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HomeMy WebLinkAboutRESOLUTIONS-1985-055-R-856/27/85 7/2/85 55-R-85 A RESOLUTION Granting a"License for the Installation and Maintenance of a Bored Type DB Casing/Communications • Cable Beneath Lyons Street within the Right -of -Way Between 1527 Lyons Street and 1520 Lyons Street WHEREAS, the. City of Evanston did receive a request by Tapecoat, Inc., to install and maintain a bored type DB casing/communications cable ("cable") by Tapecoat, Inc.; and WHEREAS, said cable will connect 1527 Lyons Street to 1520 Lyons Street; and WHEREAS, said cable requires the use of the public right-of-way of Lyons Street between 1527 Lyons Street and 1520 Lyons Street; and WHEREAS, the City Council of the City of Evanston does find that there will not be detriment to the public use of said Lyons Street 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 City upon written notice at any time after January 1, 1995 for consideration of i TWO HUNDRED AND no/100ths Dollars ($200.00) with Tapecoat, Inc., to allow j for the construction and maintenance of a bored type DB casing/communications i cable as set forth on a plan dated June 28, 1985. It further authorizes the City Manager to enter into said license agreement and take those steps necessary to allow Tapecoat, Inc., to undertake the construction of said cable. • FITTEST: City Clerk Adopted: ,cc E�� 1985. 1 Mayor v LICENSE AGREEMENT i The CITY OF EVANSTON, a Municipal Corporation ("City"), for good and valuable consideration in the amount of TWO HUNDRED AND no/100ths Dollars ($200.00), receipt of which is hereby acknowledged, does hereby grant to • TAPECOAT, INC., an Illinois Corporation ("Tape"), a license to construct a i bored type DP casing/communications cable in the CITY OF EVANSTON right-of-ways of Lyons Street by and between 1527 Lyons Street and 1520 Lyons Street. Said cable is to be placed at the elevation and within that portion of the right- j of -way as set forth in the plan attached hereto and incorporated herein by reference as Exhibit A. This license is made by the City and accepted by TAPECOAT, INC., under the following terms and conditions: 1. That said license shall be for the full and exclusive purpose of permitting a bored type DB casing/communications cable in the design as submitted to the City and approved by the CITY OF EVANSTON Department of Engineering. 2. That said license is revocable upon notice by the CITY OF EVANSTON at any time after January 1, 1985. 3. That TAPECOAT, INC., shall both construct and maintain said communications cable in a manner and in condition such that it is safe and does not obstruct pedestrian and vehicle traffic in said right-of-way. , • 4. That TAPECOAT, 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. 5. 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 TAPECOAT, 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. 6. TAPECOAT, 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. 7. TAPECOAT, INC., shall indemnify the City for all claims, damages, and judgments of any kind and nature whatsoever 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 TAPECOAT, INC. TAPECOAT, INC., shall execute • a hold harmless agreement in a form satisfactory to the Corporation Counsel of the City, in accordance with this paragraph. TAPECOAT, INC., shall provide evidence.of an insurance policy specifically covering the liability described in this paragraph, and the insurance shall be of such form and with such companies which are acceptable to the City. • • 8. That TAPECOAT, 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 within the Lyons Street right-of-way. 9. 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 ;aJ, day of (lit- ,.• 0 CITY OF EVANSTON, a municipal corporation, By: - 1, City 4e�� Manaor ATTEST: , 1985. TAPECOAT, INC., an Illinois corporation By: ATTEST: • ^ lJ /40 -2- HOLD HARMLESS -AGREEMENT This Hold Harmless Agreement is entered into this o2 d2 day of „ 1985,-"by and between TAPECOAT, INC., ("Tape"), an Illinois • corpor ti.on, 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, Tape is desirous and intends to construct and thereafter maintain bored type DB casing/communications cable between 1527 Lyons Street and 1520 Lyons Street; and WHEREAS,'the City has granted Tape the necessary permits to construct said communications cable and has entered into an agreement granting Tape a revocable license to use the right-of-way between the two aforesaid buildings; and WHEREAS, the City requires Tape, as a condition of the aforesaid 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: TAPECOAT, 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 Lyons Street right-of-way, as set forth in the plan dated June 28, 1985; and Tape 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 l their seal on the date and date first above written. l I CITY OF EVANSTON, a TAPECOAT, INC., an municipal corporation Illinois corporation am Its: Mj ATTEST: J By: Its: %,..�.�....t�... . q� 14ry -2- • N o Z N 33' s Z PUBLIC R/W Q N O ;COMMUNICATION DUCT POWER AND M O QZ , O -i >- NOTE: m -J CONDUIT TO BE 2PVC, 0 BORED AT A DEPTH OF 30 Q N O W 0- 138� KI WEST LINE OF LOTS I TO 12, %BLK.2, GILBERT AND FARMERS ADD. - UNDERGROUND UTILITY DUCT 3 3 -jo- SERVING THE TAPECOAT CO.