R-459 - 08/13/1988 - AGREEMENTS - Resolutions ���lR•�rrriG.CA f�,f
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RESOLUTION NO. R-459 "4s9A&NM%Qr To r
A RESOLUTION GRAMING TO ACCESS NET -- RESEARCH CORRIDOR, INC. CM�lNtadUiGJri'ilw3i
CERTAIN RIGHTS TO INSTALL FIBER OPTIC CABLE IN THE
VILLAGE OF OAK BROOK DTJ PAGE AND COOK COUNTIES, ILLINOIS
WHEREAS, Access Net - Reaearch Corridor, Inc., (hereinafter "AN-RC"), is
engaged in the business of selling, installing, and maintaining telec mmunica-
tion and information systems, including component parts such as fiber optic
cablo; and
WHEREAS, AN-RC has requested the Village of Oak Brook to permit AN-RC and
its agents, to install and maintain certain telecication and information
systems, including lout not limited tc underground fiber optic cables, in,
under, across, along, and through portions of certain Public Ways and Streets
of the Village of Oak Brook for the purpose of operating its telecommunication
and information systems in Oak Brook; and
WHEREAS, allowing the installation of such fiber optic cables will not
limit or otherwise adversely affect the general use of the Public Ways and
Streets; and
WHEREAS, allowing the installation of such fiber optic cabling 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
grant AN-RC a license to use certain Public Ways and Streets and such existing
facilities located therein for the purposes set forth in, and subject to the
terms and conditions of, the License Agreement attached hereto as Exhibit 1;
NOW, THEREFORE, BE IT RESOLVED 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 grants to AN-RC, its
successors, assigns, representatives, and agents the right to construct,
install, operate, repair, maintain, replace, and remove in, under., across,
along, and through certain Public Ways and Streets of the Village underground
communication cables (including but not limited to fiber optic cables),
conduits, access ;manholes, and all associated appurtenances in accordance with
and subject to the terms and provisions of, the License Agreement attached
hereto labelled Exhibit 1 and hereby made a part hereof.
Section 2. The Village President and Village Clerk are hereby authorized
and directed to execute the License Agreement, on behalf of the Village.
Sec ir+n 3. This Resolution shall ba in full force and effect upon its
passage and approval in the manner provided by law; provided, however, that
this Resolution shall be of no force or effect unless and until the License
Agreement is fully executed by AN-RC and the consideration net forth in the
said Agreement ire paid to the Village.
PASSED AND APPROVED this 13th dal of September, 1986 by the President and
Board of Trustees of the Village of Oak Brook, DuPeage and Cook Counties,
Illinois according to a roll call vote an follows:
Ayes:
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Nays: 20911M IMAX
Absent: no
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Abstain: MCI -.-.^
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LIGENU AMBER=
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THIS AGREEMENT entered into this /3,A day of 5+ f.,.► .�� _, �
1988, by and between the VILLAGE of Oak Brook, an Illinois l
municipal corporation ("the VILLAGE") , and Access Net -- Research
Corridor, Inc, , an Illinois , corporation having its principal
place of business in Chicago, Illinois ("AN-RC11) ;
` WITNIf�SS�TS:
WHEREAS, AN-RC is engaged In the business of selling,
installing, and maintaining telecommunication and information
systems, including component parts such as fiber optic cable; and
WHEREAS, AN-RC has 'requested the VILLAGE of Oak Brook to
permit AN-RC and its agents, representatives, successors, and
assigns to install and maintain certain telecommunication and
information 'systems, including but not limited to aAerground
fiber optic cables, , in, under, acro3s, along, and through
portions of the Public Ways and Streets of the VILLAGE of Oak
Brook described in Exhibit A attached hereto ("the Det .guated
Public Ways and streets") for the purpose of operating its
to cation and information systems in Oak Brooks
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NOW, UOR$, in consideration of the mutual csavenants
contained herein, the parties hereto agree as fall-wet
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Section 1. INCORPORATION OF RECITALS. The foregoing
recitals are here1rs incorporated herein as if fully set
forth.
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Section 2. GRANT OF LICENSE.
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(a) The VILLAGE hereby grants to AN-&C, its successors,
assigns, rapresentatives, and agents (hereinafter II
collectively referred to as "Licensee") the right to
construct, install, operate, repair, maintain, replace, and
remove, in, under, across, along, and through the Designated
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Public Ways and Streets of the VILLAGE as depicted on the
attached Exhibit A, underground communication cables
(including but. not limited to fiber optic cables) , conduits, ('
access manholes, and all associated appurtenances
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(hereinafter collectively referred to as "the Authorised
Facilities") for purposes of transmitting, receiving and it
distributing telecommunications and other information,
including but not limited to voice, data, video, facsimile,
alarm and meter reading signals, and other forms of
intelligence. All cables installed in the Designated Public
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Ways and Streets shall be underground. "Public ways and
Streets" includes bridges, overpasses and underpasses in
public rightx of way and public utility easements.
