S-1516 - 11/14/2017 - ADMINISTRATION - Ordinances ORDINANCE 2017-TELECOM-TWR-S-1516
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; 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: 5 x 5 terms
Initial Rent: $2,500
Area of Leased Premises: 220 sq. ft.
Ordinance-2017-TELECOM-TW R-S-1516
Approving Ground Lease for Communication Purposes
With T-Mobile
Page 2 of 3
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
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 14th Day of November, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 14th Day of November, 2017
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: No„P
, r ATTEST: ,-
a -, x � t
. � � -- �j� Charlotte K. Pruss
r �� Village Clerk
Ordinance-2017-TELECOM-TW R-S-1516
Approving Ground Lease for Communication Purposes
With T-Mobile
Page 3 of 3
EXHIBIT A
GROUND LEASE FOR COMMUNICATION PURPOSES
WITH T-MOBILE CENTRAL, LLC