HomeMy WebLinkAbout45-O-24 AN ORDINANCE Authorizing the Sale of Aging Surplus Fleet Vehicles Owned by the City of Evanston-GovDeals.com and Americas Auto Auction
04/29/2024
45-O-24
AN ORDINANCE
Authorizing the Sale of Aging Surplus Fleet Vehicles
Owned by the City of Evanston
(GovDeals.com and Americas Auto Auction)
WHEREAS, the City Council of the City of Evanston (the “City”) has
determined it is no longer necessary, practical, or economical, nor in the best interests
of the City, to retain ownership of certain surplus fleet vehicles that have a value in
excess of one thousand five hundred dollars ($1,500.00) which are described in Exhibit
A, which are attached hereto and incorporated herein by reference; and
WHEREAS, the City Council has determined that it is in the best interests
of the City to sell said surplus fleet vehicles to the highest bidder through an online
auction system utilized by government agencies called “GovDeals .com” and “Americas
Auto Auction”,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: Pursuant to Subsection 1-17-3(B) of the Evanston City Code
of 2012, as amended, the City Council hereby authorizes and directs the City Manager
to sell the aforementioned surplus fleet vehicles, upon terms and conditions deemed
reasonable, necessary, and in the best interests of the City, to the highest bidder online
at govdeals.com and Americas Auto Auction.
Page 3 of 5 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
45-O-24
~2~
SECTION 3: Upon payment of the sale price by the highest bidder to the
City indicated by govdeals.com and Americas Auto Auction, the City Manager is hereby
authorized to convey evidence of ownership of aforesaid surplus fleet vehicles to
govdeals.com and Americas Auto Auction.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and will be received in evidence as provided
by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: This ordinance will be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
Introduced: _________________, 2024
Adopted: ___________________, 2024
Approved:
__________________________, 2024
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie.
Interim Corporation Counsel
Page 4 of 5
April 29
May 13 May 13
Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
45-O-24
~3~
EXHIBIT A
SURPLUS FLEET VEHICLES/EQUIPMENT
Vehicle
# Dept Make/Model
Model
Year V.I.N.
Miles/
Hours
307 EFD Chevy Tahoe 2013 1GNSK2E03DR176914
56000
327R EFD Pierce Dash 1994 4P1CT02D1RA000303
194136
713 REM CCC Let2-40 2013 1CYCCL583DT051032
68490
315R EFD
International
MedTech 2013 1HTMNAAM5DH353399
94810
240 IT Ford Escape 2008 1FMCU49H08KE43293
69277
301 EFD Ford Explorer 2015 1FM5K8B85FGA70414
83523
638 Streets Ford F450 2012 1FDUF4HTXCEA59114
58898
776 FFM Ford F250 2012 1FTBF2B64CEC31446
139284
817 Forestry
International
7400 2008 1HTWCAAR48J667585
64161
914 Water Ford F250 2015 1FDUF5HT0CEC12332
44729
923 Water
International
7400 2008 1HTWHAZT09J138878
50890
57 PD Ford Explorer 2018 1FM5K8AR3JGB91882
70406
404
Community
Dev Community Dev
Ford
Focus 2011
30141
Page 5 of 5 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into effective as of this day of
, 2024 (the “Effective Date”), by and between the City of Evanston (hereinafter
called “City”), and Northwestern University (hereinafter called “Northwestern”).
WHEREAS, the City of Evanston is an Illinois municipal corporation having home rule
powers under Article VII of the 1970 Illinois Constitution; and
WHEREAS, among the powers granted to a home rule unit by Article VII, Section VI of
the 1970 Illinois Constitution is that to exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS, a cooperative effort to create and maintain a communications system with
Northwestern University, an institution of higher learning and Illinois corporation located at
633 Clark Street, Evanston, Illinois 60208 pertains to the government and affairs of the City in
that it will expedite communications between City Departments; and
WHEREAS, Article VII, Section X of the 1970 Illinois Constitution allows the City, as a
unit of local government, to contract with corporations to share services and combine
functions; and
WHEREAS, the City and Northwestern had previously entered into a thirty-year
agreement establishing easements for Telecommunications on July 5, 1984,
which agreement with its amendments on December 22, 1986, July 8, 1994, and March
9, 1999, provided for installation and maintenance of a telecommunications system in
the City’s right-of-way (the “1984-2003 Easement”); and
WHEREAS, the terms of the 1984-2003 Easement were renewed and modified for the
period of 2003 to 2023, with an additional extension through April 2024 by the Parties when
it reached expiration; and
WHEREAS, the City and Northwestern have decided to supercede the terms of
the previous Easement with the terms of this Agreement; and
WHEREAS, the telecommunications system installed pursuant to the 1984-2003
Easement remains in situ and in operation, currently serving properties that Northwestern
owns, properties that Northwestern leases from others, the main Evanston Public Library, and
various other buildings throughout the City; and
WHEREAS, the continuation of that service is in the best interests of the citizens of
Evanston; and
WHEREAS, legal descriptions of the Northwestern easements currently existing under
the 1984-2003 Easement and 2003-2023 Easement are set forth in Exhibit A and pictorially
represented in the route map appearing as Exhibit B, both of which Exhibits are attached
hereto and made a part hereof. Such existing Northwestern easements are hereafter referred
to as the “Existing Northwestern Easements”; and
Page 3 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
WHEREAS, the City’s fiber optic cable system uses conduits built and maintained by
Northwestern that are located on Northwestern’s property or in easements that Northwestern
has obtained from the City;
WHEREAS, the City and Northwestern have determined that joint action is the most
effective way to accomplish the above-described purposes; and
WHEREAS, the City and Northwestern have authorized the execution of this
Agreement as an exercise of the City’s Intergovernmental Authority and
Northwestern’s corporate authority; and
WHEREAS, Evanston City Council enacted Resolution 6-R-24 on March 11, 2024 to
authorize the City Manager to execute this Agreement; and
WHEREAS, the purposes, powers, rights, objectives, and responsibilities of the City
and Northwestern under this Agreement are fully set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and
in the further consideration of the recitals hereinabove set forth, it is hereby agreed by and
between City and Northwestern, as follows:
AGREEMENT
1.The foregoing recitals are found as fact and made a part hereof.
