HomeMy WebLinkAboutOrdinances - ORD-11-1564 - 11/07/2011 - SECOND AMDMT OPTION LEASE AGMT NEW CINGULARORDINANCE NO.ORD-I 1-1564
AN ORDINANCE AUTHORIZING EXECUTION
OF A SECOND AMENDMENT TO AN OPTION AND STRUCTURE LEASE
AGREEMENT BETWEENTHE CITY OF MCHENRY AND NEW CINGULAR
WIRELESS LLC FOR A PORTION OF PROPERTY LOCATED AT 4225 SIOUX LANE,
IN THE CITY OF MCHENRY, MCHENRV COUNTY, ILLINOIS
WHEREAS, the City of N/IcHenry hereinafter -City", McHenry County., Illinois, is a
home rule municipality as contemplated under Article VIL Section 6, of the Constitution of the
State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, the City of McHenry is the owner and lessor and New Cingular Wireless
LLC is the tenant and lessee of property located at 4225 Sioux Lane legally described on
attached Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MCHENRY. MCHENRY COUNTY. ILLINOIS AS FOLLOWS:
SECTION 1: The Second Amendment to Option and Structure Lease Agreement,
bearing the date of November 7, 2011, between the City of McHenry, an Illinois municipal
corporation, ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability
company ("Tenant") be and the same is hereby approved. A complete and accurate copy of said
agreement is attached to this ordinance and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures
as Mayor and City Clerk to said lease agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet fiorm by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED AN D APPROVED TH IS 7 1 H DAY OF NOVEMBER, 2011
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon-_
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Susan E. Low
Mayor
ATTEST:
/�A�L C.Q- C - &nje
Janic9/C. 3�ves
Cit� t��) C
Market: Central-IL/Wi
Cell Site Number:
IL0831
Cell Site Name.
Downtown McHenry
Fi.ed Asset Number
10127947
SECOND AMENDMENT TO
OPTION AND STRUCTURE LEASE AGREEMENT
THIS SECOND AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT ("Second
Amendment"), is made effective as of November 1, 2011 by and between the City of McHenry,
an Illinois municipal corporation, having a mailing address of 333 South Green Street, McHenry,
Illinois 60050 ("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
("Tenant").
WHEREAS, Landlord and Tenant entered into an Option And Structure Lease Agreement dated
August 26, 2008 and First Amendment thereto dated May 18, 2009 (collectively "Agreement")
whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of
the property located at 4225 Sioux Lane, McHenry, Illinois 60050 ("Property"); and
WHEREAS, Landlord and Tenant desire to amend the Agreement to increase the size of the
Premises; and
WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications
to the Agreement contained herein; 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 for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. Lease of Premises. Landlord agrees to increase the size of the Premises leased to Tenant in
order to accommodate Tenant's expansion needs. As specified below, Landlord leases to
Tenant the Premises as more completely described on the attached Exhibit 1-A, which
supplements Exhibit I to the Agreement:
A. Landlord hereby leases to Tenant, and the defined term "Premises" hereafter includes,
approximately sixty-three (63) additional square feet of ground space on the Property
("2010 Expansion").
B. Effective as of the start of construction for installation of Tenant's generator, Landlord
leases to Tenant, and the defined term "Premises" thereafter includes, approximately fifty-
nine (59) additional square feet of ground space on the Property ("Generator Expansion").
1
Market: Central-IL/Wl
Cell Site Number:
IL0831
Cell Site Name
Downtown McHenry
Fixed Asset Number
10127947
2. Rent.
A. Back Rent. In consideration of Tenant's 2010 Expansion, Tenant shall pay a lump sum
amount of back Rent to Landlord for the period December 1, 2010 through October 31,
2011 in the amount of Six Thousand Two Hundred Thirty -One and 17/100 Dollars
($6,231.17), payable within thirty (30) days of execution of this Second Amendment.
B. 2010 Expansion. In consideration of Tenant's 2010 Expansion, Rent shall be increased
to a total of Two Thousand Three Hundred Seventy and 00/100 Dollars ($2,370.00) per
month commencing on November 1, 2011, subject to further adjustments as provided in
the Agreement.
