S-789 - 10/25/1994 - LICENSE AGREEMENT - Ordinances ORDINANCE 94-AG-EX1-S 789
AN ORDINANCE AMENDING AN ORDINANCE GRANTING TO McDONALD'S CORPORATION
CERTAIN RIGHTS TO INSTALL FIBER OPTIC CABLE IN THE
VILLAGE OF OAK BROOK, DuPAGE AND COOK COUNTIES, IL
WHEREAS, in passing Ordinance 94-AG-EX1-S-767 on February 8, 1994,
("February 8, 1994 Ordinance") the Village Board granted McDonald's
Corporation permission to install and maintain certain telecommunication and
information systems, including but not limited to underground fiber optic
cables in, under, across, along and through portions of Certain Designated
Public Ways and Streets of the Village for the limited purpose of allowing
McDonald's to connect and operate its telecommunication and information
systems between certain of its Oak Brook locations as more fully set forth in
the License Agreement attached to the February 8, 1994 Ordinance; and
WHEREAS, the February 8, 1994 Ordinance authorized and directed the
Village President and Village Clerk to execute the License Agreement on behalf
of the Village with McDonald's, setting forth the terms and conditions for
granting permission to construct and maintain the telecommunication and
information system in Designated Rights-Of-Ways; and
WHEREAS. the parties executed the License Agreement on or about
February 24, 1994 ("February 24, 1994 License Agreement") ; and
WHEREAS, since passage of the February 8, 1994 Ordinance, McDonald's
Corporation has leased the property at 711 Jorie Boulevard for a ten-year term
and wishes to lay a fiber optic cable between this location and its regional
headquarters at 2111 McDonald's Drive, Oak Brook, IL ("New Fiber Optic
Cable") ; and
WHEREAS, as limited by the terms and conditions of the February 24, 1994
License Agreement between the Village and McDonald's, a copy of which is
attached hereto, installation of the New Fiber Optic Cable will not adversely
affect the general use of the public ways and streets; and
WHEREAS, allowing the installation the New Fiber Optic Cable will
contribute to the continued health of the business community in Oak Brook; and
WHEREAS, in light of the foregoing, the Village of Oak Brook agrees to
amend the sketch attached to the February 24, 1994 License Agreement to
include the New Fiber Optic Cable between 711 Jorie Boulevard and the regional
headquarters at 2111 McDonald's Drive, subject to the terms and conditions of
the February 24, 1994 License Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The Village of Oak Brook hereby agrees to amend the
February 24, 1994 License Agreement by incorporating an amended sketch which
includes the New Fiber Optic Cable and which has been attached hereto and
Ordinance 94-AG-EX1-S-789
Amending an Ordinance
Granting Certain Rights
to McDonald's to Install
Fiber Optic Cable
Page 2
labeled "Exhibit A-1", provided that all of the terms and conditions of the
February 24, 1994 License Agreement are in full force and effect as pertains
to Exhibit A-1.
Section 2: The Village President and Village Clerk are hereby
authorized and directed to execute the attached Amendment to License Agreement
on behalf of the Village.
Section 3: This ordinance shall be in full force and effect upon its
passage and approval in the manner provided by law, provided, however, that
this ordinance shall be of no force or effect unless and until the Amendment
to License Agreement is fully executed by McDonald's.
PASSED THIS 25th day of October, 1994.
Ayes: Trustees Bartecki, Calzaretta, Kenny, McInerney, Payovich and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THIS 25th day of October, 1994.
so(A... •41111 .:.4....
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\� •i'llag- Clerk
Appro-ed as to Form:
6ez[.af a G(ih/ f c/Y
Village Attorney
Published
Date Paper
Not Published XX
Applicant: McDonald's Corporation
Address: 1 McDonald's Plaza, Oak Brook
PIN 06-25-101-001