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HomeMy WebLinkAboutRESOLUTIONS-2015-055-R-155/ 12/2015 55-R-9 5 A RESOLUTION Authorizing Extension of a License to Comcast of Illinois IV, Inc., Allowing Maintenance of a Building and Fence in the Public Right -of - Way of Mulford Street and Park Land in James Park WHEREAS, Comcast of Illinois IV, Inc. ("Licensee") is the franchised cable operator for the City of Evanston, and is legally licensed to operate and locate facilities within the City for the purpose of distributing communication signals to customers; and WHEREAS, Licensee is required to maintain and upgrade the existing cable network; and WHEREAS, maintaining the existing facility located in James Park ("Facility") is necessary for Licensee to satisfy its responsibilities per the franchise agreement; and WHEREAS, the City Council approved a license agreement to permit construction and maintenance of the Facility via Resolution 3-R-99, and subsequently approved and extended said license agreement via Resolutions 19-R-09, 20-R-12, and 61-R-12; and WHEREAS, the City Council of the City of Evanston finds and determines that the best interests of the City and its residents would be served by a renewal and extension of said license agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: part hereof. 55-R-15 SECTION 1: The foregoing recitals are hereby found as fact and made a SECTION 2: The City Manager is hereby authorized to sign, and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a Renewal and Extension of the License Agreement, attached hereto as Exhibit A and incorporated herein by reference, by and between the City, as Licensor, and Licensee, providing for maintenance of a building and fence on the public right-of-way of Mulford Street and park land in James Park, in Evanston, Illinois. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Extension as he may determine to be in the best interests of the City. SECTION 4: That this Resolution 55-R-15 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attest: ney Gre9j, City Clerk Adopted: "k\A 0 , 2015 e, Z' Y, & 3 - l Eliz eth B. Tisdahl, Mayor -2- 55-R-15 EXHIBIT A License Renewal and Extension -3- LICENSE RENEWAL AND EXTENSION THIS LICENSE RENEWAL AND EXTENSION entered into this day of 2015, by and between the City of Evanston; Illinois ("Landlord") and Comcast of Illinois IV, Inc. ("Tenant"). WHEREAS, Tenant is tenant and Landlord is landlord under a certain License Agreement originally between MediaOne and the City of Evanston dated March 23, 1999 respecting certain real property located at 2101 Mulford Street, Evanston. Illinois: and WHEREAS, the License was extended through May 31, 2015; and WHEREAS, both parties wish to renew the License and extend the term to May 31, 2018. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged; Landlord and Tenant hereby agree as follows: The License is hereby renewed and the Term of the License is hereby extended through and including May 31, 2018. 2. The monthly rent for the renewal Term shall be due on the I" day of every month in the following amounts: a) $1,597.05 per month from June 2015 through and including May 2016. b) $1,676.90 per month from June 2016 through and including May 2017. c) $1,760.75 per month from June 2017 through and including May 2018. All other terms and conditions of the License shall remain in full force and effect. IN WITNESS WHEREOF, the Landlord and Tenant have caused this Amendment to License to be duly executed as of the date first written above. City of Evanston By: Name: Title: Comcast of Illinois IV, Inc. By: Name: Title: