HomeMy WebLinkAbout05-243 •
Resolution No.05-243
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH SPRINTCOM, INC.
(Temporary Cell Tower on Riverside Drive Parking Deck)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager, and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an agreement with SprintCom,Inc. on behalf of the City of Elgin for temporary
cell tower on the Riverside Drive Parking Deck, a copy of which is attached hereto and made a part
hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 27, 2005
Adopted: July 27, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
April2004
SITE AGREEMENT
Site Name: RSC Accnr Flgin Relocation Sprint Site ID#: ('H50XC501
•
1. Premises and Use. Owner leases to SprintCom, Inc., a Kansas desires to add,additional equipment to the Site. Likewise, Owner will not
Corporation ("Sprint"), the site described below [Check all appropriate permit or suffer the installation of any equipment after the Lease
boxes]: Commencement Date that:(a)results in technical interference problems with
Et Land consisting of approximately_400 square feet upon which the Facilities,or(b)encroaches onto the Site.
Sprint will construct its: 10. Utilities. Sprint will pay for all utilities used by it at the Site. Owner will
Et base station equipment and El antenna support structure; grant any temporary easement(s)or other temporary instrument(s)reasonably
❑Building interior space consisting of approximately square feet required by Sprint or the utility company in order to provide utility service
for placement of base station equipment; required by Sprint for its intended use of the Site through the Term. If there is
❑Building exterior space consisting of approximately square feet for a temporary loss of electrical service at the Site,Sprint may,at its expense,
placement of base station equipment; install and maintain a temporary generator and fuel storage tank at the Site
❑Building exterior space for attachment of antennas; during such period of temporary electrical outage.
❑Tower space between the foot and foot level on the tower for 11. Termination. Notwithstanding any provision contained in this
attachment of antennas; Agreement, Sprint may, in Sprint's sole and absolute discretion and at any
as well as space required for cable runs to connect its equipment and antennas time and for any or no reason,terminate this Agreement by delivering prior
in the location(s)shown on Exhibit A attached,together with non-exclusive written notice to Owner.
easements for vehicular and pedestrian access thereto, for placement of an 12. Default. If either party is in default under this Agreement for a period of
underground grounding system, and for access to the appropriate source of 30 days following receipt of written notice from the non-defaulting party,the
electric and telephone facilities,in the discretion of Sprint(the"Site"). The non-defaulting party may pursue any remedies available to it against the
Site will be used by Sprint for the purpose of installing,removing,replacing, defaulting party at law and in equity,including,but not limited to,the right to
modifying,maintaining and operating,at its expense, communications service terminate this Agreement. If a non-monetary default cannot reasonably be
facilities,including,without limitation, antenna and base station equipment, cured within a 30-day period, this Agreement may not be terminated if the
cable,wiring,back-up power sources(including generators and fuel storage defaulting party commences action to cure the default within the 30-day
tanks), related fixtures and, if applicable to the Site, an antenna support period and proceeds with due diligence to fully cure the default.
structure(the"Facilities"). Sprint will use the Site in a manner which will not 13. Indemnity. Subject to Section 17 hereof, Owner and Sprint each
unreasonably disturb the occupancy of Owner's other tenants,if any. Sprint
will have unrestricted access to the Site and the Facilities 24 hours per day,7 indemnifies and agrees to defend the other against and holds the other
days per week. harmless from any and all costs (including reasonable attorneys' fees)and
claims of liability or loss which arise out of the ownership,use and occupancy
2. Term. The term of this Agreement(the"Term")is either 3 years,or 60 of the Site by the indemnifying party. This indemnity does not apply to any
days after issuance of a certificate of occupancy to the building to be claims arising from the negligence or intentional misconduct of the
redeveloped at 38 S. Grove St. Elgin, IL 60120, whichever occurs sooner. indemnified party. The indemnity obligations under this Section will survive
This agreement shall commence on the first day of the month following the termination of this Agreement.
date that both Owner and Sprint have executed this Agreement ("Lease
Commencement Date"). 14. Hazardous Substances. Owner represents and warrants to Sprint that it
has no knowledge of any substance, chemical or waste on the Site that is
3. Rent. Sprint will pay$0.00. identified as hazardous,toxic or dangerous(collectively,"Substance")in any
4. Title and Quiet Possession. Owner represents and warrants to Sprint and applicable federal,state or local law or regulation. Sprint will not introduce or
further agrees that: (a)it is the owner of the property of which the Site is a use any Substance on the Site in violation of any applicable law. Owner will
part;(b) it has the right to enter into this Agreement;(c) the person signing have sole responsibility for the identification, investigation,monitoring and
this Agreement has the authority to sign;(d) Sprint is entitled to access the remediation and cleanup of any Substance discovered at the Site unless the
Site at all times and to the quiet possession of the Site throughout the Initial presence or release of the Substance is caused by the activities of Sprint.
