1999-013I
ORDINANCE NO. 98-V
AN ORDINANCE AUTHORIZING EXECUTION OF
MUNICIPAL FACILITIES USE AGREEMENT WITH METRICOM
WHEREAS, the Village of Buffalo Grove is an Illinois Home Rule Unit pursuant to the
Illinois Constitution of 1970.
WHEREAS, Metricom, Inc., is in the business of constructing, maintaining, and operating
a wireless digital data communications radio network known as Ricochet ®; and
WHEREAS,Metricom, Inc. wishes to locate, place, attach, install, operate, and maintain
radios on municipal facilities owned by the Village as well as facilities owned by third parties,
located in the public right -of -way for purposes of operating Ricochet ®; and
WHEREAS, Metricom, Inc. and the Village have negotiated an agreement entitled
"Municipal Facilities Use Agreement ".
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1: That certain agreement entitled Buffalo Grove Municipal Facilities Use
Agreement, which is attached hereto, be and hereby is approved by the Village of Buffalo Grove.
Section 2: The Village President and Village Clerk be and hereby are authorized and
directed to execute the Buffalo Grove Municipal Facilities Use Agreement.
Section 3: This Ordinance shall be in full force and effect from and after is passage and
approval.
AYES: 6 - Marienthal. Reid, Rubin, Braiman. Hendricks. Glover
NAYES: 0 -
ABSENT: 0-
PASSED: December 7 , 1998.
APPROVED: December 7, 1998.
ATTEST:
m
lage Clerk
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I
BUFFALO GROVE
Municipal Facilities Use Agreement
HIS MUNICIPAL FACILITIES USE AGREEMENT (this "Use Agreement ") is dated as
of December 7, 1998, (the "Effective Date"), and entered into by and between the
VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation (the
"Village "), and METRICOM, INC., a Delaware corporation ( "Metricom ").
Recitals
A. Metricom is in the business of constructing, maintaining, and operating a wireless
digital data communications radio network known as Ricochet®, a network operated in accordance
with regulations promulgated by the Federal Communications Commission, utilizing Radios (as
defined in § 1.15 below) and related equipment certified by the Federal Communications
Commission.
B. Metricom is and will throughout the term of this Use Agreement be both "a retailer
maintaining a place of business in this State" and be engaged in the "sale of telecommunications
at retail," as each of those terms are defined in the Illinois Telecommunications Municipal
Infrastructure Maintenance Fee Act, P.A. 90 -154 (the " TMIMF Act "), and in Section 3.56.010
of the Municipal Code of the Village.
C. Subject to reasonable municipal regulations concerning the time, location, manner
of attachment, installation, maintenance of its facilities, and payment of such telecommunications
infrastructure maintenance fees as may be required under the TMIMF Act and local ordinances
enacted pursuant thereto, Metricom has the right under federal and Illinois law to install
telecommunications facilities in the public right -of -way, as defined herein.
D. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on
municipal facilities owned by the Village, as well as facilities owned by third parties, located in
the public right -of -way for purposes of operating Ricochet3.
E. Metricom's right to install telecommunications facilities in the public right -of -way
under the conditions aforesaid does not extend to the installation by Metricom of
telecommunications facilities on "municipal facilities," as defined herein, and access to said
municipal facilities requires separate agreement with the Village.
F. Metricom and the Village, having reached agreement on the terms and conditions
of Metricom's access to municipal facilities, now desire to reduce this agreement to writing in the
form of this Use Agreement, so as to more particularly set forth the terms and conditions of said
access and such other mutual agreements, representation and covenants which have been agreed
between the parties as consideration for entering into this Use Agreement.
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Agreement
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following covenants, terms, and
conditions:
1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use
Agreement:
1.1 Abandoned. "Abandoned" shall refer to any Radio installed on a municipal
facility that has been left by Metricom in an unused or non - functioning condition for more
than one hundred and twenty (120) consecutive days, unless Metricom shall establish to
the reasonable satisfaction of the Village that the Radio(s) in question has(have) continued
viability at its(their) location(s).
1.2 Agency. "Agency" means any governmental or quasi - governmental agency other
than the Village, including the Federal Communications Commission and the ICC (as such
term is defined in § 1.3 below).
