Resolution 2020-36 Resolution No. 2020-36
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE THIRD AMENDMENT LICENSE AGREEMENT
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS,the City and Illinois Bell Telephone Company,dba AT&T Illinois,an Illinois
corporation ("AT&T'), are parties to a certain License Agreement, dated October 9, 2000,
permitting the City to use certain portions of property owned by AT&T for public parking and
walkway purposes; and,
WHEREAS, the City and AT&T previously extended the term of the abovementioned
License Agreement through September 30, 2020; and,
WHEREAS, the City and AT&T now desire to further extend the term of the License
Agreement through September 30, 2025.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Third Amendment License Agreement, attached hereto and made a
part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute
and deliver said Amendment on behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
12�h day of May, 2020.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Resolution No.2020-36
Page 1
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M 4 y , 2020.
Zi
MAYOR
Attest: ,
City Clerk
Resolution No.2020-36
Page 2
THIRD AMENDMENT LICENSE AGREEMENT
This Third Amendment License Agreement (the "Third Amendment") is dated this a?6
day of MAY , 2020, by and between Illinois Bell Telephone Company, dba AT&T
Illinois ("AT&T"), an Illinois corporation, and the United City of Yorkville ("Yorkville"), an Illinois
municipal corporation.
WHEREAS, AT&T is the owner in fee of certain property (the "Property") situated in the City of
Yorkville, Kendall County, Illinois (SE Corner Hydraulic& Main Streets) legally described as:
Lot Eight (8) in Block 1 (1) in Black's Addition to the Village of Yorkville,
Kendall County, Illinois
WHEREAS, AT&T and the United City of Yorkville are parties to the certain License Agreement
dated October 9, 2000.
WHEREAS, AT&T and the United City of Yorkville entered into FIRST AMENDMENT LICENSE
AGREEMENT dated May 3rd, 2011, which extended the term of the license agreement from
October 1, 2010 through September 30, 2015.
WHEREAS, AT&T and the United City of Yorkville entered into SECOND AMENDMENT LICENSE
AGREEMENT dated July 16, 2015, which extended the term of the license agreement from
October 1, 2015 through September 30, 2020.
WHEREAS, the parties desire to extend the License Agreement
NOW,THEREFORE,for and in consideration of the mutual benefits and obligations, set forth on
this THIRD AMENDMENT the parties agree as follows:
1. Extended Term: The term of the License Agreement is herby further extended for a
period of five (5)years commencing on October 1, 2020 and ending on September 30,
2025 (the "Extended Term"). Notwithstanding anything to the contrary contained in the
License Agreement,the term of the License Agreement shall be deemed to include the
Extended Term. Notwithstanding any other term of the License Agreement, AT&T may
cancel this License Agreement for any reason or no reason, at any time, upon thirty (30)
day written notice to Yorkville.
All other terms and conditions of this License Agreement remain unchanged and continue in full
force and effect.
IN WITNESS WHEREOF,the parties have caused this Third Amendment to be executed by their
duly authorized representative.
Illinois Bell Telephone Company
dba AT&T Illinois
By:44"
Linda M. Benedetto
Manager—IL Portfolio Management
United City of York
By:
M AYok
Attest:
C ITY C LEAK
Enabling Resolution: QOd0-N0 Dated: 5//a/aoao