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Home My WebLink AboutRESOLUTIONS-1985-014-R-852/27/85 14-R-85 A A RESOLUTION Granting a License to Les Sims Oldsmobile, Inc. for the Installation and Maintenance of a Three Inch I.D. Bored Steel Casing/Communications • Cable Beneath Chicago Avenue Within the Right -of -Way Between 1001 Chicago Avenue and 1002 Chicago Avenue WHEREAS, the City of Evanston did receive a request by Les Sims Oldsmobile, Inc., to install and maintain a three inch (3") I.D. bored steel casing/communications cable ("cable") by Les Sims Oldsmobile, Inc.; and WHEREAS, said cable will connect 1001 Chicago Avenue to 1002 Chicago Avenue; and WHEREAS, said cable requires the use of the public right-of-way of Chicago Avenue between 1001 Chicago Avenue and 1002 Chicago Avenue; and WHEREAS, the City Council of the City of Evanston does find that there will not be detrimental to the public.use of said Chicago Avenue right- of-way by the installation of said. cable; • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evanston, Cook County, Illinois: That the City Council of the City of Evanston does hereby authorize the City Manager to enter into a license agreement revocable by the j City upon written notice at any time after January 1, 1995 for consideration i of TWO HUNDRED AND No/100ths DOLLARS ($200.00) with Les Sims Oldsmobile, Inc., to allow for the construction and maintenance of a three inch (3") I.D. bored I i steel casing/communications cable as set forth in a plat of survey dated February 20, 1985. It further authorizes the City Manager to enter into said license agreement and take those steps necessary to allow Les Sims Oldsmobile, Inc., to undertake the construction of said cable. i M r • ATTEST: I City Clerk Adopted: 1985 LICENSE AGREEMENT The CITY OF EVANSTON, a Municipal Corporation ("City"), for good and valuable consideration as set forth below does hereby grant to LES SIMS is OLDSMOBILE, INC., an Illinois Corporation ("Sims"), a license to construct a three inch (3") I.D. bored steel casing/communications cable in the CITY OF EVANSTON right-of-way of Chicago Avenue by and between 1001 Chicago Avenue and 1002 Chicago Avenue. Said cable is to be placed at the elevation and within that portion of the right-of-way as set forth in the plat of survey attached hereto and incorporated herein by reference as Exhibit A. This ,license is made by the City and accepted by LES SIMS OLDSMOBILE, INC., under the following terms and conditions: 1. That said license shall be for the full and exclusive purpose of permitting a three inch (3") I.D. bored steel casing/communications cable in the design as submitted to the City and approved by the CITY OF EVANSTON Department of Engineering. 2. That the fee for said license shall be TWO HUNDRED AND no/100ths DOLLARS ($200.00) for the first five year period of this license agreement, and shall be established for each subsequent five year period by mutual agreement of the parties. • 3. That said license is revocable upon notice by the CITY OF EVANSTON at any time after January 1, 1995. 4. That LES SIMS OLDSMOBILE, INC., shall both construct and maintain said communicationscable in a manner and in condition such that it is safe and does not obstruct pedestrian and vehicle traffic in said right-of-way. 5. That LES SIMS OLDSMOBILE, INC., shall obtain and provide any and all bonds and permits required by the CITY OF EVANSTON Department of Engineering for the installation of said communications cable. 6. That the cost of said installation and work as shall be necessary to maintain said communications cable in a safe manner shall be borne by LES SIMS OLDSMOBILE, INC., which shall also be for and perform repairs as are from time to time determined to be necessary by the City Manager or his duly authorized representative. 