HomeMy WebLinkAboutOrdinances - ORD-09-1458 - 03/16/2009 - AUTHORIZE FIRST AMENDMENT TO OPTION & STRUCTURE LEORDINANCE NO. ORD-oq-1458
AN ORDINANCE AUTHORIZING THE FIRST .AMENDMENT TO OPTION AND
STRUCTURE LEASE AGREEMENT WITH NEW' CINGULAR WIRELESS PCS
WHEREAS, the City of McHenry (Property Owner) and New Cingular Wireless PCS,
LLC (Tenant), a. Delaware limited liability company, having a mailing address of 12555
Cingular Way, Suite 1300, Alpharetta, GA 3004 entered into and Option and Structure Lease
Agreement dated August 26, 2008, for the City of McHenry property located at 4225 Sioux lane,
McHenry Illinois:, and
WHEREAS, both the Property Owner and the Tenant agree that the terms of the
Agreement shall be amended by approving the First Amendment to the Option and Structure
Lease Agreement hereby attached as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE
CITY OF MCHENRY, MCHENRY COUNTY, as follows:
SECTION 1: That the First Amendment to the Option and Structure Lease Agreement
between the City of McHenry and New Cingular Wireless, PCS, LLC dated August 26, 2008 be
and is hereby authorized..
SECTION 2: All ordinances or parts thereof in conflict are hereby repealed to the extend
of such conflict.
SECTION 3: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 4: This ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form as provided by law.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Abstaining: NONE
Absent: NONE
Passed and approved this 16TH day of _MARCH , 2009.
APPROVED:------'�--
Mayor
ATTEST:
Clt � -- r �-
----
1
Cell Site No.: IL083 l
Cell Site Name: Dovmtown McHenry
Fixed Asset No. 101:27947
Market: IL/WI
Site Address: 4225 Sioux Lane, McHenry,1160050
FIRST AMENDMENT TO
OPTION AND STRUCTURE LEASE AGREEMENT
THIS FIRST AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT
("Amendment"), dated as of the latter of the signature dates below, is by and between City of
McHenry, an Illinois municipal corporation, having a mailing address of 333 South Green Street,
McHenry, Illinois 60050 (hereinafter referred to as "Landlord") and New Cingular Wireless
PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular
Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into an Option and Structure Lease Agreement
dated August 26, 2008, whereby Landlord leased to Tenant certain Premises, therein described,
that are a portion of the Property located at 4225 Sioux Lane, McHenry, Illinois 60050
("Agreement"); and
WHEREAS, Tenant desires to commence construction at the Premises; and
WHEREAS, Landlord desires that Tenant provide a surety bond to ensure that the
Premises are restored to the original condition; and
WHEREAS, Landlord and Tenant, in their mutual interest, 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 as follows:
1. The following is hereby added to Section 4, Rent, of the Agreement:
"(d) Prior to the commencement of construction of the Communication Facility, Tenant
shall furnish to Landlord a corporate surety bond or such other acceptable surety issued by a surety
company licensed to transact business in the State of Illinois, in a sum not less than Twenty -Five
Thousand and No/100 Dollars ($25,000.00) for the removal of the Communication Facility upon
the termination of the Agreement, as required by Section 13, Removal/Restoration, of the
Agreement.. Such bond shall guarantee prompt and faithful performance of such removal and shall
protect and indemnify the Landlord from any liability, losses or damages arising therefrom. Within
thirty (30) days of the receipt of the surety bond, Landlord shall allow Tenant to commence
construction of the Communication Facility."
8-10-07
IL0831/Dow town McHenry/FAd10129747
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last
date written below.
WITNESSES:
Print Name: a /)
Print Name:
"LANDLORD"
City of McHenry,
an Illinois municipal corporat.on
Print Name: 'wWSAN
Its: 61 A V0
Date: 4 - 3 `0 - D
"TENANT"
New Cingular Wireless PCS, LLC,
By: AT&T Mobility Corporation
Its: Manager
Name: Warren Salek
Title: _Executive Director -Network
Date: S'— IF —09
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
3
8-10-07
(L0831/Downtown McHenry/FA010129747
TENANT ACKNOWLEDGMENT
STATE OF
ss:
COUNTY OF
200 before me personally appeared Warren Salek and
On the I � day of �, q p y pp ,
acknowledged under oath that he is the Executive Director -Network of AT&T Mobility Corporation, the
Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, the limited liability
company named in the attached instrument, and as such was authorized to execute this instrument on
behalf of the limited liability company.
Z5�- Awl
Notary Public: Debra A. lkiai+
My Commission Expires:
LANDLORD ACKNOWLEDGMENT
CORPORATE ACKNOWLEDGMENT
STATE OF /nit A4=':g )
/ ) ss:
COUNTY OF'C l
I CERTIFY that on e° 200� � , F _" tA)
[name of representative] personally came before me and acknowledged under oath th t he or she:
(a) is the /1k A--YD L [title] of _ [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.
-
10 . SFAL"
1 i 1+ 1 1 % \1 KI'NZER
Illinois
My column : 29/2012
M
NotaryPublic:
My Commission Expires:
8-10-07
[L0831/Downtown McHenry/FA410129747