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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: 76.
Resolution No. 24-R-0070 — License Agreement with Vero Fiber
Network, LLC
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: October 7, 2024
STAFF REVIEW: Mehul T. Patel, P.E., Director of Public Works SIGNATURE.
APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman
SIGNATURE
ITEM SUMMARY:
Attached is the license agreement with Vero Fiber Network, LLC, for the use of City right-of-way along Marcella
Lane, Willow Creek Road, W. Hawthorne Lane, Ingalton Avenue, Hawthorne Lane, Kenwood Avenue, Ann Street,
Joliet Street, E. Geneva Street, Chicago Street, S. Oakwood Avenue, Colford Avenue, E. Hazel Street, Forest
Avenue, Augusta Avenue, S. Oak Street, and Gary’s Mill Road. The licensee is not subject to the City’s license,
franchise, or review fees because it maintains its status as 1) a Telecommunications Retailer under the
Telecommunications Municipal Infrastructure Maintenance Fee Act (“TIMFA”) (35 ILCS 635/) and 2) timely pays
the taxes imposed by the Simplified Municipal Telecommunications Tax Act (“SMTT”) (35 ILCS 636/5) to the State
of Illinois.
ACTIONS PROPOSED:
Approval of Resolution No. 24-R-0070.
COMMITTEE RECOMMENDATION:
This item did not go to the Committee, as it follows the same parameters previously approved by the City Council
for license agreements.

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RESOLUTION NO. 24-R-0070
A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE A CERTAIN LICENSE AGREEMENT WITH
VERO FIBER NETWORK, LLC FOR
THE USE OF CITY RIGHT-OF-WAY ALONG MARCELLA LANE, WILLOW
CREEK ROAD, W. HAWTHORNE LANE, INGALTON AVENUE,
HAWTHORNE LANE, KENWOOD AVENUE, ANN STREET, JOLIET STREET,
E. GENEVA STREET, CHICAGO STREET, S. OAKWOOD AVENUE,
COLFORD AVENUE, E. HAZEL STREET, FOREST AVENUE, AUGUSTA
AVENUE, S. OAK STREET, AND GARY’S MILL ROAD
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 between the City of West Chicago and Vero Fiber Network, LLC,
for use of City right-of-way along Marcella Lane, Willow Creek Road, W. Hawthorne
Lane, Ingalton Avenue, Hawthorne Lane, Kenwood Avenue, Ann Street, Joliet Street,
E. Geneva Street, Chicago Street, S. Oakwood Avenue, Colford Avenue, E. Hazel
Street, Forest Avenue, Augusta Avenue, S. Oak Street, and Gary’s Mill Road, in
substantially the form attached hereto and incorporated herein as Exhibit “A”.
APPROVED this 7" day of October 2024
AYES:
NAYES:
ABSTAIN:
ABSENT:
Ruben Pineda, Mayor
ATTEST:
Valeria Perez, Executive Office Manager

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ClTY OF
WEST CHICAGO
WHERE HISTORY & PROGRESS MEET
September 12, 2024
Ken Tomsik
Terrazon Group/Vero Fiber Networks
639 N Heartland Dr.
Sugar Grove, IL 60554
RE: _ Vero Fiber Networks Conduit Installation
Work Location: Various Locations
Project No.: 101004
Permit Application: Approved As Noted for Procurement of a License Agreement
(Not Approved for Construction)
CWC Utility Permit #2405013
Dear Mr. Tomsik:
Thomas Engineering Group, LLC, on behalf of the City of West Chicago, has conducted a
review of the utility permit application originally received on May 28, 2024, for work associated
with Vero Fiber Networks conduit installation along various roadways within the City of West
Chicago.
The original submittal included the following documents:
e Vero Fiber Networks permit request identifying Ken Tomsik as the permit applicant, dated
June 4, 2024.
e The following revised Engineering Plan Sets as prepared by NB+C Engineering Services,
LLC.:
{e)
°
°
°
°
Segment 1, revised 8-12-24, along Marcella Ln., Willow Creek Rd., W Hawthorne
Ln., and Ingalton Ave.