C. Generator Expansion. Commencing on the first day of the month following the date
that Tenant commences construction for installation of its generator, Rent shall be further
increased to a total of Two Thousand Nine Hundred and 50/100 Dollars ($2,900.50) per
month, subject to further adjustments as provided in the Agreement.
If Tenant vacates any part of the Additional Premises specified in this Second Amendment, then
upon thirty (30) days' prior written notice to Landlord Rent shall decrease in conjunction
therewith by a proportional amount according to what is then charged, subject to further
adjustments as provided in the Agreement. Any part of the Additional Premises so vacated will
be restored by Tenant within one hundred twenty (120) days of notice thereof and as
otherwise required by Section 13 of the Agreement.
3. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written
notice from the other, execute, acknowledge and deliver to the other a recordable
memorandum of lease substantially in the form of Attachment 1 hereto. Either party may
record such memorandum at anytime, in its absolute discretion.
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Second Amendment, the terms of this Second Amendment shall control.
Except as expressly set forth in this Second Amendment, the Agreement otherwise is
unmodified and remains in full force and effect. Each reference in the Agreement to itself shall
be deemed also to refer to this Second Amendment.
5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute this Second Amendment as follows:
(signature page follows)
PA
Market Central-IL/Wi
CeJ1 Site Number: J10833
Cell Site Name Downtown McHenry
Fixed Asset Numbe, 10127947
LANDLORD
City of McHenry
By:
Name: Z�USAAJ LOC.-)
Title: tv� A \/ C)
Date: / 1�-- 10/ - )-0 N
STATE OF -,rL-L-4 AJ 0 IS
) SS:
COUNTY OF l"J 9:�4-
1, the undersigned, a Notary Public in and for
the State of Wisconsin, hereby certify that
Low
ol )4 V C) 0— of
the City of McHenry, known to me to be the
same person who signed the foregoing
agreement, personally appeared before me this
day and acknowledged that, pursuant to his
authority, he signed said agreement as his free
and voluntary act of said entity, for the uses and
purposes therein stated.
Witness my hand and official seal the 101-t-6
day of DJ2--Q-e-,knbZ r 2011.
NNIF "Pow 2 =01
[king P.11WAU116111
'OFFICIAL SEAL"
KATHLEEN M KUNZFR
tale :
Notary Public. State of Illinois
My Commission Expires 04/29120]12
TENANT
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation
its: Manager /�', 14
By: :�Ize�--- -i
164 <;7-M�CW
Name:
Title:
Date: tl )-Olt
STATE OF ILLINOIS
SS:
COUNTY OF COOK
1, the undersigned, a Notary Public in Qd fCg1X-*,0cj4�
the State of Illinois, hereby certify hat M-9.
Reet, Construction and Real Estate 41a;-r1VwI of
AT&T Mobility Corporation, Manager of New
Cingular Wireless PCS, LLC, known to me to be
the same person who signed the foregoing
agreement, personally appeared before me this
day and acknowledged that, pursuant to his
authority, he signed said agreement as his free
and voluntary act of said entity, for the uses and
purposes therein stated.
Witne, my hand a d official seal the AS -
day 0 t)�j 2011.
I I ILA 11� I In ri MA A
o - N �'ry P u D1()
ta
OFFICIAL SM
KWERLY A COLE"
NOTARY pUeuC - STATE OF LUNOIS
W C OWSSION EvIRE&DISM5
91
arket Central-iL/Wl
Cell Site Number
IL0831
Cell Site Name:
Downtown McHenry
Fixed Asset Number:
10127947
hop
EXHIBIT I -A
CD
1A
-a im rvi
Notes
I THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT.
2. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS
AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
Market. Central-IL/Wi
Cell Site Number:
IL0831
Cell Site Name:
Downtown McHenry
Fixed Asset Number.
10127947
ATTACHMENT I
MEMORANDUM OF LEASE
Prei3ared by and return to:
Lisa Castello
AT&T Mobility
930 National Pkwy, 4th Fl.
Schaumburg, IL 60173
MEMORANDUM OF LEASE
This Memorandum of Lease is entered into on November 1, 2011, by and between the City of
McHenry, an Illinois municipal corporation, having a mailing address of 333 South Green Street,
McHenry, Illinois 60050 ("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 ("Tenant").
