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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __&- J.
Resolution No. 19-R-0017 — First Amendment To License
Agreement with Level 3 Communications, LLC
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: March 18, 2019
STAFF REVIEW: Robert E. Flatter, P.E., Director of Public Works SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman
SIGNATURE.
ITEM SUMMARY:
Attached is a First Amendment to the License Agreement with Level 3 Communications, LLC for use of City right-
of-way along Illinois Route 59 (Neltnor Boulevard), Illinois Route 64 (North Avenue), Atlantic Drive, Winston Street,
and Carolina Drive. Said Amendment modifies the License Agreement approved by City Council on July 17, 2017
(Resolution No. 17-R-0033). Since this company pays telecommunications tax as its fee for ROW rental, the City
can only recover its costs associated with plan review and inspection and the use of third party consultants, like the
City Attorney, (it would be different if the company were renting City property for a cell tower or other equipment).
ACTIONS PROPOSED:
Approval of Resolution No. 19-R-0017.
COMMITTEE RECOMMENDATION:
This item did not go to Committee, as it follows the same parameters previously approved by the City Council for
license agreements.

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RESOLUTION NO. 19-R-0017
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A CERTAIN FIRST AMENDMENT TO THE LICENSE AGREEMENT
WITH LEVEL 3 COMMUNICATIONS LLC. FOR USE OF CITY
RIGHT-OF-WAY ALONG ILLINOIS ROUTE 59 (NELTNOR BOULEVARD),
ILLINOIS ROUTE 64 (NORTH AVENUE), ATLANTIC DRIVE,
WINSTON STREET, AND CAROLINA DRIVE
BE IT RESOLVED by the City Council of the City of West Chicago, in
regular session assembled, that the Mayor is hereby authorized to execute a certain
First Amendment to the License Agreement for use of City right-of-way along Illinois
Route 59 (Neltnor Boulevard), Illinois Route 64 (North Avenue), Atlantic Drive,
Winston Street, and Carolina Drive, between the City of West Chicago and Level 3
Communications, LLC., in substantially the form attached hereto and incorporated
herein as Exhibit “A”.
APPROVED this 18" day of March, 2019
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith

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(Reserved For Recorder’s Use Only)
CITY OF WEST CHICAGO/LEVEL 3 COMMUNICATIONS, LLC
FIRST AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement (“Amendment”) is entered into this ___ day of
March, 2019 ("Effective Date"), by and between Level 3 Communications, LLC (“Licensee”)
and City of West Chicago, an Illinois municipal corporation, 475 Main Street, West Chicago,
Illinois 60185 (“Licensor”) (collectively, the “Parties”.
WHEREAS, Licensor and Licensee entered into that certain License Agreement on June
15, 2017 (the “Agreement”);
WHEREAS, the Parties desire to amend the Agreement to include reference of
additional “Road Right-of-way” owned by the Licensor and herein referenced (the “Subject
Property”).
WHEREAS, the Parties desire to amend the Agreement for additional installation,
construction, location, operation, and maintenance of telecommunication facilities under the
City’s right of way (the “Licensed Premises”) so that Licensee can provide additional
telecommunication services, subject to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants of the
Parties, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. All capitalized terms not expressly defined herein shall have the meaning ascribed
to such terms as specified in the Agreement.
2. Paragraph “A” in the Recitals of the Agreement shall be in its entirety replaced
with the following:
Licensor owns property commonly known as “Road Right-of-Way generally along Illinois Route
59 (Neltnor Boulevard) from a point approximately 560 feet north of Illinois Route 64 (North
Avenue) to Illinois Route 64, and then west along Illinois Route 64 to Marketing Drive;
Resolution 19-R-0017
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including along Atlantic Drive between to Illinois Route 64 and Winston Drive; including along
Winston Drive, and along Carolina Drive” which is located across, through or under the real
estate legally described in Exhibit “A”, attached hereto and incorporated herein by reference (the
“Subject Property”).
3. Exhibit “A” to the Agreement shall be in its entirety replaced with the Exhibit
“A” attached to this Amendment.
4. Exhibit “B” to the Agreement shall be amended to include and reference the
following engineering plan set(s), attached hereto and incorporated herein by reference:
a. Engineering plan set entitled “Address: 1240 North Ave., West Chicago, IL
60185, Project Name: 1240 North Ave. North Lateral, CLLI: SCHCILFU,
SOW#: 33061”, as prepared by Level (3) Communications, latest revision
#7 dated January 11, 2019, sheets of 34; and,
b. Engineering plan set entitled “Address: 1240 North Ave., West Chicago, IL
60185, Project Name: 1240 North Ave. South Lateral, CLLI: SCHCILFU,
SOW#: 33061”, as prepared by Level (3) Communications, latest revision
#8 dated January 11, 2019, sheets of 44 .
5. Entire Agreement. This Amendment, together with the Agreement, constitutes
the entire and final agreement and understanding between the Parties with respect to the subject
matter of this Amendment and supersedes all prior oral or written agreements relating to the
subject matter hereof, which are of no further force or effect. This Amendment may only be
modified or supplemented by an instrument in writing executed by each Party and delivered to
the Party relying on the writing.
6. Severability. If any term, covenant or condition contained herein is, to any
extent, held invalid or unenforceable in any respect under the laws governing this Amendment,
the remainder of this Amendment shall not be affected thereby, and each term, covenant or
condition of this Amendment shall be valid and enforceable to the fullest extent permitted by
law.