Segment 2, revised 7-10-24, along Hawthorne Ln., Prince Crossing Rd., Geneva
Rd., and Indian Knoll Rd.
Segment 3, revised 8-20-24, along E Washington St., N Neltnor Blvd, Colford
Ave., Chicago St., Main St., E Geneva St., Joliet St., Ann St., and Kenwood Ave.
Segment 3 Railroad Crossing, revised 8-6-24, along Ann St.
Segment 4, revised 8-5-24, along Joliet St., Forest Ave., Augusta Ave., S Oak St.,
W Roosevelt Rd., and Garys Mill Rd.
The proposed Vero Fiber Networks work has been Approved As Noted for Procurement of a
License Agreement. Please review the following comments:
e Alicense agreement between Vero Fiber Networks and the City of West Chicago is
required before construction or installation of the proposed utilities.
e This permit is “Approved As Noted” for work within the corporate limits of the City
of West Chicago only. Approval of this permit by the City of West Chicago does not
grant, nor imply, approval for work outside the corporate limits of the City or
475 Main Street T (630) 293-2200 | Ruben Pineda
West Chicago, Illinois F (630) 293-3028 met
60185 www.westchicago.org
| Nancy M. Smith Michael L. Guttman
CITY CLERK CITY ADMINISTRATOR

===== PDF PAGE 54 =====
[Extraction: OCR (rendered-page OCR)]
RE: Vero Fiber Networks Conduit Installation
Project No. 101004
Permit Application: Approved As Noted for Procurement of a License Agreement
(Not Approved for Construction)
CWC Utility Permit #2405013
Page 2 of 3
within any known state, county, township right-of-way or private property.
Additional permits may be required from other agencies and/or property owners.
e The depth of all sanitary sewer laterals and sanitary sewer main shall be verified in
the field prior to the start of construction to avoid damage to the public sanitary
sewer main and private sanitary services.
e Televising of the sanitary sewer mains and sewer laterals on streets with residential
or commercial services shall be required at the end of construction to verify the
integrity of public sanitary sewer main and private sanitary sewer service where
proposed fiber conduit crosses.
e Any damage to the public sanitary sewer main or private sanitary lateral if
identified shall be reported to the City and/or coordinated with the property owner
and shall be repaired by the Contractor.
e Please note that you are proposing to cross City water main and sanitary sewer
force main at various locations throughout the project area. Vero Fiber or the
contractor must provide a minimum 48-hour notice to the City of West Chicago
Public Works Department to schedule a Watch & Protect at all water main and
sanitary sewer force main crossings. Notification of the crossings can be coordinated
using all of the following emails: publicworks@westchicago.org, gregi@thomas-
engineering.com, and tomt@thomas-engineering.com.
e When work (e.g. bore pit, handhole, directional boring setup, etc.) is being
performed in front of a private property, a minimum one-week notice shall be
provided to the property owner notifying them of the upcoming work, including a
contact number of the field superintendent. Coordination must also be made for the
restoration and/or replacement of any personal items or landscape items damaged
by the contractor’s actions or work.
e Aminimum five-foot horizontal clearance from all existing underground utilities
must be maintained. Any location where the utility will cross a City-owned and
maintained utility, the utility shall be installed a minimum of thirty-six inches above
the City utility or a minimum of eighteen inches below said City utility.
e Any damage to the public asset such as the sidewalk, parkway, curb and gutter,
pavement, utilities, etc., shall be restored to its existing or better condition and to the
satisfaction of the Director of Public Works. Restoration shall be in accordance with
the attached West Chicago Utility Permit Technical Specifications. Sidewalk
restoration shall meet all ADA standards.
