===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: se Downtown Facade Grant Program Agreement 122 Main Street FILE NUMBER: W.M. Lauhoff & Co. COMMITTEE AGENDA DATE: N/A Resolution No. 21-R-0040 COUNCIL AGENDA DATE: June 7, 2021 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE ITEM SUMMARY: W.M. Lauhoff & Co., as represented by Liam O’Brien, property owner of the building at 122 Main Street, has requested Fagade Grant Program funding for the purpose of replacing the building’s front brick fagade and replacing the rear exterior door. The proposed improvements are both eligible expenditures under the Program’s guidelines and complies with the City’s Building and Zoning Code regulations. W.M. Lauhoff & Co. submitted three (3) estimates each, for both the fagade and door projects. The estimates secured for the fagade project: (1) CJK Masonry for $12,000.00; (2) Tom’s K Masonry for $12,500.00; and St. Charles Masonry, Inc. for $17,000.00. The estimates secured for the rear door replacement project: A&G Glass and Mirror for $1,850.00; Glasshopper Schor Glass, LLC for $3,200.00; and Rainbow Glass & Trim Ltd. for $3,180.00. The City’s contribution is typically 50% of the lowest estimated cost(s), which in this instance is a combined $6,925.00. This amount is reflected in the Downtown Rehabilitation Fagade Program Agreement (“Grant Agreement”), a copy of which is included as Exhibit A of the attached Resolution. The funding for the Program comes from the downtown T.I.F. district, if sufficient funding is available for the Program. City staff determined that there are sufficient funds available to reimburse up to $6,925.00 to & W.M. Lauhoff Co., for the successful replacement of the aforementioned brick fagade replacement and exterior rear door replacement per the Program’s guidelines. ACTIONS PROPOSED: Consideration of an award of a Fagade Grant to W.M. Lauhoff & Co. in an amount not to exceed $6,925.00 to complete a brick fagade replacement and replacement of a rear exterior door per the attached scopes of work at 122 Main Street. A Resolution and Grant Agreement reflecting an amount of $6,925.00 are attached. COMMITTEE RECOMMENDATION: This item did not go to a committee. ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0040 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN DOWNTOWN FACADE GRANT PROGRAM AGREEMENT W.M. LAUHOFF & CO. — 122 MAIN STREET 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 Downtown Facade Grant Program Agreement by and between the W.M. Lauhoff Co. and the City of West Chicago, a copy of which is attached hereto and incorporated herein as Exhibit “A”. APPROVED this 7" day of June, 2021. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A to Resolution 21-R-0040 DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT This DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this day of , 2021, by and between the City of West Chicago, DuPage County, Illinois, an Illinois municipal corporation (hereinafter referred to as the "CITY") and W.M. Lauhoff & Co. (hereinafter referred to as the "APPLICANT") (the CITY and the APPLICANT are hereinafter collectively referred to as_ the "PARTIES"); WITNESSETH: WHEREAS, the APPLICANT is the owner of certain real property located at 122 Main Street in West Chicago, (hereinafter referred to as the "SUBJECT REALTY") and legally described on Exhibit "A", which is attached hereto and incorporated herein; and, WHEREAS, the SUBJECT REALTY is located within the CITY’S Downtown Redevelopment Project Area (hereinafter referred to as the "AREA"), duly established pursuant to the Tax Increment Allocation Redevelopment Act (hereinafter referred to as the "ACT"), 65 ILCS 5/11-74.4-1 et seq.; and, WHEREAS, Chapter 4, Article V of the CITY'S Code of Ordinances establishes specific rules and regulations with respect to the alteration of historic structures in the AREA; and, WHEREAS, Chapter 4 Article VI of the CITY’S Code of Ordinances establishes a facade program (hereinafter referred to as the “PROGRAM”) whereby the CITY may make financial contributions toward the cost of certain exterior improvements with respect to commercial structures located within the AREA; and, WHEREAS, the SUBJECT REALTY is improved with a commercial structure upon which the APPLICANT proposes to complete certain exterior improvements (hereinafter referred to as the "IMPROVEMENTS"), as detailed and depicted on the improvement plans and specifications (hereinafter referred to as the “PLANS”), which are attached hereto and incorporated herein as Exhibit "B"; and, WHEREAS, the APPLICANT has applied, pursuant to the PROGRAM, for a financial contribution from the CITY toward the cost of the IMPROVEMENTS as detailed and depicted on the PLANS; and, WHEREAS, the CITY has determined that it would further the achievement of the objectives of the AREA for the commercial structure located upon the SUBJECT REALTY to be improved as provided for on the PLANS and that said IMPROVEMENTS would qualify for financial contributions from the CITY pursuant to the PROGRAM; and, WHEREAS, the CITY desires the IMPROVEMENTS be completed on the SUBJECT REALTY and agrees to financially contribute toward such IMPROVEMENTS based on the terms and conditions of this AGREEMENT and the PROGRAM; and, WHEREAS, the APPLICANT desires to complete the IMPROVEMENTS in accordance with the terms and conditions of this AGREEMENT and the PROGRAM and desires to receive a financial contribution from the CITY for the completion of said IMPROVEMENTS. ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, on May 25, 2021 the CITY’S Historical Preservation Commission approved Certificate of Appropriateness No. 21-08 for the IMPROVEMENTS. NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, the PARTIES hereto agree as follows: ARTICLE I INCORPORATION OF RECITALS The PARTIES hereby confirm and admit the truth and validity of the representations and recitations set forth in the foregoing recitals. The PARTIES further acknowledge that the same are material to this AGREEMENT and are hereby incorporated into and made a part of this AGREEMENT as though they were fully set forth in this Article J and the same shall continue for so long as this AGREEMENT is of force and effect. ARTICLE II AUTHORITY This AGREEMENT is made and entered into by the PARTIES pursuant to and in accordance with the provisions of the ACT. ARTICLE Ii IMPROVEMENTS TO THE SUBJECT REALTY The APPLICANT shall complete the IMPROVEMENTS on the SUBJECT REALTY in accordance with the terms and conditions of this AGREEMENT and in full compliance with all applicable codes, ordinances, rules, regulations, permits and any conditions attached thereto, whether imposed by the CITY or any other unit of local govemment or any Federal, State or governmental agency having jurisdiction over the SUBJECT REALTY or any portion thereof, and shall complete the IMPROVEMENTS in a good and workmanlike manner. The APPLICANT shall furnish, or cause to be furnished, at his own expense, all the necessary materials, labor and equipment to complete the IMPROVEMENTS in accordance with the PLANS. The IMPROVEMENTS shall be subject to inspection by, and approval of, the CITY. The APPLICANT shall pay to the CITY all plan review, inspection and other fees, prior to the issuance of any required building permits for the IMPROVEMENTS on the SUBJECT REALTY, as required by the CITY'S Code of Ordinances. The APPLICANT shall complete the IMPROVEMENTS within twelve (12) months of the issuance of the building permit by the CITY for such IMPROVEMENTS. If the APPLICANT fails to complete the IMPROVEMENTS within the established timeframe the CITY may rescind the financial contribution agreed upon herein in this AGREEMENT. ARTICLE IV REDEVELOPMENT OF THE SUBJECT REALTY Upon the APPLICANT'S completion of the IMPROVEMENTS on the SUBJECT REALTY as provided hereinabove, the APPLICANT shall give notice of completion to the CITY, and shall provide the CITY with all receipts, sworn contractor statements and lien waivers (hereinafter referred to as the “DOCUMENTATION”) showing that all persons who have done work, or have furnished materials with respect to the IMPROVEMENTS, and might be entitled to a ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] lien therefore under any laws of the State of Illinois, have been paid in full for their work and are no longer entitled to such lien. The CITY shall inspect the IMPROVEMENTS as soon as practicable after receipt of the DOCUMENTATION, and if the IMPROVEMENTS are found to be in full compliance with the terms of this AGREEMENT and all applicable codes, ordinances, rules, regulations, permits and conditions as provided hereinabove, the CITY shall issue a final inspection report approving the IMPROVEMENTS. The City Council, following the issuance of said final inspection report and receipt of all of the required DOCUMENTATION, shall authorize payment of the CITY'S financial contribution toward the IMPROVEMENTS pursuant to the PROGRAM in an amount equal to the lesser of Six Thousand Nine Hundred and Twenty-Five Dollars and Zero Cents ($6,925.00), or one half of the amount actually paid by the APPLICANT for the IMPROVEMENTS, as indicated on the DOCUMENTATION submitted to the CITY, whichever is less. ARTICLE V TIME Time is of the essence under this AGREEMENT and all time limits set forth herein shall be mandatory and shall not be waived except by a lawfully authorized and executed written waiver amendment to this AGREEMENT by the PARTIES excusing such timely performance. ARTICLE VI AMENDMENTS This AGREEMENT sets forth all the promises, inducements, agreements, conditions and undertakings between the APPLICANT and the CITY relative to the IMPROVEMENTS identified herein this AGREEMENT, and there