7. LES SIMS OLDSMOBILE, INC., shall provide the CITY OF EVANSTON Department of Engineering ten days (10) written notice of any maintenance work to be performed on said cable and shall perform said maintenance work in strict compliance with all applicable City ordinances and standards by the CITY OF EVANSTON Department of Engineering. is 8. LES SIMS OLDSMOBILE, INC., shall indemnify the City for all claims, damages, and judgments of any kind and nature what- soever arising out of the grant of said license and presence of said cable and shall further indemnify the City for all costs, attorneys' fees, and other expenses arising out of • any actions brought against the City arising out of the grant of LES SIMS OLDSMOBILE, INC. Sims shall execute a hold harmless agreement in a form satisfactory to the Corporation Counsel of the City, in accordance with this. paragraph. Sims shall provide evidence of an insurance policy specifically covering the liability described.in this paragraph, and the insurance shall of such form and with such companies which are acceptable to the City. 9. That LES SIMS OLDSMOBILE, INC., shall temporarily remove at its sole expense said cable upon written notice by the City in the event the City deems such removal necessary for right-of-way improvements with the Chicago Avenue right-of-way. 10. That the terms and conditions of this license may be modified from time to time upon the consent of the parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers thereunder duly authorized, as of the day and year hereinafter written. DATED this ap-tA day of 4a-/ 6A , 1985. CITY OF EVANSTON, a LES SIMS OLDSMOBILE, INC., Municipal Corporation an Illinois Corporation By: /� ( . By: �4C� k,—C ty Mana fr ATTEST: ATTEST: S2crwa r% I -2- SIMs oLDs i V Stl�s (ool ci-iicAGo apt ,✓ EVAuV -ro,J, LEE Lo -r S CSHoWiZooM� D � �. E W (l A �{ L ' I r — SeE Nvrc 3 e ¢ -SEE No -re 1 C-H I C A60 �s• NoTE .�� AVE. j1I T.D. STEEL CASING $UREb UNTjEi� r -1 _ r (W. CU23) I 1 NOTES 1. 3" STEEL CONDUIT BORED UNDER CHICAGO AVENUE, STEEL CASING IS CONDUIT FOR COMMUNICATION CABLE 2. LOCATE EXISTING UTILITIES 3. BORING PIT-4' WIDE X B' LONG. DEPTH TO BE DETERMINED IN FIELD BASED UPON ELEVATIONS OF EXISTING UTILITIES. PATCH ASPHALT PAVEMENT AFTER BACKFILL WITH GRANULAR TRENCH BACKFILL. 4. CURB LANE OF TRAFFIC TO BE CLOSED AND PROTECTED DURING CONSTRUCTION OF BORED CASING. Sl `1S OLDS M X W r!Ot t=1Ct5 6ATkkGE - PROJECT: 3" S.D. BORED STEEL CASING COMMUNICATIONS CABLE REF. SHT. NO.: I s SIMS OLDSMOBILE No. 1 fT • LREF. SHT. DAM Lei 1001 Chicago Ave. gyp, D - - 3 _ Evanston, IL CONTRACT -NO.: 51Permit PL AN, 2� 89M'FRA6�GR DR WO. FIN. DATE JOB z zo ae L. J. KEEFE CO. INC.TE 8.29 REVISIONS 4251.53 N. MILWAUKEE CHICAGO. ILLINOIS HOLD HARMLESS AGREEMENT This Hold Harmless Agreement is entered into this day of , 1985 by and between LES SIMS OLDSMOBILE, INC., ("Sims"), . • an Illinois Corporation, and the CITY OF EVANSTON ("City"), an Illinois Municipal Corporation , pursuant to and in accordance with that certain agreement, dated day of 1985, by and between the parties hereto: WHEREAS, Sims is desirous and intends to construct and thereafter maintain a three inch (3") I.D. bored steel casing/communications cable between 1001 Chicago Avenue and 1002 Chicago Avenue; and WHEREAS, the City has granted Sims the necessary permits to construct said communications cable and has entered into an agreement granting Sims a revocable license to use the right-of-way between the two aforesaid buildings; and WHEREAS, the City requires of Sims, as a condition of the aforesaid • I' license agreement, to hold City harmless from any and all claims or damages " on account of said grant of use of right-of-way; NOW, THEREFORE, in consideration of the promises, covenants and conditions hereinbefore and hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: LES SIMS OLDSMOBILE, INC., agrees to hold harmless City from any and all claims or damages which may arise from the existence, maintenance or use of the communications cable between the Chicago Avenue right-of-way, as set forth in the Plat of Survey dated February 20, 1985 by L. J. Keefe Compnay, Inc., Chicago, Illinois; and Sims further agrees to provide adequate and satisfactory insurance coverage as approved by the City against all risks of harm or injury to any • party through a recognized surety and provide evidence satisfactory to City of said coverage. IN WITNESS WHEREOF, the respective parties have executed and placed their seal on the day and date first above written. CITY OF EVANSTON, a LES SIMS OLDSMOBILE, INC., an Municipal Corporation, Illinois Corporation, By: By: Its: Its: ATTEST: 0 0 -2-