R-74-06 09/25/2006RESOLUTION
RESOLUTION APPROVING AMENDMENT NO. 1 TO COMMUNICATIONS
SITE LEASE AGREEMENT AT 731 HOUSTON STREET BY AND
BETWEEN NEXTEL WEST CORP. d/b /a NEXTEL COMMUNICATIONS
AND VILLAGE OF LEMONT
WHEREAS, the Village of Lemont and Nextel West Corp. d/b /a Nextel Communications
entered into a Communications Site Lease Agreement dated August 24, 1998, and approved by
Ordinance 0- 68 -98, for location of communications equipment on Village property at 731 Houston
Street; and
WHEREAS, it has become necessary to amend the Agreement to allow Nextel West Corp.
to replace and modify the equipment located at 731 Houston Street; and
WHEREAS, the Village of Lemont and Nextel West Corp.concur with the terms of the
Agreement as amended.
NOW THEREFORE BE IT RESOLVED by the President and Board of Trustees that the
Amendment to the Communications Site Lease Agreement attached hereto as Exhibit A is hereby
approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on
this 25th day of September , 2006.
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules (/
Clifford Miklos
Brian Reaves V
Ronald Stapleton
Jeanette Virgilio
JOHN F. PI. ZZA, ilia
ARLENE SMOLLEN, Village Clerk
Amendment No. 1
This Amendment is attached to and made a part of the Communications Site Lease
Agreement (the "Agreement ") dated August 24, 1998, by and between Nextel West
Corp., a Delaware corporation, d /b /a Nextel Communications (herein called "Lessee ")
and Village of Lemont, a municipal corporation of Illinois ( "Lessor ") relative to the
property located at 731 Houston St, Lemont IL, 60439.
WHEREAS, Lessor and Lessee desire to amend certain provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Any reference in the Agreement to Nextel West Corp., a Delaware
corporation, d/b /a Nextel Communications are hereby globally changed to
Nextel West Corp., a Delaware corporation.
2. That in case of any inconsistencies between the terms and conditions
contained in the Agreement and the terms and conditions contained herein, the
terms and conditions of this Amendment No.1 shall control. Except as set
forth below, all provisions of the Agreement shall remain unchanged and in
full force and effect.
3. Exhibit B is hereby deleted and replaced with Exhibit B -1.
4. Lessor hereby agrees to allow Lessee to perform all of its necessary
equipment modifications, upgrades, and relocations without an increase in
Rent. Lessee shall install a signal repeater system in Lessor's Public Works
Building at no cost to Lessor.
5. Lessee's modifications, upgrades, and relocations will consist of the
following: remove the existing 7'x15' equipment shelter located under the
Water Tank; construct a new 12'x20' equipment shelter on the proposed
location (as shown in Exhibit B -1) to match the appearance of existing
buildings on the Premises; expand the existing 10'x10' concrete pad at the
new shelter location to accommodate a 12'x20' shelter; replace nine (9)
existing antennas with nine (9) new antennas (6 IDEN, 3 CDMA); install six
(6) additional runs of coaxial cable to be double stacked on existing cable runs
and covered to match the Water Tank. Lessee shall replace any Landscaping
and fencing that is damaged during the relocation and construction of the
proposed shelter. Tenant agrees to install landscaping around the Premises, at
no cost to Landlord, in accordance with landscaping plans mutually agreed
upon by both parties.
6. Lessee hereby acknowledges that it, and not Lessor, shall be responsible for
any additional costs of re- painting or maintenance on the Water Tank
provided such costs are based solely upon the existence of Lessee's
equipment. Such costs may be related to the temporary removal or covering
of said equipment to perform the necessary maintenance, among others.
7. Lessee shall have the right to install and utilize a "COW" during Lessor's re-
painting or maintenance of the Water Tank if said maintenance effects
Lessee's use or performance of its equipment. Lessee shall also have the right
to utilize a "COW" during Lessee's construction of its modification, upgrade,
and relocation project.
IN WITNESS WHE
the '2< day of
the parties have caused this Amendment to be executed on
LANDLORD
Village of Lemont, a municipal
corporation of Illinois
By:
Name:
Title: 1i
Date:
TENANT
Nextel West Corp.,
a Delaware Corporation
By:
Name:
Title:
Date:
J
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