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Home My WebLink About019-R-184/4/2018 19-R-18 A RESOLUTION Authorizing Extension of a License to Comcast, Allowing Maintenance of a Building and Fence in the Public Right -of -Way of Mulford Street and Park Land in James Park WHEREAS, Comcast Cable Communications, LLC ("Licensee") is the franchised cable operator for the City of Evanston, and is legally licensed to operate and locate facilities within the City for the purpose of distributing communication signals to customers; and WHEREAS, Licensee is required to maintain and upgrade the existing cable network; and WHEREAS, maintaining the existing facility located in James Park is necessary for Licensee to satisfy its responsibilities per the franchise agreement; and WHEREAS, pursuant to Resolution 3-R-99, attached hereto as Exhibit A and incorporated herein by reference, the City Council of the City of Evanston approved the license agreement to permit construction and maintenance of the facility, and the license agreement was renewed pursuant to Resolutions 19-R-09, 20-R-12, 61-R-12, and 55-R-15, all to permit future maintenance of the aforesaid facility; and WHEREAS, the City Council of the City of Evanston finds and determines that the best interests of the City and its residents would be served by renewing the license and amending the agreement to clarify certain terms, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 19-R-18 part hereof. SECTION 1: The foregoing recitals are hereby found as fact and made a SECTION 2: The City Manager is hereby authorized to sign a License Renewal and Amendment of the License Agreement, attached hereto as Exhibit B and incorporated herein by reference, by and between the City, as Licensor, and Licensee, providing for maintenance of a building and fence on the public right-of-way of Mulford Street and park land in James Park, in Evanston, Illinois. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Extension as he may determine to be in the best interests of the City. SECTION 4: That this Resolution 19-R-18 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attes Devon Reid, City Clerk /� Adopted: / "la� j q 12018 W -. -- - WI/10 M 'V1 Approved as to form: Michelle L. Masoncup, Intern City Attorney -2- 19-R-18 EXHIBIT A Revocable License Agreement -3- 01/14/2909 17:13 847-240-2626 CE14CAST PiGE LO/10 11FK2-20130 99:E? =1 CHICAGO ...� �..........�.. ..1S3PJ'1162Z%, P.1,%12 .. r�� rrt�e6 rsanagem>»ns c•�-'�'ro-o••`+,. f fx"IBIT "A" RJCENSE AGREEMENT THAT PART OF 1,Hsu oRD STttEf' 1" IttaliT OF WAY OW-70FORE DEDICAM) FER DOM'N-1Fh'T N.U-%tBE t x 21498).1 OGE'iM %%TM TMT PART OF A TRACT 00 L D LYWO NORTH OF T}1Ei117M LIKE OF Y11E C.C.S &- M AA&WAY 314H:' C F WAY AflV WE5 OFANDADIACWTOTHE WESTLreOFT4PAST Jr.OF7HENOR'iiiwEsV4OFSF.CTION:5.TOW:SW-610CitTlif9A.':GB'3. SAST OFTHETHIRD PRWCtPAL WMDEXR. (SAID MT- ALSO R G M WEST LZE OF SAID 9t1LFORD ST U I' 81GHT CT WAYt- MOREPARTICULARLY DESCRM AS FOLLOWS COMMENCING AT= P01N1' OF oFimE moN or- m- WEST un c%THE East IR 4Fvl ?mRiNW)ST' 114 C F : z Il0 Y 25 A:YD =- NOVE t.it0i OF SAID RAILWAY KIGHT OFWAY. (SAID WERS£C170N ALSO UM THE SOVMWI;ST COR1(E t OF S/J0 ` ULFO W SIREN RIORT OiFWAn ii11TTCE NORTH 119 AE.GAF.ES 56 MIS ITS 26 SECONDS EAST. ALU8IGSAJl3:1f3' : M Ll"-E'Of WSORD STRirE,'F. I E29 FEAT; T1�i" NORTH 01 DEGREES 06.NoJ;- FS 19 SECOhT)5 WW, 5AX FEET 70 THE 10)9T OF 9EGMTA THENCE CONTINUING NORTH 01 DEGREES 06 MLYIJTES 19 SECONDS WEST. ALONG THE WEST FACE OF AN EXIT T► rG COI tCREM WALX, 2 M FF.6i' TO A POW O IM Ea(WV0 HACK OFCURB; 7MCE SOVTH 81 DIMS '':9 MSY'ES Z 51",C lqDS rraST, AL O SAID ER1S7 m 9ACK OF CUR6 AND A WFS7ERl.Y 1z mstO*vTHEREOF. A l4 i£Ei miENCE'soum m ima Ei S Il] mti�li'TJ:S 34 S$CON08 F,A r.1➢.1 S FW TO A POIWT 5D FFU NoitTH OF?iIENORTx LV* OFSAID Ct�.S & M MwAY l u Cf OF WAY. THEMM NORTH 89 