2. Easement and License Grants
A. City hereby continues to grant and convey to Northwestern, and its successors and agents
(collectively, “Northwestern”), an easement to maintain, operate, replace, upgrade, and
remove a buried communications system, in and under the City’s public ways, as located and
described in Exhibits A and Exhibit B hereto, such easements referred to hereafter as
the “Northwestern Easements”.
B. Northwestern hereby continues to grant the City an irrevocable license to locate during the
term of this Agreement the City’s fiber optic cable in the same Northwestern-owned conduits
located on Northwestern’s property or in the Northwestern Easements located on the City’s
property as Northwestern uses for its own fiber optic cable system as indicated on the map
entitled “Total Fiber Plan” attached as Exhibit G hereto and in variations to such locations to
the extent that these Northwestern conduits are relocated during the term of this Agreement
(the “License”). Northwestern or a general contractor retained by Northwestern shall be
entitled to use the area below the surface described in the Northwestern Easements to
trench, bore, and direct bury a communications system. Northwestern or such general
contractor may carry out such core drill boring operations and other subsurface work as may
be necessary for the purposes of Northwestern or the City. The License does not create an
interest in real estate and the City acknowledges that the City does not and shall not claim at
any time any interest or estate of any kind or extent whatsoever in any Northwestern-owned
Page 4 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
property by virtue of this Agreement or the City's use of Northwestern property and
Northwestern Easements to lay portions of the City’s Fiber.
C. Northwestern, its successors, and agents, in performing the work necessary to carry out
the purposes for which the Northwestern Easements are granted, shall not interfere with or
obstruct traffic without first having notified the City of Evanston Public Works Agency as to
the date and time period during which such obstruction will exist and received City approval
therefor. -The City will work to avoid interfering with Northwestern’s use of the area for the
purposes herein described.
D. The City Engineer shall have the authority to approve minor deviations of the route upon
written application of Northwestern. This grant shall not be considered permission to provide
local telecommunications in the City of Evanston and the City reserves any and all rights it
has under law to require a franchise for such services to properties located within the City.
E. In performing its work, Northwestern, its successors and agents, will cause no permanent
interference with, or obstruction to, entrances to public or private property. In the event
temporary obstruction is necessary, Northwestern will notify the City of Public Works Agency
in writing. Wherever possible Northwestern will keep such temporary obstruction to a
minimum of time.
F.Northwestern shall not make, or cause to be made, any subsurface installation and shall
not break or cause to be broken, the pavement surface of the City of Evanston sidewalks or
street right-of-way and shall not undertake any excavation without first notifying the Public
Works Agency of the City of Evanston in writing and obtaining an appropriate Right-of-Way
Permit. All work shall be done in accordance with the requirements of the Public Works
Agency and applicable codes and pavement surfaces shall be restored promptly after
completion of work at the site.
G. In the event the City shall require the relocation of any Northwestern conduits, vaults and
hand-holes located in Northwestern Easements that contain only Northwestern Fiber, in order
for the City to relocate, improve or modify any public street or right-of-way for reasons, then
the cost of relocation of such installation shall beat Northwestern’s sole cost. In the event the
City shall require the relocation of any City conduits, vaults and hand-holes located on City
property but not in a Northwestern Easement in order for the City to relocate, improve or
modify any public street or right-of-way, then the cost of relocation of such installation shall be
at the City’s sole cost. In the event the City shall require the relocation of any conduits, vaults
and hand-holes containing City Fiber and Northwestern Fiber located in a Northwestern
Easement in order for the City to relocate, improve or modify any public street or right-of-way,
then the cost of relocation of such installation shall be equally split between Northwestern and
the City. In those instances where Northwestern and the City will share in the cost of any
necessary relocation work described in this Section, Northwestern shall perform or engage a
contractor to perform the relocation services. Where a contractor is retained Northwestern
agrees to obtain competitive quotes for the work, and obtain the City’s written approval
before proceeding, such approval not to be unreasonably withheld, delayed or conditioned.
For all such relocation charges to be reimbursed by the City, Northwestern shall submit
itemized statements.
Page 5 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
H. Northwestern shall use the communications system located on City easement property
provided for by this Agreement for the business purposes of Northwestern, its tenants, its
affiliates, and occupants of the Research Park Buildings. Northwestern shall not sell or lease
to, or allow to be used by, anyone other than Northwestern University, its tenants, its affiliates,
occupants of the Research Park Buildings or the City, Northwestern’s communications system
that is located on City easement property, whether said use is or is not for a fee.
I. Northwestern covenants and agrees in consideration of the grant of said easement to pay
the City an easement fee in accordance with the attached Exhibit F the length of the
easement term of 20 (twenty) years, as defined in Section 6 below. At the end of said
easement term, the Parties shall revisit the easement fee and negotiate any additional
necessary conditions in order to renew the easement agreement. For the avoidance of
doubt, the easement fee shall also include the right of Northwestern to add additional
pathway, fiber, copper or other cabling within any Northwestern Easement during the term
of this Agreement at no additional cost, except for the fees associated with required permits
(inclusive of penalties).
