HomeMy WebLinkAboutRESOLUTIONS-2009-019-R-09 (2)•
4n/2009
3/17/2009
19-R-09
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 ("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 upgrade the existing cable
network; and •
WHEREAS, the existing facility located in James Park is a
mandatory component of satisfying the franchise agreement; and
WHEREAS, the facility located on City property in James Park is
legally described as follows:
THAT PART OF THE MULFORD STREET RIGHT OF WAY
(HERETOFORE DEDICATED PER DOCUMENT NUMBER
22285598) TOGETHER WITH THAT PART OF A TRACT OF
LAND LYING NORTH OF THE NORTH LINE OF THE C. N. S. &
M. RAILWAY RIGHT OF WAY AND WEST OF AND ADJACENT
TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST
114 OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST
OF THE THIRD PRINCIPAL MERIDIAN, (SAID LINE ALSO BEING
THE WEST LINE OF SAID MULFORD STREET RIGHT OF WAY),
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCING AT THAT POINT OF INTERSECTION OF THE
WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 114 OF
SECTION 25 AND THE NORTH LINE OF SAID RAILWAY RIGHT
OF WAY, (SAID INTERSECTION ALSO BEING THE
SOUTHWEST CORNER OF SAID MULFORD STREET RIGHT OF
WAY); THENCE NORTH 89 DEGREES 56 MINUTES 26
SECONDS EAST, ALONG SAID SOUTH LINE OF MULFORD
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 06
MINUTES 19 SECONDS WEST, ALONG THE WEST FACE OF
AN EXISTING CONCRETE WALK, 26.00 FEET TO A POINT ON
THE EXISTING BACK OF CURB; THENCE SOUTH 81 DEGREES
29 MINUTES 22 SECONDS WEST, ALONG SAID EXISTING
BACK OF CURB AND ITS WESTERLY EXTENSION 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 89 DEGREES 56 MINUTES 26
SECONDS EAST, ALONG A LINE 5.0 FEET NORTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID RAILWAY RIGHT
• OF WAY, 60.00 FEET TO THE POINT OF BEGINNING, ALL IN
COOK COUNTY, ILLINOIS;
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 the extension a license to allow the aforesaid building and fence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are hereby found as fact
and made a part hereof.
SECTION 2: That the Interim City Manager is hereby authorized
and directed to sign, and the City Clerk hereby authorized and directed to attest
-2-
19-R-09 •
on behalf of the City of Evanston, a License Agreement in substantial conformity
with that attached hereto as Exhibit A and made a part hereof, by and between
the City, as Licensor, and Comcast, as 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: That the City as Licensor, will be paid by Comcast, as
Licensee, the following amounts:
1st year $1,000.00 per month
2nd year $1,100.00 per month
3rd year $1,200.00 per month
SECTION 4: That this Resolution 19-R-09 shall be in full force and
effect from and after the date of its passage and approval in the manner
provided by law. •
% orraine H. Morton, Mayor
'Rodney Gre6ne, City Clerk( /
Adopted: Ap� ) 1 , 2009
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EXHIBIT A
License Agreement by and between
the City of Evanston and Comcast
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19-R-09
.REINS'TATEIV.+CENTOF AND,
,AMENDMENT TO LEASE
THIS REINSTATEMENT OF AND AMENDMENT TO LEASE entered into this 15th
day ofApril, 2009, by and between the City of Evanston, Illinois ("Landlord") and Comeast of
Illinois IV, Inc. successor -in -interest to Media0ne Acquisitions of Northern Illinois, Inc.
("Tenant").
WHEREAS, Tenant is tenant and Landlord is landlord under a certain License Agreement
originally between Media0ne and The City of Evanston dated March 23,1999 respecting certain
real property located at 2101 Mulford Street, Evanston, Illinois; and
WHEREAS, the Term of the Lease expired on February 28, 2009, and both parties wish
to reinstate the Lease and extend the Term to February 28, 2012.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of
which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. The Lease is hereby reinstated as of March 1, 2009, and the Term of the Lease is
hereby extended through and including February 28, 2012.
