Ordinance 2023-03UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2023-03
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTRY, ILLINOIS
APPROVING A FIRST AMENDMENT TL LEASE AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE AND SPRINTCOM LLC
(610 TOWER LANE)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 28`' day of February, 2023
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on March 2, 2023.
Ordinance No. 2023-03
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
APPROVING A FIRST AMENDMENT TL LEASE AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE AND SPRINTCOM LLC
(610 Tower Lane)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non -home -rule municipality of the State of Illinois under the 1970
Illinois Constitution and the State of Illinois; and,
WHEREAS, the City has the authority to enter leases of City property pursuant to Section
11-76-1 of the Illinois Municipal Code (65 ILCS 5/11-76-1); and,
WHEREAS, the City entered into a Lease Agreement with SprintCom LLC dated February
4, 2002, providing for the lease of space in the City's water tower located at 610 Tower Lane; and,
WHEREAS, since 2002 the Lease Agreement has been renewed several times, however,
the parties now wish to modify and amend certain provisions of the Lease Agreement as set forth
in the First Amendment to Lease Agreement attached hereto (the "Amendment"); and,
WHEREAS, pursuant to the authority established by the Illinois Municipal Code as
referenced above, the City is prepared to enter into the Amendment as hereinafter provided.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts
all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth
herein.
Section 2. That the First Amendment to Lease Agreement between the United City of
Yorkville an SprintCom LLC (the "Amendment") attached hereto and incorporated herein as
Ordinance No. 2023-03
Page 2
Exhibit A is hereby approved and the Mayor and City Clerk are hereby authorized to execute and
deliver said Amendment.
Section 3. That the officials, officers, and employees of the United City of Yorkville are
hereby authorized to take such further actions as are necessary to carry out the intent and purpose
of the Amendment.
Section 4. This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
281h day of February, A.D. 2023.
CIT CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS ABSENT
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this �S day of M � rC�l , A.D. 2023.
Attest:
MAYOR
2,0AIMi
ITY C ERK
Ordinance No. 2023-03
Page 3
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is made and entered into on
2 , 202_3 ("Effective Date"), by and between United City of Yorkville, an Illinois municipal
corporatio ("Landlord"), and SprintCom LLC (formally a corporation) a Kansas limited liability company, successor
in interest to SprintCom Inc, a Kansas corporation ("Tenant").
Recitals
The parties hereto recite, declare and agree as follows:
A. Landlord and Tenant entered into a Lease Agreement (the "Lease"), dated February 41, 2002, agreement
was entered into 610 Tower Lane, Yorkville, Kendall County, Illinois (the "Premises").
B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain provisions
of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
covenant and agree as follows:
1. Landlord Consent. Landlord hereby grants Tenant the right and consents to Tenant's an addition to the
Premises with the installation of "Antenna Facilities" as described and depicted in on Exhibit "A", which is attached
hereto and by this reference incorporated herein, which "Antenna Facilities" shall be included as a part of the
Premises under the Lease.
3. Tenant's Notice Address. Tenant's notice addresses in the Lease are deleted in their entirety and replaced
with the following:
If to Tenant: T-Mobile USA, Inc.
12920 S.E. 38' Street
Bellevue, WA 98006
Attn.: Lease Compliance
Site No. CH85027A/CH60XC324
4. Renewal Terms. Upon the expiration of the current term, Tenant shall have the right to renew the
Lease for four (4) additional Renewal Terms of five (5) years each. Each Renewal Term shall renew automatically,
unless Tenant provides at least thirty (30) days prior written notice before the expiration of the then current term that
Tenant does not wish to exercise such Renewal Term. For each year of the Renewal Term, the rent shall increase by
three percent (3%) over the rent for the previous year.
5. Modifications to Tenant's Antenna Facilities. The Lease shall be amended to provide that Tenant shall
have the right to perform upgrades, additions, removal or replacement of any and all of its Antenna Facilities
("Modifications") for no fee or additional consideration, so long as Tenant does not expand the Premises beyond its
original square footage.
6. Terms; Conflicts. The terms and conditions of the Lease are incorporated herein by this reference, and
capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. Except
as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the
Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any
conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of this
Amendment will govern and control.
CH85027A NLG-76906_AMDjNew Build Sprint Keep_CH85027A-00002749541JJJ1517659
T-Mobile Site No: CH85027A/CH60XC324 1
T-Mobile Site Name: Yorkville WT
Market: Chicago
7. Approvals. Landlord represents and warrants to Tenant that the consent or approval of no third party,
including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such
third party consent or approval is required, Landlord has obtained any and all such consents or approvals.