(b) The Authorised' facilities shall be constructed in
accordance with the requirements of and und*r the
supervision of the VXLLA '• Public Works and Magi I',
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Departments, and in substantial conformity with plans and
specifications approved by the VILLAGE. Such construction i
shall not cause any material and prolonged interference with
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any existing surface or subsurface structures, end the
Authorised Facilities. shall be maintained in accordance with
all Ordinances of the VILLAGE and regulations of its Public �
Works and Engineering Departments governing the construction
and maintenance of underground structures and facilities.
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(c) Licensee's work in connection with the installation of
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the Authorized Facilities shall not unreasonably interfere
with Ordinary travel along or upon the Designated Public
Ways and Streets, and Licensee shall maintain such barriers, �
signals, or other protective devices during any construction
related to the Authorized Facilities as will reasonably
protect the health and safety of the public. In addition, I�
upon completion of the installation of the Authorised
Facilities, Licensee shall restore the surface of any
Designated Public Way or Street disturbed as a resat
thereof to the same condition that such surface was in prior
to the commencement of such installation.
*gt on 3. RZLOCATIOU Of FACILITIES.
in the event that the Authorised Facilities trust be
relocated to accomaodate a public itsptrovemeat or facility
constructed by the VILLAgi, the Public Works uA MoLueeri"
Departments shall notify the Licensee that the Authorized
Facilities must be relocated. Such notice shall be
delivered at least one hundred eighty (180) days before the
date that installation of or construction on such public
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improvement or facility will commence. Within one hundred
eighty (180) days after delivery of such notice, Licensee
shall relocate the Authorized Facilities and restore the
Designated Public Ways and Streets to the then existing
condition, without expense to the VILLAGE. In the event
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that Licensee is required to remove the Authorized l
Facilities at the request of the VILLAGE, the Public Works
and Engineering Departments shall cooperate with Licensee in
order to identify alternative rights-of-way for the
relocation of the Authorized Facilities which may be
utilized without unreasonable inconvenience. upon
authorization of any such alternative right-of-way by the
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Public Works and Engineering Department such alternative j
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right-of-way shall, for all purposes, be deemed to be part
of the Designated Public Ways and Streets, the same as if
expressly identified in Exhibit A:
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Section 4. MAINTENANCE.
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(a) General.
AN-RC, after doing any construction, repair or excavation,
shall restore the surface of the ground to as good a
condition as before said ground was disturbed by AN-RC. All
Public Property (including rights-of-way) disturbed by AN-RC
shall be restored by it to as good a condition as before
said Public Property thereon was disturbed by AN-BC. in the
event that any Public Property shall become uneven,
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unsettled, or otherwise require repair becauje of the
disturbance` by AN-RC, on or before two years from the date
that the restoration of the Public Property occurred after
construction, repair or excavation, the VILLAGE shall give
written .notice of such condition; provided, however, that
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verbal notice shall suffice in the event of an emergency.
AN-RC shall, within five (5) days of receipt of notice from I�
the VILLAGE and entirely at its own cost, cause such Public
Property to be repaired or restored to a condition as good
as before said Public property was disturbed by ' AN-RC or
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comc2ence the repair or restoration within five (5) days if
such repair or restoration cannot be completed within five
(5) days. AN-RC shall keep all structures and equipment
which it shall construbt in the VILLAGE'S Public Property in
reasonably safe condition at all times.
(b) Failure to Comply; Remedy:
If AN-RC fails to comply with the provisions of subsection
ii(a) of this Section, the VILLAGE may:
(1) repair or restore, or cause to be repaired or restored, II
the Public Property or improvwnnt to a condition as
good as the property was in prior to the disturbance by
AN-RC and to draw the cost of said repair or
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restoration from the bond required pursuant to Section j
5 hereof, and/or
(2) charge AN-RC One Hundred Dollars ($100) per day if the
condition continues unremed,ied after receipt of written
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notice by AN-RC until the date that AN-RC or the
VILLAGE repairs or restores the Public Property.
AN-RC shall pay the VILLAGE such costs and service
charges within thirty (30) days after billing.
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Section S. CONDITIONS 09 RIGHTS. l
The rights and privileges granted by this Agreement shall be
subject to and conditioned upon, Licensee:
(a) Furnishing the VILLAGE with a bond with corporate
surety in an amount required by the Public works and
Engineering Departments based upon the total cost of
construction and in form satisfactory to the VILLAGE
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Attorney to insure the compliance with all the terms
and conditions of this Agreement and to protect and to
indemnify the VILLAGE from and against all damages or j
claims for damages that may arise directly or j
indirectly as a result of the construction,
installation, repair, maintenance, replacemmt and
removal of the Authorised Facilities] and
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(b) securing the approval of the Public Works and
Engineering bepartvisntx amd mW otker l
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agency of all underground construction as being in
compliance with applicable federal, state, and local
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laws, ordinances, and regulations; and
(c) Assuming the cost of all changes and adjustments to,
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and relocation and abandonment of the Authorised
Facilities.
