===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: __© -C- Resolution No. 21-R-0068 — License Agreement with Everstream GLC Holding Company, LLC COMMITTEE AGENDA DATE: COUNCIL AGENDA DATE: August 16, 2021 { STAFF REVIEW: Timothy R. Wilcox, Assistant Director of Public SIGNATURES—eC_ We Works SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman ITEM SUMMARY: Attached is a License Agreement with Everstream GLC Holding Company, LLC for use of City right-of- way at various locations throughout the City. For its project, Everstream GLC Holding Company, LLC proposes to install a total of approximately 66,505 lineal feet of fiber optic cable in City owned right-of- way. Per the attached License Agreement, Everstream GLC Holding Company, LLC will reimburse the City for all permit plan review and inspection costs, plus 25% in accordance with the West Chicago City Code. In addition, Everstream GLC Holding Company, LLC will pay, as its fee for right-of-way rental, an annual license fee of $0.10 per lineal foot for placement of telecommunications and utility facilities within the City right-of-way (approximately $6,650.50 annually). ACTIONS PROPOSED: Approve Resolution No. 21-R-0068. COMMITTEE RECOMMENDATION: This item did not go to Committee, as it follows the same parameters previously approved by City Council for license agreements. ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0068 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN LICENSE AGREEMENT WITH EVERSTREAM GLC HOLDING COMPANY LLC FOR USE OF CITY RIGHT-OF-WAY 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 License Agreement for use of City right-of-way between Everstream GLC Holding Company, LLC and the City of West Chicago, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 16" day of August, 2021 AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] (Reserved For Recorder's Use Only) CITY OF WEST CHICAGO/EVERSTREAM GLC HOLDING COMPANY LLC LICENSE AGREEMENT This License Agreement (the “License Agreement”) is entered into this day of August 2021, by and between the City of West Chicago, an Illinois municipal corporation, 475 Main Street, West Chicago, Illinois 60185 (“Licensor”) and Everstream GLC Holding company LLC, a Delaware limited liability company, 1228 Euclid Ave., Suite 250, Cleveland, OH 44115 (“Licensee”) (collectively, the Parties’). RECITALS A. Licensor owns property commonly known as “City Right-of-Way which are located across, through or under the real estate legally described and graphically depicted in Exhibit "A," attached hereto and incorporated herein by reference (the “Subject Property”). Estimated total footage of fiber optic cable to be installed is 66,505 lineal feet. B. Licensee desires to use the Subject Property for the installation, construction, location, operation, and maintenance of telecommunication facilities under the City’s right of way (the “Licensed Premises”) so that Licensee can provide telecommunication services, subject to the terms and conditions of this License Agreement. NOW, THEREFORE, for and in consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: i The foregoing Recitals are incorporated as if fully set forth herein. Resolution 21-R-0068 Page | of 16 ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] De Subject to the terms and conditions of this License Agreement, Licensor hereby grants Licensee, a non-exclusive license for use of the Subject Property and Licensed Premises for the purpose of installing, constructing, locating, operating, and maintaining telecommunications facilities under the City right of way, as more fully depicted in Exhibit “B” (hereinafter, the “Facilities”), attached hereto and incorporated herein by reference. Licensor also grants Licensee a non-exclusive license for ingress and egress to and from the Subject Property and Licensed Premises, for the purpose of maintaining the Facilities. Licensee shall be solely responsible for securing the necessary permits from any federal, state or local agencies and shall be solely responsible for the costs of same. The Licensee will apply for any necessary permits for construction in the right-of-way of the Licensor and the Licensor shall cooperate in securing any necessary permits. Licensee shall secure the necessary permit to perform the work contemplated hereunder from the City. Licensee agrees to provide the City Administrator of the City of West Chicago (“City Administrator”) seventy-two (72) hours notice prior to commencing any work under this License Agreement. In the event that emergency repairs are necessary for Licensee facilities in the Licensor right-of-way, Licensee shall immediately notify the Licensor, in writing, of the need for such repairs. Licensee may immediately initiate such emergency repairs, and shall apply for appropriate permits the next business day following discovery of the emergency. Licensee must comply with all Ordinance provisions relating to such excavations or construction, including the payment of permits or license fees. 3. Term. The term of this License Agreement (the “Term”) shall be ten (10) years, commencing August 1, 2021 and terminating September 30, 2031. 