposed special use. On April
11, 2017 the Village Board of Trustees approved an amendment to special use for the Village
property at 1200 Oak Brook Rd with Ordinance 2017-ZO-SU-S-1492 to allow for the
construction of a new wireless communication tower to a height of 120 feet to be located
approximately 25 feet north of the existing tower along with an equipment shelter.
Following these approvals, Village staff began working with the current cellular telephone tenant
carriers-- Sprint and AT&T Mobility--to amend their leases to migrate their cellular
communication equipment to the new tower. At the same time,Village staff began working on
ground lease agreements with Verizon and T-Mobile to add their cellular communication
equipment to the new tower.
The proposed Verizon agreement has an initial term of five(5) years that shall automatically be
extended for four(4)additional five (5)year terms unless Verizon terminates the lease by giving
the Village written notice six(6)months prior to the end of the then current term. Verizon will
pay to the Village a monthly lease payment of$2,000 per month. The annual rental shall
increase on each anniversary of the Commencement Date by an amount equal to three percent
(3%)of the total annual rent for the previous lease year.
Staff is recommending that the new tower be designed to support four(4)cellular telephone
carriers on a single tower in addition to the Village's public safety radio antennas. At this time
only the Verizon agreement is ready for Village Board action. Village staff is confident that in
the near future we will be able to present the Sprint and AT&T Mobility lease amendments to the
Village Board for approval. In addition, a new ground lease agreement with T-Mobile is in the
final legal review process and is expected to be brought to the Village Board at the next meeting
on November 14, 2017 for approval. In an effort to avoid having two (2) monopole towers at
1200 Oak Brook Rd for an extended period of time,this ordinance contains a clause that if the
lease amendments with the current tenants --AT&T and Sprint-- are not approved within 90
days from the date of this Ordinance it shall become null and void.
Recommendation:
I move that the Village Board approve Ordinance 2017-TELECOM-TWR-S-1512 to approve a
Lease with Verizon Wireless for a ground lease and to construct a new 120 foot monopole
communication tower at 1200 Oak Brook Road.
BOT AGENDA Page 2
ORDINANCE 2017-TELECOM-TWR-S-1512
AN ORDINANCE APPROVING A
GROUND LEASE FOR COMMUNICATION PURPOSES
BETWEEN THE VILLAGE OF OAK BROOK AND VERIZON WIRELESS
WHEREAS, the Village of Oak Brook (the"Village") is an Illinois municipal corporation;
WHEREAS, Verizon Wireless d/b/a Verizon (the "Tenant"), is a corporate entity with a principal
place of business at 140 West Street, New York, New York 10007; 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 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 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; and
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 President 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 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 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: 5 years
No. of Renewal Terms: 4 x 5 year terms
Initial Rent: $2,000
Area of Leased Premises: 547.5 sq. ft.
3. Approval. Subject to the condition precedent that the Village first approves both lease
amendments with the tenants commonly known as AT&T and Sprint to provide for the relocation of such
Ordinance-2017-TELECOM-TWR-S-1514
Approving Ground Lease for Communication Purposes
With Verizon
Page 2 of 3
tenants' facilities to the replacement monopole, the 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 Manager and Clerk to sign and attest such Lease in the manner required by law. If the lease
amendments with AT&T and Sprint are not approved within 90 days from the date of this Ordinance it
shall become null and void.
4. This Ordinance shall become effective immediately upon passage and approval in the
manner provided by law.
APPROVED THIS 24th Day of October, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 24th Day of October, 2017
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance-2017-TELECOM-TWR-S-1514
Approving Ground Lease for Communication Purposes
With Verizon
Page 3 of 3
EXHIBIT A
GROUND LEASE FOR COMMUNICATION PURPOSES
WITH VERIZON
REVIEW OF CONTRACTS
Awarding Agency: Type of Contract:
Verizon Wireless tease
Department: Program/Account Number:
Administration NIA
Awarded Contract Price: Budgeted Amount:
N/A N/A
CONTRACT AMOUNT
® Under $20,000 ® $500,001 - $1,000,000
0 $20,000 - $500,000 (® Over $1,000,000
NOTES
New Cellular Tower Project
DEPARTMENT DIRECTOR SIGNATURE
Name-, Date: /0. if Zo l�-
INITIAL REVI ING ATTORNEY SIGNATURE
Name: , _ Date:
APPROVED BY VILLAG9 MANAGER
Name: Date: 1b,1%P''117
FINAL REVIEW A TO FORM ATTORNEY SIGNATURE
Name: .-� Date: J o
i
Q Three (3) Originals signed by other party Date/Initials
Q Original provided to staff member for other party Date/Initials
Q Original provided to Official Files Date/Initials
village of Oat:Brook I Approved by Board of Trustees- Date/initfa#s.____
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