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Section 6. ASSIGNMENT. AN-etc may not assign any or all of
its rights and obligations established by this Agreement l
without the written ``consent of the VILLAGE. In such an
event, AN-RC shall remain fully obligated and responsible j
under the terms of this Agreement Mess the VILLAGE gives i
its written consent to an assignment of AN-RC's rights and
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obligation.
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Section 7. WORK SY OTHERS, CONSTRUCTION BY ABUTTING OWNERS,
ALTERATION TO CONFORM WITH PUBLIC IMPRC VWUMUS.
(a) The VILLAGE reserves the right to lay, and permit to be
laid, sewer, gas, water and other pipe lines or cables
and conduits, and to do and permit to be done, any
underground and overhead installation or iamprowesent
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that may be deemed necessary or proper by the corporate
authorities of the VILLAOR in, across, along, over or
under any Public Property occupied by AN-RC, and to
change any curb or sidwalk or the gra" of any street;
provided, however, nothing herein "all reliwn any
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other person or corporation from liability for damiage II
to the Telecommunication Equipmerxt of AN-RC.
(b) In the event that the VILLAGE authorizes abutting �
landowners to occupy space under the surface of any
Public Property, such grant to an abutting landowner
shall be subject to the rights herein granted to AN-RC.
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Section 8. UNIFIED COMPUTERIZED UTILITY MAPPING SYSTEM.
If the VILLAGE currently has, or should hereafter institute, J
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a unified computerized utility mapping system, AN-RC shall 1
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participate in providing all necessary information. All data
contained in the system shall be made available to AN-RC
upon request by it for said data.
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Section 4. JULIE PARTICIPATION.
"To the extent'AN-RC is within the JULIE service area, AN-RC
shall, either directly or through another company from which
it leases or subleases Telecommmmication Equipage nt or
facilities, become a member of JULIE or its successors.
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jection 10. PLANS AND COORDINATION.
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(a) Constructions Excavation and lxpanslon Plans. On or
before December 31 and June 30 of each year, AN-RC
shall provide the VILLAGE with "a sebedule of all
planned construction and excavation work, excepting
emergency work, and planned expaneiork of the
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Telecommunication Systems within the VILLAGE or within �
unincorporated areas within one and one.-half (1-1/2)
miles of the VILLAGE'S corporate limits for the next
six (6) months, which schedule shall be used by the
VILLAGE only for the purpose of planning and organizing
growth and development of the VILLAGE.
AN-RC shall, at the written request of the VILLAGE
reschedule any .such work to coordinate with any work to
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be done by the VILLAGE or shall reroute its
construction work to a route acceptable to the VILLAGE. j
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AN-RC's schedule shall be forwarded by it to the Ij
VILLAGE.
Notwithstanding the foregoing, AN-RC shall not be
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denied a permit solely for failure to include proposed
construction within the required semi-annual plan.
(b) Coordinating Infrastructure Rehabilitation
The VILLAGE shall provide to AN-RC preliminary plans
for rehabilitation, repair or reconstruction of Public
Property work on or before January 1, and shall confirm
plans on or before May 1 of each year. AM-RC shall
advance any work on its Telecommunication Systea
planned for the three year period following such work
no that it will be performed prior to any such Work on
Public Property.
Further, AM-RC shall adjust to grade, all agp4rte s
relat*d to their Telex Qation System in the street
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at the time the street rehabilitation, repair or
reconstruction occurs.
(c) As Built Plans
AN-RC shall furnish to the VILLAGE a copy of all plans
for all construction, reconstruction, repair,
relocation or other work on or in the Telecoammication
System as built by AN-RC. AN-RC need not provide as
built plans for normal maintenance work or emergency
repairs except where said work or repair results in
permanent relocation. In that event AN-RC shall have
thirty (30) days to provide the VILLAGE with revised
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plans.
Section 110 MAPS, RECORDS REPORTS AND DOCUMENTS.
(a). original Records. AN-RC shall provide the VILLAGE an
updated copy of AN-RC's Facilities located in VILLAGE'S
Public Property at the same time AN-RC- provides its
construction schedule as required under Section 10.
All original maps, records and documents pertaining to
this Franchise shall be maintained and made avallable
for inspection at AN-RC's office in Chicago, Illinois,
during reasonable business hours for the benefit of the
VILLAGE or its officers, agents or employees.
(b) Maintenance of Records. AN-RC shall keep COM16to and
accurate reaps and records on its operations U040V and
in connection with this Agreement. The VXWAU Map
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require the keeping of additional records or maps which
are reasonably necessary for purposes of identifying,
accounting for, and reporting, changes in the
Telecommunication System for purposes of Section 15 of �
this Agreement. AN-RC shall keep its maps and records
in such a wad that separate and specific identification
of cables, fiber optic . cables or other types of
Telecommunication Equipment that constitute AN-RC's
Telecommmicatioh Syatem are available by facility type I�
within the Agreement area.
