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HomeMy WebLinkAboutRESOLUTION - 2-98 - 1/27/1998 - ADDENDUM TO RES NO 75-95RESOLUTION NO. 2_98 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE AN ADDENDUM TO RESOLUTION NO. 75-95 LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND AMERITECH NEW MEDIA ENTERPRISES. INC. NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President be and is hereby authorized to sign the attached documents marked: ADDENDUM TO LICENSE AGREEMENT AMERITECH NEN MEDIA, INC. AND THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS 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 Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. ATTEST: VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 27th day of _January , 1998. APPROVED this 27th day of January , 1998. Patricia S. Smith Village Clerk Craig B. Johnson Village President ADDENDUM TO LICENSE AGREEMENT AMERITECH NEW MEDIA, INC. AND THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS This Addendum to the License Agreement ("Agreement") between Ameritech New Media, Inc. and the Village of Elk Grove Village dated December 12, 1995, is made and entered into this 27th date of January 1998. WHEREAS, the licensee has constructed an Analog Video Transport System (AVIS) to facilitate its entry into the video services business. WHEREAS, the licensee has applied for the issuance of a License to occupy relevant portions of the municipal right of way in order to construct and maintain the AVTS. WHEREAS, the Issuing Authority has also considered and analyzed the plans of the Licensee for the installation of a fiber optic cable line and found the same to be adequate, feasible and in the public interest; and, WHEREAS, the Issuing Authority and the Licensee have agreed to be bound by the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows. Licensee shall construct and install a portion of its AVTS along Oakton Street and Busse Road. As illustrated in Figure 2, said AVTS system shall run a distance of 7,160 lineal feet. Installation of fiber cable line will utilize existing conduit structure unless otherwise authorized by the Director Of Engineering and Community Development. 2. From and after the Effective Date of this Addendum, License shall pay to the Issuing Authority the following fees: a) within thirty (30) days after the execution of the Addendum to the Agreement, a one-time application and review fee equal to one percent (1%) of Licensee's estimated total cost of construction of such portion of the AVTS in the Village. b) within thirty (30) days after the execution of the Addendum to the Agreement, a one-time engineering fee equal to one and one-half percent (1.5%) of Licensee's estimated total cost of construction of such portion of the AVTS in the Village. c) within thirty (30) days after the execution of this Addendum to the Agreement, a license fee equal to fifty cents ($.50) per lineal foot of cable constructed pursuant to the Addendum within the Village shall be paid and shall be payable to the Village on the anniversary date of this Addendum each year thereafter throughout the term of this Addendum. 3. Except as modified herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties have signed below, effective as of the Effective date, by their duly authorized representatives. Village of Elk Grove Village By: Craig B. Johnson Its: Village President Attest: Patricia S. Smith Village Clerk Ameritech New Media, Inc. By: Its: Attest: E\ ossnEl � Z o ) ,«; /do Z» . \� / §! i§( �! §� � (/\ 2 : E UO 1 |/ \\ !! 2! §2 E\ ossnEl � Z o /do Z» . \� � (/\ E UO _; � __ [; t; !!