2. The monthly rent for the renewal term will be as follows:
March 1, 2009 —February 28, 2010 $1,000.00
March 1, 2010—February28, 2011 $1,100.00
March 1, 2011— February 28, 2012 $1,200.00
Rent will be due on the 1' of every month.
3. All notices or demands required or permitted to be given or served pursuant to this
Lease Amendment shall be deemed to have been given or served only if in writing
.forwarded by (a) hand delivery, (b) certified mail, postage prepaid, or (c)
overnight courier, and addressed as follows: i
To Landlord: City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Attention: City Manager
To Tenant: Comeast of Illinois IV, Inc.
1500 McConnor Parkway
Schaumburg, IL. 60173
Attention: Director of Facilities and Real Estate
With a copy to:. Comcast Cable Communications, LLC
One Comcast Center
1701J'ohn F. Kennedy Boulevard
Philadelphia, PA 19103-2838
Attention: General Counsel
4. All other terms and conditions of the Lease shall remain in fW1 force and effect.
IN WITNESS WHEREOF, the Landlord and Tenant have caused this Amendment to
Lease to be duly executed as of the date first written above.
City of Evanston
By:
Name: Rolanda B. Russell
Title: Interim City Manager
Comcast of Illinois IV, Inc.
Name:4s J� 11i
Title.�G
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01/14/2009 17:13 647-240-2626
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COMCAST
M. CHICAGO _.
Cerdfimtc as Kacper of Rcooxds„ Files and Seat
STATE OF ILLINOIS
COUN TY OF COOK
PAGE 33 / 10
1630716223 t • ,• P. uV12
I, m ARY P. MORRIS, City Clark afthc City of Evanston in the County of Covk And ;Mare
a.£6:es9d, and Keeper of the Records, Fiites and Seal of said Q% do henebyr eextxfy d a t atf: zchnd
hereto is a true and cox3zact Copy of Resoiucion 3-R-99, a Resolution authoriz:.n; rhe.
grant of a lleense to Xtdiafte allowing construction of a builAiAg nand plaeemm: of s
fence in the right -of --way of Mulford Street and park land Sa .camas Paris
tax 4MISmMW ZnetLo 7014 of 0,Pq ` Y-
Lb
;N1 71 b ;M Tv
an ofwmch appears ffirow the rccor& and files in my office.
IN WITNESS WfP.IlEOF.I have hem'mto pie.; flay land
and affixed ttie corporate meal of the City c f f~wsn'+xan
chs sty o£ _ 19'19
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1630716=4 P.08/12
3117199
3-R 99
A RESOLUTION
Authorizing the Grant of a License to MediaOne
Allowing C.Qnstruction of a Building
and Placement of a Fence in the Public Right-of•Way
of Mulford Street and Paris Land In James Park
WHEREAS, IM sdiaOne ("Licensee') is the franchised cable operator for tt a City
of Evanstcn and is legally licensed to operate and locate f cilities for the purpco iK
distributing communication signals to cuslxnmers; and
WHF-REAS, Licensee is required to upgrade the existing cable network: 9 1111
• WHEREAS, the proposed facility in James Park is a mandatory camponoit of
satisfying the franchise agreement and
WHEREAS, the facility will be located in James Park on Property describ(d as
follows;
THAT PART OF THE MULFORD STREET RIGHT OF WAY (HERI`TOFOS E
DEDICATED PER DOCUMENT NUMBER 22285598) TOGETHER WITH i HAT
PART OF A TRACT OF LAND LYING NORTH OF THE NORTH LINE OF THE
CXS & M RAILWAY RIGHT OF WAY AND WEST OF AND ADJACENT T3