(c) Additional Records. ' The VILLAGE sha have the power
to require that AN-RC report port to the VILLAGE such
information relating' to AtN RC as the VILLAGE may
consider useful in the' identifying, accounting for, and
reporting of Teleco=mmicetion System changes for the
purposes of Section 15 of this Agreement. The VILLAGE
shall have the right to establish forms for all
reports, determine the time for reports and tha
frequency with which any reports are to be made, and ill
require that 'any reports be made under oath.. The
requests for additional records shall be reasonable.
(d) Examination and Audit of Records. The VILLAGE shall
have the right, at reasonable times and for reasonable
Purposes, to examine, audit, review, ad or obtain
oapies of the documents, maps, pig" and other records
Of AN-RC pertaining to this Agreement. AN-RC shall
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fully cooperate in making available its records and
otherwise assisting in these activities.
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(e) inquiries. The VILLAGE may at any time, make
inquiries pertaining to this Agre went relating to
AN-RC's operation of a Telecommunications Services within i
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the VILLAGE. AN-RC shall respond to such inquiries
within five (5) working days of an inquiry. j
(f) Annual Report. Annually, on or before the first day. of ;I
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January of each year during the term of this Agreement,
AN-RC shall file with the VILLAGE a< corrected list of
, Facilities, and an up-to-data may of the
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Telecommunication' System, showing all Facilities newly
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installed, extended or removed during the previous f
calendar year, as well as those currently in use.
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(g) _ Filings. Copies of all petitions, applications,
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communications and reports submitted by AN-RC to the
Federal Communications Commission, the Illinois
Commerce Commission or any other regulatory agency, in
respect to any matters affecting the Facilities located
rwithin the VILLAGE's Public Property and/or with
respect to compensation due under this Agreement, shall
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be provided to the VILLAGE, or its designee, when such
documents are filed with the agency.
Section Y2. RULR5 AMD RRGULATIOU86
After reasonable notice and gearing, the corporate
authorities of the VILLA" may est&bltsh such rujoa aud
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regulations as may be in the public interest regarding the
construction and operation of AN-RC's Telecomeunication
System within the VILLAGE.
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Motion 13. LIABILITY AND INDENNIMATICK.
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(a) AN-RC shall, at its own expense, defend all suits and
any subrogated actions that may be brought against the
VILLAGE on account of or in connection with the alleged
violation by AN-RC of any of the obligations hereby
imposed upon or assumed by it, or by reason of or in i
connection with any damage to life, limb or property as
a result of existence, construction, repair, inspection
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or disrepair of any Telecommunication Equipment under
its ownership or control, or from the construction,
repair, inspection, or disrepair of Public Property in
connection with any Telecommunication Equipment under I
its ownership or control. AN-RC shall save and keep
harmless the VILLAGE from any and all injury, damages,
claim, demand, suit, judgments, costs and expenses of
every kind, that may arise by reason thereof; and
whether such acts or omissions are those of ANA-RC,
whether or not any such act or emission is authorized, I�
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timely notice in writing shall be given to AN-R4 of any i
claim or suit against tact YTLAU Which by the term
hereof AN-RD shall be obligated to defends and
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provided, further, that the VILLAGE shall furnish to
AN-RC all inforwition in its possession relating to �!
said claim or suit, and cooperate with AN-RC in the
defense of said claim or suit. The VILLAGE may, if it
so desires, assist in defending any such claim or suit
and AN-RC shall not be required to reimburse the
VILLAGE for expenses incurred by it in case of the
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election to so assist. If, however, AN-RC refuses to
defend the VILLAGE when it is so obligated, AN-RC shall
bear any costs incurred by the VILLAGE in such defense.
(b) Except as specifically set forth in subsection (a)
above, AN-RC shall pay and by its acceptance of this !I
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Agreement shall be deemed to have specifically agreed
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that it will pay all reasonable expenses incurred by
the VILLAGE in defending itself with regard to all
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claims mentioned in subsection (a) above. These
expenses shall include all out-of-pocket expenses, such
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as attorneys' fees, and shall also include the
reasonable value to any services rendered by any
employee of the VILLAGE.
(c) AN-RC shall maintain at its own expense, and by its
acceptance of this Agreement shall be' deemed to have
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specifically agreed that- it will maintain throughout, ii
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the term of this Agreement, general caw ive
liability insurance insuring the VILLAU aW AN-1[C with
regard to any claims mentioned in subsection (a) above II
in the minim= amounts of�
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(1) Five Million Dollars ($5,000,000) combined single
limit per occurrence bodily injury.