Term and each Renewal Term so long as Sprint is not in default beyond the 15. Subordination and Non-Disturbance. This Agreement is subordinate to
expiration of any cure period; and (e) Owner will not have unsupervised any mortgage or deed of trust of record against the Site as of the Lease
access to the Site or to the Facilities. Commencement Date. Promptly after this Agreement is fully executed,
5. Assignment/Subletting. Sprint will have the right to sublease all or any however, Owner will obtain a non-disturbance agreement in a form
portion of the Site or assign its rights under this Agreement without notice to reasonably acceptable to Sprint from the holder of any mortgage or deed of
or consent of Owner. trust.
6. Notices. All notices must be in writing and are effective only when 16. Property Taxes. Sprint will pay Owner any increase in Owner's real
deposited in the U.S. mail, certified and postage prepaid or when sent via property taxes that is directly attributable solely to any improvements to the
ovemight delivery. Notices to Sprint are to be sent to: Sprint Contracts& Site made by Sprint. Owner must pay prior to delinquency,all property taxes
Performance,Mailstop KSOPHT0101-Z2650,6391 Sprint Parkway,Overland and assessments attributable to the property of Owner of which the Site is a
Park,Kansas 66251-2650,with a copy to: Sprint Law Department,Mailstop part. Within 60 days after receipt of evidence of Owner's payment, Sprint
KSOPHT0101-Z2020,6391 Sprint Parkway,Overland Park,Kansas 66251- will pay to Owner any increase in Owner's real property taxes which Owner
2020,Attn.: Sprint Real Estate Attorney. Notices to Owner must be sent to demonstrates, to Sprint's satisfaction, is solely attributable to any
the address shown underneath Owner's signature. improvements to the Site made by Sprint.
7. Improvements. Sprint may,at its expense,make improvements on the 17. Insurance. Sprint will procure and maintain commercial general liability
Site as it deems necessary or desirable from time to time for the operation of insurance,with limits of not less than$1,000,000 combined single limit per
the Facilities. Owner agrees to cooperate with Sprint with respect to obtaining occurrence for bodily injury and property damage liability,with a certificate
any required zoning or other governmental approvals for the Site and the of insurance to be furnished to Owner within 30 days after Sprint's receipt of a
Facilities. Upon termination or expiration of this Agreement,Sprint shall,at written request. Each party hereby waives its right of recovery against the
its expense,remove the Facilities. other for any loss or damage covered by any insurance policies maintained by
8. Compliance with Laws. Owner represents and warrants to Sprint that the waiving party. Each party will cause each insurance policy obtained by it
Owner's property(including the Site),and all improvements located thereon, to provide that the insurance company waives all rights of recovery by
are in substantial compliance with building, life/safety, disability and other subrogation against the other party in connection with any damage covered by
laws, codes and regulations of applicable governmental authorities. Sprint the policy.
will substantially comply with all applicable laws relating to its possession
and use of the Site.