J. NORTHWESTERN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATIONS, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, OR MERCHANTABILITY. Northwestern does not warrant that
the system will meet the City's communications requirements. Furthermore, the City
acknowledges and agrees that Northwestern may rely upon the written technical information
provided by the City to Northwestern, the City's approval of the network design, the City's
approval of the Scope of Work in the contractor bid documents, the City's acceptance of the
system as it relates to the City's Fiber, and the GIS maps provided by the City.
3. Construction and Maintenance
A. Prior to installation of any fiber optic cable in the City right of way, Northwestern shall
submit plans and specifications for the installation to the City Engineer. The cable shall be
installed in a reasonable manner as approved by the City Engineer. As-built drawings shall
be supplied to the City Engineer within 90 days of completion of the permitted work. The
As-built drawings shall specifically identify where the locations of the actual facilities deviate
from the locations approved in the permit. Additionally, the As-built drawings shall be
submitted to the City in an electronic version that is GIS-compatible and includes depth
information.
B. A permit for work in the City right-of-way shall be obtained before any work is commenced.
During construction, Northwestern shall provide any necessary or required traffic control at its
expense. No material shall be stored on the right of way without the prior written approval of
the City Engineer. When such storage is permitted, all pipe, conduit, wire, poles, cross arms,
or other materials shall be distributed along the right-of-way prior to and during installation in
a manner to minimize hazards to the public or an obstacle to right of way maintenance or
damage to the right-of-way and other property.
C. The System hereafter installed shall be so placed and all work in connection with such
installation shall be so performed as not to interfere with ordinary travel on the right of way of
the City unless specifically authorized by the City Engineer, or with any water, gas or sewer
pipes or other utility conduits or cable television conduits or wires then lawfully in place.
Northwestern, after doing any excavating, shall leave the surface of the ground in the same
Page 6 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
condition as existed prior to such excavation. All sidewalks, parkways or pavements,
including driveway approaches, disturbed by Northwestern shall be restored by it, and the
surface to be restored shall be with the same type of material as that existing prior to its
being disturbed unless otherwise agreed by the City Engineer and Northwestern. In the
event that any right-of-way, real property, or fixed improvement thereon shall become
uneven, unsettled, damaged, or otherwise require restoration, repair or replacement
because of such disturbance or damage of the Northwestern, then the Northwestern shall
promptly, but in no event longer than fourteen (14) days after receipt of notice from the City,
and at Northwestern's sole cost and expense, restore as nearly as practicable to their former
condition said property or improvement which was disturbed or damaged.
Page 7 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
D. The City shall be responsible for physically marking City Fiber not located in Northwestern
Easements. The City shall have no obligation to mark the location of Northwestern's own
facilities. Northwestern acknowledges that it has the opportunity to become a member of the
statewide "One Call" Utility Location system (JULIE), and that Northwestern agrees that it will
become a member as a requirement of this Agreement and that such a system is designed to
alert Northwestern to planned work in the right of way, so that Northwestern can mark the
location of its facilities to avoid damage.
E. Construction operations on rights-of-way may, at the discretion of the City, be required to
be discontinued or restricted when such operations would create hazards to the public health,
safety, and welfare. Such operations may also be required to be discontinued or restricted
when conditions are such that construction would result in extensive damage to the right of
way or other property.
F. The City shall be solely responsible for maintaining and repairing any City Fiber that is
located on the City's property (excluding Northwestern Easements). Northwestern or its
agents has the right to enter the conduits on Northwestern property or the Northwestern
Easements for purposes of repairing any damage to either Northwestern Fiber or City Fiber
contained therein.
G.If Northwestern applies for a maintenance permit covering the repair and maintenance
services that Northwestern is to perform under this Agreement, then the City hereby agrees
to promptly review such permit. Emergency repair work can be completed promptly provided
that an application for a complete r perigh-of-way permit is submitted within 48 hours.
4. Insurance Northwestern shall, at its own expense, secure and maintain in
effect throughout the duration of this Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance
of the work hereunder by Northwestern, its agents, representatives, employees or
subcontractors as specified by City staff to obtain the right-of-way permit. Northwestern shall
contractually require all contractors and subcontractors hired to perform any work in
constructing or maintaining the City’s or Northwestern’s fiber optic cable system to name the
City and Northwestern as additional insureds and to comply with all insurance requirements of
City Code Section 7-17-9. Northwestern shall name the City as an additional insured for
purposes of covering the City for any work performed by Northwestern in maintaining the
City’s Fiber during the term of the Agreement.
The City shall, at its own expense, secure and maintain in effect throughout the duration of
this Agreement, insurance against claims for injuries to persons or damages to property which
may arise from or in connection with this Agreement or the acts or omissions of the City, its
agents, representatives, employees or subcontractors.
The City shall contractually require all contractors and subcontractors hired to perform any
work for or on behalf of the City to name the City and Northwestern as additional insureds and
to comply with all insurance requirements of this Agreement. The City shall name
Northwestern as an additional insured for purposes of covering Northwestern for any work
performed by the City during the term of the Agreement.
Page 8 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
5. Indemnification Northwestern shall defend, indemnify, and hold harmless the City and its
officers, elected and appointed officials, agents, and employees from any and all liability,
losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind
or nature, including but not limited to costs, and fees, including reasonable attorney’s fees,
judgments or settlements, resulting from or arising out of any negligent or willful act or
omission on the part of Northwestern or Northwestern’s subcontractors, employees, agents
or subcontractors of agents during the performance of this Agreement. Such indemnification
shall not be limited by reason of the enumeration of any insurance coverage herein provided.