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(2) Five billion Dollars ($5,000,000) for property
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damage, resulting from one accident.
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3 Five Million Dollars ($5,000,000) for automobile
liability resulting from any one occurrence;
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(4) During any period of construction, adequate l
coverage to meet liability under the Illinois
Structural Work Act; II
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(5) Workers Compensation Insurance within statutory
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limits and Employers Liability Insurance of not
less than one Hundred Thousand Dollars(;100,000) .
All policies of insurance required by this Section
shall be placed with companies which are qualified to
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write insurance in the State of Illinois by the I'
Illinois Director of Insurance and which maintain
throughout the policy term a General rating of "A" and
a Financial Site Category of "XV" as determined by the
A. N. Best Company. No insurance policy which provides
for a dedduotible in excess of Two Sundred Fifty
Thousand 0250,000) Dollars *ball be accepted to meet
the requirements of this awtion.
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(d) All insurance policies and bonds required by this
Sectir�n shall contain a provision requiring at least
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thirty (30) days written notice to both the VILLAGE and
AN-RC of any cancellation, termination, or other it
expiration and shall provide that no such cancellation,
termination or expiration shall be effective prior to
such notice. Every such insurance policy and any i
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required bond must be approved by the Village Attorney
and of the. VILLAGE and copies of such documents, along
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with written evidence of payment by AN-RC of required
premiums or fees 'shall be filed and maintained with the i
Village Clerk.
Section 14. M.
in consideration of the rights granted by this Agreement,
AN-RC shall pay to the VILLAGE a fee equal to ten percent II
(10%) of the actual cost of Construction of the authorized
facilities, payable in three annual instalments for the
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first three years of this agreement, as verified through
appropriate documentation provided to the VILLAGE by AN-RC-
In addition, AN-RC shall pay the actual costs incurred by
the VILLAGE for legal and engineering inspection and review
services. Such fee shall be inclusive of all applicable
fees and charges required under the VILLAGRIS ordinances.
in addition, AN-RC shall provide telecommunications services
to VILLAGNIS municipal buildings on Jorie Aoulevard,
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Enterprise Drive and Oak Brook Road at no cost to the
VILLAGE.
Section 15. ADJUSTMENT' of F .
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The amount of the fee set forth in Section 14 shall increase
to the highest rate that AN-RC` is paying any other
municipality or franchising authority located wholly or
partially within the State of Illinois anytime during the
period of this License Agreement. For purposes of this
section, tees paid by any, affiliate, subsidiary,
Partnership'.. or wholly wned
Y corporation related to AN-RC
shall be deemed payable by AN-RC so as to trigger an
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increase in the amount paid to the VILLAGE. Any successor,
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lessee, or assignee shall be bound by all fee increases and
by the provisions of this section.
A change in the amount of the license fee shall go into
effect on the date of approval by any other-municipality or
franchising authority as Outlined above relative to AN-RC.
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To facilitate implementation of this section, AN-RC shall,
within 15 days after their
passage, send to the Village a
certified copy of all ordinances or resolution* granting to
AN-RC, as hersinabova defined, a franctise or license within
the State of Illinois.
In the event that Illinois dill Telephone day ,r i,ves;
revised ccx"AU&tion terms WhLch retloot pant of a ss
Enterprise Drive and Oak Brook Road at no cost to the
VILLAGE.
Section 15. ADJUSTMENT OF FRE.
The amount of the fee not forth in Section 14 shall increase
to the highest rate that AN-RC° is paying any other
municipality or franchising authority located wholly or
Partially within the State of Illinois anytime during the �
period of this License Agreement. For purposes of this
section, tees paid by any Affiliate, subsidiary,
partnership, or wholly owned corporation. related to AN-RCS
shall be deemed payable by AN-RC ' so as to trigger an
increase in the amount, paid to the VILLAGE. Any successor,
lessee, or assignee shall be bound by all fee increases and
by the provisions of this section.
A change in the amount of the license fee shall go into
effect on the date of approval by any other -municipality or
franchising authority as' outlined above relative to AN-RC. �
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To facilitate implementation of this section, AN-RC shall,
within 15 days after their passage, send to they Village a
certified copy of all ordinances or resolutions granting to
AN-RC, as hereinabove defined, a franchise or license Within
the state of Illinois.
In the event that Illinois Aill Telephone Ccipany .receivee
reviMA COMPOnsation tars WhLah rotlect pa nt of a WrMs
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receipts tax to the Village, AN-RC ag'ees to piy t same
rate. Upon passage of a new ordinance which contains the
new rate structure for Illinois. Bell Telephone Cawpany.
Aid-RC shall thereafter replace the compensation terms
stated in Section 14 of this ordinance with the new
compensation terms.. in the interest of fairness and
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uniformity, the new terms of compensation shall not be
applied prospectively from that .date of passage.
SO-,cti2n 16 RFFECTIVE DATE.