1. Landlord and Tenant entered into a certain Option And Structure Lease Agreement
dated August 26, 2008, First Amendment thereto dated May 18, 2009, and Second Amendment
thereto dated November 1, 2011 (collectively "Agreement") for the purpose of installing,
operating and maintaining a communications facility and other improvements as set forth
therein.
2. The initial lease term will be five (5) years ("Initial Term") commencing on the Effective
Date of the Agreement, with four (4) successive, automatic five (5) year renewals.
3. The portion of the Property being leased to Tenant ("Premises") is described in part in
Exhibit I annexed hereto.
4. All capitalized terms used but not defined herein shall have the same meanings as
defined in the Agreement.
5. This Memorandum of Lease is not intended to amend or modify, and shall not be
deemed or construed as amending or modifying, any of the terms, conditions or provisions of
the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Agreement, the
provisions of the Agreement shall control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
(signature page follows)
Page 1 of 3
Market: Central-IL/Wl
Cell Site Number: IL0831
Cell Site Name Downtown McHenry
Fixed Asset Number: 10127947
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and
year first above written.
LANDLORD
City of McHenry
By: e '��
Name: A & E Lo k/i
Title: MIA\/O(L
Date: I'A 101. -)L� U
STATEOF
SS:
COUNTY OF AAC fq fVj
1, the undersigned, a Notary Public !in and for
the State of Wisconsin, hereby Certify that
A It-) 6. 1
M)4yc 12- of
the City of McHenry, known to me to be the
same person who signed the foregoing
agreement, personally appeared before me this
day and acknowledged that, pursuant to his
authority, he signed said agreement as his free
and voluntary act of said entity, for the uses and
purposes therein stated.
Witness my hand and official seal the I Q-111)
dayof [)e(Ce-rnhJ�r 2011.
rAk
Bill
TENANT
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporatio
Its: Manager 77
By:
Name: Seettn �-t 4Z 5�7-1&jvet4
Title:
Date: /.) - tt--All
STATE OF ILLINOIS
SS:
COUNTY OF COOK
1, the undersigned, a Notary Public in -and fqL
( Aakk-
the State of Illinois, hereby ce VN I
Rtyet, Construction and Real Estate 0
AT&T Mobility Corporation, Manager of New
Cingular Wireless PCS, LLC, known to me to be
the same person who signed the foregoing
agreement, personally appeared before me this
day and acknowledged that, pursuant to his
authority, he signed said agreement as his free
and voluntary act of said entity, for the uses and
purposes therein stated.
Witness my hand and official Seal the V��
day of braw e3c-L-- � 2011.
Notary Public
LNMOTAR.�.
ZLR
Yj
OFI.,ICIAL SEAL99 OFFICIAL WA
XAT14LEJ-�N 7MrUNZER KJMBERLY A COLEMAN
Notary Public. State of Illinois NOTARY PUBUC - STATE OF LUNOIS
2012
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Page 2 of 3
Market Central-IL/Wi
Cell Site Number
IL0831
Cell Site Name
Downtown McHenry
Fixed Asset Number:
10127947
EXHIBIT I
DESCRIPTION OF PREMISES
Description of Premises to the Memorandum of Lease dated November 1.20_11, by and
between the City of McHenry, an Illinois municipal corporation, as Landlord, and New Cingular
Wireless PCS LLC, a Delaware limited liability company, as Tenant, with regard to the Property
known as:
Common address: 4225 Sioux Lane, McHenry, IL 60050
PIN: 09-34-279-001, 002, 003, & 004
Legal description: The North 41.0 feet of Lot 45, and all of Lots 46, 47 and
48 in Cooney Heights Third Addition to McHenry, a Sub-
division of part of the Northeast Quarter of Section .34,
Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded May 10,
1955 as Document No. 292379 in Book 12 of Plats, page
23, in McHenry County, Illinois.
The Premises include, but are not limited to, the Equipment Space, which is described as
follows:
A portion of the Property consisting of:
(i) approximately 200 square feet (10' x 20') of ground space forthe placement of
Tenant's radio cabinets, plus the airspace above such spaces;
(i i) space for any structural steel or other improvements to support Tenant's
equipment;
(iii) an additional approximately 63 square feet of ground space for the placement of
Tenant's radio cabinets, plus the airspace above such spaces; and
(iv) an additional approximately 59 square feet of ground space for the placement of
Tenant's generator, plus the airspace above such space.
Page 3 of 3