9. Interference. Sprint will resolve technical interference problems with
other equipment located at the Site on the Lease Commencement Date or any
equipment that becomes attached to the Site at any future date when Sprint
Law Dept PC Docs 77251 v2 Owner Initials
Revised 4/1/04 Sprint Initials:
April 2004
Site Name: � A ctc. Ca)IA610 Sprint Site ID#: C 6X(Sot
18. Maintenance. Sprint will be responsible for repairing and maintaining The following Exhibits ale attached to and made a part of this
the Facilities and any other improvements installed by Sprint at the Site in a Agreement: Exhibits A,B and
proper operating and reasonably safe condition; provided, however, if any
repair or maintenance is required due to the acts or omissions of Owner,its
agents,contractors or employees,Owner will promptly reimburse Sprint for OWNER:
the reasonable costs incurred by Sprint to restore the damaged areas to the The City of Elgin,Illinois,
condition which existed immediately prior thereto. Owner will maintain and
repair all other portions of the property of which the Site is a part in a proper
operating and reasonably safe condition. By: 1 :
19. Miscellaneous. (a) This Agreement applies to and binds the heirs,
successors, executors, administrators and assigns of the parties to this Name: Olufem'`Fol rin
Agreement;(b)this Agreement is governed by the laws of the state in which Title: Ci■ IMPW
the Site is located;(c)Owner agrees to promptly execute and deliver to Sprint Date: a _ �r
a recordable Memorandum of Agreement in the form of Exhibit B,attached;
(d)this Agreement(including the Exhibits)constitutes the entire agreement Taxpayer ID:
between the parties and supersedes all prior written and verbal agreements, Address: 1 50 Hp mr t p r Court
representations, promises or understandings between the parties. Any Elgin IL 60120-5555
amendments to this Agreement must be in writing and executed by both
parties;(e)if any provision of this Agreement is invalid or unenforceable with
respect to any party,the remainder of this Agreement or the application of the Contact Phone Number:
provision to persons other than those as to whom it is held invalid or Email address:
unenforceable,will not be affected and each provision of this Agreement will ❑ See Addendum to Site Agreement for continuation of Owner
be valid and enforceable to the fullest extent permitted by law; (f) the signatures
prevailing party in any action or proceeding in court or mutually agreed upon
arbitration proceeding to enforce the terms of this Agreement is entitled to
receive its reasonable attorneys' fees and other reasonable enforcement costs SPRINT:
and expenses from the non-prevailing party; (g) upon the expiration or SprintCom,Inc.
termination of this Agreement,Sprint agrees to provide the Owner a release in
recordable form providing for a release of the Memorandum of Agreement
referred to in subparagraph(c)hereof;and(h)notwithstanding anything to the By:
contrary in this Agreement,Sprint and/or its successors and/or assigns shall Name:
not commence, bring, file or maintain any claim,action or suit against the Title: S •
City for monetary damages.
20. Non-Binding Until Fully Executed. This Agreement is for discussion
purposes only and does not constitute a formal offer by either party. This Sprint Contracts & Performance Hotline: 800-357-7641
Agreement is not and will not be binding on either party until and unless it is *Attest'
fully executed by both parties.
alt
Dolonna Mecum, City Clerk
Attach Exhibit A-Site Description
Attach Exhibit B-Memorandum of Agreement Form /e.e...471 C L
Law Dept PC Docs 77251 v2
Revised 4/1/04
• April2004
Site Name: Sprint Site ID#: C/466 .50/
EXHIBIT A
TO SITE AGREEMENT
Site Description v
Site located at '1. VQJ It C��
,situated in the City of C.� ,County of 4�cx �.V ,State of .Z1—
commonly described as follows:
Insert Legal Description:
See Exhibit A-1
Insert Site Plan:
See Exhibit A-2
Owner lnitialsrT
Sprint Initials:Tca4
Note:Owner and Sprint may,at Sprint's option,replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located or an
as-built drawing depicting the Site.
*[Use this Exhibit A for Site Agreement,Option Agreement,and Memorandum of Agreement.]
Law Dept PC Docs 77251 v2
Revised 4/1/04
Exhibit A-1
Property Description for Sprint CH03XC501
One Riversidete, Elgin Illinois
That part of Riverside described as follows: Commencing at the
northeast corner of the intersection of Riverside Avenue and Prairie Street,
thence northwesterly along the northeast line of Riverside Avenue 405.50 feet,
thence southwest perpendicular to said northeast line of Riverside Avenue 40.00
feet to the point of beginning. Thence continuing along the aforementioned
course, 20.00 feet, thence southeasterly parallel with the northeast line of said
Riverside Avenue, 20.00 feet, thence northeasterly perpendicular to the
northeast line of said Riverside Avenue 20.00 feet, thence northwesterly, parallel
with the northeast line of said Riverside Avenue 20.00 feet to the point of
beginning, containing 400.0 square feet more or less, all situated in the
Southeast quarter of section 14, township 41 north, range 8 east of the third
principal meridian, all in the City of Elgin, Kane County, Illinois.