This provision shall survive completion, expiration, or termination of this Agreement.
Northwestern shall contractually require all contractors and subcontractors hired to perform
any work in constructing or maintaining the City’s or Northwestern’s fiber optic cable system to
provide the City and Northwestern with the indemnity set forth in this section.
The City shall defend, indemnify, and hold harmless Northwestern and its officers, trustees,
agents, and employees from any and all liability, losses, or damages as a result of claims,
demands, suits, actions, or proceedings of any kind or nature, including but not limited to
costs, and fees, including reasonable attorney’s fees, judgments or settlements, resulting
from or arising out of any negligent or willful act or omission on the part of the City or the
City’s subcontractors, employees, agents or subcontractors of agents during the performance
of this Agreement. Such indemnification shall not be limited by reason of the enumeration of
any insurance coverage herein provided. This provision shall survive completion, expiration,
or termination of this Agreement.
The City shall contractually require all contractors and subcontractors hired to perform any
work any work for or on behalf of the City to provide the City and Northwestern with the
indemnity set forth in this section.
Nothing contained herein shall be construed as prohibiting the City or Northwestern, as
applicable, or its officers, agents, or employees, from defending through the selection and
use of their own agents, attorneys, and experts, any claims, actions or suits brought forth
against them. Northwestern or the City, as applicable, shall be liable for the reasonable costs,
fees, and expenses incurred in such defense of any such claims, actions, or suits to the
extent it is an indemnifiable claim, Nothing herein shall be construed as a limitation or waiver
of defenses available to the City or Northwestern, as applicable, and its employees and
agents, including, with respect to the City, but not limited to the Illinois Local Governmental
and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel’s option, Northwestern must defend all suits brought upon all
such losses and must pay all reasonable costs and expenses incidental to them, to the extent
it is an indemnifiable claim, but the City has the right, at its option, to participate, at its own
cost, in the defense of any suit, without relieving Northwestern of any of its obligations under
this Agreement. Any settlement of any claim or suit related to this project by Northwestern
must be made only with the prior written consent of the City Corporation Counsel, if the
settlement requires any action on the part of the City, not to be unreasonably withheld.
At Northwestern’s option, the City must defend all suits brought upon all such losses and
must pay all reasonable costs and expenses incidental to them, to the extent it is an
indemnifiable claim, but Northwestern has the right, at its option, to participate, at its own
cost, in the defense of any suit, without relieving the City of any of its obligations under this
Agreement. Any settlement of any claim or suit related to this project by the City must be
Page 9 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
made only with the prior written consent of Northwestern, if the settlement requires any action
on the part of Northwestern, not to be unreasonably withheld.
Neither Party waives any limitations it may have on its liability under the Illinois Workers
Compensation Act, the Illinois Pension Code or any other statute.
Northwestern shall be responsible for any direct damages and costs to repair or remedy work
performed under this Agreement resulting from or arising out of any act or omission, neglect,
or misconduct in the performance of its work or subcontractors’ work. Acceptance of the work
by the City will not relieve Northwestern of the responsibility for subsequent correction of any
such error, omission and/or negligent acts or of its liability for direct damage resulting
therefrom.
The City shall be responsible for any direct damages and costs to repair or remedy work
performed under this Agreement resulting from or arising out of any act or omission, neglect,
or misconduct in the performance of its work or subcontractors’ work. Acceptance of the work
by Northwestern will not relieve the City of the responsibility for subsequent correction of any
such error, omission and/or negligent acts or of its liability for direct damage resulting
therefrom.
As for loss or damage caused by City or their agents to the
Northwestern Easements affecting City Fiber and/or Northwestern
Fiber for which Northwestern has assumed responsibility hereunder
to repair, the City agrees to assign, subrogate or otherwise make
available to Northwestern the insurance or other forms of coverage
that the City has against such loss. Northwestern may apply the
amounts recovered under such coverage to offset the costs
Northwestern incurs in repairing such damage and in obtaining the
benefits of such coverage (including reasonable attorneys' fees and
court costs).
In no event shall either the City or Northwestern be liable for any
indirect, consequential, incidental, or punitive damages, even if
they have been advised of their possibility.
All provisions of this Section 5 shall survive completion, expiration, or termination of this
Agreement.
6. Term. The term of this Agreement shall be for a period of twenty (20) years from and after
the date first set forth above, unless terminated earlier in accordance with Section 9. This
Agreement can be extended upon mutual agreement of City and Northwestern within 60 days
prior to the expiration of any term. The parties agree to work towards a mutually agreeable
plan for removal of the System.
7. Default. Failure or unreasonable delay by any party to perform any term or provision of this
Agreement for a period of twenty (20) days after written notice thereof from another party
shall constitute a default under this Agreement. If the default is of a nature which is not
capable of being cured within ninety (90) days, the cure shall be commenced within such
period, and diligently pursued to completion. The notice shall specify the nature of the alleged
default and the manner in which the default may be satisfactorily cured. In the event of a
default hereunder by any party, each non-defaulting party shall be entitled to all remedies at
both law and in equity.