4. Reimbursement of Permit Review and Inspection Fees. Licensee agrees to reimburse the Licensor for direct costs involved in any permit review and any applicable inspections of work performed within the right-of-way, plus 25% in accordance with the West Chicago City Code within thirty (30) days of the date of an invoice prepared by the City. 5. Annual Fee. Licensee agrees to pay the Licensor an annual license fee of $0.10 per lineal foot for each conduit installed for placement of telecommunications and utility facilities within the Licensor’s Public Ways, within thirty (30) days of the date of an invoice prepared by the City.. 6. Taxes. Licensee acknowledges that the Subject Property and Licensed Premises is exempt from real estate taxes, and that to the extent the County Assessor or State Department of Revenue, or any other authority with the power to do so, would attempt to assess any license or property tax as a result of the use authorized by this License Agreement, Licensee will assist Licensor in defending against any such action and will pay any such tax as is finally determined. Resolution 21-R-0068 Page 2 of 16 ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] tk No Lease. The parties agree that this License Agreement confers upon the Licensee only a license and right to use the Subject Property and Licensed Premises upon the terms set forth herein, and that nothing contained herein is intended to confer upon the Licensee a leasehold interest in the Subject Property and Licensed Premises or any portion thereof. In the event of default by the Licensee, the Licensor shall not be obligated to bring a forcible entry and detainer action to terminate Licensee’s rights hereunder, provided termination of Licensee’s rights hereunder is available to Licensor as a remedy. 8. Default. In the event of the failure of any party to perform any or all of its duties and obligations under the terms and conditions of this License Agreement, including payment of the license fees and the costs hereunder, the other party shall notify the defaulting party of such default in writing, and the defaulting party shall have thirty (30) days from receipt of such notice to cure the default. In the event said default is not cured within said cure period, or in the event of repeated defaults, the non-defaulting party shall be entitled to all remedies available at law and/or equity to enforce its rights under this License Agreement, and shall be entitled to recover its costs in bringing such suit, including its reasonable attorney’s fees. 9. General Insurance Provisions. A. Evidence of Insurance - Licensee shall procure, maintain and keep in effect throughout the Term a policy or policies of commercial general liability insurance with limits of not less than $3,000,000 for each occurrence, and such other insurance coverage in the types and amounts set forth on the Certificate of Insurance attached hereto as Exhibit C and incorporated herein (the “Insurance Coverage”). The limit can be satisfied by a combination of primary and umbrella/excess liability insurance. Prior to the commencement of the Term, Licensee agrees to cause said Certificate of Insurance to be amended to reflect that it is the insured, and that the Licensor and the Licensor’s officers, members and employees are each primary, non- contributory additional insureds on said policy, but for the acts and omissions of Licensee and for whom Licensee is responsible. B. Prior to August 1, 2021, the Licensee shall furnish the Licensor with the above described Certificate of Insurance, and applicable policy endorsements, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. Resolution 21-R-0068 Page 3 of 16 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] Failure of the Licensor to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of the Licensor to identify a deficiency from evidence that is provided shall not be construed as a waiver of any insurance obligations herein. The Licensor shall have the right, but not the obligation, of prohibiting the Licensee from using or occupying the Subject Property and Licensed Premises until such Certificates of Insurance are received by the Licensor. All Certificates of Insurance required herein shall also state that no cancellation of the insurance shall become effective until the expiration of thirty (30) days written notice thereof shall have been given by the insurance company to the Licensor via first class mail. With respect to liabilities of Licensee arising from this Agreement, all coverages