o Pavement restoration shall be completed according to Standard RDY-004 -
Pavement Restoration
o Sidewalk and driveway restoration shall be completed according to Standard
RDY-007 - Sidewalk & Residential Driveway Apron and Standard RDY-008
- Commercial & Industrial Driveway Apron

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RE: Vero Fiber Networks Conduit Installation
Project No. 101004
Permit Application: Approved As Noted for Procurement of a License Agreement
(Not Approved for Construction)
CWC Utility Permit #2405013
Page 3 of 3
o Standards can be found on the City’s website at
www.westchicago.org/public-works.
e Proper traffic control standards and practices shall be applied if any roadway
portion is to be utilized for parking construction vehicles, as dictated by IDOT
established regulations.
e When the JULIE locates are requested for this proposed utility work, please
reference the City of West Chicago’s utility permit number (#2405013) associated
with this approved permit.
e Please inform the City when the work is complete, including restoration, so a site
visit can be conducted to verify completion and identify punch-list, if any.
If you have any questions, require additional information, or would like to request a meeting,
please feel free to contact me at (630) 293-2255.
Respectfully,
Greg (vanaush/
Greg Ivanauski
Project Engineer
att: Copy of Submittal: Approved As Noted for Procurement of a License Agreement
ce: File — Utility Vero Fiber Permits 2024
City of West Chicago JULIE

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(Reserved For Recorder's Use Only)
CITY OF WEST CHICAGO / VERO FIBER NETWORK, LLC
LICENSE AGREEMENT
This License Agreement (the “License Agreement”) is entered into this 7" _
day of October 2024, by and between the City of West Chicago, an Illinois
municipal corporation, 475 Main Street, West Chicago, Illinois 60185 (“Licensor”)
and Vero Fiber Network, LLC, 1023 Walnut Street, Boulder, Colorado 80302
(“Licensee”) (collectively, the “Parties”).
RECITALS
A. Licensor owns property commonly known as the following:
Segment 1: Marcella Lane north and south Right-of-Way (R.O.W.) generally
240 feet East of Willow Creek Road westerly to Willow Creek Road east R.O.W.;
Willow Creek Road east R.O.W. generally from the south of Marcella Lane/Woodside
Drive to approximately 1,808 feet southernly to the north R.O.W. of W. Hawthorne
Lane; W. Hawthorne Lane north R.O.W generally from east of Willow Creek Road to
approximately 1,987 feet easterly to Ingalton Avenue west R.O.W., Ingalton Avenue
west R.O.W. generally 171 feet north of James Avenue southernly to James Avenue.
The Licensee is proposing to install approximately 5,836 linear feet of underground
fiber optic cable via the directional bore method, which is located across, through or
under the real estate legally described in Exhibit "A," attached hereto and incorporated
herein by reference (the “Subject Property”).
Segment 2: Hawthorne Lane north R.O.W. generally from west of Ingalton
Avenue to approximately 1,354 feet easterly 75 feet west of the IL-59 (Neltnor Blvd)
centerline; Hawthorne Lane north R.O.W. generally east from approximately 75 feet
of the IL-59 (Neltnor Blvd) centerline to approximately 2,938 feet easterly to Prince
Crossing Road west R.O.W.; Prince Crossing Road west R.O.W. generally south of E.
Hawthorne Lane to approximately 5,207 feet southernly to Geneva Road. The
Licensee is proposing to install approximately 5,050 linear feet of underground fiber
optic cable via directional bore method and install approximately 4,226 linear feet of
underground fiber optic cable via existing AT&T duct run, which is located across,
Resolution 24-R-0070
Page 1 of 15

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through or under the real estate legally described in Exhibit "A," attached hereto and
incorporated herein by reference (the “Subject Property”).
Segment 3: Kenwood Avenue east R.O.W. generally 770 feet south of Ann
Street northernly to Ann Street north R.O.W.; Ann Street north R.O.W. generally east
from Kenwood Avenue to approximately 1,564 feet easterly crossing over to Ann
Street south R.O.W; Ann Street south R.O.W. 1,395 feet easterly to the east R.O.W. of
Joliet Street, omitting 100 feet Canadian National Railroad R.O.W.; Joliet Street east
R.O.W. generally north of Ann Street to approximately 1,323 feet northernly to E.
