HomeMy WebLinkAboutResolution 81-R-24, Authorizing the City Manager to Execute an Easement Agreement with Northwestern University
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01/13/2025
81-R-24
A RESOLUTION
Authorizing the City Manager to Execute an
Easement Agreement with Northwestern University
WHEREAS, Northwestern University (“Northwestern”) intends to install
conduits for fiber optic communication cables to service Northwestern facilities (the
“Project”); and
WHEREAS, a portion of the Project will be under the City’s right-of-way,
including on parts of Orrington Avenue and the alleyway behind 710 Clark St, as
indicated in Exhibit A to the Easement Agreement (the “Agreement”); and
WHEREAS, Northwestern requests a non-exclusive twenty (20) year easement
for the Project to be located below the City’s right-of-way,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to sign
the Agreement by and between the City and Northwestern University for a 20-year
easement for the installation, maintenance and repair of fiber optic cable below
certain portions of City right-of-way. The Agreement is attached hereto as Exhibit 1
and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of said Agreement that he deems to be in the best
interests of the City.
81-R-24
SECTION 3: This resolution shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2025
Approved as to form:
_______________________________
Alexandra Ruggie, Corporation Counsel
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EXHIBIT 1
EASEMENT AGREEMENT
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the “Agreement”) is made this day of
, 2025 by and between the City of Evanston, an Illinois municipal corporation
(the “City”) and Northwestern University (“Northwestern”). Hereinafter, the City
and Northwestern, collectively, shall be referred to as the “Parties.”
RECITALS
WHEREAS, Northwestern has requested permission from the City to
install fiber optic cable ("Communication Facilities") in the right of way of certain
City streets, by attaching said cable to existing Northwestern University fiber
optic cable lines by means of underground installation; and
WHEREAS, The route of the fiber optic cable will be within the Easement Area
outlined in group Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the City is willing to allow Northwestern to install fiber optic cable under
the City right of way under the terms and conditions of this Agreement; and
WHEREAS, the City and Northwestern have authority to execute this
Agreement as an exercise of the City’s home rule authority and
Northwestern’s corporate authority; and
WHEREAS, the City Council of the City of Evanston enacted Resolution
81-R-24 on January 13, 2025 to authorize the City Manager to negotiate and
execute this Agreement.
NOW, THEREFORE, in consideration of the promises of each of the
parties to the other and the covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.Recitals. The recitals are a material part of this Agreement and are incorporated
herein by reference.
2.Easement and Installation of Cable.
A.The City hereby grants to Northwestern an easement under the
City’s right-of-way to install, maintain and repair its fiber optic
cable and related equipment (the "System") in the right of way as
depicted in the Conduit Build Drawings and other submittals to
the City of Evanston and in the easement area outlined in the
Plats of Easement, attached as group Exhibit A.
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B. 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 with the City.
C. City hereby grants, conveys, warrants and dedicates to
Northwestern, its agents, servants, employees, its successors
and assigns, a non-exclusive easement to survey, construct,
operate, maintain, repair, replace fiber optic under the City’s
Right of Way in the easement areas depicted in Exhibit A.
D. City shall retain all rights to use and occupy the Right-of-Way, except
as herein expressly granted; provided, however, City’s use and occupation
of the Right-of-Way area may not interfere with Northwestern’s use of
the area for the purposes herein described.
E. Northwestern covenants and agrees in consideration of the grant of said
easement to pay the City an easement fee in the amount of $25,497.95
(Twenty-Five Thousand Four Hundred Ninety-Seven Dollars and 95/100)
total easement fee for the length of the easement term of 20 (twenty)
years, as defined in Section 6 below, the entire easement fee is
payable contemporaneously with the execution of this Agreement.
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.
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
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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
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.
D. The City shall have no obligation to mark the location of
Northwestern's 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. The City shall have no obligation to
alert Northwestern to proposed work by itself or others, other than
as a participating member of the JULIE system.
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.
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
4.
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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.
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.
Nothing contained herein shall be construed as prohibiting the City, 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 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 and employees and agents, including 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.
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.
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All provisions of this Section 5 shall survive completion, expiration, or termination
of this Agreement.
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.
Default. Failure or unreasonable delay by any party to perform any term or
provision of this Agreement for a period of ten (10) 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 sixty (60) 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.
