S-640 - 06/18/1988 - AGREEMENT - Ordinances ORDINANCE MO. S- 640
VILLAM OF
WHEREAS, Ameritech Communications, inc., (hereinafter "ACI"), is engaged
Lu the business of selling, installing, and maintaining telecommunication and
information systems, including component parts such &s fiber optic cable; and
WHEREAS, A(-.[ has requested the Village of Oak Brook to permit ACI and its
ageiits, to install and maintain certain telecoamamicatiOn and information
systems, including but not limited to underground fi0er optic cables, in,
ur-der, across, along, and through portions of certain Public Ways and Streets
of the Village of Oak Brook for the limited purpose of allowing the McDonald's
Corporation ("McDonald's") to connect and operate its telecommunication and
information systems between its two Oak Brook locations; 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 ACI a licen4e to use certain Public Ways and Streets and such existing
facilities located there'n for the purposes set forth in, and aubject to the
terms and conditions of, the LicAnse Agreement attached hereto as Exhibit 1;
NOW, THEREFORE, be it ordained by the President and Board of Trustees of
the village of Oak Brook, Dup-Age and Cook Counties, Illinois as follows:
section 1. rhe Village of Oak Brook hereby grants to ACI, its
successors, assigns, representatives, and agents the right to construct,
install, oferate, repair, maintain, replace, and remove in, under, across,
along, and through certain Public Ways and streets of the Village undergrcAmd
communication cables (including but nct jimitej to fiber optic cables),
conduits, access manholes, and all associated appurtenance,s in accordance with
and subliect to the terms and provisions of, the Limse.Nreement attached
rec
hereto labelled Exhibit-1 and hereby made a part h
Section 2. The Village President and Village Clerk are hereby authorized
and directed to exacute the 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
t? -s Ordinance shall be of no force or effect unless and until the License
Agreement is fully executed by ACI and the Consideration set forth in the said
Agreement is paid to the Villacy-
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PASSED THIS 18th day of June 1988.
Ayes: Trustees Bartecki, Bushy, 1xie, Maher and Rush
Nays: None
Absent: None
Abstain: Trustee Winters
Ordinance Aka, S-640
Psi Cv.dinance Granting To Ameritech
Inc., C`.ertaln R-ights To install
Fiber Optic Cable in `Phe village
Of Oak Brook, Du Pager And Crook
Mounties, Illinois
APPROVED THIS � len day of June ZW ..K
mom• T
vs?1a Clerk
Approved as to .Form:
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LICENSE AGREEM�
5. 640
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THIS AGREEMENT entered into this �� day of
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1485, by and between the Villata of Oak brook, an Illinois i
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municipal corporation ("the Village"), and Ameritech Communica-
tions, Inc. , a Delaware corporation havings its principal place
of business in Chicago, Illinois:
E WITNESSETH-
t
WHEREAS, ACI is engaged in the business of selling, in=
stalling, and maintaining telecommunication and information
systems, including component parts such as fiber optic cable;
and
WHEREAS, ACI Las requested the Village of Oak * Brook to
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permit ACI and its agents, representatives, successor*, and it
assigns to install and maintain certain telecommunication and
information . ,vystems, including but not limited to underground
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fiber optic cables, in, under, across, along, and through
portions of the Public Ways and Streets of the Village of Oak
Brook described in Exhibit A attached hereto ("the Designated
gn ed
Public Ways and Streets") for the sole purpose of allowing the
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McDonald's Corporation ("McDonald's") to connect and operate its
telecommunication and information systems between its two Oak
Brook locations; and
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AM C#
WHEREAS, pursuant to Ordinance No. 5-(040 cof the Village
of Oak Brook, the Village has granted ACI a license to use the
Designated Public Woya Z.-Ads Streets for the purposes, and subject
to the terms and conditions, hereinafter not forth; �
r;
NOW, THEREFORE, in consideration of the mutual cover,!*nts I!
contained herein, the parties hereto agreed an follows:
Section I. The foregoing recitals are hereby incorporated
herein an if fully set forth.
Section 2. (a. The Village hereby grants to ACI, its
successors, assigns, representatives, and agents (hereinafter
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collectively referred to as "LicRnsee") the right to construct,
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install, operate, repair, maintain, replace, and remove in,
under, across, along, and through the Designated Public Ways and
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Streets of the Village underground communication cables (includ-
ing but not limited to fiber optic cables), conduits, access II
manholes, and all associated appurtenances (hereinafter collect-
ively referred to as "the Authorized Facilities") solely in
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order to connect the telecommunication and information systems
of McDonald' s (hereinafter "the McDonald's system") for purposes
of transmitting, receiving, and distributing telecommunications
and other information, including but not limited to voice, data,
video, facsimile, alarm and meter reading signals, and other
forms of intelligence, through the M •Donald's system only. All
cables installed in the Designated "Public Ways and Straets shall
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be underground.