This Agreement shall become effective upon its approval and
execution by `authorized representatives of the Parties.
Section 174 TERM OF 'LICWSE EXTRNSION - TERMINATION.
The rights granted by this Agreement shall extend only for a
term of ten (10) years from the effective date hereof. This
Agreement may be automatically renewed for five (5) years
upon notice by AN-RC to the VILLAGE at least one year prior
to its expiration. Upon receipt of said notice, the VILL&GE
reserves the right to review and renegotiate the terms
hereof.
This Agreement may be terminated by sixty (60) days prior
written notice by the VILLA X to AN-RC upon default by AN-RC of
any of the prc visions contained herein.
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During said sixty (60) day period AK-RC shall, with due
dili47ence, cure said default and provided AN-RC is responding in
due diligence to cure said default, this Agreement shall remain
valid provided that any default shall be deemed uncured if
existing 120 days or more from the date of said notice.
IN WITNESS WHEREOF, the. parties have caused this Agreement
to be signed by their authorized representatives on or before the �
date first mentioned above
VILLAGE OF OAXBRO0 ACCESS NET -- RESEARCH
CORRIDOR, INC.
By
age, Pres 'tit t e
ATTEST a ATTEST:
d AAdd.tt.dr�
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"ginning at the northeast boundary of the village, of oak
Brook and• th �south boundarryy ofethe Village Of Oak Brook;�
Tollaay to
and than west :along 31st street to where the western boundary of
the village of Oak Brook intersects With 31st Street,
and then north alone the western boundary to the Point Where the
western boundary intersects with the 1pft-Kest Tollway,. Routa 5;
and then east alonq the south Bide of the Bast-hest Tollway, Routs
5 to the intersection of the Zest-West Tollway, Route 5 and Mayers
Roads
and then north along Meyers Road to the north side of the East-Wsst
Toilaay Roo* 5; II
and then vest along the East-Mast Tollway, Route 5 to the point
where the northwest boundary and the East-West T011vaY, Route 5
intersect
and then north along the northwest boundary to the point � the
northwest boundary-1 and Butterfield Road intersect;
and then along Butterfield Road to the point Where the northern
boundary and Butterf ield Road interiect;
and`'then south to the point where the northern boundary and 221
street intersect;
and then east alonq' 22nd Street to the point where the dorthern
boundary proceeds north, then east and intersects with Midwest
Road;
and then north alcnq Midwest Road to the intersection of Midwest
Road and Butterfield Road;
and then along Butterfield Road to the point where the northern
boundary turns south;
and then south along the northern boundary to the point where the
northern boundary intersects with 22nd streets
and then east along 22n4 Street to the interaeeeotion of 22nd Street
I!
and Illinois Route 53;
i�
i
i�
r ,
invis RQUt* 3 * p o t , for
and than prtb =]a b t � tit �
�sth ads 111 than my .11 I nor halroo I
abd 16th street;
to the intrrsact._,_o�t or the nlirt tern bolt
and t4 son'. west along 16th Street to th+s intersoction' of 16th Stmt
and Nonta=ey Avanue;
and -then. north along Mot*Orr=�*:'s:otu:d=; .point whirr Konterrsy
Avenue izersects with
and then along the norther bp�uuredary proar+sdeast, thrush
and then east» to the point wnatr the northerny intracts
with West hzontage, Road;
and then north al'ang°West frontage Road to th ie po t qh+ ace Rest
g'rontaga Road intsraects with the northern, boundary; ,
and then ocardinq ,aloe the northern bow a "y east; then north,
then ra$t tt 3nc;atht. a 6Aq', Salt Creek,, tb �t than north. to
the Post where, tlX+ notaa�n�n lcaundary intrasrcts
with Roosevelt
Rid
and then e*tr kin q Ro+p$ovelt Road to the point where Rco *Vslt
Road' intar**ou frith the northern boundary;
and therh"pro�r i g along the northern boundary south, then asst to
the groin a;h s the northern boundary intersects with the Zest-West
TOO hway,
and then along the East-West Tcdllway, Route 5 to the point where
the East-Wes' y'Tollway, Eouto 5 intersects-With the northern
boundary;
and then along the northern boundary to the point where the north-
eastern t —us of the Villaqe of oak Brook pxoa+ireds $Guth*
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ACCESS NET - RESEA CH CORRIDOR Wqi hts-of-Way
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VILLAGE OF OAK BROOK
MINUTES OF THE REGULAR OXE".TWG
September 13, 1989
CALL MEETING TO ORDER
The Regular Meeting of -the Board of Trustees was called to order by president
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:10 D.M.
I. ROLL CALL:
PRESENT: Presidant Wence F. nerne
Trustees Garry J. Rartscki
Karen H. Bushy
Walter C. Imrie
Ronald P. Maher
Joseph H. Rush
H. Richard Winters
ABSENT: None
PLEDGE TO THE FLAG
II. APPROVAL OF MINUTESt
Tru-tee Imrie moved, seconded by Trustee Bartecki...