PIN #06-14-432-003
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I� THESE DRAWINGS HAVE BEEN ..
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IL1 NEW SPRINT PPC EXISTING
1 CABINETS UGHT POLE TYP. •
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_ I NEW 60' MONOPOLE \j 1�-• IC-
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7 NEW SPRINT 60' (� ~, OKMONOPOLE ■ �. I C ECK=■Y• KM
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STEEL PLATFORM Q •• •
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▪ `•� LEASE EXHIBIT
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ELEVATION 2 LEASE EXHIBIT 01,
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April 2004
Site Name: Sprint Site ID#: .11,510kC.'5Of
EXHIBIT B
TO SITE AGREEMENT
Memorandum of Agreement
This Memorandum of Agreement("Memorandum")dated 11)1.t a`1 ,202jevidences that a lease was made and entered into by a written Site
Agreement(the"Agreement")dated 1.V\A ,20 cbetween The City of Elgin("Owner")and SprintCom,Inc.,a Kansas Corporation("Sprint").
The Agreement-- provides in part that Owner leases to Sprint certain real property owned by Owner and located at .L ti VtPSit� ,City of
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C r.36'•A , County of kc►ae , State of I11 i ucl" , together with non-exclusive
easements for reasonable access thereto,for placement of an underground grounding system,and for access to the appropriate source of electric and telephone facilities
(the"Site"). The Site is further described in Exhibit A attached hereto. The term of the Agreement is")is either Syears,or 60 days after issuance of a certificate of
occupancy to the building to be redeveloped at 38 S.Grove St.Elgin,IL 60120,whichever occurs sooner commencing on 3U t, d1 ,20
The parties have executed this Memorandum as of the day and year first above written.
OWNER SPRINT
City of Elgin, SprintCom,Inc.
a(n)
7i4er
By: By:
Name: qTh
Name: �`/� He r,k.S
Title: �\ L -k��:F Title: ,�i� U(Li�/ iot
Address: t 50 be e►� �saaj Address: C� �tL
bQ1D I OSe L
Contact Phone Number: Sprint Contracts & Performance Hotline: 800-357-7641
Email Address:
Attach Exhibit A-Site Description
Owner Initials:
Sprint Initials:
Law Dept PC Docs 77251 v2
Revised 4/1/04
• April 2004
Site Name: _• Sprint Site ID#.C//40 I(C 5o/
OWNER NOTARY BLOCK:
STATE OF I( 1 00 lS
COUNTY OF Kane,
The foregoing instrument was(choose one)❑attested or 13acknowledged before nip this 9 d of 20y
(choose one)❑ as an individual,Ig OLUr ,as m of
C4-74- OF EI&-/A jr ,�//rr/r)is If?U/9%U,1YJ corporation,on behalf of the corporation,or 0 ,
partner or agent on behalf of ,a partnership.
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(AFFIX;-OTARI i�•AL SEAL" % (OFFICIA NOT Y SIGNA'rit�
MARY GIFFORT i
NOTARY PUB I STATE•NO
Notary Public,State of Illinois
< My Commission Expires 6/13/08
i
1.1(10e y 1 r rofcr
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
STATE OF
COUNTY OF
The foregoing instrument was(choose one)['attested or['acknowledged before me this day of ,20 ,by
(choose one)❑ as an individual,0 ,as of
,a corporation,on behalf of the corporation,or 0 ,
partner or agent on behalf of ,a partnership.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
Law Dept PC Docs 77251 v2 c,,
Revised 4/1/04 �'+�l
•
. Apri 12004
•
• Site Name: Sprint Site ID#: CK3OXC SO/
SPRINT NOTARY BLOCK:
STATE OF aiI15 1101
COUNTY OF (WK..