required herein shall be primary insurance as respect the Licensor. Any insurance or self- insurance maintained by the Licensor, its officials, officers, employees, volunteers and agents shall be in excess of insurance maintained by the Licensee, and shall not contribute with said coverages/insurance. The Licensee agrees that all policies and/or coverages required by its contractors shall contain a “contractual liability” clause. Acceptability of Insurers - The Licensee shall require its contractors to be insured by insurance companies which obtain a rating from A.M. Best, that rating should be no less than A- VII using the most recent edition of the A.M. Best’s Key Rating Guide. All insurance required herein shall be placed with insurers licensed to do business in the State of Illinois and licensed by the Illinois Department of Insurance. Cross-Liability Coverage - Certificates of Insurance not written on the standard ACORD form shall be endorsed to provide cross-liability coverage. Renewal of License and Abandonment of Facilities. The plan and manner of execution or operation shall meet the approval of and be done to the satisfaction of the City Administrator or his authorized representative. Any and all of the aforesaid facilities shall be maintained by the Licensee at his sole expense. The Licensee may renew this license by property application prior to its expiration. Ifthe Resolution 21-R-0068 Page 4 of 16 ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] Licensee elects not to renew the license or it is denied, then the City Administrator shall serve a ninety (90) day written notice to the last known address of the Licensee to remove or relocate the facilities. If the Licensee wishes to abandon use of its cable, ducts, or other Facilities to provide Telecommunications Services or Interstate Telecommunications Services under or pursuant to the License, or upon cancellation, revocation or termination of the privilege herein granted, Licensee shall notify Licensor and may, subject to Licensor’s approval, which shall not be unreasonably withheld, permanently abandon the improvements in place. 11. — Protection of Vegetation. It is further agreed that no trees, or shrubs, shall be cut, trimmed or removed nor shall any building or utilities of the Licensor be disturbed without the written permission of the City Administrator or his authorized representative, whose permission shall not be unreasonable withheld, conditioned or delayed. 12. Construction/Restoration of Property. The Licensee agrees that the installation of the conduit will be performed without any trenching or open trenching. Said construction, installation and maintenance shall utilize directional bore installation under any City streets, parkways and right-of-way areas where necessary. All movement and storage of equipment and materials shall be confined to the area designated by the City Administrator or his authorized representative. All surplus excavated material shall be disposed of off the Licensor’s property. All trees, stumps, and other debris resulting from construction operations shall be disposed of off the Licensor’s property. Within thirty (30) days after construction operations have been completed, all areas disturbed by construction operations shall be graded and restored to their original contours and conditions. The backfill settlement repair period shall be for one (1) year from date of placing of said backfill, during which time the affected areas shall be maintained by the Contractor in a condition satisfactory to the Licensor. 13. Liability of the Licensor. It is further understood and agreed that the Licensor shall not be liable for any damages or injury to any person or property arising from, growing out of, or incident to the construction, operation, or maintenance of the aforesaid facilities for which the license is issued, except if such damages or injury are the result of Licensor’s own intentional misconduct or negligence. 14. Indemnification. To the fullest extent permitted by law, both parties shall indemnify and hold harmless the other party and its officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses, including but not limited to legal fees (reasonable attorney and paralegal fees and court costs), arising from or in any way connected with (i) any act, omission, wrongful act or negligence of either party or any of its officers, agents, employees, volunteers, contractors, subcontractors, vendors, or of anyone acting on behalf of the other party ; and, (ii) any accident, injury, death, or damage whatsoever occurring, growing out of incident to, or resulting directly or indirectly from either party’s use of the Subject Property and Licensed Premises. Such obligation shall not be construed to Resolution 21-R-0068 Page 5 of 16 ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. Either