J)UMEEESi 56 M DRITES 26 SECONDS FAST, ALONG A LM 5.0 FEET NORTH OF A14A PARAI3.:L.WM'aM , IOltTl LINKOF SAID UMWAY PJC41T OF WAY. 60.00 FEET TO TM POLN7 OF REGfiV;Vihm ALL IN COOK IOaUNIY. iLLA OJ if t 'st ! won or Mussoeo rl+rCr wart oa vnr 1 l� a iiB6Ef iim.r of "I SCAB: 1= our MULFORD STPEET. / �� (Hilt WORE DEDICATED) CONCRCM WALK sor Scum Ume or WA MMo saw Nam or $&I /� raym UPC Or CA$ i POINT OF COLIMENCEMENT i• ttzr POINT OF BEG1NNn40 t L CRY OF e4ANSTON eNSWEERING atMSION 19-R-18 EXHIBIT B License Renewal and Extension -4- 01/14/2009 17:19 847-240-2626 CGMCAST P%M 34/10 JW-12-•2m, 09106 N CCI QttC'RM iti mi5I P.9K 12 • • *dam, .•, .,..,..,�,..,,,,��. ..... � �...._ �. __..� ......... - 31171M 3•R•99 A RESOLUTION Authorizing the Grant of a Ucense to MediaOne Allowing Cortstructiion of a Building and placement of a Ferree in the Public RlgEdof•Way of Mulford Street and Park Land In James Pack WHEREAS. MsdiaOne ("Licensee") Is the franchised cable operator for the City , of Evanston and is legally licensed to opetats and totals futilities for the purposfl distributing communication signals to cusbomms; and WHEREAS, Licensee is requited to upgrade the a fisting cable netwotlC 9rul WHEREAS, the proposed facility in Jams Park is a mandatory compone-it of 4 satisfying the franchise agreement; and WHEREAS, the facility will ba located III James Park on property desedixid as follows: THAT PART OF THE MULFORD STREET RIGHT OF WAY (HERETOFtIP E DEDICATEE) PER DOCUMENT NUMBER 2228S598) TOGETHER WITH THAT PART OF A TRACT OF LAND LYING NORTH OF THE NORTH LINE OF INE C.N.S & M RAILWAY RIGHT OF WAY AND WEST OF AND ADJACENT T3 THE WEST LINE OF THE EAST X OF THE NORTHWEST 114 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPA _ MERIDIAN, (SAID LINE ALSO BEING THE WEST LINE OP SAID MULF13I 0 STREE-T RIGHT OF: WAY), MORE PARTICULARLY DESCRIBED AS FOLLOWS: .. COMMENCING AT THAT POINT OF INTERSEOTION OF THE WEST L.IN ; OF THE EAST 34 OF THE NORTHWEST 1/4 OF SECTION 25 AND THE NCRTH LINE OF SAID RAILWAY RIGHT OF WAY. (SAID INTERSECTION ALaO SIZING THE SOVTHWESTCoR ER Of wo MuLFoRo smeu RioKroF WAY); THENCE NORTH 89 DEtEES Sd MINUTES 26 SECONDS EA;iT, + 1 91/14/2089. 17:13 847-248-2626 A N--12-2006 09306 Oct CHHAM • • rOC� 1-f Ytees YFiYtlepvAl�na ny��wa•aa.ui and; COWAST P ME 35/ 10 -R•90 ALONG SAID SOUTH LINE OF MULPORD STREET, 16.29 FEET; THENCE NORTH 01 DEGREES 06 MINUTES 19 SECONDS WEST, 5.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 01 DEGREES CHI MINUTES 19 SECONDS WEST, ALONG THE WEST FACE OF AN MST NG CONCRETE WALK. 28.00 FEET TO A POINT ON THE EXISTING BACK CIF CURB: THI NCE SOUTH a! DEGREES 29 MINUTES 22 SECONDS W6Sf, ALONG SAID EXISTING SACK OF CURB AND ITS WESTERLY EXTENS ON' THEREOF, 60.14 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS EAST,19.15 FEET TO A POINT 5.0 FEET NORTH OF THE NORTH LINE OF SAID C.N.S & M RAILWAY RIGHT OF WAY; THENCE NORTH 8 it DEGREES 56 MINUTES 26 SECONDS CAST, ALONG A LINE 5.0 FEET NORTH OF AND PARALLEL WITHTHE NORTH LINE OF SAID RAII.MN' RIGHT OF WAY. 60.00 FEET TO THE POINT OF BEGINNING, ALL IN CX 1OK COUNTY, iLUNOIS WHEREAS. the City Council of the City of Evanston finds and determine:t t Tat the best interests of the City and Its residents would be served by the granting of it license fa allow the albresaid budding and fence, NOW. THEREFORE, BE rr RESOLVED, by the City Council of the City cif Evanston, Cook County, Illinois! SECTION 1: That the City Manager is hereby authorized and dineded to ski in. and the City Cleric hereby authorized and directed to attest on behalf of the City of Evanston, a Limon" Agreement in substantial conforinity with that attached hen A p as Exhlbit 1 and shade a part hereof, between the City, as Licsnsor, and MedlaOne, . . as Licensee, provlding for consbuctiett of a building and placement of a fence c n the public right-of-way of muV;* d Street and Park land In James Paris. Evanston, tlor ors. 2 01/14/2009 17:13 847-240-2626 COMCAST P%GE 36110 J H-i2 2000 09106 .... CC] 00CAGO ..... 