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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- ! 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: r;e Att rney Pub I i shed Dater P.sper 40t Publishod XX �,. nx Haan;�.cam• c��+a sl�°°°, 6<1RIEO L]TILITIES r '' �'" , IN AREA r -ny s��,'>•r�(�'� / MULII M1Y.1 some oml{IM1.11fD., imm nt.: ❑ .. 1 BLVD sonic �., I Hutt[ - rrw•E '4 �'• ht�x GINSS: � I � p' PMTII ti 1 �� GMVGL ,'MHIb n MIN rl I'XnRiN ANO fA9 - i°' E'L"ENGTN W1MN ,V]N F°L C11.Ff NOTE VIl1AGE REQUEST Tbr:N4 r MW I N 6E AVMY'FY.UM WM1FR AS NUJI AS !L%16LE \$� ^TO Cb VC1 fMT Ib 4^ ,0 ® �� f SLITIIYJ' 1910 ILTI GTMO 1JllCT I'.\ff\IU I1111.1i1fS IN AREA II I';5 utl 4ENf -fnW �*t t Ip j��13Zeau.. 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'1 j T3 ril ❑ EX c s sc"pLL11En mW"q i mdr x xs �' Se�E •- Si+g4 ��< �`i i - 1 q � T A r¢r15u16rDti a_. - i RE F Re'RETgRV.atT.SN6ATH 3rsssrc.lf ooa aunt �, , � Z as' ye S LICENSE AGREEM� 5. 640 l THIS AGREEMENT entered into this �� day of �i 1485, by and between the Villata of Oak brook, an Illinois i i 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 I' 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 I 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 �I McDonald's Corporation ("McDonald's") to connect and operate its telecommunication and information systems between its two Oak Brook locations; and I i i 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 i collectively referred to as "LicRnsee") the right to construct, I install, operate, repair, maintain, replace, and remove in, under, across, along, and through the Designated Public Ways and i 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 i 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 i be underground. i 2 - (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 �I 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 r 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 3 - !I ,I � II 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 j i i 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 - r r will commence. Within one hundred eighty (280) days after delivery of such notice, Licensee shall relocate the Authorized j I 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. II ii - 4 - Ij I -(04C Section 4r. The rights and privileges granted by this iI �j 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 'I 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 h against all damages or claims for damages that way arise direct- 'I ly or indirectly as a result of the construction, installation, repair, :maintenance, replacement and removal of the Authorized i Facilities; and II f (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, j obligations established by this Agreement without the written consent of the Village; provided, however, that ACI shall remain I. fully obligated and responsible under the terms of this II Ij i —(.04-0 i,A I 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' I Parties. Section S. The rights granted by this Agreement shall extend only for a term of fifty (50) years from the effective date hereof. P j I 6 - I �I .(.4-0 0 4 IN WITNESS WHEREOF, the parties have caused this Agreement � i to be signed by their authorized representative* on or before the date first mentioned above. tP VILLAGE. OF O ROOK AMERITECH COMONICAVONS, ING. By By ' Its Its lting (; ATTEST: ATTEST: t \ a Y } I i i • I j I I ,I 7 - L