THE WF-ST LINE OF THE EAST 34 OF THE NORTHWEST 114 OF SECTION
25, TOWNSHIP 41 NORTH, RANGE 13, EAST OFTHE THIRD PRINCIPA_
MERIDIAN, (SAID LINE ALSO BEING THE WEST LINE OF SAID MULFIXZO
STREET RIGHT OF WAY), MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THAT POINT OF INTERSECTION OF THE WEST LIN ; OF
THE EAST 36 OF THE NORTHWEST 114 OF SECTION: 25 AND THE NC R TH
• LINE OF SAID RAILWAY RIGHT OF WAY. (SAID INTERSECTION ALSO
SeING THE $4MnST CORNER OF SAID MUL.FORD STRIEU RIGHT OF
WAY); THENCE NORTH 69 DEOIREES 56 MINUTES 26 SECONDS EA.iT,
01/14/2009. 17:13 847-240-2G2G
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_ 163071&M 4 P. 2
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ALONG SAID SOUTH LINE OF MULFORD STREET, 16.29 FEET; THEAIC E
NORTH 01 DEGREES 06 MINUTES 19 SECONDS WEST, 5.00 FEET TO THE
POINT OF BEGINNING: THENCE CONTINUING NORTH 09 DEGREES 01i
MINUTES 19 SECONDS WEST, ALONG THE WEST FACE OF AN EXIST NG
CONCRETE WALK, 28.00 FEET TO A POINT ON THE EXISTING BACK OF
CURB; THENCE SOUTH 81 OEGREI~S 29 MINUTES 22 SECONDS W65i',
ALONG SAID EXISTING BACK OF CURB AND ITS WESTERLY EXTENS ON
THEREOF, 60.14 FEET; THENCE SOUTH 00 DEGREES .t}3 MINUTES :.A
SECONDS EAST, 19.15 FEET TO A POINT 5.0 FEST NORTH OF THE NORTH;
LINE OF SAI D C.N.S & M RAILWAY RIGHT OF WAY. THENCE NORTH 8 3
DEGREES 56 MINUTES 26 SECONDS EAST, ALONG A LINE 5.0 FEET
NORTH OF AND PARALLEL. WITH THE NORTH LINE OF SAID RAILWAY
RIGHT OF WAY, 60.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK
COUNTY, ILLINOIS
WHEREAS, the City Council of the City of Evanston finds and determine: t iat
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the best interests of the City and its residents would be served by the granting of; i
license fn allow the aforesaid building and fence.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City c,f
Evanston, Cook County, Illinois.,
SECTION 1' That the City Manager is hereby authorized and directed to sib In,
and the City Clerk heret)y authorized and directed to attest on behalf of the City of
Evanston, a License Agreement in substantial conformity with that attached hen -.to as
Exhibit 1 and made a part hereof, between the City, as Licensor, and MediaOne,
as Licensee, providing for construction of a building and placement of a fence t n the
public right-cf-way of Mulford Street and Park Land in Jarrtes Park. Evanston, IICr ois.
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PAGE 36110
1630716223 t . P. OU/.12
I R,99
SECTION 2: That this Resolution shaft be in Full ford and effect from and alter
the date of its passago and approval in the manner , uired by law.
Mayor
ATTEST:
Clerk
t*�r� 2 , 1999
Adopted;
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EXHIBIT I
jREVOCA9L9, UCIFNSE AGREEMENT
P AGE 37/ 10
16M?1622:�t P.09i12 ..
The City of Evanston, an Illinois municipal corporation, ("City'). for good and
valuable consideration, receipt of which la acknowledged, dues hereby grant to
MediaOne ("licensee"), a license to allow a building and fence in the public right-of-w:sy
of Mulford Street and James Park, Evanston. Said building and fence will be located :b
the area legally described as Exhibit A attached hereto and incorporated by re'e enct..