That the Minutes of the Regular Meeting of August 2% 1988 be approved as
presented and naive reading of same.
VOICE VOTE: All present, in favor. So ordered.
III./O`R\DINANCES AND RESOLUTIONS:
A.) RESOLUTION NO. R-459 A RESOLUTION GRANTING TO ACCESS N1R - ROMAR^H
CORRIDOR, INC. CERTAIN RIOHTS TO INSTALL FIHL'R OFTIU CARLF IN TRIG
VILLAGE-07 OAK BROOK, DU PAGE AND COOK COUNTT&4 ILLINOIS.
Discussed and direction given at the Regular Meeting of August 21, 1
1988. l
i
Trustee Imrie moved, seconded by Trustee Rush...
To pass Resolution No. R-459 as presented and waive the xtiill resAina
thereof, j
i
ROLL CALL VOTE: Ayes: Trustees Bartecki, Imrie, Maher, Rush
and President Cerne.
Hays: Trustee Bushy
Absent: None
Abstain: Trustee Winters So ordered.
B. RDINAWC3 10q S-6 OgplWal 21AVTWC A rLOOD PLATT 3PM4TAL if”
A TnWX D . W*
t
Discussed and direction given at the Regular Meeting of August- Pl,
Igoe.
Trustee Winters shoved, seconded by Trustee Narteoki...
To pass Ordinance No. 9-64p as presented and wawa the i'1t11 resAinR
thereof.
NOLL CALL VOTIt Ayest Trustees lkrtecki, Rue", yerie, ngher, %xh, Wl"torx
and President earn*.
Mayes None
Absents Mann no O"ior*i.
VILLAGI Of OAK MNOOK Minutes R1* aeptombor 11, l"
FAX 3MMM20
Sept amber 12, 19
Mr. lahn
Village K Oak Brad
1200 Oak Brook Read
Oak Brook, Illinois 60521
-N I S Franchise with the Village of oak Brook
Dear
Pursuant vqi8jons III the franchise granted Access
Research Corridor (AN-PQ , the riqtis are assignable
Armissicu Of 00 QUM. hacardingly, I wn requesting that this
franchise and the rights thereunder, assigned to DiGINET
Communications, Inc. Midwest ("° I O) DIGINET is desirous
of purchasing the asmstS. at AN-RC order to camplete its business
plan of Wilding n netwurks.
T® he*dquarteredt in Kilwaukne, is one first providers
of .-n :vs 10cal acceSs services in the country. DIGINET was
incorporated in 1982 in state of Wisconsin by Harold Sawpson'
U Mal estate dwyeloper has been leader in the
telecomaunications industry since 1971. Tha company is privAtely
owned by Mr. Snupson.
DXGINET currently hperatas as a caWerus carrier from Milwaukee
to Chicago t i , private :dine oar-vices. acquired,
rights-of-way : Chicago WoUbwast Railroad and built thin
privatoly amned Mon o tic network to connect tho wainass centers
in chicaqa and MilvauhAa. DICTUPT expanded its business operationo
and constr4ctak ard opexates alternative local accons orka in
anbuthmv Qtuork to e in operation W X bu Korthlr ook, T i n p i
vith zmrvice sxPsutad to begin November 1 , 1990,.
, 1990
Page
=A_ tj to oxpandl its waburban rietwork to includo
of Oak Brook. I have c, pertinent information about the principals, xaps.
` ley ssig .__ - `F Q ordinanco
to .. I will be at your dispaxal to answer questions, or
whatever it taken to qMt this accomplished.
Jcbnp an a voice frra. your past, I look forward to warkinq with you
again and to bringing `,
sincerely,
Inca
Tricia Breckenridge
Vice .dealt
External Affairs
Incloaures
at 4
12, Lm-Wa
a C 0 x x 0 x a IRMNOW22 ASAWN A%
17790 vast *and xidg* circle
varmsep Illinois 60021
septembar 19, 1990
Mr. Joha Brachin
Village of Oak Wook
1200 Oak Brook Road
Oak BrooXf 11100is W21
Dear dohn:
On behalf or Access: Not -- Research Corridor ("AN-RC") X
requesting that W Village of Oak Brook assign the rights in our
franchise agrvement to DIGINET Commanications, Inc. Midwest.
Thank you for your consi4eration in this matter.
Sincerely,
Tricia Brackenridge
President
TB/sp
VILLACHE OF GAK BROOK
1200 OAK BROOK' ROAD
OAK BROOK, ILLINOIS 60521 -2255
September 19, 1990 708 990- 10X`
MEMO TO: Stephen Berley, Village Manager
FROM: Jbhn H. Brechin, Village Attornev.
