HomeMy WebLinkAboutRESOLUTION - 63-07 - 11/13/2007 - LETTER OF UNDERSTANDING (AT&T) RESOLUTION NO. 63-07
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A LETTER OF UNDERSTANDING BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE AND AT&T DATED OCTOBER 15,2007
NOW, THEREFORE,BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
AT&T ILLINOIS
("AT&T")
AGREEMENT
SCREENING,LANDSCAPING AND MAINTENANCE OF FACILITIES
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 13th day of November 2007.
APPROVED this 13th day of November 2007.
APPROVED:
Mayor Craig B.Johnson
Village of Elk Grove Village
ATTEST:
Ann 1. Walsh,Village Clerk
Marc D.Blakeman AT&T Illinois T:312.727.4221
aw Regional Vice President 225 West Randolph Street F:312.727.3722
External Affairs Floor 27B mb3878@att.com
Chicago,Illinois 60606 www.att.com
October 15, 2007
Alan J. Boffice
Municipal Engineer
Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
Dear Mr. Boffice:
AT&T Illinois ("AT&T") is in the process of installing facilities in the public rights-
of-way ("ROW") within Elk Grove Village, Illinois (the ""Village") in connection
with AT&T's network upgrade, known as Project Lightspeed. As part of this
upgrade process, AT&T remains committed to working with the Village
pertaining to the screening, landscaping and maintenance of these facilities.
In furtherance of this commitment, AT&T hereby agrees to be bound by the
terms contained in this letter (hereafter referred to as the 'Agreement"). AT&T
shall make a payment to the Village of One Thousand Five Hundred Dollars
($1,500.00) (a "Payment") for each separate Video-Ready Access Device
("VRAD") located in the ROW of the Village ("AT&T's Facilities"). The Payments
shall be used by the Village for screening, landscaping and maintenance of the
screening and landscaping related to AT&T's Facilities, subject to the following
terms:
1. The Village shall assume all responsibilities, including all costs, expenses
and liabilities, related to the screening and landscaping of AT&T's Facilities
within the Village. In fulfilling these responsibilities, the Village shall
comply with all applicable land use and safety regulations including, but
not limited to, the Illinois Underground Utilities Facilities Damage
Prevention Act, 220 ILCS 50/1 et seq. and the Village shall reserve a
three (3) foot set-back from the base of every VRAD pad, upon which no
landscaping or obstruction will be placed, such that every VRAD pad may
be easily accessed by AT&T,
2. Except for its responsibility to make the Payments, AT&T shall not be
responsible for any costs, expenses or liabilities related to the screening
and landscaping or the ongoing maintenance of the screening and
landscaping of AT&T's Facilities within the Village.
3. As long as this Agreement remains in effect, AT&T's Facilities shall not be
subject to any applicable Village Code provisions regarding screening,
Elk Grove Village—10/15/2007
Page 2
landscaping, maintenance or security requirements, including, but not
limited to, the posting of a bond, letter of credit or the establishment of
an escrow account.
4. AT&T asserts that any payment obligations, including bond, letter of
credit or escrow account requirements, imposed by the Village in relation
to AT&T's Facilities are inconsistent with applicable law, including the
Cable and Video Competition Law of 2007 (Public Act 95-0009), the
Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1
et seq, or the Telephone Company Act, 220 ILCS 65/1 et seq. However,
despite AT&T's assertion, AT&T will make this payment voluntarily under
the conditions described above. As to other municipalities, AT&T reserves
the right to challenge any such similar payment requirement.
Please express your agreement and acceptance of the terms of this Agreement
by signing below.
Sincerely,
z
Marc D. Blakeman
Regional Vice President, External Affairs
AGREED TO AND ACCEPTED:
ELK GROVE VILLAGE
By:
Name: Craig B. Johnson
Title: Mayor