7, Counterparts. This Amendment may be executed in one or more counterparts,
all of which taken together shall constitute one and the same instrument.
8. Conflicts. Except as amended by this Amendment, all of the original terms and
provisions of the Agreement shall continue in full force and effect, and the Agreement is hereby
ratified and confirmed. In the event of any conflict between the terms of this Amendment and
the Agreement, the terms of this Amendment shall govern.
Resolution 19-R-0017
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first
above written.
LICENSEE, Level 3 Communications, LLC:
By:
Authorized Representative
Printed Name:
Title:
LICENSOR, City of West Chicago:
By:
Ruben Pineda, Mayor
City of West Chicago
Attest
By:
Nancy R. Smith, City Clerk
City of West Chicago
Resolution 19-R-0017
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Exhibit "A" to
CITY OF WEST CHICAGO/LEVEL 3 COMMUNICATIONS, LLC
FIRST AMENDMENT TO LICENSE AGREEMENT
1215 Carolina Drive, Level 3 Fiber Optic Installation, North Lateral
The build begins at an existing Abovenet handhole on the east side of Illinois Route 59 and 560
feet north of the north line of Illinois Route 64. Proceed south 18 feet from existing Abovenet
handhole and then cross from the east side of Illinois Route 59 to the west side, south on the west
side of Illinois Route 59 to Illinois Route 64, west on the north side of Illinois Route 64 to
Atlantic Drive, south along the west side of Atlantic Drive to Winston Street, west along the
north side of Winston Street crossing form the north side to the south side of Winston Street and
ending at an existing SBC handhole on the side of 1215 Carolina Drive.
1215 Carolina Drive, Level 3 Fiber Optic Installation, South Lateral
The build begins at an existing Abovenet handhole on the west side of Illinois Route 59 and 240
feet south of the south line of Main Street, proceed north on the west side of Illinois Route 59 to
Hawthorne Lane, west along the south side of Hawthorne Lane to 160 feet west of the west line
of Illinois Route 59 crossing Hawthorne Lane to the north side, west along the north side of
Hawthorne Lane to 170 feet east of the east line of Arbor Avenue crossing from the north side of
Hawthorne Lane to the south side of Hawthorne Lane, west along south side of Hawthorne Lane
crossing to the west side of Arbor Avenue, south on Arbor Avenue to existing SBC MH 68.
Proceed west on Hawthorne Lane in existing Level 3 cable in existing SBC conduit to Carolina
Drive, north on Carolina Drive in existing SBC conduit to a Wide Open West handhole, crossing
from the east side to the west side of Carolina Drive, north along the west side of Carolina Drive
for a distance of 1215 feet, crossing from the west side to the east side of Carolina Drive to an
existing SBC conduit in the front of 1215 Carolina Drive.
First Amendment: 1240 North Avenue, Level 3 Fiber Optic Installation, North Lateral
The work is proposed to begin at an existing AT&T/Level 3 handhole located at the southwest
corner of Illinois Route 59 and Illinois Route 64, proceed north to an existing AT&T handhole at
the northwest corner of Illinois Route 59 and Illinois Route 64, then south approximately 12 feet
where new Level 3 conduit will connect the existing AT&T handhole to new Level 3 handhole
placed over the existing Level 3 underground along the north side of Illinois Route 64. A new
48-count fiber optic cable will be pulled approximately 237 feet through the existing AT&T
conduit under Illinois Route 64, and approximately 2,520 feet through the existing Level 3
conduit along the north side of Illinois Route 64 to an existing Level 3 handhole near the
northeast corner of Illinois Route 64 and Atlantic Drive. From the existing Level 3
handhole near the northeast corner of Illinois Route 64 and Atlantic Drive, a new Level 3 conduit
and 48-count fiber optic cable will be installed approximately 2,142 feet along the north side of
Illinois Route 64 to the northwest corner of Illinois Route 64 and Marketing Drive. From said
intersection, construction of new Level 3 conduit and 48-count fiber optic cable will continue to
Resolution 19-R-0017
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the south along the west side of Marketing Drive approximately 1,077 feet and end at 1240
North Avenue.
First Amendment: 1240 North Avenue, Level 3 Fiber Optic Installation, South Lateral
The work is proposed to begin at 1240 North Avenue where new Level 3 conduit and 48-count
fiber optic cable will be installed approximately 1,098 feet along the east side of Marketing
Drive to the southeast corner of Illinois Route 64 and Marketing Drive, then proceed east along
the south side of Illinois Route 64 approximately 2,036 feet to the southwest corner of Illinois
Route 64 and Atlantic Drive where a new Level 3 handhole will be placed over the existing
Level 3 underground conduit. A new 48-count fiber optic cable will be pulled through one of the
existing Level 3 conduits heading south along the west side of Atlantic Drive approximately
4,211 feet to an existing Level 3 handhole at the northwest corner of Winston Street and Atlantic
Drive. The new construction of duct and fiber optic cable will extend from the said existing
handhole at the northwest corner of Winston Street and Atlantic Drive. From said
intersection/handhole, new 48-count fiber optic cable will be pulled through one of the existing
Level 3 conduits along the north side of Winston Street approximately 382 feet to an existing
Level 3 handhole. From this point new Level 3 conduit and 48-count fiber optic cable will be
installed approximately 382 along the north side of Winston Drive and west side of Carolina
Drive to an existing handhole near 1215 Carolina Drive.
Resolution 19-R-0017
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