party’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses, or expenses arising out of or resulting from the negligence, misconduct or breach of this section by the other party , its officials, officers, employees, agents, or representatives. In no event shall either party be entitled to damages for lost profits, lost opportunity or lost income arising from either party’s performance under this License. This License Agreement is entered into for the sole benefit of the parties hereto, and nothing in this License Agreement shall be construed as either expressly or indirectly extending, establishing, or acknowledging any rights or obligations in favor of third persons who are not signatures or beneficiaries to this License Agreement. 15. Supervision. The Licensee assumes and exercises full responsibility for the supervision of its employees, contractors, sub-contractors, suppliers, vendors, and agents during the term of this License Agreement. This paragraph is inserted solely for the benefit of the contracting parties, and is not intended to establish, impose or acknowledge any duty to supervise as to third parties. 16. Notice. All notices required shall be in writing and shall be given in the following manner: A. By personal delivery of such notice; or B. By mailing of such notice to the addresses recited herein by certified mail, postage pre-paid, return receipt requested. Except as otherwise provided herein, notice served by certified mail, shall be effective on the date of mailing; or (ey By sending facsimile transmission. Notice shall be effective as of date and time of facsimile transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A.M. to 4:30 P.M. Chicago time). In the event fax notice is transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission; or D. By depositing such notice with a nationally recognized overnight courier. Notice shall be effective upon being deposited with the overnight courier. Any party shall have the right to designate any other address for notice purposes by written notice to the other party or his attorney in the manner aforesaid. Resolution 21-R-0068 Page 6 of 16 ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] The addresses of the parties are as follows: If to Licensee: If to Licensor: Everstream GLC Holding Company LLC Michael Guttman, Attn: General Counsel City Administrator 1228 Euclid Avenue City of West Chicago Suite 250 475 Main Street Cleveland, OH 44115 West Chicago, IL 60185 FAX: (216) 394-0596 FAX: (630) 231-0523 With a required copy to: Patrick K. Bond, Esq. Bond Dickson, P.C. 301 S. County Farm Road, Ste E Wheaton, IL 60187 FAX: (630) 681-1020 17. Prohibited Uses and Activities. The Licensee agrees to keep the Subject Property and Licensed Premises in a clean, safe, and sanitary condition. The Licensee further agrees that it shall abide by any and all applicable laws, ordinances, statutes and regulations of the County, the State of Illinois and the United States of America and enforcement and regulatory agencies thereof, which regulate or control the Licensee’s use of the Site. 18. Subject Property and Licensed Premises Disclaimer. The Licensee expressly acknowledges that the Licensor has made no representations or warranties, express or implied, as to the adequacy, fitness or condition of the Subject Property and Licensed Premises for the purposes set forth herein, or for any other purpose or use, express or implied, by the Licensee. ALL IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY AND HABITABILITY ARE HEREBY EXCLUDED. The Licensee accepts use of the Subject Property and Licensed Premises and any improvements thereon in “AS-IS” condition and “WITH ALL FAULTS”. The Licensee acknowledges that it has inspected the Subject Property and Resolution 21-R-0068 Page 7 of 16 ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] Licensed Premises and has satisfied itself as to the adequacy, fitness and condition thereof. 19. Right to Relocate. If during the term of the License Agreement, the Licensor is required to perform any work on the roadway involved hereunder, including but not limited to, improvements or reconstruction, or for any other reason, and in the reasonable judgment of Licensor such work necessitates relocation of the Licensee’s cable or equipment, the Licensee shall be solely responsible for relocating the conduit, other cables or equipment thereon and shall be solely responsible for any and all costs associated therewith, except as provided by law where a third party may be responsible for the cost of such relocation, including, but not limited to situations of eminent domain, airport improvement, urban renewal, and/or public transportation projects. In the event Licensee is required to relocate its infrastructure Facilities due to the construction of a public improvement, Licensor shall provide Licensee with