The License's made by the City and accepted by the Licensee upon these tern; and .
conditions, and Licensee agrees that should the Licensee at any time violate an, i of
said terms or conditions, or use or attempt to use said property for any other o - c iffemnt
purpose than thatkpecified herein, then the City may, at its option, immediately j evak;!
this License:
1% That the .License is for the exclusive purpose of allowing the con:,tr uction
of a building and fence on the public right-ef way at Mulford Street and .lames Park,
deseribed as follows:
See Exhibit A
2. That Licensee agrees to obtain any applicable permits required by he
Evanston City Code, to construct, install and maintain said building and fence.
3. Thai. as a material consideration to the City for entering into this _ii sense:
and without which the City would not eater into same, Licensee agrees to indejn iify
and save and hold harmless the City, its successors and assigns, from all liability for
a
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injuries to persons, deaths, or losses or darnage to property resulting from the giving of
this License or arising out of or caused by the construction, installadon, mainte.nance
use, presence, or removal of the lighting unit by Licensee on the public right-of--ivay
located in the area designated on Exhibit A. The Licensee shall. at its own expense,
appear, defend and pay all charges of attorneys and all costs and other expens�m
arising from or incurred in connection with any of these provisions,
4. That, prior to the signing of this License, Licensee will provide th a '#ity
with adequate and satisfactory insurance coverage against all risk of harm or, ivy inj.;ry
to any party through a recognized surety. Said insurance will name the City a:; ; to
• additional insured and will give the City thirty days' notice of cancellation. Litt: n;.ee %ill
Keep said insurance in effect throughout the term of this License,
It
S. That this License is not assignable or otherwise transferable by Wcansce.
The CITY OF EVANSTON expressly reserves the right to revoke this License.
upon thirty (30) days' written notice if it is determined in the best interest of the City to
do so. In such event Licensee shall have no recourse against the City, and. ii' directs d
by the City, Licensee shall prompttyr remove the lighting unit and promptly resor-, to its
original condition, in compliance with applicable regulations, any city -awned areo
exposed by removal of the lighting unit.
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IN WITNESS WHEREOF, this License Is executed this day of
1999.
By, Ayr
Chicago Northern Division. Meiji, iORe
$ r11Ax', Llt. c ' Stc� ulI j � ro�+n�1S
By; _
Rog&Crum. City Manager
CRY of Evanston
Attest C No e.cq Ud
MaryWl, is. City Clerk
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ExHI81T "A"
LICENSE AGREEMENT
P 4GE L 0/ 10
P. i"%12
TRkT PART OF TNEMULFORD STAM 14GHT OF WAY ( MLE-TOFORE DEDICATED PER DOCt:%lFJ%7 `6MBER 2' 28 03).1 OGETW
INTM THAT PART OF A 'TRACT OF LAMD LYNG NORTH OF TjiE N. oM LINE OF TM C.-\.S & M RAILWAY 03V C F WAY AND WFS'
OF AND ADJACENTTO IRE VlfW LIE OFM EAST if., OF M NORTHWEST 114 OF SECTION ,a. TOWN** 41 NC RTW. 9A GS )3_
EAST Of THE T MW PRINCIPAL ME UDIAN. (SAIL) LL\T- ALSO REM THE WFSt UNE OF SAID :4 Jt ;ORD STREl: 16 lrHT C!FWAY).