shall be no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than as herein set forth. No subsequent alteration, amendment, change or addition to this AGREEMENT shall be binding upon the PARTIES hereto unless authorized in accordance with the law and reduced in writing and signed by the PARTIES. However, whenever under the provisions of this AGREEMENT any notice or consent of the CITY or the APPLICANT is required, or the CITY or the APPLICANT is required to agree or to take some action at the request of the other, such approval or such consent of such request shall be given for the CITY, unless otherwise provided herein, by the Mayor or his designee and for the APPLICANT by the APPLICANT or any agent as the APPLICANT so authorizes. ARTICLE VII NOTICES All notices and requests required pursuant to this AGREEMENT shall be sent by certified mail as follows: To the APPLICANT: W.M. Lauhoff & Co. C/O Liam O’Brien 122 Main Street West Chicago, IL 60185 ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] To the CITY: City of West Chicago 475 Main Street West Chicago, Illinois 60185 or at such other addresses as either of the PARTIES may indicate in writing to the other either by personal delivery or by certified or registered mail, return receipt requested, with proof of delivery thereof. ARTICLE VIII GOVERNING LAWS This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Illinois. ARTICLE Ix COUNTERPARTS This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals on the date first above written. CITY OF WEST CHICAGO, an Illinois Municipal Corporation, By: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith By: Liam O’Brien ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Ruben Pineda, Mayor of the City of West Chicago, and Nancy M. Smith, City Clerk, personally known to me to be the same persons whose names are set forth on the foregoing instrument as such Mayor and City Clerk respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of said City, did affix the corporate seal of said City to said instrument, as her own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2021 Notary Public ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Liam O’Brien, personally known to me to be the same person whose name is set forth on the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of. , 2021. Notary Public ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A Legal Description: THAT PART OF LOT 4 OF THE TOWN OF JUNCTION (NOW WEST CHICAGO), ACCORDING TO THE PLAT THEREOF ESTABLISHED BY DECREE ENTERED ON MARCH 18, 1895 IN CASE NO. 4904, CIRCUIT COURT OF DUPAGE COUNTY, ILLINOIS, AND DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY LINE OF DEPOT STREET IN THE TOWN OF JUNCTION, AT A POINT WHERE THE LINE BETWEEN LOTS 3 AND 4, IN BLOCK 2, PROJECTED, WOULD INTERSECT SAID WESTERLY LINE OF DEPOT STREET; THENCE SOUTHERLY ON SAID LINE OF DEPOT STREET 27 1/2 FEET FOR A POINT OF BEGINNING; THENCE WESTERLY AT RIGHT ANGLES TO DEPOT STREET, 60.00 FEET; THENCE SOUTHEASTERLY PARALLEL TO SAID DEPOT STREET, 27 1/2 FEET; THENCE NORTHEASTERLY 60.00 FEET, TO A POINT ON THE WESTERLY LINE OF DEPOT STREET WHICH IS 27 1/2 FEET SOUTHEASTERLY OF THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF DEPOT STREET, 27 1/2 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF DEPOT STREET, 27 % FEET TO THE POINT OF BEGINNING, IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 122 Main Street P.LN.: 04-09-204-009 ===== PDF PAGE 74 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B (Insert PLANS here) 8 ===== PDF PAGE 75 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT "B" CITY OF WEST CHICAGO APPLICATION FOR FACADE IMPROVEMENT PROGRAM COAR BUILDING PERMIT# APPLICANT AND PROPERTY OWNER INFORMATION pate ReceIvep__| /Z | / lhe _— APPLICANT'S MAM TH Orie J Ul. i ) LaubtlE Vo. " APPLICANT'S ADDRESS 2 2 Masa ot. LZstE thie og Ze 607K APPLICANT'S TELEPHONE NUMBER ‘ 650. Bod. 2077 . ARE YOU THE PROPERTY OWNER? ZS_YES NO : IF SO, OWNERSHIP STATUS. - SOLE OWNER _X_ PARTNERSHIP i CORPORATION TRUST TARE YOU THE TENANT? _YES X_NO | IF SO, YEARS REMAINING ON LEASE? IF YOU ARE NOT THE PROPERTY OWNER, PLEASE PROVIDE: OWNER'S NAME. OWNER’S ADDRESS OWNER’S TELEPHONE NUMBER PROPERTY INFORMATION PROPERTY ADDRESS OF PROJECT I22 Mah st. West Cheng 0 Zc Eel KR LEGAL DESCRIPTION See Atachel Pht ot Survey BUSINESS NAME WM. Louuh FF lamer HISTORIC BUILDING NAME wines n//f ===== PDF PAGE 76 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO APPLICATION FOR FACADE IMPROVEMENT PROGRAM FUNDING AMOUNT OF GRANT REQUEST $ PAGE 3 _ITEMIZATION OF THE WORK TO BE PERFORMED TO MAKE THE NECESSARY REPAIRS DESCRIPTION ESTIMATED COST ARCHITECT “AWNINGS CHIMNEY CORNICE DOORS One Enteric Door FASCIA FLASHING GUTTERS _ LANDSCAPING $ an on [LIGHTING | PORCHES/RAILINGS ROOF _ $ ; PAINTING $ $ $ SIGNS SOFFIT WALLS WINDOWS $ $ STAIRS $ $ $ OO Brie k Front FEncadle TOTAL ===== PDF PAGE 77 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PAGE 2 APPLICATION FOR FACADE IMPROVEMENT PROGRAM TENANTS BUSINESS OWNER’S NAME SO. FT. LEASE TERMS _ Lorin, TVeben® IdM bode +L DL Ql NUMBER OF STORIES i BASEMENT? yn NO ARE THERE DWELLING UNITS ABOVE THE FIRST FLOOR> YES NO IF YES, NUMBER OF DWELLING UNITS? g 9 PROJECT DESCRIBE YOUR PROJECT _ Realace te ate Prrik fa cael . . Q galuce Reo ie Peor of Pauildieg ===== PDF PAGE 78 ===== [Extraction: OCR (rendered-page OCR)] sate . Tea enareneean ere Sr | PLAT oF SURVEY LE) Maat teen! THE SOUTHEASTERL OF WAREHOUSE LOT 4 GF ME FOWN OF JUNCTION (How ED BY DECREE ENTERED PAGE COUNTY, STERLY UNE OF DEPOT AT A POINT WHERE THE UNE BETWEEN Lots 3 WEST CHICAGO}, ACC! OING TO THE PLAT THEREOF ESTABL: 1385 IN CASE NUMBER 2904 CIRCUIT Ci S, AND DESCRIBED AS FOLLOWS: COMMENCING ON THE WE! ‘THE TOWN OF JUNCTION cK 2. PROVECTED ESTERLY LINE OF DEPOT HCE. GOUTNERLY ON SAID LINE OF DEPOT STRECT FEET FOR A PLACE AG: GHENGE WESTERLY AT AlcHT ANGUS te bERAT EE RLY, PARALICL TO S4ID DEPOT STREE ty SQ FEET, TO A PONT SHE WESTERLY ALONG THE WESTERLY 1) OF DEE IN THE NORTHEAST QUARTER CF TH] NORTH, RANGE 9. EAST of THE THIRD PAL MERCIAN, ‘POT ST: PULA CON BRS OLE a HELO Ee Pak gews CONES Es a: 0 Bat tan IS CESGAD Pood a F uy Doe € ===== PDF PAGE 79 ===== [Extraction: OCR (rendered-page OCR)] Building Permit } COA # COA Approval Date CITY OF WEST CHICAGO FACADE IMPROVEMENT GRANT PROGRAM APPLICATION WRITTEN ESTIMATE FORM COMPLETE ONE FORM FOR EACH PROJECT ADDRESS progect appress_| 22. Main Ot LET. owven's wns _Ltam OB ren % bit Leuba PB owner’s appress_ [2.2 Wod, Sheet Lest Chia o EL 6oBS~ OWNER’S TELEPHONE numper_(o G0), 6EX. Kil CONTRACTOR’ S NAME AKG E1658 cowreactor’s appress_S O [ LY, Aoaraclt td sf Chien TL CONTRACTOR’ S TELEPHONE numpEr 625 ~23 | -23-40 vate_/2//y/eco DESCRIPTION OF PROPOSED CONSTRUCTION - ATTACH ANY ADDITIONAL INFORMATION TO THIS FORM. TOTAL COST TO PERFORM ABOVE WORK $ P KS O. 00 THIS ESTIMATE GOOD FROM UNTIL CONTRACTOR’S SIGNATURE La ZS ===== PDF PAGE 80 ===== [Extraction: OCR (rendered-page OCR)] OFFICIAL USE ONLY Building Permit # COA # COA Approval Date . CITY OF WEST CHICAGO FACADE IMPROVEMENT GRANT PROGRAM APPLICATION WRITTEN ESTIMATE FORM COMPLETE ONE FORM FOR EACH PROJECT ADDRESS progecr appress__ [2-2 Moto Street OWNER’ S NAME Linm © Boden B lL J. Z duel owner's appress / ol. Main SH La lest Chicasa Tl CAXS OWNER‘S TELEPHONE NUMBER oe) ARG Z 3// a CONTRACTOR'S NAME C. 5 K CONTRACTOR’S ADDRESS x Slicer CONTRACTOR'S TELEPHONE NUMBER (30 6) $e bY & DATE ey EL Goss DESCRIPTION OF PROPOSED CONSTRUCTION - ATTACH ANY ADDITIONAL INFORMATION TO THIS FORM. 522. A traced Exttoue TOTAL COST TO PERFORM ABOVE WORK $ P, THIS ESTIMATE GOOD FROM /2fe{po> UNTIL bf, Hf { 7 v2 CONTRACTOR’S SIGNATURE ge: LEZ $ Z ===== PDF PAGE 81 ===== [Extraction: OCR (rendered-page OCR)] Facade Improvement 122 Main Street West Chicago, IL 60185 Rear Entry Door Replacement Current Entry Door Condition ===== PDF PAGE 82 ===== [Extraction: OCR (rendered-page OCR)] Material Sample of Possible Replacement Door at i Aen i Te lt HE vl S ; / ===== PDF PAGE 83 ===== [Extraction: OCR (rendered-page OCR)] Brick Facade Replacement Samples Optiom#1 CLOUD Black Diamond Option #2 — SiouxCity WilliamsburgTudor ===== PDF PAGE 84 ===== [Extraction: OCR (rendered-page OCR)] OPTION #3- Boral SugarCreek Stone Under Windows Option #1Halquist Chale Grey VT SO eee " a " ie - ere te El vz ===== PDF PAGE 85 ===== [Extraction: OCR (rendered-page OCR)] Facade Improvement 122 Main Street West Chicago, IL 60185 Current Facade Pics ===== PDF PAGE 86 ===== [Extraction: OCR (rendered-page OCR)] ag ick Total Cost to tear off and replace all bri ===== PDF PAGE 87 ===== [Extraction: OCR (rendered-page OCR)] CK Masonry 13 Shermead Rd Montgomery, IL 60538 Cel! (630) 618-6916 Fax (630) 551-0551 CJKMasonry@gmail.com Name / Address Liam O'Brien 122 Main St West Chicago, I! CJK Masonry will supply the labor, material and equipment to remove limestone copings and tear down brick veneer to bottom of windows. Remove and replace limestone sills under windows with a wider 2 1/4” limestone sill that will have a better reveal. Then we will reconstruct brickwork atop limestone sills. Install wire lathe below windows and new sills. Install a thin veneer stone below windows and reset capings Final wash down will be performed with NMD 80 Nate: Stone allowance is $14.00 sq ft Brick allowance is $800 per 1000 Proposal Date Proposal # 10/4/2020 532 PO# 12,000.00 12,000.00 the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of All material is guaranted to be as specified, and the above work to be performed in accordance with Total $12,000.00 ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will made by cash or check upon job completion Signature Signature ===== PDF PAGE 88 ===== [Extraction: OCR (rendered-page OCR)] Tt OM ’S K MASONR Y. IN C. TEL # 630-890-1535 28W270 Judith Ct. West Chicago IL 60185 # 190813 August 10, 2020. PROPSAL PROPOSAL SUBMITTED TO; WORK TO BE DONE AT Liam O’Brien 122 Main St. West Chicago IL 60185 We hereby propose to furnish and perform labor necessary of the follows; Removing all old face brick from the front of the building. Install new face brick. Allowance $ 500.00. for 1/1000 bricks tax including. All masonry materials supply by Tom’s K Masonry Inc. We hereby propose to do the foregoing work of the sum of S$ 12,500.00. with payment to be made as follows; First payment is required as down payment - S 6,000.00. Second and final should be submitted after 100% work done - $ 6,500.00. Respectfully submitted. Date acceptance,......:sscsssscscsssessseetesrerteees TOM’S K MASONRY INC. CUStOMER .. 