notice at least one hundred twenty (120) days prior to any required action of Licensee to relocate its infrastructure Facilities and shall cooperate with the Licensee to identify a replacement and alternative Public Right-of-way for the relocation of its infrastructure Facilities. Said relocation shall be fully completed within one hundred eighty (180) days from the date of receipt of the Notice accompanied by a preliminary engineering design plan. In the event said relocation is required outside the Licensor’s right-of- way or delayed due to the fault of a third party, Licensee shall make a written request for an extension for the completion of said relocation. Provided Licensee uses all commercially reasonable measures to relocate the telecommunications services, the Licensor’s approval shall not be unreasonably withheld. 20. Right to Enter. The Licensor reserves the right to enter upon and repair any or all damage to areas surrounding the licensed premises, and if such damage is caused by Licensee, then the actual, reasonable and documented cost of such repair will the responsibility of Licensee. 21. Miscellaneous. A. The parties agree that no change or modification to this License Agreement, or any exhibits or attachments hereto, shall be of any force or effect unless such amendment is dated, reduced to writing, executed by both parties, and attached to and made a part of this License Agreement. B. The parties agree that the titles of the items of this License Agreement, hereinabove set forth, are for convenience of identification only and shall not be considered for any other purpose. Cc. The parties agree that if any provision of this License Agreement is held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remainder would then continue to conform to the purposes, terms and requirements of applicable law. Resolution 21-R-0068 Page 8 of 16 ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] D. This License Agreement shall be construed, governed, and enforced according to the laws of the State of Illinois and any action to enforce this License Agreement may be brought in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. LICENSEE, Everstream GLC Holding Company LLC: By: Name Title Attest: Name Title LICENSOR, City of West Chicago: By: Ruben Pineda, Mayor City of West Chicago Attest By: Nancy M. Smith, City Clerk City of West Chicago Resolution 21-R-0068 Page 9 of 16 ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "A" to CITY OF WEST CHICAGO/EVERSTREAM GLC HOLDING COMPANY LLC AGREEMENT. Licensee will enter West Chicago via the pathing below: Project Disposition Total Footage of Cable Installed: 75,043 ft Total Footage of Conduit Installed: 56,778 ft e EVR-ST-210 (Total Footage: 11,446 ft) o Segment begins at the proposed handhole on the south side of North Ave just east of Oak Rd. Everstream then proposes to place 370 LF of 1-2” conduit until reaching the proposed handhole on the north side of North Ave. o Everstream then proposes to place 3,152 LF of 1-2” conduit going east along North Ave until reaching the northeast corner of Powis Rd and North Ave, where a handhole is proposed. In between, a total of 3 handholes are proposed in this run. o At the northeast corner of Powis Rd and North Ave, Everstream proposes to go south and place 7,590 LF of 1-2” conduit until reaching the existing ATT manhole at Hawthorne Ln. Along this run, handholes are proposed at North Ave, 1985 Powis Rd, 3N125 Powis Rd, Powis Ct, 1665 N Powis Rd, Arthur Dr, 1400 Powis Rd, 1280 Powis Rd, 1160 Powis Rd, Harvester Rd, Blackhawk Dr, and 1801 W Hawthorne Ln o Ending location is the ATT manhole at Powis Rd and Hawthorne Ln e EVR-ST-255 (Total Footage: 9,460 ft) o Segment begins at the existing ATT manhole at Hawthorne Ln and Arbor Ave, where the conduit crosses Arbor Ave and meets a handhole on the other side of the street (47 LF). o The proposed conduit then runs south for 5338 LF until the proposed handhole at the northwest corner of Arbor Ave and Washington St. In Resolution 21-R-0068 Page 10 of 16 ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] between, there are proposed handholes at 821 Arbor Ave, 1N617 Arbor Ave, National St, Elmwood Ave, Grand Lake Blvd, and York Ave. The proposed conduit then crosses both Arbor Ave and Washington St before meeting a proposed handhole on the south side of Washington St (139 LF). The proposed conduit then runs south for 613 LF along High St until meeting a proposed handhole at the northwest corner of High St and Center St The proposed conduit then turns east and runs along the north side of Center St for 981 LF until meeting a proposed handhole at the southeast corner of Oakwood Ave and Washington St. The proposed conduit then heads east along the south side of Washington St for 2,103 LF before terminating at the existing ATT manhole near the southeast corner