Page 10 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
8. Remedies. Any material violation by either Party (the “first Party”), its contractors, or its
successors of the material provisions of this Agreement, shall be cause for the termination by
the other Party (the “second Party”) of this Agreement and all rights hereunder, provided
again that the second Party shall first notify the first Party in writing, the condition or act on
which the violation is charged, and the first Party shall have ninety (90) days within which to
remedy such condition or act, and provided further, that should the immediate remedy
thereof be out of the control of the first Party, the first Party shall have a reasonable time
thereafter to make said correction.
9. Removal Upon Termination. Upon termination of the privileges herein granted pursuant
to the terms hereof, the parties agree to work towards a mutually agreeable plan for removal
of the System.
10. Abandonment of Facilities. Upon abandonment of a facility within the rights of way
of the City, the parties agree to work towards a mutually agreeable plan for removal of the
System.
11. Legal Considerations. The Parties recognize, acknowledge and hereby preserve their
respective rights pursuant to the Federal 1996 Telecommunications Act and the Illinois
Simplified Municipal Telecommunications Tax Act (35 ILCS 636/5-1 et. seq.).
Regulations, legal interpretations of the same, and execution of this Agreement is not
a waiver of any rights or obligations thereunder. The Parties additionally acknowledge that if
and when Northwestern begins to furnish dial-tone services originating within the City of
Evanston Northwestern will be subject to any 911 surcharge which is currently in effect or
which may hereinafter be amended, which is generally applicable to other
telecommunications service providers with this jurisdiction. Northwestern shall notify the City,
in writing, at least sixty (60) days prior to providing any such telecommunications services.
12. Notices. Any notice herein provided to be given shall be deemed properly served if
delivered in writing personally or mailed by registered or certified US Postal Service Mail,
postage prepaid, return receipt requested to the City in care of the:
If to the City: City of Evanston
Attn: City Engineer
2100 Ridge Avenue
Evanston, IL 60201
with a copy to: City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue,
Suite 4400
Page 11 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Evanston, IL 60201
If to Northwestern: Northwestern University
Information Technology
2020 Ridge Ave.
Evanston, IL 60208
With a copy to: Northwestern University
Office of General Counsel
633 Clark Street
Evanston, IL 60208
or to such other persons or addresses as either party may from time to time designate.
13. Assignability. The Parties agree that this Agreement and the rights granted hereunder
shall inure to the benefit of Northwestern, its successors, and agents. Neither Party shall
voluntarily, or by operation of law, assign, lease, sublease, or otherwise transfer or encumber
all or any part of such Party’s interest in this Agreement or in the Premises to any other
governmental agency, individual, partnership, joint venture, corporation, land trust, or other
entity without prior written consent of the other Party, provided, however, that the assigning
Party may assign or transfer its interest in this Agreement to a person controlling, controlled
by or under common control with the assigning Party (an “Affiliate”) upon notice to, but
without the other Party’s prior consent; further, provided, that the Affiliate shall assume and
agree to be bound by the terms and conditions of the Agreement and further that such
assignment or transfer to an Affiliate shall not release the assigning Party from its obligations
hereunder without a separate written release by the other Party.
14. Binding Effect. This Agreement shall be binding on the Parties, their successors, heirs
and assigns.
15. Severability. If any provision of this Agreement is invalid for any reason, such invalidation
shall not affect any provision of this Agreement which can be given effect without the invalid
provision; and, to this end, the provisions of this Agreement are to be severable.
16. Governing Law. The Parties agree that this Agreement shall be governed by and
interpreted in accordance with the laws of the State of Illinois and that venue for any disputes
shall be Cook County, Illinois.
IN WITNESS WHEREOF, the parties have executed this Agreement at Evanston, Illinois on
the date under their respective officer’s signature below, intending for this Agreement to
become effective as of the Effective Date.
Page 12 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
NORTHWESTERN UNIVERSITY CITY OF EVANSTON
By:______________________________By: _______________________
Title: Title:
Date: Date:
Page 13 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
EXHIBITS
Page 14 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
Grantee's telecommunications system shall extend within the public ways of the City of
Evanston as described below.
1.From Manhole #2 located ten feet west of the west curb line of Sheridan Road and
two hundred and sixty feet north of the north curb line of Foster Street,north,2512
feet on the west side of Sheridan Road four feet east of the existing sidewalk crossing
Library Place,Garrett,Haven,Noyes,Dartmouth Place and Colfax Place to the
southwest corner of Lincoln Street and Sheridan Road.Lateral connections directly
feed buildings at 2040,2046,and 2400 Sheridan Road.
2.From the southwest corner of Lincoln Street and Sheridan Road proceeding west 350
feet on the south side of Lincoln Street running two feet north of the existing
sidewalk crossing the existing alleyway.Lateral connections directly feed 600,610,
620,and 630 Lincoln Street.
3.From the northwest corner of Sheridan Road and Colfax Street proceeding west 1925
feet,three feet south of the existing sidewalk on the north side of Colfax Street
crossing Orrington Avenue and Sherman Avenue to the northeast corner of Colfax
Street and Ridge Avenue.Then north on the east side of Ridge Avenue two feet west
of the existing sidewalk for 50 feet Then west crossing under Ridge Avenue for 40
feet Then north on the west side of Ridge Avenue placed two feet east of the existing
sidewalk for 375 feet to the south west corner of Ridge Avenue and Lincoln Street.