16MIS t , P.193/.12 3•R-99 SECTION 2: That this Resolutlan shalt be i" full force and effect from and alter the date of its passage and approval in the nwnner moulmd by law. Mayor ATTEST: Adopted: 2.2� ,1999 1.- 81/14/2809 17:13 847-248-2626 COiCAST JW-12-20M 09:07 CCI CHIC EXHIBIT i j j(OCABI.E I jr,"SE AGREEMENT P %GE 37/10 1007152231 P.OtIA2 - The City of Evanston, an Illinois municipal corporation, ('City'), for good and valuable consideratlon, receipt of which is acknowladged, does hereby grant to MediaOne {"l.Icensee"), a license to allow a building and fence in they public right -of -wily of Mulford Street and Jaynes Park. Evanston. Said building and fence will be bxated :'n the area legally described as Exhibit A attached hereto and incorporated by re•ie •ence. Ths License's made by the City and accepted by the Licensee upon these two send . conditions. and Licensee agrees that should the Licenses at any time violate a n;+ of sold terms or conditions, or use or attempt to use said property for any other o- c ifterent propose than thatEpecified hereby, then the City may. at its option, immediately j evok-e this License; 1•. That the License Is for the exclusive purpose of altawing the cortstr Wiwi of a building and fence on the public right cf-way at Mulford Street and .lames Par1c, dezedbed as fb9ows: See Exhibit A 2. That Ucensee agrees to obtain any applicable permits required by the Evanston City Code, to construct, install and maintain said buildfng and fence. 3. That. as a material consideration to the City for entering into this Jmm: { and without which time City would not enter Into same, Licensee agrees to inderne iffy and save and hold harmless the City, b successors and assigns, from all llability• fear 61/14/2009 17:13 647-240-2626 ' J W. L2~-2W8 US:07 CCI CHICAGO haC�irT1eN i'�dnagafltgAs o-r�-,-ro-e+a.+x COMCAST . 16=15i?3 P %GE i9/10 t P.113/12 injuries to persons, deaths, or tosses or damage to property resulting from the giving of this License or arising out of or caused by the constuction, installation, maintrmsnce use, presence, or removal of the lighting unit by licensee on the public right cf--way located in the area designated on Exhibit A. The Licensee small. at Its own expanse. appear, defend and pay all charges of attorneys and all costs and other expels+:s these arising from or incurred In connection with any of e provisions. .4. That, prior to the signing of this License. Licensee will provide th a amity with adequate and satisfactory insurance coverage against all risk of harm Orar.y injury to any parry throdgfi a recognized surety, Said insurance will name the City a; a in additional insured and wit) give the City thirty days' notice of cancellation. Uce n.,ee aill ce keep said insuranin effect throughout the term of this License: 5. That this License is tint aseignable or otherwise transferable by We ensee. The Clay O EVANSTON expressly reserves the right to revoke this License upon thirty (30) days' written notice R it is determined in the best interest of the Cdty to do so. in such event L.Wnsee shall have no recourse against the City, and. ii: d rrectod by the City, Licensee shall prompity remove the righting unit end promptly n�tim: to its original condition. In compliance with applicable regulations, any city -owned areri exposed by removal of the lighting unit. 2 0 01/14/2009 17:13 847-240-2626 JLN-M-MO 09=07 CCI CHICAM tOCt i'tT 1 tt} PMfMbjleltnttit a►-r• T7V W.iva C a CAST P %GE 39/10 1630715223g{ PAJ/12 IN WITNESS WHEREOF, this Ucense is executed this day of BY1 ..lei.Y Y3.., Manager Chico a orthern Di 'stun Medfu0ne By: n Rogsevtmrrt. ity Manager City of Evanston Attest: Mary ' . City Clerk 7 4, 4yy 1 •