of Washington Rd and Easton Ave. In between, a handhole is proposed at Neltnor Blvd e EVR-ST-264 (Total Footage: 8,948 ft) ° Segment begins at existing ATT manhole on St Charles Rd about 600’ east of Anderson Ct. The proposed line then runs west 946 LF before meeting a proposed handhole at St Charles Rd and Prince Crossing Rd The proposed line then shifts south along Prince Crossing Rd before ending at proposed handhole south of Meadow Ridge Dr (7,925 LF). From this handhole, the proposed conduit then crosses Prince Crossing Rd and terminates at existing ATT manhole about 243’ south of Meadow Ridge Dr e EVR02-03 (Total Footage: 10,700 ft) ° ° Segment begins at existing ATT manhole at Powis Rd and Hawthorne Ln and runs east before terminating at existing ATT manhole at Arbor Ave and Hawthorne Ln (10,700 LF) All work is existing ATT ducts Resolution 21-R-0068 Page 11 of 16 ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] e EVR02-06 (Total Footage: 7,565 ft) o Segment begins at existing ATT manhole near the southeast corner of Washington St and Easton Ave. o The proposed installation will run 1,831 LF east to Prince Crossing Rd before shifting north o From the intersection of Geneva Rd and Prince Crossing Rd, the proposed installation will run 5,734 LF north before terminating at the existing ATT manhole on Prince Crossing Rd about 243’ south of Meadow Ridge Dr o All work is in existing ATT ducts e 2.91 (Total Footage: 8,377 ft) o Segment begins at handhole proposed under separate cover (EVR-ST- 255) at Neltnor Blvd and Washington St co The proposed line then runs south along the west side of Neltnor Blvd to just south of Dayton Ave (8,233 LF). In between, there are proposed handholes at Colford Ave, 330 S Neltnor, 340 S Neltnor, Conde St, Stimmel St, Brown St, Forest Ave, Glen Ave, Augusta Ave, and Dayton Ave. Between Forest Ave and Augusta Ave, the line shifts to the east side of Neltnor Blvd o The ending point is the proposed handhole at the southwest corner of Neltnor Blvd and Dayton Ave e 2.75B (Total Footage: 1,131 ft) o Segment begins at proposed handhole along Joliet St just north of Neltnor Blvd. Segment then runs south along Joliet Rd and Neltnor Blvd before hitting the West Chicago border (344 LF) o Ending location is the West Chicago border along Neltnor Blvd e 2.76ACEG (Total Footage: 11,984 ft (UG), 107 ft (Aerial)) o Segment begins at proposed handhole along Joliet St just north of Neltnor Blvd. Segment then continues north 4,712 LF to Roosevelt Rd. Resolution 21-R-0068 Page 12 of 16 ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] In between, there are handholes at Wilson St, 0S671 Joliet St, Joy Rd, 1190 Joliet St, and Roosevelt Rd. o The proposed line then turns east for 1736 LF along Roosevelt Rd before meeting a proposed handhole at Roosevelt Rd and Dayton Ave. There are 2 proposed handholes in between along this run co The proposed line then crosses Roosevelt Rd and heads east along the south side of Dayton Ave. Where Dayton Ave becomes Sarana Blvd, the proposed line shifts south until it meets the proposed handhole at Sarana Blvd and Roosevelt Rd. Along this run, there is a handhole at Neltnor Blvd and Dayton Ave and one at Dayton Ave and Sarana Blvd o The proposed line then heads southeast along the north side of Roosevelt Rd until meeting its endpoint at Garys Mill Rd. In between, there are proposed handholes at River Glen Rd, 29W150 Roosevelt Rd, Prince Crossing Rd o Ending point is at the intersection of Roosevelt Rd and Garys Mill Rd e EVR-ST-292 (Total Footage: 1,807 ft) o Segment begins at existing ATT manhole at Hawthorne Ln and Carolina Dr. The proposed line then continues north for 1,763 LF before connecting with another existing ATT manhole at 1130 Carolina Dr. In between, handholes are proposed at Hawthorne Ln, 1075 Carolina Dr. and 1100 Carolina Dr. o There is also a short proposed line crossing Carolina Dr at 1135 Carolina Dr e EVR-ST-293 (Total Footage: 3,518 ft) o Segment begins at existing ATT manhole at 1130 Carolina Dr. The proposed line then runs north for 593 LF before terminating at a proposed handhole at the intersection of Carolina Dr and Winston St. o The proposed line then runs east along Winston St for 620 LF before terminating at a proposed handhole at Winston St and Atlantic Dr Resolution 21-R-0068 Page 13 of 16 ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] o The proposed line then runs south for 2,305 LF before terminating at the existing ATT manhole at the intersection of Hawthorne Ln and Atlantic Dr. Along this run, there are handholes proposed at 1050 Atlantic Dr and Hawthorne Ln Resolution 21-R-0068 Page 14 of 16 ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] Ci Ee eras! emi tec mans Zn —i ‘, Everstream - West.Chicago,~; i a ; ww Ne | Seem 4 ! eK Trae I —“\Legend |_| == Underground | See Beals — = 7 So) Aerial a