2. 1s. eee eeee ese see eee eeetceeeseteessesseeesesess Tomasz Kucharski VP. This Proposal may be withdrawn if not accepted within 30 days E-MAIL - tomskmasonryinc@yahoo.com ===== PDF PAGE 89 ===== [Extraction: OCR (rendered-page OCR)] Brick » Stone « Pavers Wit STCHARLESILMASONRY.COM Proposal Proposal Submitted | today's Date | Job Name Job Location Email Address Phone Number 122 Main St West Liam 1-28-21 Brick restoration | Chicago lobrien@wmlinsurance.com | 630=668-1811 We propose hereby to furnish material arid labor necessary for the completion of: - New brick restoration on existing building - Demolishing of existing brick ($8,000) - New brick installation ($9,000) We propose hereby to furnish material and fabor—complete and in accordance with the above specifications—for the sum of Seventeen Thousand Dollars ($17,000.00). Half of the total cost will be paid up front, and the rest will be paid upon completion of the job. Quatation prepared by: Gerardo Bucio _ This is a quotation on the goods named, subject to the conditions noted below: ‘All material is guaranteed to be specified. All work to be completed in substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our workers are fully covered by Workmen's compensation insurance. If either party commences legal action to enforce its’s rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney fees and costs of litigation relating to said legal action, as determined by court of competent jurisdiction. To accept this quotation, sign here and return: Thank you for your business! St. Charles Masonry, Inc. 1756 Cumberland Green Dr, #128 St. Charles, 1. 60174 Phone 630-449-2769 630-995-0521 Fax 630-549-6446 Email stcharlesmasonry@gmail.com ===== PDF PAGE 90 ===== [Extraction: OCR (rendered-page OCR)] A&G Glass and Mirror Liam O'Brien 122 Main St West Chicago, IL 60185 (630) 309-2077 lobrien@wmlinsurance.com #57451 Feb 07, 2020 Tue Oct 29, 2019 2:30pm TOTAL CONTACT US 501 West Roosevelt Road West Chicago, IL 60185 (630) 231-2340 agglass78@hotmail.com ESTIMATE ===== PDF PAGE 91 ===== [Extraction: OCR (rendered-page OCR)] Front door work (6 me\ oked Subtotal $382.50 Tax (West Chicago 8%) $0.00 Total $382.50 DECLINE new YKK door in back Services amount New rear entry door $1,850.00 inish, 1- palr of butt nir vice and keyed outside rave a modifted frame io work k in existing opening Subtotal $1,850.00 Tax (West Chicago 8%) $0.00 Total $1,850.00 APPROVE DECLINE ===== PDF PAGE 92 ===== [Extraction: OCR (rendered-page OCR)] Glasshopper Scher Glass, LLG (Zatatliahed ta 1921) 16 HW, Heer York Steet. Aura, 16 60506 Phase: (630)897-SE98 = Fax: (630) 896-6656 Estimate _ Customer; W.M. Lauhoff & Co. Atta: Liam 122 Main St. West Chicago E-mail: lobrien@wmnlinsurance.com Item(s) Quantity Size 1 39 #" x83 4” Total Estimate furnish and install: Email; ghackol Gl @hstmall.com December 216, 2020 Phone# 630-309-2077 Description DKBRZ 1” insulated Narrow Stiles Deadbolt W/Lever $ 3,200.00 Please note: Low-E is a coating on the giass that provides UV protection and an increased “R” value. Low-E glass has u slight tint and may appear to have a haze in certain lighting conditions. Color variations due to different manufacturing, unit orientation or light conditions are to be expected. If your existing thermopane glass unit has Low-E glass, we will try to match that tint, but it may not be an exact match. Authorized Signature: Date: To place this order, please return one signed copy of this form and a required deposit of 50%. Final payment of the total balance is due upon completion of the said installation. When calling or emailing us with any relevant questions, please reference the identifying job name that applies to this work. ** Price is subject to change after 90 days. ===== PDF PAGE 93 ===== [Extraction: OCR (rendered-page OCR)] RAINBOW GLASS & TRIM LTD 31 MONACO DRIVE ROSELLE IL 60172-1956 (630)893-5100 Fax:(630)893-9080 Quote: 23219 Date: 12/15/2020 Customer W.M. LAUHOFF & CO. 122 MAIN STREET WEST CHICAGO IL 60185 Ph:(630)309-2077 Fax:(630)206-1248 (cse: LS Tech: PO Terms: C.O.D | Qty Part/ Description 1 .Remove and Replace Rear Entrance Door / Frame . 3'0" x 7'0" narrow stile door. . 1-3/4" x 4-1/2" bronze frame, standard door with ADA 10" bottom rail, rim panic exit device, 1" tempered insulated glass with Low-E coaling ... .45" oversized opening, double tubed framing [anne ener Job Site: W.M. LAUHOFF & CO. {22 MAIN STREET WEST CHICAGO IL 60185 The above prices, specs & conditions are hereby accepted without any changes. Rainbow Glass & Trim LTD, is authorized (o do the work specified. Payment will be made as outlined. A Non Refundable Deposit is Required to Order Material. An expressed Lein is acknowledged. Any changes must be agreed by both partics. Quotes are valid for 30 days. .... Approved By: Date: Acpt:. Acpt: Tax Total Payments Balance 129.50 3,180.00 0.00 3,180.00 vers:9.2.10 Page: | ===== PDF PAGE 94 ===== [Extraction: OCR (rendered-page OCR)] Certificate of Appropriateness Decision Certificate of Appropriateness # 21-08 is hereby APPROVED to REPLACE BRICK FACADE subject to compliance with the documents and conditions referenced below, for the property located at 122 MAIN STREET. By signing below the Applicant agrees that all work will be completed in accordance with the documents and notes/comments referenced below, except for such changes that may be authorized or required by the City in accordance with any regulations set forth by all local, state and federal codes and ordinances. The Applicant further agrees to post a copy of this Decision, if approved, along with a copy of the building permit issued by the City, on the subject property in a place of public view. Documents: Hefikio Brice Some C jakst Hecho Select CONDITIONS Thee EOE vo be ingwled Storl & Heron BMUL cuit Classe Methw Select. May 25, 2021 Historical Préservation Commission President Date << “ —) CK. May 25, 2021 ; {cant (or theiz-£€p resentative) Date ===== PDF PAGE 95 ===== [Extraction: OCR (rendered-page OCR)] Item # §.2L, RESOLUTION NO. 21-R-0041 A RESOLUTION MAKING A DETERMINATION RELATIVE TO THE RELEASE OF EXECUTIVE SESSION MINUTES PURSUANT TO THE ILLINOIS OPEN MEETINGS ACT WHEREAS, the City Council of the City of West Chicago met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and, WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and, WHEREAS, pursuant to the requirements of the Open Meetings Act, the City Council has met in executive session to review all executive session minutes; and, WHEREAS, the City Council, at its May 17, 2021 meeting, has determined that no new minutes are to be released as a need for confidentiality still exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, Illinois, as follows: SECTION 1. No new Executive Session Minutes are hereby released for public inspection. SECTION 2. This resolution shall be in full force and effect from and after its adoption and approval. APPROVED AND ADOPTED this 7" day of June, 2021. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk ===== PDF PAGE 96 ===== [Extraction: OCR (rendered-page OCR)] Tern # &. TD, RESOLUTION NO. 21-R-0042 A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO RECORDINGS OF CERTAIN CLOSED MEETINGS WHEREAS, Section 2.06 (a) of the Illinois Open Meetings Act, 5 ILCS 120/2.06 (a), requires public bodies to audio or video record their closed meetings; and WHEREAS, the City Council of the City of West Chicago has complied with that requirement; and WHEREAS, Section 2.06 (b) the Open Meetings Act, 5 ILCS 120/2.06 (b), permits a public body to destroy the verbatim record of closed meetings without notification to or the approval of a records commission or the State Archivist not less than eighteen (18) months after the completion of the meeting recorded, but only after: 1. It approves the destruction of a particular recording; and 2. It approves the written minutes of the closed meeting in compliance with Section 2.06 (a) of the Open Meetings Act. WHEREAS, for the verbatim record by tape of the closed meeting(s) set forth in Section 2 below of this Resolution, at least eighteen (18) months have passed since the completion of those meetings, and, further, the City Council has approved written minutes for each of those meetings; and WHEREAS, a body may order the destruction of the verbatim record even if it continues to withhold the approved written minutes of the closed meeting until some later period of time; and WHEREAS, the City Council is unaware of any judicial or administrative causes of action imminent or pending that would require judicial examination pursuant to Section 2.06 (e), 5 ILCS 5/2.06 (e), of the verbatim record of the meetings set forth in Section 2 below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, in regular session assembled as follows: Section 1. Foregoing recitals are incorporated herein by reference. Section 2. Based upon said recitals, the City Council hereby orders the City Clerk to destroy the verbatim record being an audio tape of the following closed meetings: Resolution No. 21-R-0042 Page 1 of 2 ===== PDF PAGE 97 ===== [Extraction: OCR (rendered-page OCR)] 2017 June 5, 2017 August 7, 2017 October 2, 2021 2019 March 18, 2019 May 20, 2019 October 7, 2019 October 18, 2019 Section 3. This Resolution shall be in full force and effect immediately upon its passage. APPROVED AND ADOPTED this 7" day of June, 2021. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk Resolution No. 21-R-0042 Page 2 of 2 ===== PDF PAGE 98 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO ITEM TITLE AGENDA ITEM NUMBER: B.K. Resolution No. 21-R-0043 — Master Pole Attachment Agreement — Chicago SMSA Limited Partnership d/b/a COMMITTEE AGENDA DATE: Verizon Wireless. COUNCIL AGENDA DATE: June 7, 2021 t STAFF REVIEW: Timothy R. Wilcox, Assistant Director of Public SIGNATURE 6. S00 Mw. Works SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman ITEM SUMMARY: Attached is a Master Pole Attachment Agreement with Chicago SMSA Limited Partnership, d/b/a Verizon Wireless for the ability to install maintain and operate small wireless facilities in and/or upon certain City owned utility poles, wireless support structures and/or real property for the purpose of promoting the expansion of communication services in a manner consistent with the Small Wireless Facilities Deployment Act, the IIlinois Cable and Video Competition Act, the Illinois Telephone Company Act, the Telecommunications Act of 1996, the Middle Class Tax Relief Act, 35ILCS 636/5-1, et. seg. and Federal Communications Commission Regulations. Per the attached Agreement, the City will collect an application fee of $650.00 to collocate an individual small wireless facility on an existing utility pole or wireless support structure and $350 for each small wireless facility addressed in a consolidated application of more than one small wireless facility. In addition a $270.00 annual rental fee will be collected by the City for each wireless facility installed on an existing City owned pole. ACTIONS PROPOSED: Approve Resolution No. 21-R-0043 COMMITTEE RECOMMENDATION: This item did not go to Committee because all provisions match State and Federal laws and the City isn’t allowed to seek anything more/different. ===== PDF PAGE 99 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0043 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN MASTER POLE ATTACHMENT AGREEMENT WITH CHICAGO SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS. 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 Master Pole Attachment Agreement between Chicago SMSA Limited Partnership d/b/a Verizon Wireless and the City of West Chicago, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 7" day of June, 2021 AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 100 ===== [Extraction: OCR (rendered-page OCR)] MASTER POLE ATTACHMENT AGREEMENT This Master Pole Attachment Agreement (AGREEMENT) made this day of , 20 , between the City of West Chicago, with its principal offices located at 475 Main Street, West Chicago, Illinois, 60185, hereinafter designated LICENSOR and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, an Illinois limited partnership, whose principal place of business is One Verizon Way, Mall Stop, 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LICENSEE. LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." WITNESSETH WHEREAS, LICENSOR is the owner, of certain utility poles, wireless support structures, and/or real property, which are located within the geographic area of a license to provide wireless services licensed by the Federal Communications Commission (FCC) to LICENSEE; and WHEREAS, LICENSEE desires to install, maintain and operate small wireless facilities in and/or upon certain of LICENSOR's utility poles, wireless support structures and/or real property; and WHEREAS, LICENSOR and LICENSEE acknowledge that any term used in this AGREEMENT that is defined in Article V, Section 15-60 of the Municipal Code of the City of West Chicago (“Municipal Code”), as now or hereafter amended) shall have the meaning provided therein; and WHEREAS, LICENSOR and LICENSEE acknowledge that the terms of this AGREEMENT are nondiscriminatory, competitively neutral and commercially reasonable; and WHEREAS, LICENSOR and LICENSEE desire to enter into this AGREEMENT to define the general terms and conditions which would govern their relationship with respect to particular sites at which LICENSOR may wish to permit LICENSEE to install, maintain and operate small wireless facilities as hereinafter set forth; and WHEREAS, the LICENSOR and LICENSEE intend to promote the expansion of communications services in a manner consistent with the Small Wireless Facilities Deployment Act, the Illinois Cable and Video Competition Act, the Illinois Telephone Company Act, the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, the Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/5-1, et. seq. and Federal Communications Commission Regulations; and WHEREAS, LICENSOR and LICENSEE acknowledge that they will enter into a License Supplement (SUPPLEMENT), a copy of which is attached hereto as Exhibit A, with respect to any particular location or site which the Parties agree to license; and 1| ===== PDF PAGE 101 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the Parties acknowledge that different related entities may operate or conduct the business of LICENSEE in different geographic areas and as a result, each SUPPLEMENT may be signed by LICENSEE affiliated entities as further described herein, as appropriate based upon the entity holding the FCC license in the subject geographic location. NOW THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 2| 1) PREMISES. Pursuant to all of the terms and conditions of this AGREEMENT and the 2) applicable SUPPLEMENT, LICENSOR agrees to license to LICENSEE certain space on or upon LICENSOR's utility poles, and/or wireless support structures as more fully described in each SUPPLEMENT to be executed by the Parties hereinafter referred to as the “Premises”, for the installation, operation, maintenance, repair, replacement, and modification of small wireless facilities; together with the non-exclusive right of ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over the Property (as defined below) and to and from the Premises for the purpose of installation, operation, maintenance, replacement, repair and modification of LICENSEE?’s smail wireless facilities. The LICENSOR’s utility poles, wireless support structures and other poles and towers are hereinafter referred to as “Utility Pole” and the entirety of the LICENSOR’s property is hereinafter referred to as "Property". In the event there are not sufficient electric and telephone, cable or fiber utility sources located at the Premises or on the Property, LICENSOR agrees to grant LICENSEE the right to install such utilities on, over and/or under the Property and to the Premises as necessary for LICENSEE to operate its communications facility, but only from a duly authorized provider of such utilities, provided the location of such utilities shall be designated by LICENSOR; and permits are obtained from LICENSOR to a duly authorized provider. PERMIT APPLICATION. For each small wireless facility, LICENSEE shall submit an application to LICENSOR for permit that includes: a. Site specific structural integrity and, for LICENSOR’S utility pole or wireless support structure, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989; and b. The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. This includes a depiction of the completed facility; and c. Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed; and ===== PDF PAGE 102 ===== [Extraction: OCR (rendered-page OCR)] 3] d. The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility; and e. A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and f. Certification that the collocation complies with LICENSOR’s Small Wireless Facilities Ordinance requirements, to the best of the applicant’s knowledge; and g. Landscape installation and restoration plan, if required by LICENSOR, and h. The application fee due. 3) APPLICATION FEES. Application fees are subject to the following requirements: a. LICENSEE shall pay an application fee of six hundred fifty dollars ($650.00) for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure and three hundred fifty dollars ($350.00) for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures. b. Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this Section must be accompanied by the required application fee. c. LICENSOR shall not require an application, approval, or permit, or require any fees or other charges, from LICENSEE, for: i. routine maintenance; or ii. the replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if LICENSEE notifies LICENSOR at least ten (10) days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of this AGREEMENT; or iii. the installation, placement, maintenance, operation, or replacement of small wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes, provided this provision does not authorize such facilities to be suspended from municipal electric lines, if any. ===== PDF PAGE 103 ===== [Extraction: OCR (rendered-page OCR)] LICENSEE shall secure a permit from LICENSOR to work within rights-of-way for activities that affect traffic patterns or require lane closures. 4) REQUIREMENTS. a. LICENSEE's operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications. LICENSEE shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency's communications equipment. Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC's regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency. If a small wireless facility causes such interference, and LICENSEE has been given written notice of the interference by the public safety agency, LICENSEE, at its own expense, shall take all reasonable steps necessary to correct and eliminate the interference, including, but not limited to, powering down the small wireless facility and later powering up the small wireless facility for intermittent testing, if necessary. The LICENSOR may terminate a permit for a small wireless facility based on such interference if LICENSEE is not making a good faith effort to remedy the problem in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675. b. LICENSEE shall not install devices on the existing utility pole or wireless support structure that extend beyond ten (10) feet of the poles existing height. c. LICENSEE shall install pole mounted equipment at a minimum of 8 feet from the ground. d. LICENSEE shall be limited to one (1) cabinet or other ground mounted device for ground mounted installations. e. LICENSEE shall paint and maintain antennas, mounting hardware, and other devices to match or complement the structure upon which they are being mounted. f. LICENSEE shall install landscaping at the base of poles with respect to any ground equipment installed by LICENSEE on which devices are being installed as required by Chapter 15, Article V, Section 15-61(h) of the Municipal Code, as now or hereafter amended, of the LICENSOR. g. LICENSEE or its duly authorized contractor(s) shall comply with all the terms and conditions of Chapter 15, Article IJ, Sections 15-9 through 15-32 of the ===== PDF PAGE 104 ===== [Extraction: OCR (rendered-page OCR)] 5| Municipal Code, as now or hereafter amended, in regards to construction of utility facilities in the Public Rights-of-Way. . LICENSEE shall comply with requirements that are imposed by a contract between the LICENSOR and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way. LICENSEE shall comply with applicable spacing requirements in Chapter 15, Article III, Section 15-24(b)(6) and Chapter 15, Article V, Section 15-61(f)(4), as now or hereafter amended, concerning the location of ground-mounted equipment located in the right-of-way. In the event that a wireless provider seeks an exception or variance from the provisions of this subsection, such exception or variance shall be subject to the provisions of Chapter 15, Article III, Section 15- 29, and Chapter 15, Article V, Section 15-63 concerning variances. LICENSEE shall comply with Chapter 15, Article III, Section 15-23(b)(2), Section 15-23 (c )(5), Section 15-24(a), and Section 15-24(b)(1)(c), of the Municipal Code as now or hereafter amended, concerning under-grounding requirements or determinations from the municipal officer or employee in charge of municipal utilities, in any. In the event that a wireless provider seeks an exception or variance from the provisions of this subsection, such exception or variance shall be subject to the provisions of Chapter 15, Article III, Section 15- 29. . LICENSEE shall comply with Chapter 15, Article III, Section 15-9, ef seq., as now or hereafter amended, for construction and public safety in the rights-of-way, including, but not limited to, wiring and cabling requirements, grounding requirements, utility pole extension requirements, and signage limitations; and shall comply with reasonable and nondiscriminatory requirements that are consistent with PA 100-0585 and adopted by LICENSOR regulating the location, size, surface area and height of small wireless facilities, or the abandonment and removal of small wireless facilities. LICENSEE shall not collocate small wireless facilities within the communication worker safety zone of the pole or the electric supply zone of the pole on LICENSOR utility poles. However, the antenna and support equipment of the small wireless facility may be located on an attachment to the side of the LICENSOR utility pole or on the top of the pole, if not otherwise unavailable, if LICENSEE complies with the applicable provisions of Chapter 4, Article IV, Sections 4-71 through 4-74 of the Municipal Code, as now or hereafter amended, for work involving the top of the pole. For purposes of this subparagraph, the terms "communication worker safety zone", and "electric supply zone" have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers. ===== PDF PAGE 105 ===== [Extraction: OCR (rendered-page OCR)] m. LICENSEE shall comply with Chapter 15, Article III, Section 15-22 and the applicable provisions of Chapter 17 of the Municipal Code, as now or hereafter amended, that concern public safety. n. LICENSEE shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this AGREEMENT. LICENSEE shall ensure that its employees, agents or contractors that perform work in connection with its small wireless facilities and the utility poles of LICENSOR are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations. o. LICENSEE shall comply with any standards set forth in Chapter 4, Article IV, Sections 4-70 through 4-74 of the Municipal Code, as now or hereafter amended, for decorative utility poles, or stealth, concealment, and aesthetic requirements that are identified by LICENSOR’s Strategic Plan dated May, 2018, or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district. p. LICENSOR may require design or concealment measures in a historic district or upon an historic landmark. Where LICENSEE’S small wireless facility is placed in a right-of-way within a historic district, the small wireless facility shall comply with the color and covering requirements set forth in Chapter 15, Article IV, Section 15-61(£)(6-7). In the event that additional design or concealment measures are adopted, such design or concealment measures shall be amended to this AGREEMENT, but after no less than thirty (30) days written notice to LICENSEE. Any such design or concealment measures, including restrictions on a specific category of poles, may not have the effect of prohibiting LICENSEE’S technology. Such design and concealment measures shall not be considered a part of the small wireless facility for purposes of the size restrictions of a small wireless facility. This paragraph may not be construed to limit LICENSOR’s enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1966, 54 U.S.C. Section 300101 et seq. and the regulations adopted to implement those laws. 5) APPLICATION PROCESS. LICENSOR shall process applications as follows: a. An application to collocate a small wireless facility on an existing utility pole, replacement of an existing utility pole or wireless support structure owned or controlled by LICENSOR shall be processed by LICENSOR and deemed approved if LICENSOR fails to approve or deny the application within ninety (90) days. However, if LICENSEE intends to proceed with the permitted activity ===== PDF PAGE 106 ===== [Extraction: OCR (rendered-page OCR)] 7| on a deemed approved basis, LICENSEE must notify LICENSOR in writing of its intention to invoke the deemed approved remedy no sooner than seventy-five (75) days after the submission of a completed application. The permit shall be deemed approved on the latter of the ninetieth (90th) day after submission of the complete application or the tenth (10th) day after the receipt of the deemed approved notice by LICENSOR. The receipt of the deemed approved notice shall not preclude LICENSOR's denial of the permit request within the time limits as provided under Chapter 15, Article V, Section15-63(e) of the Municipal Code, as now or hereafter amended. . An application to collocate a small wireless facility that includes the installation of a new utility pole, shall be processed and deemed approved if LICENSOR fails to approve or deny the application within one hundred twenty (120) days. However, if LICENSEE applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify LICENSOR in writing of its intention to invoke the deemed approved remedy no sooner than one hundred five (105) days after the submission of a completed application. The permit shall be deemed approved on the latter of the one hundred twentieth (120th) day after submission of the complete application or the tenth (10th) day after the receipt of the deemed approved notice by LICENSOR. The receipt of the deemed approved notice shall not preclude LICENSOR's denial of the permit request within the time limits as provided under Chapter 15, Article V, Section 15-63(e) of the Municipal Code, as now or hereafter amended. LICENSOR shall approve an application unless the application does not meet the requirements of Chapter 15, Article V, Sections 15-60 through 15-62, as now or hereafter amended. . If LICENSOR determines that applicable codes, local code provisions or regulations that concern public safety, or the requirements of Chapter 15, Article V, Section 15-61, as now or hereafter amended, require that the utility pole or wireless support structure be replaced before the requested collocation, approval may be conditioned on the replacement of the utility pole or wireless support structure at the cost of LICENSEE. LICENSOR must document the basis for a denial, including the specific code provisions or application conditions on which the denial was based, and send the documentation to LICENSEE on or before the day LICENSOR denies an application. LICENSEE may cure the deficiencies identified by LICENSOR and resubmit the revised application once within thirty (30) days after notice of denial is sent to the applicant without paying an additional application fee. LICENSOR shall approve or deny the revised application within thirty (30) days after LICENSEE resubmits the application or it is deemed approved. However, LICENSEE must notify LICENSOR in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the