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(b)
Ti�1: II.uthorized facilities shall not be used for
transi+nitti nq, receiving,
or distributing telecommunications and
other information throe'Th, between
or am�n9 any system other
than
the t+lcDonald' s syste m. unless and until the Licensee has
first obtained additional authori zation from the Yillmge for �I
ended use, which authorization shall be
subject
such new or exp
the Village that are
rules and regulations of � (
to any ordinances, ! i
applicable to such new or expanded use.
c) The Authorized Facilities shall be constructed in
(
accordance with the requirements of and under the supervi: od
the Village' s Public Work �n
s and Engineering Departments,o �.`4
t►;e desians end
with eci#icatf ons
substantial conformity .
shed hereto ms Exhibit B and by th ws reference made a part
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cotta material and
hereof. Such construction shall not cause any i�
prolonged interference with any
existing sur race or subsurface
structures, and the Authorized Facilities shall. be maintained in
stru
accordance with
all ordinances of the Vi ,age and regulations of
Departments
its Pub governing the
lic Works i
and Engineering I'
maintenance of underground structures and
construction and
facilities.
I.
Licensee's work in connection with the installa-
td) inter-
tion of the Authorized Facilities shall not unreasonably 0 lie
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upon on the Designated Pub
fere_ with ordinary travel along
Streets, and Licensee shall maintain such barriers,
W a y s and construction l
signals, or other protective devices during
any
related to
the Authorized Facilities as will reasonably protect
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the health and safety of the public. in addition, upon Comple-
ti
on of
the installation of the Authorized Facilities, Uctnsee
shall restore the surface of any Designated Public Way or Street
disturbed as a result thereof to the same condition that such
surface was in prior to the commencement of such installation.
Section 3. In the event that the Authorized Facilities
must be relocated to accommodate a public improvement or facili-
ty constructed by the village, the Public Works and Engineering
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Departments shall notify the Licensee that the Authorized
Facilities must be relocated. Such notice shall be delivered at
e the date that instal-
lation of or construction on such public improvement or facility
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will commence. Within one hundred eighty (280) days after
delivery of such notice, Licensee shall relocate the Authorized j
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Facilities and restore the Designated Public Ways and Streets to
the then existing condition, without expense to the village. In
the event that Licensee is required to remove the Authorized
Facilities at the request of the village, the Public Works and
Engineering Departments shall cooperate with Licensee in order !'
g g �
to identify alternative rights-of-way for the relocation of the
Authorized Faciliti<ss which may be utilized without unreasonable
inconvenience. Upon authorization of any such alternative
right-of-way by the Public Works and Engineering Department such
alternative right-of-way shall, for all purposes, be deemed to II
be part of the Designated Public Ways and Streets, the same as
if expressly identified in Exhibit A.
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-(04C
Section 4r. The rights and privileges granted by this iI
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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
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Departments and in form satisfactory to the Village Attorney to
insure the compliance with all the terms and conditions of this
Agreement and to protect and to indemnify the Village from and
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against all damages or claims for damages that way arise direct-
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ly or indirectly as a result of the construction, installation,
repair, :maintenance, replacement and removal of the Authorized
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Facilities; and
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(b) Securing the approval of the Public Works and
Engineering Departments and any other govesrrsmental agency of all
underground construction as being in compliance with applicable
federal, state, and local laws, ordinances, and regulations; and �I
(c) Assuming the coat of all changes and adjustments
to, and relocation and abandonment of the Authorised Facilities;
and
(d) Maintaining public liability and property damage j
insurance, naming the Village as an additional insured, in
amounts of not less than $504,000.0£3 per occurrence and
$2,000,000.00 in aggregate.
Section 5. ACI may assign any or all of its. sights and,
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obligations established by this Agreement without the written
consent of the Village; provided, however, that ACI shall remain
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fully obligated and responsible under the terms of this II
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—(.04-0
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Agreement unless the village gives its written consent to an
assignment of ACI' s rights and obligation. Notwithstanding
anything in this Section S to the contrary, any assignment of
all or any portion of ACI's rights and obligations under this ,
Agreement to McDonald's pursuant to - tri eten agreement enforce-
able by the village in which McDonald's agrees fully to assume
all or any portion of ACI's rights and obligations under, and to
be bound by the terms and provisions of, this Agreement shall
release ACI of such rights and obligations to the full extent of
such assignment and assumption.
Section 6. In consideration of the rights granted by this
Agreement, Licensee shall pay to the village a one-time fee in
the amount of $35,000-03 plus actual costs incurred by the
village for legal and engineering inspection and review servic-
es. Such fee shall be inclusive of all applicable fees and II
charges required under the village's ordinances.
Sectio:i ?. This Agreement shall become effective upon its
approval and execution by authorized representatives of the F'
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Parties.
Section S. The rights granted by this Agreement shall
extend only for a term of fifty (50) years from the effective
date hereof.
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4 IN WITNESS WHEREOF, the parties have caused this Agreement �
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to be signed by their authorized representative* on or before
the date first mentioned above.
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VILLAGE. OF O ROOK AMERITECH COMONICAVONS, ING.
By By '
Its Its lting (;
ATTEST: ATTEST:
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