Then west on the south side of Lincoln Street two feet north of the existing sidewalk
2,075 feet to the southeast corner of Lincoln Street and Jackson Avenue.Then north
crossing Lincoln Street on the east side of Jackson Avenue located two feet west of
the existing sidewalk crossing Rosalie Street and Central Avenue 1069 feet to the
north side of Central Avenue at the intersection of Jackson Avenue and Central
Avenue.Lateral connections directly feed 2310 Sheridan Road,619 Colfax Street,
1501 Central Avenue and 2701 Ashland Avenue.
4.From the northeast corner of Noyes and the first alleyway west of Sheridan Road
west across the alleyway 20 feet continuing west on the north side of Noyes located 2
feet south of the existing sidewalk 187 feet to the northeast corner of Noyes and the
second alleyway west of Sheridan Road,then north on the east side of the second
alleyway,buried one foot west of the eastern property line crossing Dartmouth Place
for 375 feet to the northeast corner or Dartmouth and the second alleyway.Lateral
connections directly feed 617,625,629 Noyes,627 and 630 Dartmouth Place.
5.From a point 65 feet west of the northwest corner of Noyes and the first alleyway
west of Sheridan Road on the north side of Noyes two feet south of the existing
sidewalk proceeding south across Noyes 50 feet to the south side of Noyes directly
feeding 616 Noyes.
1 of 7
Page 15 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
6.From the northwest corner of Sheridan Road and Haven Street west on the north side
of Haven Street one foot south of the existing sidewalk to a point 275 feet west of
Sheridan Road.Lateral connections directly feed 617 t 625 and 629 Haven Street.
7.From the southwest corner of Sheridan Road and Library Place proceeding west on
the south side or Library Place located three feet north of the existing sidewalk to a
point 287 feet west of Sheridan Road.At that point,lateral connections directly feed
620 and 626 Library Place.
8.From a point on the south side of Library Place,225 feet west of Sheridan Road,
north 50 feet across Library Place to the north side of Library Place and into 617
Library Place.
9.From Manhole #2 proceeding south on the west side of Sheridan Road located four
feet east of the existing sidewalk 200 feet to a point 50 feet north of the northwest
corner of Sheridan Road and Foster Street.A lateral connection feeds 2006,2010 and
2016 Sheridan Road.
10.From a point 75 feet west of the northwest corner of Sheridan Road and Foster Street
on the west side of Sheridan Road,south 250 feet across Emerson Street to a point 50
feet south of the southwest corner of Sheridan Road and Emerson Street.
11.From a point 100 feet north of the northwest corner of Sheridan Road and Emerson
Street on the west side of Sheridan Road,south 250 feet across Emerson Street to a
point 50 feet south of the southwest corner of Sheridan Road and Emerson Street.
12.From a point 325 feet south of the southwest corner of Sheridan Road and Emerson
Street on the west side of Chicago Avenue located three feet east of the existing
sidewalk south 625 feet to the northwest corner of Chicago Avenue and Clark Street.
Lateral cables directly feed 1838,1820,1812,1810 and 1808 Chicago Avenue.
13.From a point 240 feet west of the northwest corner of Sheridan Road and Emerson
Street on the north side of Emerson Street located four feet east of me existing
sidewalk proceeding south 50 feet to the south side of Emerson Street.
14.From the northeast corner of Emerson Street and Orrington Avenue south across
Emerson Street 90 feet to the south side of Emerson Street.
15.From the northeast corner of Emerson Street and Orrington Avenue located 4 feet
west of the existing sidewalk on the east side of Orrington Avenue north 200 feet.
Feeding 1927 Orrington Avenue and 633 Emerson Street.
2 of 7
Page 16 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
16.From a point 50 feet north of the northeast corner of Emerson Street and Orrington
Avenue on the East side of Orrington Avenue for 65 feet across Orrington Avenue to
the west side of Orrington Avenue.Feeding 1902 Orrington Avenue.
17.From a point 300 feet east of the northeast corner of Emerson Street and Orrington
Avenue on the north side of the existing sidewalk east 20 feet under an existing
alleyway.
18.From the northwest corner of Chicago Avenue and Clark Street,east across Chicago
Avenue 90 feet to the northeast corner of Chicago Avenue and Clark Street continuing
east on the north side of Clark Street located two feet south of the sidewalk
proceeding 425 feet to the northwest corner of Clark Street and Hinman Avenue.A
lateral connection is made to 515 Clark Street.
19.From the northeast corner of Chicago Avenue and Clark Street located three feet west
of existing sidewalk proceeding north to a point 275 feet on the east side of Chicago
Avenue.Lateral connections are made directly to 1809 and 1870 Chicago Avenue.
20.From the northwest corner of Clark Street and Hinman Avenue 250 feet north to a
point on the west side of Hinman Avenue,located four feet east of the existing
sidewalk.Lateral connections are made to 1824,1818,1812 and 1810 Hinman Street.
21.From the northwest corner of Clark Street and Hinman Avenue east 60 feet across
Hinman Avenue to a point located two feet south of the existing sidewalk then north
to a point 237 feet north of the northeast corner of Clark Street and Hinman Avenue
and two feet west of the existing sidewalk.Lateral connections feed 1801,1813,and
1819 Hinman Avenue.
22.From a point on the east side of Hinman Avenue 250 feet north of the northeast
corner of Clark Street and Hinman Avenue located two feet west of the existing
sidewalk continuing north for 262 feet with connection made to 1835 Hinman
Avenue.
23.From the northwest corner of Clark Street and Judson Avenue south 30 feet across
Clark Street located three feet east of Judson Avenue continuing 505 feet on the west
side of Judson Avenue.Terminating connection is made to 405 Church Avenue.
24.From the northeast corner of Clark Street and Hinman Avenue 212 feet east on the
south side of the existing sidewalk to NU property at 1800 Sheridan Road.