1.3 ICC. "ICC" means the Illinois Commerce Commission.
1.4 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy
of general application to Persons doing business in the Village lawfully imposed by any
governmental body (but excluding any utility users' tax, franchise fees,
telecommunications tax, telecommunications infrastructure maintenance fee or similar tax
or fee).
1.5 Illinois Local Government and Governmental Employees Tort Immunity Act.
"Illinois Local Government and Governmental Employees Tort Immunity Act" shall refer
to and incorporate by reference the Public Act of the State of Illinois of the same name and
set forth in 745 ILCS 10 /1 -101, et seq., now or hereafter amended.
1.6 Installation Date. "Installation Date" shall mean the date that the first Radio is
installed by Metricom in the public right -of -way pursuant to this Use Agreement.
1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions,
regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or
other requirements of the Village or other governmental agency having joint or several
jurisdiction over the parties to this Use Agreement, and all subsequent amendments
thereto, as may be in effect either as of the Effective Date or at any time during the
presence of Radios in the. public right -of -way.
1.8 Local Public Entity. "Local public entity" shall have the same meaning as that set
forth in Section 1 -206 of the Illinois Local Government and Governmental Employees Tort
Immunity Act (745 ILCS 10 /1 -101, et seq.,, 10 /1 -206), now or hereafter amended.
1.9 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and
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existing under the laws of the State of Delaware, and its lawful successors, assigns, and
transferees.
1.10 Municipal Access Program. "Municipal Access Program" means the discount
program described in § 4.5 below.
1.11 Municipal Facilities. "Municipal Facilities" means Village -owned street light
poles, lighting fixtures, or electroliers located within the public right -of -way, and may
refer to such facilities in the singular or plural, as appropriate to the context in which used.
1.12 Public Right of Way. "Public right of way" means any municipal street, alley,
water or public right -of -way dedicated or commonly used now or hereafter for utility
purposes, including but not limited to overhead lighting facilities, and including utility
easements wherein the Village now or hereafter acquires the right and authority to locate
or permit the location of utilities consistent with telecommunications facilities. This term
shall not include any municipal facilities, nor shall it include county, state, or federal rights
of way or any property owned by any Person or Agency other than the Village, except as
provided by applicable Laws or pursuant to a maintenance, jurisdictional or other
agreement between the Village and any such Person or Agency.
1.13 Person. "Person" means an individual, a corporation, a limited liability company,
a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or
any other form of business entity or association.
1.14 Provision. "Provision" means any agreement, clause, condition, covenant,
qualification, restriction, reservation, term, or other stipulation in this Use Agreement that
defines or otherwise controls, establishes, or limits the performance required or permitted
by any party to this Use Agreement. All Provisions, whether covenants or conditions,
shall be deemed to be both covenants and conditions.
1.15 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricom hereunder, and described in the
attached appendix to this Use Agreement. No other sort of telecommunications equipment
or facilities shall be deemed included in the term "Radio."
1.16 Ricochet® "Ricochet®" or "Ricochet® MCDN" means Ricochet® MicroCellular
Digital Network, a wireless, microcellular digital radio communications network owned
and operated by Metricom.
1.17 Services. "Services" means the wireless digital communications services provided
through Ricochet® by Metricom.
1.18 TMIMF Act. "TMIMF Act" shall mean the Telecommunications Municipal
Infrastructure Maintenance Fee Act of the State of Illinois, Public Act No. 90 -154, now
or hereafter amended.
1.19 - Village. "Village" means the Village of Buffalo Grove.
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1.20 Village IMF Ordinance. "Village IMF Ordinance" shall refer to Ordinance No.
97 -71, adopted by the corporate authorities of the Village on or about September 22, 1997
and imposing a municipal telecommunications infrastructure maintenance fee as authorized
and provided for in the TMIMF Act, now or hereafter amended.
1.21 Village Telecommunications Tax Ordinance. "Village Telecommunications Tax
Ordinance" shall refer to Ordinance No. 96 -26, adopted by the corporate authorities of the
Village on or about March 18, 1996 and imposing a municipal telecommunications tax as
authorized and provided for pursuant to the Illinois Municipal Code, now or hereafter
amended.
1.22 Use Agreement. "Use Agreement" means this nonexclusive Use Agreement and
may also refer to the associated right to encroach upon the public right -of -way conferred
hereunder.