Geneva Street north R.O.W.; Geneva Street north R.O.W. easterly approximately 420
feet; Main Street south R.O.W. generally from 233 feet west of Chicago Street
easterly to Chicago Street; Chicago Street east R.O.W. generally from Main Street to
approximately 758 feet northeasterly to the Oakwood Avenue west R.O.W.; Oakwood
Avenue west R.O.W. generally south from Chicago Street southernly approximately
167 feet to Colford Avenue south R.O.W.; Colford Avenue south R.O.W. generally
from Oakwood Avenue easternly 1,295 feet to IL-59 (Neltnor Blvd). The Licensee is
proposing to install approximately 7,753 linear feet of underground fiber optic cable
via the directional bore method, which is located across, through or under the real
estate legally described in Exhibit "A," attached hereto and incorporated herein by
reference (the “Subject Property”).
Segment 4: Joliet Street east R.O.W. generally from south of Conde Street
southernly to approximately 4,332 feet to the south R.O.W. of Augusta Avenue;
Forest Avenue south R.O.W. generally from 220 feet west of Bishop Street westerly
approximately 1,080 feet to Joliet Street west R.O.W.; Augusta Avenue south R.O.W.
generally from east of Joliet Street easternly to approximately 2,368 feet to the Oak
Street west R.O.W.; Oak Street west R.O.W. generally from south of Augusta Avenue
to approximately 832 feet southernly to Dayton Street south R.O.W.; Garys Mill Road
south R.O.W. from generally approximately 100 feet west and 65 feet east of the
centerline of Purnell Road. The Licensee is proposing to install approximately 274
linear feet of underground fiber optic cable via directional bore method and install
approximately 7,852 linear feet of underground fiber optic cable via existing AT&T
duct run, which is located across, through or under the real estate legally described in
Exhibit "A," attached hereto and incorporated herein by reference (the “Subject
Property”).
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 the Licensee can
provide telecommunication services, subject to the terms and conditions of this
License Agreement.
C. Licensee has been certified by the Illinois Commerce Commission
pursuant to Section 13-404 of the Illinois Public Utilities Act (PUA) to provide and
resell, intrastate and interstate telecommunication services within the State of Illinois
and pursuant to Section 13-405 of the PUA authorized to provide facilities-based local
exchange telecommunications services within the State of Illinois, pursuant to Illinois
Resolution 24-R-0070
Page 2 of 15

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Commerce Commission Order entered on May 2, 2018.
D. Licensee operates as a Telecommunications Retailer under the
Telecommunications Municipal Infrastructure Maintenance Fee Act (“TIMFA”) (35
ILCS 635/10).
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:
1. The foregoing Recitals are incorporated as if fully set forth herein.
2. 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 shall not be required to pay any
additional fees to the Licensor under this Agreement, including for site specific
permits and/or review fees, so long as 1) Company maintains its status as a
Telecommunications Retailer under the Telecommunications Municipal Infrastructure
Maintenance Fee Act (“TIMFA”) (35 ILCS 635/) and 2) timely pays the taxes
imposed by the Simplified Municipal Telecommunications Tax Act (“SMTT”) (35
ILCS 636/5) to the State of Illinois. Nonetheless, Licensee must comply with all
other Ordinance provisions relating to such excavations or construction.
3. Term. The term of this License Agreement (the “Term”) shall be ten
(10) years, commencing October _7, 2024 and terminating October 6
2034
4. Taxes. Licensee acknowledges that the Subject Property and Licensed
Premises is exempt from real estate taxes, and that to the extent the County Assessor
Resolution 24-R-0070
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[Extraction: OCR (rendered-page OCR)]
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.
6. 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.
7. 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.
8. 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 October 7, 2024 a 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 24-R-0070
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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.
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.
9. 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
reasonable 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. If the 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
Resolution 24-R-0070
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===== PDF PAGE 61 =====
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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.
