===== PDF PAGE 25 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: __/:*- Resolution No. 22-R-0038 — First Amendment to License Agreement with Everstream GLC Holding Company , LLC COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: July 18, 2022 STAFF REVIEW: Mehul T. Patel, P.E., CFM, Director of Public Works sonarus Ma) A} APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: Attached is a First Amendment to the License Agreement with Everstream GLC Holding Company, LLC for use of City right-of-way at various locations throughout the City. Said Amendment modifies the License Agreement approved by City Council on August 16, 2021 (Resolution No. 21-R-0068), to include additional locations for placement of telecommunications and utility facilities within the City right-of-way Per the attached Amendment, 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 currently pays, as its fee for right-of-way rental, an annual license fee of $0.10 per lineal foot (LF) for placement of telecommunications and utility facilities within the City right-of-way. The additional footage included in the Amendment (approximately 1,918 LF or $191.80) will be invoiced, and then be included in addition to the current annual fee (currently $6,650.50 annually). ACTIONS PROPOSED: Approval of Resolution No. 22-R-0038. COMMITTEE RECOMMENDATION: This item did not go to Committee, as it follows the same parameters previously approved by the City Council for license agreements. ===== PDF PAGE 26 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 22-R-0038 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN FIRST AMENDMENT TO THE 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 First Amendment to the License Agreement for use of City right-of-way, between the City of West Chicago and Everstream GLC Holding Company, LLC, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 18" day of July, 2022 AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Deputy City Clerk Valeria Perez ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] (Reserved For Recorder’s Use Only) CITY OF WEST CHICAGO/ EVERSTREAM GLC HOLDING COMPANY LLC FIRST AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement (““Amendment”) is entered into this _ day of July, 2022 ("Effective Date"), by and between Everstream GLC Holding Company, LLC (“Licensee”) and City of West Chicago, an Illinois municipal corporation, 475 Main Street, West Chicago, Illinois 60185 (“Licensor”) (collectively, the “Parties”). WHEREAS, Licensor and Licensee entered into that certain License Agreement on August 16, 2021 (the “Agreement”); WHEREAS, the Parties desire to amend the Agreement to include reference of additional “Road Right-of-way” owned by the Licensor and herein referenced (the “Subject Property”). WHEREAS, the Parties desire to amend the Agreement for additional installation, construction, location, operation, and maintenance of telecommunication facilities under the City’s right of way (the “Licensed Premises’) so that Licensee can provide additional telecommunication services, subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants of the Parties, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. All capitalized terms not expressly defined herein shall have the meaning ascribed to such terms as specified in the Agreement. 2. Paragraph “A” in the Recitals of the Agreement shall be in its entirety replaced with the following: 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," Resolution 22-R-0038 Page | of 10 ===== PDF PAGE 28 ===== [Extraction: OCR (rendered-page OCR)] attached hereto and incorporated herein by reference (the “Subject Property”). Estimated total footage of fiber optic cable to be installed within City Right-of-Way is 68,423 lineal feet. 3s Exhibit “A” to the Agreement shall be in its entirety replaced with the Exhibit “A” attached to this Amendment. 4. Exhibit “B” to the Agreement shall be amended to include and reference the following engineering plan set(s), attached hereto and incorporated herein by reference: a. Engineering plan set entitled EVR02-07 b. Engineering plan set entitled EVR-ST-02-32 5. Entire Agreement. This Amendment, together with the Agreement, constitutes the entire and final agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes all prior oral or written agreements relating to the subject matter hereof, which are of no further force or effect. This Amendment may only be modified or supplemented by an instrument in writing executed by each Party and delivered to the Party relying on the writing. 6. Severability. If any term, covenant or condition contained herein is, to any extent, held invalid or unenforceable in any respect under the laws governing this Amendment, the remainder of this Amendment shall not be affected thereby, and each term, covenant or condition of this Amendment shall be valid and enforceable to the fullest extent permitted by law. 7. Counterparts. This Amendment may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. 8. Conflicts. Except as amended by this Amendment, all of the original terms and provisions of the Agreement shall continue in full force and effect, and the Agreement is hereby ratified and confirmed. In the event of any conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall govern. Resolution 22-R-0038 Page 2 of 10 ===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. LICENSEE, Everstream GLC Holding Company, LLC: By: Authorized Representative Printed Name: Title: LICENSOR, City of West Chicago: By: Ruben Pineda, Mayor City of West Chicago Attest By: Valeria Perez, Deputy City Clerk City of West Chicago Resolution 22-R-0038 Page 3 of 10 ===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "A" to CITY OF WEST CHICAGO/ EVERSTREAM GLC HOLDING COMPANY LLC FIRST AMENDMENT TO LICENSE AGREEMENT Licensee will enter West Chicago via the pathing below: Project Disposition Total Footage of Cable Installed: 77,154 lineal feet Total Footage of Conduit Installed: 56,885 lineal feet Total Footage of Cable Installed in City Right-of-Way: 68,423 lineal feet. 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). Resolution 22-R-0038 Page 4 of 10 ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] The proposed conduit then runs south for 5338 LF until the proposed handhole at the northwest corner of Arbor Ave and Washington St. In 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) O° 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) oO 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 22-R-0038 Page 5 of 10 ===== PDF PAGE 32 ===== [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 o 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. In between, there are handholes at Wilson St, 0S671 Joliet St, Joy Rd, 1190 Joliet St, and Roosevelt Rd. Resolution 22-R-0038 Page 6 of 10 ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] ° 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 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 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 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. There is also a short proposed line crossing Carolina Dr at 1135 Carolina Dr e EVR-ST-293 (Total Footage: 3,518 ft) oO ° 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. The proposed line then runs east along Winston St for 620 LF before terminating at a proposed handhole at Winston St and Atlantic Dr 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 e EVR02-07 (Total Footage: 2,004 ft) Resolution 22-R-0038 Page 7 of 10 ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] o Segment begins at existing ATT handhole at Powis Rd and Blackhawk Dr and runs north for 130’ before heading east on Harvester Rd. At Nuclear Dr , the segment turns north before terminating at existing ATT handhole in front of 1275 Nuclear Dr o All work is existing ATT ducts e EVR-ST-02-32 (Total Footage: 103 ft) o Segment consists of 4 proposed Everstream handhole connecting to existing ATT handholes. Handhole A is on Powis Rd just north of Blackhawk Rd, Handhole B is at Powis Rd and Harvester Rd, Handhole C is at Nuclear Dr and Harvester Rd, and Handhole D is in front of 1275 Nuclear Dr. Resolution 22-R-0038 Page 8 of 10 ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] Everstream -West:Chicago Charles Wayne Legend Jderprcund Aerie SRo Geneva Resolution 22-R-0038 Page 9 of 10 ===== PDF PAGE 36 ===== [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 Engineering plan set EVR02-07, as prepared by Nick Gray, Project Number 20-0957, latest revision dated 5-17-22 consisting of 1 engineering plan sheet Engineering plan set EVR-ST-02-32, as prepared by Nick Gray, Project Number 20- 0957, latest revision dated 6-23-22 consisting of 2 engineering plan sheets Resolution 22-R-0038 Page 10 of 10