25.From a point 475 feet west of the northwest corner of Chicago Avenue and Clark
Street on the north side of Clark Street proceed south 75 feet across Clark Street to
the southeast corner of Clark Street and Orrington Avenue continuing south located
3 of 7
Page 17 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
five feet west of the existing sidewalk to a point 125 feet south of Clark Street.
Lateral connection is made to 1725 Orrington Avenue.
26.From a point 360 feet east of the northeast corner of Sherman Avenue and Elgin Road
located 1 foot south of the existing sidewalk proceeding east 125 feet on the north
side of Elgin Road.
27.From the southeast corner of Sherman Avenue and University Place located two feet
south of the existing sidewalk west 425 feet across Sherman Avenue continuing west
on the south side of University Place across Elgin Road to the southeast corner of
University Place and Benson Avenue.
28.From the southeast corner of Benson Avenue and University Place west 325 feet
across Benson Avenue to a point on the south side of University Place,located 12
inches under existing sidewalk.Lateral connection is made to 910 University Place.
29.From the point 325 feet west of the southeast corner of Benson Avenue and
University Place on the south side of University Place,north 90 feet across University
Place to the north side of University Place.A lateral connection feeds the Motor Pool
Trailer.
30.From a point 75 feet east of the southeast corner of Emerson Street and Maple
Avenue on the south side of Emerson Street proceed north 75 feet across Emerson
Street to the north side of Emerson Street.Lateral connection made to 1915 Maple
Street.
31.From the northeast corner of Sherman Avenue and University Place south of 60 feet
to the southeast corner.
32.From a point 125 feet south of the southwest corner of Sheridan Road and Library
Place on the west side of Sheridan Road,proceed east across Sheridan Road to a point
96 feet on the east side of Sheridan Road.
33.From an existing manhole one hundred and forty feet east of the east curb line of
Maple Avenue and two feet south of the south curb line of University Place,west 140
feet,turning south two feet east of the east curb line of Maple Avenue for 125 feet,
then turning west for 715 feet,crossing Maple Avenue to a point four feet south of the
south curb line of University Place and from there west to the west side of Railroad
Avenue.
34.From the northwest corner of Sheridan Road and Foster Street,proceeding west on
the north side of Foster Street located three feet south of the existing sidewalk
crossing Orrington Avenue,Sherman Avenue and Maple Avenue for 2,551 feet to the
northeast corner of Foster Street and Ridge Avenue.Then north on the east side of
4 of 7
Page 18 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
Ridge Avenue located six feet west of the existing sidewalk for 150 feet then west
across Ridge Avenue for 45 feet.Lateral connections directly feed 2000 Sheridan
Road,617 Foster Street and 2020 Ridge Avenue.
35.Starting at a manhole to be located on NU property on the southeast corner of
intersection of Sheridan Road and Lincoln Street,eighteen feet south of the south
curb line of Lincoln and thirty-eight feet east of the east curb line of Sheridan Road,
west 105 feet crossing Sheridan Road to a location six feet west of the west curb line
of Sheridan Road where it will turn in a southwesterly direction 33 feet to a new
manhole to be located on NU property on the southwest corner of the intersection of
Sheridan Road and Lincoln Street.The manhole will be located eighteen feet west of
the west curb line of Sheridan Road and 28 feet south of the south curb line of
Lincoln Street.[Total:138 feet].
36.Starting at the east curb line of the north/south alley between 2040 Sheridan Road and
617 Library Place,20 feet west to the west curb line of the alley,NU property to NU
property.[Total 20 feet].
37.From a point 250 feet north of the northwest corner of Hinman Avenue and Clark
Street four feet east of the existing sidewalk north 300 feet to a point ten feet south of
the south curb line of Sheridan Road,then west 195 feet to an existing manhole.
From that manhole,north,crossing Sheridan Road in an existing pipe 112 feet to the
NU property line.[Total 607 feet].
38.From the existing manhole on the south side of Emerson Street 95 feet east of the
intersection of Emerson Street and Maple Avenue 95 feet west along the south side of
Emerson Street to Maple Avenue,then south 260 feet to north side of University
Place,then east 130 feet to a point opposite an existing manhole on the south side of
University Place.[Total 485 feet].
39.From 626 University Place east 50 feet to 1838 Chicago Avenue,from NU property
to NU property under an existing alleyway.[Total 50 feet].
40.From the west property line of 2048 Sheridan Road west 20 feet across the alleyway
to the east property line of 618 Garrett Place,NU property to NU property.[Total 20
feet].
41.From the south property line of 616 Noyes Street south 20 feet across the alleyway to
the north property line of 617 Haven Street,NU property to NU property.[Total 20
feet].
42.From the east property line of 617 Dartmouth Place east 20 feet across the alleyway
to the NU tennis courts,NU property to NU property.[Total 20 feet].
5 of 7
Page 19 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
43.From NU property at 630 Lincoln Street west 790 feet to the southeast corner of
Lincoln Street and Sherman Avenue.From that point north 1000 feet on the east side
of Sherman Avenue crossing Lincoln,Milburn,and Central Streets to the north side
of Central Street at the intersection with Sherman Avenue.From that point west 500
feet to the northeast corner of Central Street and Ridge Avenue.From that point west
160 feet crossing Ridge Avenue and terminating on Evanston Hospital property.
[Total 2450 feet].
44.From the Southeast corner of the property known as the McManus Living-Learning
Center,and proceeding East South East fifty-one (51)feet to the first square of the
sidewalk that is adjacent to the East side of the Evanston Public Library.
45.Continue from this point directly South underneath the sidewalk for one hundred
seventy-four (174)feet to the last sidewalk square north of the brick sidewalk lining
Church Street.