10. 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.
11. 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.
12. 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.
13. 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
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
Resolution 24-R-0070
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===== PDF PAGE 62 =====
[Extraction: OCR (rendered-page OCR)]
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.
14. 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.
15. 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
C. By sending Email transmission. Notice shall be effective as of
date and time of Email 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 Email
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 24-R-0070
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[Extraction: OCR (rendered-page OCR)]
The addresses of the parties are as follows:
If to Licensee:
Vero Fiber Networks, LLC
Attn: Pam Moore
Title: CEO
1023 Walnut Street
Boulder, Colorado 80302
Fax: N/A
Email: pmoore@veronetworks.com
With a required copy to:
Vero Fiber Networks, LLC
Attn: Gregg Strumberger
If to Licensor:
Michael Guttman,
City Administrator
City of West Chicago
475 Main Street
West Chicago, IL 60185
FAX: (630) 231-0523
mguttman@westchicago.org
With a required copy to:
Patrick K. Bond, Esq.
Bond Dickson, P.C.
1023 Walnut Street 400 Knoll St, Ste E
Boulder, Colorado 80302 Wheaton, IL 60187
FAX: N/A FAX: (630) 681-1020
Email: gstrumberger@veronetworks.com patrickbond@bond-dickson.com
With Invoices to:
Vero Fiber Networks, LLC
Attn: Nicole Burke
1023 Walnut Street
Boulder, Colorado 80302
Fax: N/A
Email: nburke@veronetworks.com
16. 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.
17. 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
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Licensed Premises and has satisfied itself as to the adequacy, fitness and condition
thereof.
18. 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.
19. 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.
20. 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.
C. 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.
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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, Vero Fiber Networks, LLC:
By:
Authorized Representative
Printed Name:
Title:
Attest:
By:
Printed Name:
Title:
LICENSOR, City of West Chicago:
By:
Ruben Pineda, Mayor
City of West Chicago
Attest
By:
Valeria Perez, Executive Office Manager
City of West Chicago
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Exhibit "A" to
CITY OF WEST CHICAGO / VERO FIBER NETWORKS, LLC
LICENSE AGREEMENT
Segment 1:
The installation of approximately 5,836 linear feet of (2) - 1.25" HDPE conduit and
approximately 438 linear feet of 3” HDPE conduit sleeve @ a minimum depth of 18"
by directional bore method and (8) 30"x48"x36" handholes. Installation will be
approximately 5,836 linear feet of pull-through 144ct fiber optic cable through
existing customer conduit in the City right-of-way.
Construction begins East of Wegner, bore 3” HDPE sleeve with 2-1.25” conduits for
approximately 40° crossing Marcella Ln. Install Vero HH near Marcella Ln and
proceed South with bore along Marcella Ln for approximately 250'. Install Vero HH in
the City right-of-way near Marcella Ln & Willow Creek Rd and proceed South with
bore along Willow Creek Rd approximately 950’. Install Vero HH in the City right-of-
way near Willow Creek Rd & Lakeside Dr and proceed South with bore along Willow
Creek Rd approximately 770’ including 3” HDPE sleeve with 2-1.25” conduits for
approximately 66’ & 71” crossing Lakeside Dr twice. Install Vero HH in the City
right-of-way near Willow Creek Rd & West Hawthorne Ln and proceed East with
bore along West Hawthorne Ln approximately 1017’. Install Vero HH in the City
right-of-way near West Hawthorne Ln & Arbor Ave and proceed East with bore along
West Hawthorne Ln approximately 918’ including 3” HDPE sleeve with 2-1.25”
conduits for approximately 155’ crossing Arbor Ave. Install Vero HH in the City
right-of-way near West Hawthorne Ln & Ingalton Ave and proceed South with 3”
HDPE sleeve with 2-1.25” conduits for approximately 65’ crossing Hawthorne Ln.
Proceed bore South along the West side of Ingalton Ave for approximately 485’.
