S-1515 - 11/14/2017 - ADMINISTRATION - Ordinances ORDINANCE 2017-TELECOM-TWR-S-1515
AN ORDINANCE APPROVING AN AMENDMENT TO A
GROUND LEASE FOR COMMUNICATION PURPOSES
BETWEEN THE VILLAGE OF OAK BROOK AND
NEW CINGULAR WIRELESS PCS, LLC
WHEREAS, the Village of Oak Brook (the "Village") is an Illinois municipal corporation and;
WHEREAS, New Cingular Wireless PCS, LLC, commonly known as A T & T (the "Tenant"), is a
corporate entity with a principal place of business at 208 South Akard Street, Dallas, Texas 75202; 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"); and
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, 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.
Ordinance 2017-TELECOM-TWR-S-1515
Amendment to Ground Lease
With Sprint
Page 2 of 3
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 Lease are as follows:
Initial Term: 5 years (Jan. 2011)
No. of Renewal Terms: 4 x 5 year terms
Initial Rent: $2,500
Area of Leased Premises: 100 sq. ft.
3. Approval. Subject to the condition precedent that the Village first approves the lease
amendment with the tenant 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 amendment with Sprint is 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
ATTEST:
i f Charlotte K. Pruss
Village Clerk
Ordinance 2017-TE LECOM-TWR-S-1 515
Amendment to Ground Lease
With Sprint
Page 3 of 3
EXHIBIT A
AMENDMENT TO GROUND LEASE FOR COMMUNICATION PURPOSES
WITH NEW CINGULAR WIRELESS PCS, LLC