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HomeMy WebLinkAbout84-0423 Centel Cable• r . r LICENSE AGREEMENT DATED April 23, 1984, between Centel Cable Television Company of Illinois, 1617 Weld Road, Elgin, Illinois 60120 (Licensor), and the City of Elgin, a municipal corporation, Kane and Cook Counties, Illinois, 150 Dexter Court, Elgin, Illinois 60120 (Licensee). For and in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Licensor hereby grants Licensee a non-exclusive license to install and maintain a radio antenna on the Centel Cable Television Tower at 1617 Weld Road, Elgin, Illinois ("the Tower") for a period commencing on the date hereof and expiring upon termination by either party. 2, Licensee shall cause its antenna to be installed in a location on the Tower mutually agreeable to the parties, in a safe and workmanlike manner and shall take all necessary precautions to assure the safety of its City personnel, independent contractors or any other persons. Licensee hereby warrants and represents that such installation shall be in accordance with the National Electrical Safety Code and such other laws, rules and regulations that may apply, shall not conflict or interfere with Licensor's own use of the Tower, and shall not adversely affect the structural integrety or operation of the Tower, 3. Indemnification by Licensee. Licensee agrees to defend, indemnify and save, hold and keep Licensor and its officers, agents and employees harmless from. any loss, cost, expense or liability whatsoever on or for, or in connection with the defense or investigation of, any and all claims for damages or loss that may result to the equipment or any property of Licensor, including without limitation the Tower, or otherwise suffered or sustained by any person or entity, including Licensor, or for injury to or death of any person or persons arising or asserted to have arisen as a result of or incident to or by reason of ri- Licensee's installation and maintenance, operation or removal, of the radio antenna, or as a result of or incident to or by reason of Licensee's breach of any portion of this Agreement. 4. Insurance by Licensee. Licensee shall procure and maintain policies of insurance with an insurance company or companies, having at least an A5 rating in the Best Insurance Guide, at its own cost and expense, which policies shall name Licensor as an additional insured and shall provide the following insurance coverage; a) Comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) combined single unit in excess of self-insured retentions and ($50,000/occurrence:.and $125,000:.aggregate) for injury to or death of one or more persons and for damage to property in any one occurrence, against any liability arising out of, or in connection with, the Licensee's installation and maintenance of the radio antenna. b) Umbrella liability insurance in an amount not less than Five Million Dollars ($5,000,000.00) in excess of the comprehensive general liability insurance listed above. 5. Termination. Either party may terminate this license upon six months written notice to the other party at the addresses first herein set forth by certified or registered mail. Upon such termination, Licensee shall cause its radio antenna to be removed from the Centel Tower at 1617 Weld Road, Elgin, Illinois, in a safe and workmanlike manner and shall take all necessary precautions to assure the safety of its City personnel, independent contractors or any other persons and that such installation shall be in accordance with the National Electrical Safety Code and such other laws, rules and regulations that may apply, shall not conflict or interfere with Licensor's own use of the Tower, and shall not adversely affectthe structural integrety or operations of the Tower. -2- 1 CENTEL CABLE TELEVISION COMPANY OF ILLINOIS By: , ,,,�c�e"__'_ /f/a.^�`^ 04/11/ Title: . . . .(E:4€& MAaAG62- 1Jo2TH ts,s-rzcT . Attest: ; i } J 1 !) , 1 . CITY OF LGIN a uni ::::sporation By: . . . . V . 1 ` • Title: — \ Attest; -3-