The foregoingOtrument was acknowledged before me this 2(ga/4. day of I ,2005,by
Sjt ,as Dtbratt of SprintCom,Inc.,a Kansas
Corporation,who executed the foregoing instrument on behalf of the partnership.
lkirk
(AF OTARIAL SEAL (O F CIAL NOTARY SIGNATURE)
vv=`••vm NY'UARY PUBLIC STATE OF
1 "OFFICIAL SEAL" J
pusuc
sner oF JOHANNA D. DEMARA iy
IUM/0IS COMMISSION EXPIRES 01/27/07Aohlui «1 a -6c
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20 ,by
,as of SprintCom,Inc.,a Kansas
Corporation,who executed the foregoing instrument on behalf of the partnership.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
Law Dept PC Docs 77251 v2 1 /,t
Revised 4/1/04 _`
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NOTE • .r wn rsro ma Om wt+.o THESE DRAWINGS HAVE BEEN .�•. ..-.�vem.c�
PREPARED TO DEPICT PROPOSED
OVERALL TOWER HEIGHT DIMENSION
AND SHALL NOT BE USED FOR 3•-9- ° .'-B•
CONSTRUCTION.
NEW SPRINT PPC EXISTING
CABINETS LIGHT POLE TYP.
I' NEW SPRINT 20'X20' �.i.
•o c LEASE AREA - COSTING CONC.
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_OUNT 81'S mid
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EQUIPMENT CABINETS ON E ,.•
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Property Description for Sprint CH03XC501
One Riverside Avenue, Elgin Illinois
That part of Riverside Avenue--described as follows: Commencing at the
northeast corner of the intersection of Riverside Avenue and Prairie Street,
thence northwesterly along the northeast line of Riverside Avenue 405.50 feet,
thence southwest perpendicular to said northeast line of Riverside Avenue 40.00
feet to the point of beginning. Thence continuing along the aforementioned
course, 20.00 feet, thence southeasterly parallel with the northeast line of said
Riverside Avenue, 20.00 feet, thence northeasterly perpendicular to the
northeast line of said Riverside Avenue 20.00 feet, thence northwesterly, parallel
with the northeast line of said Riverside Avenue 20.00 feet to the point of
beginning, containing 400.0 square feet more or less, all situated in the
Southeast quarter of section 14, township 41 north, range 8 east of the third
principal meridian, all in the City of Elgin, Kane County, Illinois.
PIN #06-14-432-003
`,c.(OF 1C (�
#` ��§ Agenda Item No. ',
,,'� ii Cty of Elg n g
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July 22, 2005 1 I/ 4 ":�sr
N « F ;a
TO: Mayor and Members of the City Council ALIVE DOWNTOWN
FROM: Olufemi Folarin, City Manager rkfiSkr
Raymond H. Moller, Director of Economic Development and Business Services
SUBJECT: Lease Agreement with Sprint for Temporary Cell Tower on Riverside Drive
Parking Deck
PURPOSE
The purpose of this memorandum is to provide information to the Mayor and members of the
City Council members regarding a proposed lease agreement with Sprint for the temporary
location of a cell tower from the 38 S. Grove Avenue (Promac Building) to the Riverside Drive
parking deck.
RECOMMENDATION
It is recommended that the City Council authorize a lease agreement with Sprint that will allow
for the temporary relocation of a cell tower from 38 S. Grove Avenue to the Riverside Drive
parking deck.
BACKGROUND
In order for RSC & Associates to move forward with the demolition of 38 S. Grove Avenue and
the construction of Phase I of the Fountain Square Condo project, the Sprint cell tower located
on the roof of the existing building must be relocated. The tower will then be relocated to the top
of the condominium building upon its completion.
The temporary tower will be placed in a 400 sq. ft. space adjacent to the concrete barriers that
limit access to the parking deck from Riverside Drive. The temporary tower will be located
approximately 50 yards south of the south boundary of 38 S Grove Avenue. The tower will be
approximately 60.0' in height. The term of the lease is for a period not to exceed three years or
terminated within 60 days of receiving the Certificate of Occupancy for the Phase I building.
RSC & Associated and Sprint will be responsible for all costs associated with the relocation of
the tower.
Lease Agreement with Sprint for Temporary Cell Tower on Riverside Drive Parking Deck
July 22, 2005
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
°ilk_
No cost to the City.
LEGAL IMPACT
\W
\J\ V
None
ALTERNATIVES
1. Choose to enter into the lease agreement with Sprint.
2. Choose not to enter into the agreement with Sprint and not allow for the demolition of 38.
Grove Avenue.
Respectfully submitted for Council consideration.
P Y
RHM/am
Attachments
.+
Lease Agreement with Sprint for Temporary Cell Tower on Riverside Drive Parking Deck
July 22,2005
Page 3
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Cow Memos\COW Me