resubmitted application. Any subsequent review shall be limited to the deficiencies cited in the denial. ===== PDF PAGE 107 ===== [Extraction: OCR (rendered-page OCR)] 8] However, this revised application cure does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility. e. COMPLETENESS OF APPLICATION. Within thirty (30) days after receiving an application, the LICENSOR shall determine whether the application is complete and notify the applicant. If an application is incomplete, the LICENSOR shall specifically identify the missing information. An application shall be deemed complete if the LICENSOR fails to provide notification to the applicant with thirty (30) days after all documents, information and fees specifically enumerated in the LICENSOR’s permit application form are submitted by the application to the LICENSOR. Processing deadlines are tolled from the time the LICENSOR sends the notice of incompleteness to the time the applicant provides the missing information. f. TOLLING. The time period for applications may be further tolled by the express AGREEMENT in writing by both LICENSOR and LICENSEE; or a local, State or federal disaster declaration or similar emergency that causes the delay. g. CONSOLIDATED APPLICATIONS. A LICENSEE seeking to collocate small wireless facilities within the jurisdiction of LICENSOR shall be allowed, at LICENSEE 's discretion, to file a consolidated application and receive a single permit for the collocation of up to twenty-five (25) small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure, LICENSOR may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. LICENSOR may issue separate permits for each collocation that is approved in a consolidated application. 6) COLLOCATION COMPLETION DEADLINE. Collocation for which a permit is granted shall be completed within one hundred eighty (180) days after issuance of the permit, unless LICENSOR and LICENSEE agree to extend this period or a delay is caused by make-ready work for a LICENSOR utility pole or by the lack of commercial power or backhaul availability at the site, provided LICENSEE has made a timely request within sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless LICENSOR grants an extension in writing to the LICENSEE. 7) DURATION OF PERMITS AND SUPPLEMENTS. ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] 9| a. Term. The duration of a permit and the initial SUPPLEMENT shall be for an agreed term of 5 years, and the permit and SUPPLEMENT shall be renewed for an equivalent duration unless LICENSOR makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable codes or local code provisions or regulations in Chapter 15, Article V, Section 15- 61, as now or hereafter amended. If P.A. 100-0585 is repealed as provided in Section 90 of the Act, renewals of permits shall be subject to the LICENSOR’s code provisions or regulations in effect at the time of renewal. b. Extensions. Each SUPPLEMENT may be extended for additional five (5) year terms unless LICENSOR terminates it at the end of the then current term by giving LICENSEE written notice of the intent to terminate at least three (3) months prior to the end of the then current term. The initial term and all extensions under a SUPPLEMENT shall be collectively referred to herein as the "Term". Notwithstanding anything herein, after the expiration of this AGREEMENT, its terms and conditions shall survive and govern with respect to any remaining SUPPLEMENTS in effect until their expiration or termination. 8) RENTAL. Each SUPPLEMENT shall be effective as of the date of execution by both 9) Parties (the "Effective Date"), provided, however, the initial term of each SUPPLEMENT shall be for five (5) years and shall commence on the first day of the month following the day that LICENSEE commences installation of the equipment on the Premises (the “Commencement Date”) at which time rental payments shall commence and be due at a total annual rental as set forth in the SUPPLEMENT, to be paid in advance annually on the Commencement Date and on each anniversary of it in advance, to the LICENSOR in the SUPPLEMENT (unless LESSOR otherwise designates another payee and provides notice to LICENSEE). LICENSOR and LICENSEE acknowledge and agree that the initial rental payment for each SUPPLEMENT shall not actually be sent by LICENSEE until thirty (30) days after the Commencement Date. LICENSOR and LICENSEE agree that they shall acknowledge in writing the Commencement Date of each SUPPLEMENT. Rental for the use of any poles pursuant to this AGREEMENT, shail be an annual fee of $270.00 per each wireless facility which LICENSEE attaches to LICENSOR’s pole. Thereafter, rent will be due at each annual anniversary of the “Commencement Date” of the applicable SUPPLEMENT. Upon AGREEMENT of the Parties, LICENSEE may pay rent by electronic funds transfer and in such event, LICENSOR agrees to provide to LICENSEE bank routing information for such purpose upon request of LICENSEE. ABANDONMENT. A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the LICENSEE must remove the small wireless facility within ninety (90) days after receipt of written notice from LICENSOR notifying LICENSEE of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by LICENSOR to the LICENSEE at ===== PDF PAGE 109 ===== [Extraction: OCR (rendered-page OCR)] 10) 11) 12) 10| the last known address of LICENSEE. If the small wireless facility is not removed within ninety (90) days of such notice, LICENSOR may remove or cause the removal of such facility and charge said costs to the LICENSEE. LICENSEE shall provide written notice to LICENSOR of any sale or transfer of small wireless facilities not less than thirty (30) days prior to such transfer and said notice shall include the name and contact information of the new wireless provider. CONDITION OF PREMISES. Where the Premises incudes one or more utility poles, LICENSOR covenants that it will keep the utility poles in good repair as required by all federal, state, county and local laws. If the LICENSOR fails to make such repairs including maintenance within sixty (60) days, of any notification to LICENSOR, the LICENSEE shall have the right to cease annual rental for the effected poles, but only if the poles are no longer capable of being used for the purpose originally contemplated in this AGREEMENT or otherwise do not comply with existing law. If LICENSEE terminates, LICENSEE shall remove its small wireless facility. Termination of this AGREEMENT shall be the LICENSEE’s sole remedy. MAKE READY TERMS. LICENSOR shall not require more make-ready work than required to meet applicable codes or industry standards. Make-ready work may include work needed to accommodate additional public safety communications needs that are identified in a documented and approved plan for the deployment of public safety equipment as specified and included in an existing or preliminary LICENSOR, and may include, but not be limited to, such work required for compliance with the federal and state Occupational Safety and Health Acts (OSHA, IL-OSHA). Fees for make-ready work, including any LICENSOR utility pole attachment, shall not exceed actual costs or the amount charged to communications service providers for similar work and shall not include any consultants’ fees or expenses for LICENSOR utility poles that do not support aerial facilities used to provide communications services or electric service. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of written acceptance of the good-faith estimate by the LICENSOR at the LICENSEE’s sole cost and expense. Unless otherwise agreed by the parties, any make-ready work, including pole replacements, shall be performed by the LICENSEE or its qualified contractor. NO AERIAL FACILITIES. For LICENSOR utility poles that do not support aerial facilities used to provide communications services or electric services, LICENSEE shall provide a good-faith estimate for any make-ready work necessary to enable the LICENSOR utility pole to support the requested collocation, include pole replacement, if necessary, within ninety (90) days after receipt of a complete application. Make-ready work, including any LICENSOR utility pole replacement, shall be completed within sixty (60) days of written acceptance of the good-faith estimate by LICENSOR at LICENSEE’s sole cost and expense. Alternatively, if LICENSOR determines that applicable codes or public safety regulations require the LICENSOR’s utility pole to be ===== PDF PAGE 110 ===== [Extraction: OCR (rendered-page OCR)] 13) 14) 15) 11| replaced to support the requested collocation, LICENSOR may require LICENSEE to replace LICENSOR’: utility pole at LICENSEE’s sole cost and expense. GENERAL RESTRICTIONS. In the event LICENSOR, in its reasonable discretion deems it necessary to remove, relocate or replace a utility pole, LICENSOR shall notify LICENSEE at least one hundred eighty (180) days prior of the need to remove or relocate its small wireless facility. In such event, LICENSOR shall provide options for alternative locations for LICENSEE relocation of equipment which shall be in a mutually agreeable location (“Alternative Premises”). LICENSEE shall be solely responsible for all costs related to the relocation of its small wireless facility to the Alternative Premises. In the event that a suitable Alternative Premises cannot be identified, LICENSEE may terminate the applicable SUPPLEMENT. In the event of an emergency, which for purposes of this AGREEMENT shall be considered any imminent threat to health, safety and welfare of the public, LICENSOR must provide as much notice as reasonably practical under the circumstances. LICENSEE may terminate this AGREEMENT by giving written notice to the other party specifying the date of