46.Proceed in a South,Southwest direction for eighty (80)feet to the asphalt City
alleyway adjacent and to the East of 618 Church Street.
47.Maintaining a distance of six (6)feet from the existing building structures proceed
due South one hundred thirty-five (135)feet and the West six (6)feet and make entry
to the loading dock for 1603 Orrington Avenue.
APPROXIMATE TOTAL DISTANCE 452 FEET
48.Reference:Elgin Road and Sherman Avenue
From a point located 37’South of the curb line on the south side of Elgin Road and
10’West of the curb line on Sherman Avenue at the building “1800 Sherman”;
At a depth approximately 24”below the existing surface,Proceed North for 124’
Across Elgin Road and then East North East 89’Across Sherman Avenue to the
inside of the public sidewalk at the Southeast corner of Sherman Avenue and Elgin
Road.Total 213.linear feet
6 of 7
Page 20 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Exhibit A
Easement For Communications System
Legal Description of Existing Northwestern University Easements
49.Reference:Ridge Avenue Segment
From a point 35 feet south and 5 feet west of the storm-water grate located at the
southwest corner of Leon Place and Ridge Avenue:
At a depth of approximately 24”below the existing surface,proceed in a northerly
direction across Leon Place and Simpson Street then moving west to 16 feet west of
the curb at Ridge Avenue,placing a hand-hole and then continuing northerly crossing
Leonard Place and moving east to 5 feet west of the curb line of Ridge Avenue,
continuing northerly crossing Noyes Street and placing a hand hole 150 feet north of
the intersection continuing northerly crossing Grant Street and Noyes Street to a final
hand-hole placed 10 feet north of the intersection and continuing northerly into the
existing Northwestern easement.
Lateral connections crossing Ridge Avenue north of Noyes Street for the Cultural
Arts Center.Total 2280 linear feet.
7 of 7
Page 21 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Lawson
North East
Lighthouse
Grosse Point Lighthouse
Chandler
Bates
Fullerton
Leahy
Tallmadge
Twiggs
Ingraham
Philbrick
Firemen's
Foster
Hobart
Gilbert
Oldberg
Centennial
Smith
Lunt
Canal Shores
Emerson
Square RidgeAveSherman AveColfax St
Lincoln St
Milburn St
El
g
i
n
R
dGreen Bay RdOrrington AvePayne St Sheridan RdClark
S
t
Foster St
Simpson St
Emerson St
Chicago AveAsbury AveMaple AveBenson AveNoyes St
Colfax St Jackson Ave
Central St
Noyes StBryant AveAsbury AveSherman AveJackson AveWesley AveAshland AveLyons St
Church St
Norwo
o
d
C
tAshland AveBryant AveSimpson St
Ingleside Pl
University Pl
Hamlin St
Livingston St
Chancellor St
Foster StNoyes CtCampus DrOrrington AveRosalie St
Gaffield Pl
Oak AveRid
g
e
Av
eAsbury AveIngles i de P ark
Wesley AveAshland AveGrant St
Garnett Pl
Leonard Pl
Judson AveClinton Pl
Ea
s
t
R
a
i
l
r
o
a
d
A
v
e
Northwestern Pl
Clark St
Monticello Pl
Milburn
ParkCentral St
Tech DrLeon Pl
Hinman AveRidge Ter
Library Pl
Haven St
Pratt CtDartmouth PlGirard AveGarrett Pl
Exhibit B - Northwestern University Fiber Map
NU Fiber Conduit
Building Section
Street / Alley
Railroad
Park
Water
Northwestern University
0 500 1,000 Feet
This map is provided "as is" without warranties of any kind.
See www.cityofevanston.org/mapdisclaimers.html for more information.
NUFiberEasementMap.aprx
2/26/2024
Page 22 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
Easement Fee Calculation Starting in 2024
Proposed Conduit Build for Fiber Optic Cable at Various Locations
year rate/SF LF SF Cost
1 2024 0.779 (25,301) 101,204 ($78,837.92)
2 2025 0.795 (25,301) 101,204 ($80,457.18)
3 2026 0.811 (25,301) 101,204 ($82,076.44)
4 2027 0.827 (25,301) 101,204 ($83,695.71)
5 2028 0.844 (25,301) 101,204 ($85,416.18)
6 2029 0.861 (25,301) 101,204 ($87,136.64)
7 2030 0.878 (25,301) 101,204 ($88,857.11)
8 2031 0.896 (25,301) 101,204 ($90,678.78)
9 2032 0.914 (25,301) 101,204 ($92,500.46)
10 2033 0.932 (25,301) 101,204 ($94,322.13)
11 2034 0.951 (25,301) 101,204 ($96,245.00)
12 2035 0.970 (25,301) 101,204 ($98,167.88)
13 2036 0.989 (25,301) 101,204 ($100,090.76)
14 2037 1.009 (25,301) 101,204 ($102,114.84)
15 2038 1.029 (25,301) 101,204 ($104,138.92)
16 2039 1.050 (25,301) 101,204 ($106,264.20)
17 2040 1.071 (25,301) 101,204 ($108,389.48)
18 2041 1.092 (25,301) 101,204 ($110,514.77)
19 2042 1.114 (25,301) 101,204 ($112,741.26)
20 2043 1.136 (25,301) 101,204 ($114,967.74)
total cost ($1,917,613.39)
Rate/SF increased 2% per year
Starting cost based on Rate/SF charged to Evanston by MWRD
2% increase based on 14 year history of payments to MWRD
Page 23 of 27 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b