2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a
term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either
party in accordance with the provisions herein. The term of this Use Agreement shall be renewed
automatically for three (3) successive terms of five (5) years each on the same terms and
conditions as set forth herein, unless either parry notifies the other of its intention not to renew not
less than thirty (30) calendar days prior to commencement of the relevant renewal term.
3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use
Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the
prior and continuing right of the Village under applicable Laws to use any and all parts of the
public right -of -way exclusively or concurrently with any other Person or Persons and shall be
further subject to all deeds, easements, dedications, conditions, covenants, restrictions,
encumbrances, and claims of title of record which may affect the public right -of -way. Nothing
in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real
property interest in land, including any fee, leasehold interest, or easement. Any work performed
pursuant to the rights granted under this Use Agreement may, at the Village's option, be subject
to the reasonable prior review and approval of the Village.
3.1 Attachment to Municipal Facilities. Subject to the provisions of Section 3.5,
requiring Metricom to obtain permits approving the method and location of its installation
of Radios, Village hereby authorizes and permits Metricom to enter upon the public right -
of -way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall,
relocate, and replace Radios in or on Municipal Facilities for the purposes of operating
Ricochet® and providing Services to Persons located within or without the limits of the
Village. In addition, subject to the provisions of § 4 below, Metricom shall have the right
to draw electricity for the operation of the Radios from the power source associated with
each such attachment to Municipal Facilities.
3.2 Attachment to Third -Party Property. Subject to obtaining the permission of the
owner(s) of the affected property, the Village hereby authorizes and permits Metricom to
enter upon the public right -of -way and to attach, install, operate, maintain, remove,
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reattach, reinstall, relocate, and replace such number of Radios in or on poles or other
structures owned by public utility companies or other property owners located within the
public right -of -way as may be permitted by the public utility company or property owner,
as the case may be. Upon request, Metricom shall furnish to the Village documentation
of such permission from the individual utility or property owner responsible. Village
agrees to provide to Metricom, at no cost or expense to Village, such information as
Metricom may reasonably require in the course of obtaining where necessary the consents
of third -party owners of property located in the Public Right of Way, provided such
information is not privileged, proprietary, exempt from disclosure under the Illinois
Freedom of Information Act, or otherwise protected by law from disclosure.
3.3 No Interference. Metricom in the performance and exercise of its rights and
obligations under this Use Agreement shall not interfere in any manner with the existence,
maintenance, repair, replacement, enlargement or operation of any and all public and
private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial
and underground electrical and telephone wires, electroliers, cable television, and other
telecommunications, utility, or municipal property, without the express written approval
of the owner or owners of the affected property or properties or Village, as the case may
be, except as permitted by applicable Laws or this Use Agreement. Village agrees to
require the inclusion of substantially the same prohibition on interference as that stated
above in all agreements and franchises Village may enter into after the Effective Date with
other telecommunications providers and carriers of functionally equivalent services.
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this Use Agreement.
3.5 Obtaining Required Permits. If the attachment, installation, operation,
maintenance, or location of the Radios in the public right -of -way shall require any permits,
Metricom shall, if required under applicable Village ordinances, apply for the appropriate
permits and pay any standard and customary permit fees. Village shall promptly respond
to Metricom's requests for permits and shall otherwise cooperate with Metricom in
facilitating the deployment of Ricochet® in the Municipal Right of Way in a reasonable and
timely manner. The proposed locations of Metricom's planned initial installation of Radios
shall be provided to the Village promptly after Metricom's review of available street light
maps and prior to deployment of the Radios.
3.6 Notice of Location of Radios. Upon the completion of installation, Metricom
promptly shall furnish to the Village documentation in MapInfo® or in such other format
as may be reasonably required by the Village Engineer showing the exact location of the
Radios in the Municipal Right of Way. Metricom shall provide to the Village
supplemental documentation showing the relocation, removal and /or abandonment of
existing Radios or the installation of new Radios within thirty (30) days of their relocation
or installation, as the case may be.
3.7 Use Agreement Extends Only to Installation of Radios. The rights granted
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Metricom under this Use Agreement extend only to the installation of the Radios described
herein on Municipal Facilities in the manner described herein or on Third -Party Property
in the manner provided in Section 3.2, and does not create any right to install different or
additional telecommunications facilities in the public right -of -way or on Municipal
Facilities or on Third -Party Property. Under no circumstances is the closing, excavation
or opening of any public right -of -way authorized or permitted under this Use Agreement.