Remedies. Any material violation by Northwestern, its contractors, or its
successors of the material provisions of this Agreement, shall be cause
for the termination of this Agreement and all rights hereunder, provided
again that the City shall first notify Northwestern in writing, the condition
or act on which the violation is charged, and Northwestern shall have sixty
(60) days within which to remedy such condition or act, and provided
further, that should the immediate remedy thereof be out of the control of
Northwestern, Northwestern shall have a reasonable time thereafter to
make said correction.
Removal upon Termination. Upon termination of the privileges herein
granted pursuant to the terms hereof, if ordered by the City Engineer,
Northwestern without cost or expense to the City, shall remove the
System herein authorized and restore the public way to as good a
condition as existed prior to such installation and to the reasonable
satisfaction of the City Engineer. In the event of the failure, neglect or
refusal of Northwestern to remove the System, the City shall have the
choice of either performing said work and charging the cost thereof to
Northwestern or determining that said work shall be performed by a
contractor, and billing Northwestern for the costs of said contract. The
cost incurred by the City in such system removal shall be properly paid by
Northwestern within twenty-one (21) days after a bill for costs is deposited
in the mail or presented to Northwestern, or the City may proceed against
the surety bond, if applicable, of Northwestern or pursue any other
remedies provided by law.
Abandonment of Facilities. Upon abandonment of a facility within the rights-of-
way of the City, Northwestern shall notify the City within ninety (90) days.
Following receipt of such notice the City may direct Northwestern to
6.
7.
8.
9.
10.
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remove all or any portion of the facility if the City Engineer determines that
such removal will be in the best interest of the public health, safety and welfare.
In the event that the City does not direct Northwestern to remove it and
Northwestern chooses not to remove it, by giving notice of abandonment to the
City, Northwestern shall be deemed to consent to the acquisition, alteration or
removal of all or any portion of the facility by the City or another utility or person.
In the event that the City or another utility or person acquires
Northwestern’s facilities after the abandonment notification is sent,
Northwestern will have no further costs associated with removal or
alteration of the facilities.
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:
With a copy to:
If to Northwestern:
With a copy to:
City of Evanston
Attn: City Engineer
2100 Ridge Avenue
Evanston, IL 60201
City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue,
Suite 4400
Evanston, IL 60201
Northwestern University
Information Technology
2020 Ridge Ave.
Evanston, IL 60208
Northwestern University
Office of General Counsel
633 Clark Street
Evanston, IL 60208
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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.
Northwestern shall not voluntarily, or by operation of law, assign, lease, sublease,
or otherwise transfer or encumber all or any part of Northwestern’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 City, provided, however, that
Northwestern may assign or transfer Northwestern’s interest in this Agreement
to a person controlling, controlled by or under common control with
Northwestern (an “Affiliate”) upon notice to, but without the City’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 Northwestern from its obligations
hereunder without a separate written release by the City.
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 prevision;
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.
CITY OF EVANSTON,
By:
Its: City Manager
NORTHWESTERN UNIVERSITY
By:
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EXHIBIT A
PLATS OF EASEMENT