Install Vero HH in the City right-of-way near Ingalton Ave & Risch Ct and proceed
South with 3” HDPE sleeve with 2-1.25” conduits for approximately 47’ crossing
Risch Ct. Proceed bore South along the West side of Ingalton Ave for approximately
1265’.
Segment 2:
The installation of approximately 5,050 linear feet of (2) - 1.25" HDPE and
approximately 298 linear feet of 3” HDPE conduit sleeve @ a minimum depth of 18"
by directional bore method and (5) 30"x48"x36" handhole. Installation will be
approximately 5,050 linear feet of pull-through 144ct fiber optic cable through
existing customer conduit in the City right-of-way.
Construction begins on HH from Segment 1 on Ingalton Ave & Hawthorne Ln.
Proceed East with bore along Hawthorne Ln approximately 915’. Install Vero HH,
proceed East with bore along Hawthorne Ln approximately 400’. Proceed bore East
from the NE corner of Hawthorne Ln & Neltnor Blvd for approximately 231’ along
Hawthorne Ln. Install Vero HH near Hawthorne Ln & Wild Ginger Trail, proceed
East with bore along Hawthorne Ln approximately 1288’ including 3” HDPE sleeve
with 2-1.25” conduits for approximately 44’ crossing Wild Ginger Trail. Install Vero
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HH near Hawthorne Ln & Rosewood Dr, proceed South with 3” HDPE sleeve with 2-
1.25” conduits for approximately 56’ crossing Hawthorne Ln. Proceed bore
approximately 465’ East along Hawthorne Ln. Install Vero HH near Hawthorne Ln &
Campbell Dr, proceed East with bore along Hawthorne Ln approximately 924’
including 3” HDPE sleeve with 2-1.25” conduits for approximately 102’ crossing
Campbell Dr. Install Vero HH near Hawthorne Ln & Prince Crossing Rd, proceed
bore of 3” HDPE sleeve with 2-1.25” approximately 33’ to existing AT&T MH #108.
Install 144CT through existing duct run approximately 942’ from MH #108 to
MH#107. Install 144CT through existing duct run approximately 1,050’ from MH
#107 to MH#106. Install 144CT through existing duct run approximately 738’ from
MH #106 to MH#105. Install 144CT through existing duct run approximately 951’
from MH #105 to MH#104. Install 144CT through existing duct run approximately
748° from MH #103 to MH#102.
Segment 3:
The installation of approximately 7,753 linear feet of (2) - 1.25" HDPE conduit and
approximately 468 linear feet of 3” HDPE conduit sleeve @ a minimum depth of 18"
by directional bore method and (9) 30"x48"x36" handhole. Installation will be
approximately 7,753 linear feet of pull-through 144ct fiber optic cable through
existing customer conduit in the City right-of-way.
Construction begins at Vero HH near Neltnor Blvd & Colford Ave, proceed bore
approximately 1,085’ along Colford Ave including 3” HDPE sleeve with 2-1.25”
conduits for approximately 90’. Install Vero HH, proceed bore approximately 298’
and then turn North to proceed bore approximately 162’. Install Vero HH near
Chicago St & S Oakwood Ave, proceed bore approximately 740’ along Chicago St
including 3” HDPE sleeve with 2-1.25” conduits for approximately 74’ crossing Main
St. Install Vero HH near Chicago St & Main St, proceed bore approximately 198’
along Main St to existing AT&T MH #19. Continue bore West from MH#20
approximately 451° along E Geneva St. Install Vero HH, proceed bore approximately
1,175’ along Joliet St including 3” HDPE sleeve with 2-1.25” conduits for
approximately 59’ crossing E Geneva St & approximately 68’ crossing Spencer St.
