Aurora, Illinois

File #: 15-00838    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/9/2015 In control: City Council
On agenda: 9/22/2015 Final action: 10/13/2015
Title: A Resolution Authorizing the Revised Master Agreement with OnLight Aurora.
Attachments: 1. 151005_Final Revised Master Agreement
cover
TO: Mayor Thomas J. Weisner

FROM: Ted Beck, Chief Technology Officer,
Carie Anne Ergo, Chief Management Officer

DATE: Revised 10/5//15

SUBJECT:
A resolution authorizing a Revised Master Agreement with OnLight Aurora

PURPOSE:
The purpose of the Revised Master Agreement with OnLight Aurora is two fold: (1) to incorporate the addendum language previously approved by City Council on August 27, 2013, and (2) to propose the following additional modifications.

Section 5: Clarifies the language for the term of the IRU (indefeasible right of use) to allow OnLight to continue to offer 20 year fiber leases throughout the term of the Master Agreement;
Section 11c: Lowers the insurance provisions to industry norms;
Section 24b: Modifies the repayment and timing provisions of the startup loan to OnLight Aurora;
Section 25j: Clarifies the language concerning City support of an outside loan to OnLight Aurora; and
Exhibit A 5-6: Changes the way that lease payments are made to provide a graduated payment schedule based on use.

OnLight deems these changes necessary to facilitate the continued growth of Fiber services to the Aurora community.

BACKGROUND:
As Aurora took some giant steps forward with the construction of the fiber optic network in 2007 and 2008, it was also making plans for the more complete use of the technology to provide the City with a competitive advantage over other Illinois cities. The Mayor's Technology Roundtable recommended the formation of what has become OnLight Aurora, since chartered as an Illinois not-for-profit in January, 2012. In May of 2012, the City and OnLight Aurora came to an agreement to lease up to 36 of the city's 144 fiber strands and make them available to the Community Anchor Institutions:
Education, Preschool through College (P through 20)
Healthcare
Social Service Agencies
Arts & Entertainment
Business, both to retain current business and help them expand and as a way to attract new business t...

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