SUBJECT: AN-RC Franchise
As you may recall on September 13, 19s8, thp village entered into a franchise
(license agreement) with AN-Ar, an Illinois corporation. The purpose of the
license agreement was to to AN-PC to install fiber optic cables in the
Village. Attached is a copy of a letter dated September 12, 1990, requestirnIg
assignment of those rights to another corporation, WgW0 Such an
assignment is permitted under Section 6 of our agreement.
I have asked Tricia Breckenridge to verify that AN-RC is making this request
since they are the present licensee. Once this formality is received, 1
believe it would be appropriate to plava Wis matter on the next available
village agenda fu- their consideration of the assignment.
In the interim, you may wish to make an inventory to determine whathter or nat
A&W is in default of any of the other relevant provisions of the reement
including its required payments.
Respectful . ubmitted,
-hn Drechin
Vil 1, ttorney
jHWOPC
Attacbman't
osAnrc
q6j
VILLACE., BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 17, 1990
70a 990-000,
: Village President and of Trustees
SU0JSCTi Reassignment of Access Network-Research CorridoL (AN-RC)
to Diginot Communications, Inc. - Midwest i i
RECOMMEPDATX00 That the ill g President and Board of . ,tees i c hh
Village Attorney to prepare the necessary documentation
approving the reassignment of franchiae rights
to i in for the Installation of fiber i l within
the Village
on September 13, 1988, the village entered into franchise agreement with AURC
for the installation of fiber i cables lon certain public ways within Whe
Village (see enclosed map). The actual construction of this fiber optic network
AN-RC by was never begun. AN-RC ham now acted that its franchise rights be
ismigned to Diginet. This reaesignment of rights is allowable under cti n 6 of
the agreement. Diginet, headquartered in Milwaukee, is planning to construct *nd
tie r several subnrban metworks with downtown Chidago. Oak Brook's
commercial coamunity would be part of this networY
An invantory of Village records indicates that AN-RC not in arrears to the
Village for any franwhise or ins tin fees since conatru tin was never bogun,
Vin co ham spoken with Attorney hin who agreed that this proced"re in correct..
Since there in no n if the Board approves the rcc , the
assignment to Digi at can be made,
Aeopectfully submitted,
I
b i
stephan sertayt
villsge Panaqpr
a
Voice Vote: all ayea, no Heys. Motion cirri .
Trustee Bushy moved, seconded by Trustee u u direct the Village
Attorney to prepare the necessary documentation approving the
reassignment of franchise rights from -RC to Diginot for tho
installation of fiber optic cables within the village- "ca Vo
all ayes, no nays, except Trusts* WKtOrc who abstained due to
employment y Xllinois Sell. Hbtion carried®
a% .. f _ i Lice c 3. v isin,R b ��
Trustee s moved, seconded by Trustee Bushy to concur with President
Corn , Local Liquor commissioner, and authorize to issuaacs Of
one- y Cl "D" Liquor License at a cost of $100.00 to Colin Reaves
Cuisine, Inc., caterer, for ,Crate & sarrells even: to tm hold November
7, 1990, subject to proof of appropriate insurance and paymant of the
required license fee. voice tote: all ayes, no nays. io" carried.
_in fog doo ` i
Trustee Rusty moved, co d d by Trustee Sartecki to reduce the Strict
Joint Order Escrow Ro. 1104874 from Chicago Title & Trust company by
the cunt of $142,790.00 for the Buck/Ernie , l 2nd Resubdivision
Security. X011 Call Vote:
Ayes 7�=- tOc i, is try, � '�yo�iotx,
Winters and President Cerise
yr O-None
Absent: -None
Motion carried.
H. cif. Mc Vi?a 5 Le
pans the Nodal TobaccO
Trustee Bushy MOW, seconded by Trustpe Rush tO
Ordinance, s;dinan o. G-455, "An ordinance Amending The Code Of
ordinances Of The Village Of oak grook Adding Now Article V
Regulation Of Tobacco Products" an premen d and include 5000
licanno f (Saction 8-191) Hall Call Vets
winterm and Prosident Corn
N y s m-Non
motion carried.
nrxnannum was to OL UY thm 074 thn Village's I me ea =-
pactinipating In the develorawnt, t r . #'"A , ASIA
VILLAGE OF OAK BROOK
200 OAK BROOK ROAD?
OAK ROOK, ILLINOIS 60521
Novembmr 15, 1990 708 490-3
® Tricia Breckarxidge
Vice President
440 South LaSalle
Chicago, Illinois 60605
Dear Mo. Brackenridge:
The Village President Boated of Trustees, at, their ROgUlar YAWting of
October , 1990, approved the reammignatent of franchise .. ; . i bi s
irom Access Network-Resoarch Corridor to Diginst C-00municatiOne, Inc.-Midwest
for the installation of fiber optic cables within ill cZ Oak Brock.
Should viv and questions or commentx about this matter, picame contact
me at your earliest c v i .
sincerely,
ear:
village Manager �.
an/jr
x1-