8. Authorization. The persons who have executed this Amendment represent and warrant that they are duly
authorized to execute this Amendment in their individual or representative capacity as indicated.
9. Signatures. This Amendment may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute a single instrument. Signed facsimile and electronic
copies of this Amendment shall legally bind the parties to the same extent as original documents.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first written
above.
United City of Yorkville SprintCom LLC
By: By:
Name: a n n Puree,(( rc e (( Na e:
Title: M Nf 0 Title:
Date: 3 / ' oZ 3 Date:
Digitally
AJsigned byAJ
Date:
2023.01.30
08:58:12
05'00'
CH85027A NLG-76906_AMDINew Build_Sprint Keep_CH85027A-00002749541_JJ_11517659
T-Mobile Site No: CH85027A/CH60XC324
T-Mobile Site Name: Yorkville WT
Market: Chicago
`EPSE GO
O � P
Approved
�m
r 0811E �
TMO Signatory Level: L06
[Notary block for Landlord!
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
This instrument was acknowledged before me on Mu rGh 1 l 102 3 by
7'bhn PLO-Ct.61 , [title] MuoY" of VoMvi II-G a
µtkYVk4P 4 COYAVr'A On [type of entity], on behalf of said U hf-tci ttN OP [name of entity].
Dated: 3� / of 3 'IOYK %1t I 1C,
Nit ry Public V v t ,/
Name To r, i1/IQ h (3e h I Cl �'1U
My commission expires 10 1 Lo / 2.02 U
"Official Sea]"
JORI MARIE BEHLAND
Notary Public, State of Illinois
My Commission Expires 10/16/2024
(Use this space for notary stamp/seal)
[Notary block for Tenant!
STATE OF ILLINOIS )
ss.
COUNTY OF DUPAGE )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the of
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
T-Mobile Site No: CH85027A/CH60XC324 3
T-Mobile Site Name: Yorkville WT
Market: Chicago
EXHIBIT A
H �f �j
=N'
p
Al
P�O UNDE� CONDUM ROUSE
mD � m � c� To "TER
%w — _'.
_j �..PLET� � Iwmpoolo
R"', FO.. 6. �NEIMTO
W I7IP — ..N. 6*
ce-il
K C CtGSAE
'TR PROMAfD
EL 1— 1 rR<M 1
M! ,ED ta5 vaGk'R*EIft.V
Rp NG
E RW
00� D
a:Ccss "I[
,7 ;-E.� '
% i
LN
IExtStiNG '.iNN FENCE
—
LEGEND
.1 wm
T-Mobile Site No: CH85027A/CH60XC324 4
T-Mobile Site Name: Yorkville WT
Market: Chicago
WE NOTLS:
-
ID I X11 W —VECT
RW
KG AYri
I�ES TD 1�,
RE—
fR
ft"w NO "[P-
10M—
MERY
— 1li&.4
_1RD fnSnK
Gf
a�aIc �1CIX4. Pa5LR4 sfpuLTshtl
4
I—
-1- w—c
Nk\
& Hj
lit no
l
I l I
lit
OOTMO
Low KiLL
WAw mw umm kxmm
`7 QW 3 00 � mmom To
campy ow
j, MxTf wC:FN`,— I
EA^ AR PLAN ireccn
'Ec—)
ff—o �,K airr—
IEU ro5T
To
TO w.., .7,=
.7.-- -T1.
IT "It IrWA
"T' 1F 121
MAP
ANTENNA AND AT WT RO,.-)F
N ._,
T-Mobile Site No: CH85027A/CH60XC324 5
T-Mobile Site Name: Yorkville WT
Market: Chicago
Ar z =1 T
Yarzx
PENETRATION SFAI
—0
Kw
s'RO�''SED EIWPVEW AND ANTENNA
%NSTA -S I-QN!!NGEN7 UPON WA—aR-- IANL !�Q :LI;
PASStNG 5TRQ(,7UPAL ANALYSES OF
WATER 7ANX, AND ANTENNA MOUNT,
I . —T tow I
"I I-T smutsauf K
Nrterr
TO
w4f
E R E, EVATION
T-Mobile Site No: CH85027A/CH60XC324
T-Mobile Site Name: Yorkville WT
Market: Chicago
—1— — I- IEW