i “\—— State Routes erent Teel H 4 = —— County Roads Geneve 1 Dereetecin | mnact a ‘i ere Sac en 4 —— cee os i a omen Ye8 wah * tay tc ctnetntaty jpg: cone Yodo, See Je - Vaattnean Sau tas yt r Date: 7/28/2021 Ain ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "B" to CITY OF WEST CHICAGO/EVERSTREAM GLC HOLDING COMPANY LLC LICENSE AGREEMENT Engineering plan sets entitled: Engineering plan set EVR-ST-210, as prepared by Nick Gray, Project Number 19-0724, latest revision dated 3-19-21 consisting of 22 engineering plan sheets Engineering plan set EVR-ST-255, as prepared by Nick Gray, Project Number 19-0724, latest revision dated 4-7-21 consisting of 19 engineering plan sheets Engineering plan set EVR-ST-264, as prepared by Nick Gray, Project Number 19-0724, latest revision dated 4-7-21 consisting of 17 engineering plan sheets Engineering plan set EVR02-03, as prepared by Ana Villagomez, Project Number 19-0724, latest revision dated 3-18-20 consisting of 4 engineering plan sheets Engineering plan set EVR02-06, as prepared by Ana Villagomez, Project Number 19-0724, latest revision dated 3-18-20 consisting of 7 engineering plan sheets Engineering plan set CHIC.2.91, as prepared by Nick Gray, Project Number 20-1207, latest revision dated 7-15-21 consisting of 16 engineering plan sheets Engineering plan set CHIC.2.75B, as prepared by Nick Gray, Project Number 20-1207, latest revision dated 2-18-21 consisting of 1 engineering plan she Engineering plan set CHIC.2.76A,C,E,G, as prepared by Nick Gray, Project Number 20-1207, latest revision dated 5-3-21 consisting of 22 engineering plan sheets Engineering plan set EVR-ST-292, as prepared by Nick Gray, Project Number 20-1207, latest revision dated 5-3-21 consisting of 4 engineering plan sheets Engineering plan set EVR-ST-293, as prepared by Nick Gray, Project Number 20-1207, latest revision dated 4-8-21 consisting of 8 engineering plan sheets Resolution 21-R-0068 Page 15 of 16 ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "'C" to CITY OF WEST CHICAGO/EVERSTREAM LICENSE AGREEMENT e Everstream GLC Holding Company LLC Certificate of Liability Insurance (Page 1) attached. e Required Endorsement documents on file with the City of West Chicago. Resolution 21-R-0068 Page 16 of 16 ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] ® DATE (MM/DDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and con is of the policy, certain policies may require an endorsement. A statement on certificate does not confer rights to the certi ieu of such endorsement(s). PRODUCER GeNAc’ Joseph Disantis Britton Gallagher & Associates Inc PHONE: ety, (216) 658-7100 FRE Noy: (216) 658-7101 One Cleveland Center, Floor 30 EMAL <. Joseph. Disantis@BrittonGallagher.com 1375 East 9th Street INSURER(S) AFFORDING COVERAGE NAIC # Cleveland OH 44114 INSURERA: Charter Oak Fire Insurance Co 25615 INSURED INSURER B: !he Phoenix Insurance Company 25623 MidWest Fiber Holding, LP INSURERC: Travelers Prop Cas Co of Amer 25674 1228 Euclid Avenue INSURER D: Standard Fire Insurance Company 19070 Suite 250 INSURER E : Cleveland OH 44115 INSURER F : COVERAGES CERTIFICATE NUMBER: _21/22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fi TYPE OF INSURANCE iil POLICY NUMBER Raa ae (MRIDDIVEY) LIMITS ><} COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE gs 1,000,000 [DAMAGE TO RENTED ctaims.mane | ><] occur PREMISES (Ea occurrence) _| $_300,000 MED EXP (Any one person) s_ 15,000 A 6305J190870 07/01/2021 | 07/01/2022 | personar anv insury | § 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3. 2000,000 pouicy | ><] S82 = [><} Loc PRODUCTS - comP/OPAGG_| $_ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY feel aah eu s 1,000,000 ><] ANY AUTO BODILY INJURY (Per person) | $ OWNED SCHEDULED 5 B AUTOS ONLY AUTOS BA1N786551 07/01/2021 | 07/01/2022 | BODILY INJURY (Per accident) | $ HIRED. ] NON-OWNED PROPERTY DAMAGE ry AUTOS ONLY —_|__] AUTOS ONLY (Per accident) | Comp/Coll Deductible $ 5,000 |__| UMBRELLALIAB | ><] excess Las ANTONE CUP5J250754 07/01/2021 } 07/01/2022 | aggregate 5,000,000 oe0 | ><} retention s_ 10,000 $ WORKERS COMPENSATION PER OTH: AND EMPLOYERS’ LIABILITY YIN >| Statute ER! ATaUO‘Oo0 D | OuCEOMEMBER EXCLUDES OYE TN] [NA UBS5J194567 07/01/2021 | 07/01/2022 | EL-EACH ACCIDENT —— (Mandatory si NE) E.L. DISEASE- ea empLoree | s_ 1,000,000 If yes, describe under 4,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - PoLicyumiT | $_ 1,000) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of West Chicago, its officials, employees, agents and volunteers are included as Additional Insured as required by written contract per the policy terms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of West Chicago ACCORDANCE WITH THE POLICY PROVISIONS. 475 Main Street AUTHORIZED REPRESENTATIVE West Chicago IL 60185 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD