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HomeMy WebLinkAboutRESOLUTION - 17-12 - 4/10/2012 - AGREEMENT - NEXTWEBRESOLUTION NO. 17-12 A RESOLUTION AMENDING RESOLUTION NO. 53-03 AND AUTHORIZING THE MAYOR TO EXECUTE A CONSENT TO ASSIGNMENT OF AGREEMENT BETWEEN NEXTWEB, INC. F/K/A CLIENT/SERVER CONSULTING GROUP, INC., D/B/A DATAFLO AND E-VERGENT.COM, LLC (1141 HAWTHORNE LANE AND 701 PRATT BOULEVARD) 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 Consent to Assignment of Agreement, a copy of which is attached hereto and made a part hereof as if fully set forth. 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 10`h day of April 2012. APPROVED this 10`h day of April 2012. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk A,s ignnienI E- Vereeo t. cont March 12, 2012 Elk Grove Village Attn: Village Clerk 901 Wellington Ave. Elk Grove Village, Illinois 60007 Re: Communications Site Lease Agreement (Water Tower), dated as of September 15, 2003, between Elk Grove Village and NextWeb, Inc. (successor in interest to Client/Server Consulting Group, d/b/a DataFlo) (the "Assignor') (the "Agreement") Dear Village Clerk: This letter shall serve as Assignor's request for your consent to the assignment by Assignor to E- Vergent.com, LLC (the "Assignee") of the above referenced Agreement, effective upon the sale of certain assets of NextWeb, Inc. by the Assignor to the Assignee (the "Transaction"). The consummation of the Transaction is anticipated. to occur on or about April 16,:2012 (the actual date, the "Closing Date"). From and after the Closing Date, all notices under the Agreement to the Assignee should be sent to: E-Vergent.com, LLC 8332 Corporate Drive, Unit A Racine, WI 63406 Attn: Michael Falaschi Facsimile: (262) 884-2050 Conditioned on the Closing of the Transaction, Assignor will assign to Assignee all of its rights and obligations under the Agreement. Please acknowledge your. agreement to this assignment by signing a duplicate copy of this letter in the signature block below and returning it to.the undersigned no. later than April 1, 2012. [Signature page follows] March 12, 2012 Page 2 Best regards, NextWeb, In Title"-�Ield Operations & NextWeb Project Integration. Manager 311 N. Walnut, Suite 210 Wood Dale, IL 60191 Facsimile: 855-310-8971 -Email: mszamlewsla@telepacific.com Acknowledged and agreed this I Ot' day of April, 2012 Elk Grove Village By: Craig B. Johnson Name: Craig B. Johnson Title: Mayor