!MORE PARTICULARLY DESCMED AS FOLLOWS
C'OMM6NC M ATVZ PQINf OF tlM7MECIION OF M- WEST LnG OF THE EAST 1/2 (N:VE NORrn'W T 114 C F : I;C'I70 N 25 AYD
Tr NO E LM Of SAID RAMWAY RIGHT OP WAY. (SAID P47MECVDN ALSO BMG Tip Si)UTHYJW CORD IE I Of Sf 1D
.-fLUQRD $MET RIG T OF WAYL TMNC E , IORTH 89 DEGREES 56 !KI�ti� M M SeCONt3S FAST. A O iG S AM `M : f H trfi�-E OF
MMFOW S'TMT.16.29 MT, T#fr4 lC'E NORTH 01 DEGR££S 061�i Z,7ES 19 SE.CO;tibS A+�si, S.W FEET TO 7I3€ i oI yr OF 3EGLi�'Ilti t
7MENCE CC)NiTM ING NopTH al DEG,REF.9 06 M UIES 19 SECONDS WM.,ALONGTRE WEST FACE OFAN EM44 TT rG COITMEJ `
WALK, 28A0 MEr TO A POINT 0; IM fiX'15TING BACK OF CURB: TH NCS SCUM 81 >)6GEtEES29 h@i MS 22 SI:C )NDS 1IEST- ALO
SAID E CIST ING HACK OF CUR$ AND M WfSTRLY SCrFXSION nM=F, %14 FEET. Tii.ENCE SOM 00 i1W EIS 03 JM NUMS
34 SECONDS WT.19.15 FEET TO A Pow 5,0 FEET 14ORTH OF' M NORTH LINE OF SAID C.N.5 & M RAILWAY IV IT OF WAY;
MENU NORTH 39 DEGREEE3 $6 MI UTES 26 SECONDS EAST, ALONG A UIM 5.0 FEl7 NORT14 OF AND PARALL M wrm ' IRE N ORTI
LINE OF SAID RAILWAY RIGHT OF WAY, 60.00 FM TO THE POITNT OF BEGDM'G. ALL. V COOK COUNTY, ILLIA O! ?.
s
PONT
CITY OF EVgNSTON
ENG{NF-ERlNG OMSION
Harm, 4. 14o0
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lMOt9 OC MUlTC11C STREET gKMT (1F WAY
�fr
MULFORD STREET
(HERETOFORE DEDICATED)
CONCREt£ WwlK
POINT OF BEGINNING
SCA.e MV
scum umt or muot p s ma, sl am OF wtar
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20-R-12
EXHIBIT B
Resolution 19-R-09
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0 LICENSE RENEWAL AND EXTENSION
THIS LICENSE RENEWAL AND EXTENSION entered into this day of
2012, by and between the City of Evanston, Illinois ("Landlord") and Comcast of Illinois IV,
Inc., successor -in -interest to MediaOne Acquisitions of Northern Illinois, Inc. ("Tenant").
WHEREAS, Tenant is tenant and Landlord is landlord under a certain License Agreement
originally between MediaOne and the City of Evanston dated March 23, 1999 respecting certain
real property located at 2101 Mulford Street, Evanston, Illinois; and
WHEREAS, the License was extended through February 28, 2012; and
WHEREAS, both parties wish to renew the License and extend the term to June 30, 2012.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of
which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
The License is hereby renewed, retroactively, as of February 29, 2012, and the
Term of the License is hereby extended through and including June 30, 2012.
2. The monthly rent for the renewal term will be $1,200.00 per month, due on the 1 St
day of every month.
• 3. All notices or demands required or permitted to be given or served pursuant to this
License Amendment shall be deemed to have been given or served only if in
writing forwarded by (a) hand delivery, (b) certified mail, postage prepaid, or (c)
overnight courier, and addressed as follows:
To Landlord: City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
ATTN: City Manager
To Tenant: Comcast of Illinois IV, Inc.
1500 McConnor Parkway
Schaumburg, IL 60173
ATTN: Director of Facilities and Real Estate
With a copy to: Comcast Cable Communications, LLC
One Comcast Center
1701 John F. Kennedy Boulevard
Philadelphia, PA 19103-2838
• ATTN: General Counsel
4. All other terms and conditions of the License shall remain in full force and effect.
IN WITNESS WHEREOF, the Landlord and Tenant have caused this Amendment to
License to be duly executed as of the date first written above.
City of Evanston
By:
Name: Wally Bobkiewicz
Title: City Manager
Comcast of Illinois IV, Inc.
By:
Name:
Title:
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