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.CLARK ST.NOTES:PHYSICAL IMPROVEMENTS, STREET LINES AND EASEMENT LOCATION ARESHOWN HEREON PER SURVEY BY OTHERS.Note (R&M) denotes Record and Measured distances respectively. Distances shownhereon are Measured (M), unless otherwise noted.Distances are marked in feet and decimal parts thereof. Compare all points BEFOREbuilding by same and at once report any differences BEFORE damage is done.For easements, building lines and other restrictions not shown on exhibit, refer to yourabstract, deed, contract, title policy and local building line regulations.NO dimensions shall be assumed by scale measurement upon this plat.Unless otherwise noted hereon the Bearing Basis, Elevation Datum and CoordinateDatum if used is ASSUMED.COPYRIGHT GREMLEY & BIEDERMANN, INC. 2024 "All Rights Reserved"IEDERMANNREMLEYGB&Professional Land SurveyorsTelephone: (773) 685-5102 Email: INFO@PLCS-Survey.com4505 North Elston Avenue, Chicago, IL 60630PLCS CorporationLicense No. 184-005332A Division ofEASEMENT EXHIBITORDERED BY:GORDER NO.B&ADDRESS:IEDERMANN1 Inch = FeetDATE:SCALE:REMLEYG&BOFPAGE NO.CHECKED:DRAWN:4505 North Elston Avenue, Chicago, IL 60630Telephone: (773) 685-5102 Email: INFO@PLCS-Survey.comProfessional Land SurveyorsPLCS, CorporationLicense No. 184-005332A Division ofBSS20OCTOBER 26, 2024HILTON ORRINGTON, ORRINGTON AVE., EVANSTON, ILNETWORK CONNEX-0201020GRAPHIC SCALE( IN FEET )1" = 20'State of Illinois)County of Cook)ssWe, Gremley & Biedermann, Inc., do hereby certify that we have prepared the plat hereon drawn fromprevious plats and records for easement purposes as shown on the plat hereon drawn. Dimensions areshown in feet and decimal parts thereof.Signed on OCTOBER 31, 2024By:_____________________________________________Professional Illinois Land Surveyor No. 3584My license expires November 30, 2024NORTHWESTERN FIBER OPTIC EASEMENTA STRIP OF LAND 4.00 FEET IN WIDTH IN THE EAST HALF OF THENORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14,EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING 2.00 FEET EITHER SIDEOF A CENTERLINE DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 16 OFTHE VILLAGE OF EVANSTON IN SECTION 18 AFORESAID, BEING ALSO THEINTERSECTION OF THE WESTERLY LINE OF ORRINGTON AVENIUE WITHTHE NORTH LINE OF THE EAST-WEST 20 FOOT WIDE PUBLIC ALLEY INSAID BLOCK 16; THENCE NORTH 89 DEGREES 29 MINUTES 53 SECONDSWEST ALONG SAID NORTH LINE OF ALLEY 176.42 FEET; THENCE SOUTH 45DEGREES 00 MINUTES 00 SECONDS EAST 1.59 FEET TO THE POINT OFBEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 45DEGREES 00 MINUTES 00 SECONDS EAST 25.68 FEET TO A LINE 2.00 FEETNORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID ALLEY; THENCESOUTH 89 DEGREES 29 MINUTES 53 SECONDS EAST ALONG SAIDPARALLEL LINE 166.01 FEET; THENCE SOUTH 70 DEGREES 34 MINUTES 06SECONDS EAST PERPENDICULAR TO THE EASTERLY LINE OF ORRINGTONAVENUE, 61.82 FEET TO A LINE 24.86 FEET WESTERLY OF AND PARALLELWITH SAID EASTERLY LINE OF ORRINGTON AVENUE; THENCE NORTH 19DEGREES 25 MINUTES 54 SECONDS EAST ALONG SAID PARALLEL LINE24.49 FEET; THENCE NORTH 26 DEGREES 17 MINUTES 10 SECONDS EAST12.01 FEET TO A LINE 23.43 FEET WESTERLY OF AND PARALLEL WITH SAIDEASTERLY LINE OF ORRINGTON AVENUE; THENCE NORTH 19 DEGREES 25MINUTES 54 SECONDS EAST ALONG SAID PARALLEL LINE 47.96 FEET TOTHE POINT OF TERMINUS OF SAID CENTERLINE, IN COOK COUNTY,ILLINOIS.CONTAINING 1,345.4 SQUARE FEET OR 0.031 ACRES, MORE OR LESS.Page 12 of 13
Easement Fee Calculation for Resolution 81-R-24
Proposed Conduit Build for Fiber Optic Cable at Clark St. and Orrington Ave.
Year Rate/SF SF Cost
1 2024 0.780 1345.4 $1,049.41
2 2025 0.796 1345.4 $1,070.40
3 2026 0.812 1345.4 $1,091.81
4 2027 0.828 1345.4 $1,113.64
5 2028 0.844 1345.4 $1,135.92
6 2029 0.861 1345.4 $1,158.64
7 2030 0.878 1345.4 $1,181.81
8 2031 0.896 1345.4 $1,205.44
9 2032 0.914 1345.4 $1,229.55
10 2033 0.932 1345.4 $1,254.14
11 2034 0.951 1345.4 $1,279.23
12 2035 0.970 1345.4 $1,304.81
13 2036 0.989 1345.4 $1,330.91
14 2037 1.009 1345.4 $1,357.53
15 2038 1.029 1345.4 $1,384.68
16 2039 1.050 1345.4 $1,412.37
17 2040 1.071 1345.4 $1,440.62
18 2041 1.092 1345.4 $1,469.43
19 2042 1.114 1345.4 $1,498.82
20 2043 1.136 1345.4 $1,528.80
Total Cost = $25,497.95
Rate/SF increased 2% per year
Cost based on Rate/SF charged to Evanston by MWRD
2% increase based on 14 year history of payments to MWRD
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