termination, such notice to be given not less than one hundred eighty (180) days prior to the date specified therein. ELECTRICAL. LICENSEE shall be permitted to connect its equipment to necessary electrical and telephone service, at LICENSEE’s expense. LICENSEE shall coordinate with utility companies to provide separate service to LICENSEE’s equipment for LICENSEE use. LICENSEE must first attempt to obtain separate electrical service with a separate meter measuring usage and pay the utility directly for its power consumption. In the event that this is not reasonably practical under the circumstances, the parties will work together in good faith find an alternative solution to ensure that power may be obtained and that LICENSEE will pay for its power usage. In the event that LICENSEE uses existing utility service at an individual Premises, the Parties agree to either: (i) attempt to have a sub-meter installed, at LICENSEE’s expense, which shall monitor LICENSEE’s utility usage (with a reading and subsequent bill for usage delivered to LICENSEE by either the applicable utility company or LICENSOR); or (ii) provide for an additional fee in the applicable SUPPLEMENT which shall cover LICENSEE’s utility usage. The Parties agree to reflect power usage and measurement issues in each applicable SUPPLEMENT. TEMPORARY POWER. LICENSEE shall be permitted at any time during the Term of each SUPPLEMENT, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as identified by LICENSEE and reasonably approved by LICENSOR. LICENSEE shall be permitted to connect the temporary power source to its equipment on the Premises in areas and in a manner approved by LICENSOR. ===== PDF PAGE 111 ===== [Extraction: OCR (rendered-page OCR)] 16) 17) 12| USE; GOVERNMENTAL APPROVALS. LICENSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating small wireless facilities and uses incidental thereto. LICENSEE shall have the right to replace, repair and modify equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, in conformance with the original SUPPLEMENT. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining after the execution date of each SUPPLEMENT all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as a satisfactory structural analysis for the utility pole or structure which will permit LICENSEE use of the Premises as set forth in Section 2(a) above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; and (iii) LICENSEE determines that such Governmental Approvals may not be obtained in a timely manner, LICENSEE shail have the right to terminate the applicable SUPPLEMENT. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in accordance with the notice provisions set forth in Paragraph 21 and shall be effective upon the mailing of such notice by LICENSEE, or upon such later date as designated by LICENSEE. All rentals paid to said termination date shall be retained by LICENSOR. Upon such termination, the applicable SUPPLEMENT shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other thereunder. Otherwise, the LICENSEE shall have no further obligations for the payment of rent to LICENSOR for the terminated SUPPLEMENT. Notwithstanding anything to the contrary in this Paragraph, LICENSEE shall continue to be liable for all rental payments to the LICENSOR until all equipment is removed from the Property. INSURANCE. LICENSEE shall and shall require any subcontractors to obtain and maintain substantially the same coverage as required of LICENSEE, procure and maintain, for the duration of the project the following insurance: (i) Commercial general liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate including products/completed operations and premises- operations against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the LICENSEE or his employees; and (ii) Commercial Automobile Liability in the amount of $2,000,000 combined single limit each accident for bodily injury and property damage covering all owned, non-owned and hired vehicles a. Scope of Insurance Coverage shall be at least as broad as: ===== PDF PAGE 112 ===== [Extraction: OCR (rendered-page OCR)] Insurance Services Office Commercial General Liability Occurrence form or its equivalent with the LICENSOR named as additional insured as their interest may appear under this Agreement, on a primary and non-contributory basis. This primary, non-contributory additional insured coverage shall be confirmed through the: ISO Blanket Additional Insured Endorsements or its equivalents; and b. The policies shall: i. General Liability and Automobile Liability Coverages 1. The LICENSOR, its officials, employees, and volunteers are to be covered as additional insureds as their interest appear under this Agreement as respects: liability arising out of the LICENSEE’s work. The coverage shall contain no special limitations on the scope of protection afforded to the LICENSOR, its officials, employees, and volunteers. 2. The LICENSEE’s insurance coverage shall be primary and non- contributory as respects the LICENSOR, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the LICENSOR, its officials, employees, agents, and volunteers shall be excess of LICENSEE’S insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the LICENSOR, its officials, agents, employees, or volunteers. 4. The LICENSEE’s insurance shall contain a Severability of Interests/Cross Liability clause or language stating that LICENSEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form", then the LICENSEE shall be required to include the LICENSOR, its officials, employees, and volunteers as additional insureds as their interest may appear under this Agreement. 6. All general liability coverages shall be provided on an occurrence policy form, Claims-made general liability policies will not be acceptable. The LICENSEE and all sub-contractors agree to agree to waiver rights of subrogation against the LICENSOR. This specifically includes any limitation 13| ===== PDF PAGE 113 ===== [Extraction: OCR (rendered-page OCR)] imposed by any state statue, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding. ii. Workers’ Compensation and Employers’ Liability Coverage 1. The insurer shall agree to waive all rights of subrogation against the LICENSOR, its officials, employees, and volunteers for losses arising from work performed by LICENSEE for the LICENSOR. iii. Professional Liability; 1. Professional liability insurance with limits of $1,000,000 each claim and aggregate with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract. 2. Ifthe policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled or non-renewed, the LICENSEE shall be required to purchase supplemental extending reporting period coverage for a period of not less than one year. iv. All Coverages No Waiver. Under no circumstances shall the LICENSOR be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including, but not limited to: 1. Allowing work by LICENSEE or any sub-contractor(s) to start before receipt of Certificates of Insurance and Additional Insured Endorsements. 2. Failure to examine, or to demand correction of any deficiency of any Certificate of Insurance and Additional Insured Endorsement received. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. c. Endorsements, OCP policy, or General Liability policy shall not exclude supervisory or inspection services. d. Acceptability of Insurers 14 | ===== PDF PAGE 114 ===== [Extraction: OCR (rendered-page OCR)] 18) 19) 15| Insurance is to be placed with insurers with a Best’s rating of no less than A-VII and licensed, authorized, or permitted to do business in the State of Illinois. e. Verification of Coverage LICENSEE shall furnish the LICENSOR with certificates of insurance including the LICENSOR, its officials, employees, and volunteers as an additional insureds as their interest may appear under this Agreement on the commercial general liability and commercial automobile liability insurance, and with original blanket additional insured endorsements affecting coverage required by this clause. The certificates for each insurance policy are to be signed by an authorized representative of the LICENSOR’s insurer. The certificates and endorsements are to be received and reasonably approved by the LICENSOR before work commences. The following additional insured endorsements may be utilized: f. Sub-contractors LICENSOR shall require all sub-contractors to obtain and maintain substantially the same coverage with substantially the same limits as required of LICENSOR. INDEMNIFICATION. LICENSEE shall indemnify and hold LICENSOR harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of LICENSOR’s improvements or right-of-way associated with such improvements by LICENSEE or its employees, agents, or contractors arising out of the rights and privileges granted under this AGREEMENT and PA 100-0585. LICENSEE has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of LICENSOR or its employees or agents. LICENSEE hereby further waives any claims that LICENSEE may have against the LICENSOR with respect to consequential, incidental, or special damages, however caused, based on the theory of liability. REMOVAL AT END OF TERM. LICENSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of a SUPPLEMENT, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage not caused by LICENSEE excepted. LICENSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. ===== PDF PAGE 115 ===== [Extraction: OCR (rendered-page OCR)] 20) 21) If such time for removal causes LICENSEE to remain on the Premises after termination of the SUPPLEMENT, LICENSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures and all personal property are completed. RIGHTS UPON SALE. Should LICENSOR, at any time during the Term of any SUPPLEMENT decide to sell or transfer all or any part of the Property such sale or grant of an easement or interest therein shall be under and subject to the SUPPLEMENT and any such purchaser or transferee shall recognize LICENSEE 's rights hereunder and under the terms of the SUPPLEMENT. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows, or any other subsequent address that the Party to be notified may have designated to the sender by like notice. Either Party may change the addressee and/or location for the giving of notice to it by providing a thirty (30) days’ prior written notice to the other Party. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. LICENSOR: City of West Chicago, Illinois City Administrator 475 Main Street West Chicago, Illinois 60185 Copy to: City of West Chicago, Illinois 16 | City Attorney c/o Bond, Dickson & Associates, P.C. 400 Knoll St., #C Wheaton, Illinois 60187 ===== PDF PAGE 116 ===== [Extraction: OCR (rendered-page OCR)] LICENSEE: Chicago SMSA Limited Partnership 22) 23) 24) 17| Attn: Network Real Estate 180 Washington Valley Road Bedminster, NJ 07921 CASUALTY. In the event of damage by fire or other casualty to the utility pole or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the utility pole or Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than forty-five (45) days, then LICENSEE may, at any time following such fire or other casualty, provided LICENSOR has not completed the restoration required to permit LICENSEE to resume its operation at the Premises, terminate the SUPPLEMENT upon fifteen (15) days prior written notice to LICENSOR. Any such notice of termination shall cause the SUPPLEMENT to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the SUPPLEMENT and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under the SUPPLEMENT. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LICENSEE’s use of the Premises is impaired. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of this AGREEMENT or its obligations under it, the non-breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach, provided the breaching Party shall have such extended period, not to exceed ninety (90) days, as may be required beyond the thirty (30) days if the breaching Party commences the cure within the 30-day period and thereafter continuously and diligently pursues to cure to completion. The non-breaching Party may maintain any action or affect any remedies for default against the breaching Party subsequent to the 30-day cure period, as potentially extended to ninety (90) days based on circumstances. REMEDIES. In the event of a default by either Party with respect to a material provision of this AGREEMENT, without limiting, other than by the specific terms of this AGREEMENT, the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may ===== PDF PAGE 117 ===== [Extraction: OCR (rendered-page OCR)] 25) 26) 27) 28) 18 | terminate the applicable SUPPLEMENT and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state of Illinois. Further, upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. APPLICABLE LAWS. During the Term, LICENSOR shall maintain the Property and the utility pole in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, (collectively “Laws”). LICENSEE shall, in respect to the condition of the Premises and at LICENSEE’s sole cost and expense, comply with (a) all Laws relating solely to LICENSEE’s specific and unique nature of use of the Premises; and (b) all building codes requiring modifications to the Premises due to the improvements being made by LICENSEE in the Premises. It shall be LICENSOR’s obligation to comply with all Laws relating to the utility pole in general, without regard to specific use (including, without limitation, modifications required to enable LICENSEE to obtain all necessary building permits). RIGHTS UNDER EXISTING LAWS; CHANGE OF LAWS. This Agreement, including but not limited to the Supplements and Permits contemplated hereunder, is not intended to in any way limit or waive either Party’s present or future rights under applicable state and federal law. If any applicable state or federal laws change due to a final, non- appealable order or court decision during the term of this License and such change makes any term of this Agreement inconsistent with the effective Laws, then the parties agree to promptly amend this Agreement as reasonably required to accommodate and/or ensure compliance with any such legal change. SECURITY DEPOSIT. LICENSEE shall deposit with LICENSOR on one occasion prior to the commencement of the first SUPPLEMENT a security deposit in a form reasonably acceptable to LICENSOR in the amount of ten thousand dollars ($10,000.00) per small wireless facility to guarantee the safe and efficient removal of any equipment from any Premises subject to this AGREEMENT, which equipment remains more than thirty (30) days after rental payment has ceased and Licensee has failed to remove the equipment. The funds may also be used to restore the premises to original condition, if LICENSEE fails to do so. MISCELLANEOUS. This AGREEMENT and the SUPPLEMENTS that may be executed from time to time hereunder contain all agreements, promises and understandings between the LICENSOR and the LICENSEE regarding this transaction, and no oral AGREEMENT, promises or understandings shall be binding upon either the ===== PDF PAGE 118 ===== [Extraction: OCR (rendered-page OCR)] 29) 30) 19| LICENSOR or the LICENSEE in any dispute, controversy or proceeding. This AGREEMENT may not be amended or varied except in a written document signed by all Parties. This AGREEMENT shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this AGREEMENT or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this AGREEMENT via each SUPPLEMENT shall be governed, interpreted, construed and regulated by the laws of the state of Illinois. Except as to any matter within the juris- diction of the federal courts or the Federal Communications Commission, all judicial actions relating to any interpretation, enforcement, dispute resolution, or any other aspect of this AGREEMENT shall be brought in the Circuit Court of the State of Illinois, DuPage County, Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be brought in the United States District Court of the Northern District of Illinois. EXECUTION IN COUNTERPARTS. This AGREEMENT and any SUPPLEMENTS may be executed in multiple counterparts, including by counterpart facsimiles or scanned email counterpart signature, each of which shall be deemed an original, and all such counterparts once assembled together shall constitute one integrated instrument. AUTHORIZATION. LICENSEE certifies and warrants that it has the authority to enter into this AGREEMENT. ===== PDF PAGE 119 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LICENSOR: The City of West Chicago, Illinois, an Illinois Municipal Corporation BY: Name: Mayor Date: Attest: City Clerk LICENSEE: (Name of Corporation, Partnership, Limited Liability Corporation, or Entity) BY: Name: Title: Date: 20] ===== PDF PAGE 120 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT "A" LICENSE SUPPLEMENT This License Supplement (SUPPLEMENT), is made this day of between the City of West Chicago, whose principal place of business is 475 Main Street, West Chicago, Illinois 60185 (LICENSOR), and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, an Illinois limited partnership, whose principal place of business is One Verizon Way, Mall Stop, 4AW100, Basking Ridge, New Jersey 07920 (LICENSEE). 1. Master License Agreement. This SUPPLEMENT is a SUPPLEMENT as referenced in that certain Master License Agreement between the City of West Chicago, Illinois and Chicago SMSA Limited Partnership,dated ,20___, (the AGREEMENT). All of the terms and conditions of the AGREEMENT are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the AGREEMENT. In the event of a contradiction, modification or inconsistency between the terms of the AGREEMENT and this SUPPLEMENT, the terms of this SUPPLEMENT shall govern. Capitalized terms used in this SUPPLEMENT shall have the same meaning described for them in the AGREEMENT unless otherwise indicated herein. 2. Premises. The Property owned by LICENSOR is located at . The Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit “B” attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this SUPPLEMENT shall be as set forth in Paragraph 7 of the AGREEMENT. 4. Consideration. Rent under this SUPPLEMENT shall be $270.00 per year, payable to LICENSOR at the City of West Chicago, Illinois 475 Main Street, West Chicago, Illinois 60185. Thereafter, rent will be due at each annual anniversary of the “Commencement Date” of this SUPPLEMENT. LICENSEE shall obtain electrical service and provide for a separate meter and billing from the applicable utility provider. 5. Site Specific Terms. Specific description below or attached. 6. Preservation of Benefits. If the terms of this AGREEMENT and SUPPLEMENT are materially altered due to changes in governing law, then the LICENSOR and the LICENSEE shall negotiate in good faith to reconstitute this AGREEMENT and SUPPLEMENT in a form that, to the maximum extent possible, is consistent with the original intent of the LICENSOR and the LICENSEE and preserves the benefits, including rental compensation, bargained for by each party. 21] ===== PDF PAGE 121 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOPF, the Parties hereto have set their hands and affixed their respective seal the day and year first above written. LICENSOR City of West Chicago, Ulinois, an Hlinois Municipal Corporation BY: Name: Michael Guttmann Title: City Administrator Date: LICENSEE BY: Name: Title: Date: 22 | ===== PDF PAGE 122 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B Premises (see attached site plans) 23|