Install Vero HH near Joliet St & Conde St, proceed bore approximately 208’ along
Joliet St and turn West to continue bore approximately 56’ of 3” HDPE sleeve with 2-
1.25” conduits. Install Vero HH near Joliet St & Ann St, proceed bore approximately
1,116’ along Ann St including 3” HDPE sleeve with 2-1.25” conduits for
approximately 38’ crossing Weyrauch St & approximately 37’ crossing Wood St &
approximately 56’ crossing W Blair St. Install Vero HH near Ann St & W Blair St,
proceed bore approximately 139’ with 2-1.25” conduits stopping at RR ROW along
Ann St. Proceed bore approximately 264’ along Ann St including 3” HDPE sleeve
with 2-1.25” conduits for approximately 55’ crossing Sherman St. . Install Vero HH
near Ann St & Sherman St, proceed bore approximately 1,168’ along Ann St including
3” HDPE sleeve with 2-1.25” conduits for approximately 83’ crossing Lyman St.
Install Vero HH near Ann St & Kenwood Ave, proceed bore approximately 780’
along Kenwood Ave.
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Segment 4:
The installation of approximately 274 linear feet of (2) - 1.25" HDPE conduit and
approximately 75 linear feet of 3” HDPE conduit sleeve @ a minimum depth of 18"
by directional bore method and (2) 30"x48"x36" handhole. Installation will be
approximately 8,242 linear feet of pull-through 144ct fiber optic cable through
existing customer conduit in the City right-of-way.
Construction begins at HH from Segment 3 on Joliet St & Conde St. Proceed bore of
3” HDPE sleeve with 2-1.25” approximately 6’ to existing AT&T MH #23. Install
144CT through existing duct run approximately 851’ from MH #23 to MH#48. Install
144CT through existing duct run approximately 859’ from MH #48 to MH#49. Install
144CT through existing duct run approximately 879’ from MH #49 to MH#50. Install
144CT through existing duct run approximately 845’ from MH #50 to MH#51. Install
144CT through existing duct run approximately 873’ from MH #51 to MH#52. Install
144CT through existing duct run approximately 73’ from MH #52 to MH#80. Install
144CT through existing duct run approximately 801’ from MH #80 to MH#81. Install
144CT through existing duct run approximately 727’ from MH #81 to MH#82. Install
144CT through existing duct run approximately 785’ from MH #82 to MH#83. Install
144CT through existing duct run approximately 923’ from MH #83 to MH#84. Install
144CT through existing duct run approximately 329’ from MH #84 to MH#85.
Beginning construction at existing AT&T MH #50, proceed bore approximately 420°
along Joliet St and install Vero HH. Beginning construction at existing AT&T MH
#50, proceed bore approximately 272’ along Joliet St. Install Vero HH near E Forest
Ave & Joliet St. Beginning construction at Vero HH near E Forest Ave & Joliet St,
proceed bore approximately 939’ along E Forest Ave and install Vero HH.
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Exhibit "B" to
CITY OF WEST CHICAGO / VERO FIBER NETWORKS, LLC
LICENSE AGREEMENT
Engineering plan sets titled, as prepared by NB+C Engineering Services, LLC of Blue
Bell, PA 19422 for Vero Fiber Networks of Boulder, Colorado 80302:
e “Vero Networks, West Chicago, Segment 1, Proposed Fiber Design, 1180
Marcella Ln, West Chicago, IL 60185, DuPage County, Revised 08/12/24”
e “Vero Networks, West Chicago, Segment 2, Proposed Fiber Design, 451
Hawthorne Ln, West Chicago, IL 60185, DuPage County, Revised 07/10/24”
e “Vero Networks, West Chicago, Segment 3, Proposed Fiber Design, 29W025
Geneva Rd, West Chicago, IL 60185, DuPage County, Revised 08/15/2024”
e “Vero Networks, West Chicago, Segment 4, Proposed Fiber Design, 405 Joliet
St, West Chicago, IL 60185, DuPage County, Revised 08/05/24”
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Exhibit "C" to
CITY OF WEST CHICAGO / VERO FIBER NETWORKS, LLC
LICENSE AGREEMENT
e Vero Fiber Network, LLC Certificate of Liability Insurance and Endorsements
(see attached).
Resolution 24-R-0070
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