3.8 Exclusion of Certain Municipal Facilities. Prior to its installation of radios on
Municipal Facilities and after it provides the Village with its proposed locations for
installation of the radios on Municipal Facilities, the Village may in its discretion designate
certain Municipal Facilities to be excluded from those on which Radios may be installed
by Metricom, including but not limited to ornamental or similar specially- designed streets
lights, or other Municipal Facilities which, in the reasonable judgment of the Village's
Engineer do not have electrical service adequate or appropriate for Metricom's Radios or
cannot safely bear the weight or wind loading caused by the presence of Metricom's
radios, or any other Municipal Facility that in the reasonable judgment of the Village's
Engineer is incompatible with the Radio or would be rendered unsafe or unstable by the
installation of a Radio.
3.9 Engineer's Certification. At the time of execution of this Use Agreement,
Metricom shall provide the Village and attach to this Use Agreement as Exhibits hereto a
certified Standard Wind Loading Study and a certified Attachment Detail showing typical
short and long arm installations for the Radios, each of which shall be certified by a
registered Professional Engineer.
3.10 No Introduction of Hazardous Materials. Metricom represents and warrants that
its use of the public right -of -way and Municipal Facilities, and its installation of Radios as
provided herein, will not introduce or generate any hazardous substance, and it will not
store or dispose on the public right -of -way or Municipal Facilities nor transport to or over
the public right -of -way or Municipal Facilities any hazardous substance.
4 COMPENSATION; DISCOUNTs; UTILITY CHARGES. Metricom shall be solely responsible for
the payment of all lawful Fees in connection with Metricom's performance under this Use
Agreement, including those set forth below.
4.1 Municipal Telecommunications Infrastructure Maintenance Fee. Metricom
acknowledges that it is a telecommunications "retailer maintaining a place of business in
this State" and is engaged in the "sale of telecommunications at retail," as those terms are
defined in both the TMIMF Act and the Village IMF Ordinance. Metricom acknowledges
that it is subject to payment to the Village IMF Ordinance and shall comply at all times
with the current provisions of said Ordinance. Payment of any infrastructure maintenance
fee to the Village pursuant to the Village IMF Ordinance is an obligation under law that
exists independently of this Use Agreement, and payment thereof shall not constitute a
franchise fee or any other form of compensation solely for the use or occupancy of the
public right -of -way pursuant to this Use Agreement. In consideration of the covenants and
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agreements made herein by the Village, Metricom releases and waives any objection or
challenge it might have against the validity, enactment or imposition of the Village IMF
Ordinance by the Village, and further agrees that its violation of that Ordinance shall
constitute a breach of its obligations under Section 3.4 (Compliance with Laws) of this Use
Agreement and a default of a material term hereof pursuant to Section 9 of this Use
Agreement. Metricom further agrees that if a court or administrative agency of competent
jurisdiction should declare either the Village IMF Ordinance of the TMIMF Act
unconstitutional or invalid, then Metricom and the Village shall each be obligated to
negotiate in good faith to amend Section 4 of this Use Agreement and if, after one hundred
and eighty (180) days from the commencement of negotiations or such extension thereof
that may be agreed by the parties, the Village and Metricom are unable to reach agreement
on amendments hereto, then this Use Agreement shall be deemed terminated and Metricom
shall promptly remove its Radios from the Municipal Facilities.
4.2 Municipal Telecommunications Tax. Metricom acknowledges that it is a
telecommunications "retailer maintaining a place of business in this State" and is engaged
in the "sale at retail" of telecommunications as those terms are defined in the Village
Telecommunications Tax Ordinance. Metricom acknowledges that it is subject to payment
to the Village Telecommunications Tax Ordinance and shall comply at all times with the
current provisions of said Ordinance. Payment of any municipal telecommunications tax
to the Village pursuant to the Village Telecommunications Tax Ordinance is an obligation
under law that exists independently of this Use Agreement, and payment thereof shall not
constitute a franchise fee or any other form of compensation solely for the use or
occupancy of the public right -of -way pursuant to this Use Agreement. In consideration of
the covenants and agreements made by the Village, Metricom releases and waives any
objection or challenge it might have against the validity, enactment or imposition of the
Village Telecommunications Tax Ordinance by the Village, and further agrees that its
violation of that Ordinance shall constitute a breach of its obligations under Section 3.4
(Compliance with Laws) of this Use Agreement and a default of a material term hereof
pursuant to Section 9 of this Use Agreement.
4.3 Annual Fee. As compensation solely for the use of Municipal Facilities, Metricom
shall pay to the Village an annual fee (the "Annual Fee ") in the amount of Sixty Dollars
($60.00) for the use of each Municipal Facility upon which a Radio has been installed,
located or maintained pursuant to this Use Agreement. The aggregate Annual Fee for the
first year of the term shall be equal to the number of Radios proposed to be installed by
Metricom in the Facilities Map submitted to the Village multiplied by the Annual Fee, and
shall be paid no later than thirty (30) days after the Installation Date. On each succeeding
anniversary of the Installation Date, Metricom shall pay an aggregate Annual Fee in an
amount equal to the number of Radios installed on Municipal Facilities on the anniversary
of the Installation Date multiplied by the Annual Fee, prorated as appropriate.
4.3.1 CPI Adjustment. Effective commencing on the second (T°) anniversary
of the Installation Date and continuing on every second (Z') anniversary thereafter
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during the term, the Annual Fee with respect to the ensuing five -year period shall
be increased by a percentage amount equal to the percentage increase in the U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI -U,
All Items, Urban Consumers, Chicago Area, 1982 -1984 =100) which occurred
during the previous two -year period.
4.4 Electricity Charges. Metricom shall be solely responsible for the payment of all
electrical utility charges to the applicable utility company based upon the Radios' usage of
electricity and applicable tariffs. Metricom shall provide the Village with documentation
sufficient to demonstrate that it has established an unmetered rate for the consumption of
electricity by the Radio(s) with the appropriate electricity distributor and /or supplier, as
the case may be, to provide for its payment for the use of unmetered electricity to operate
the Radio(s).
4.5 Municipal Access Program. In consideration of Village's execution and delivery
of this Use Agreement, Village shall have the right throughout the term of this Use
Agreement to purchase, when such service is commercially available in the Village, up to
the maximum number set forth below (based upon the Village's population) of Ricochet®
basic service subscriptions at the rate of fifty percent (50 %) of the appropriate regular rate
as current from time to time. The number of subscriptions which the Village may purchase
at the Municipal Access Program rate shall be determined in accordance with the Village's
official population, as shown on the latest available census data, as follows: (a) for
municipalities with a population of less than 100,000, up to a maximum of twenty (20)
discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up
to a maximum of thirty (30) discount subscriptions; (c) for municipalities with a population
of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for
municipalities with a population of over 500,000, up to a maximum of fifty (50) discount
subscriptions. Village understands and agrees that Metricom's modems and equipment
required to utilize the discounted subscriptions and any additional service subscriptions or
service options the Village may desire are expressly excluded from this special Municipal
Access Program rate and may be obtained from either Metricom or an authorized retailer
at market rates current from time to time or under other promotional programs which may
be available from time to time in addition to the Municipal Access Program rate. Village
shall use all subscriptions provided pursuant to this § 4.5 solely for its own use and shall
not be entitled to resell, distribute, or otherwise permit the use of the same by any other
Person, excepting a local public entity that provides public services within the corporate
boundaries of Village. The level of benefits and services provided to Village by Metricom
as "basic service" shall not be diminished or reduced during the term of this Use
Agreement or renewal thereof, or prior to its cancellation or termination, as the case may
be. Metricom and Village agree that all benefits and services offered under this Section,
whether for the use of Village or another unit of local government, shall be acquired under
and pursuant to Village's lawful purchasing and procurement process and procedures.
5 REMOVAL OR RELOCATION OF RADIOS. Metricom understands and acknowledges that Village
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may require Metricom to remove from a specific Municipal Facility and relocate one or more of
its Radios, and Metricom shall at Village's direction relocate such Radios at Metricom's sole cost
and expense, whenever Village reasonably determines that the relocation is needed for any of the
following purposes: (a) if required for the construction, completion, repair, relocation, or
maintenance of a Village project; (b) because particular Municipal Facility is being eliminated,
whether due to undergrounding of utilities, relocation, or other cause; (c) because the Radio has
been abandoned; (d) because the Radio is interfering with or adversely affecting proper operation
of Village -owned light poles, traffic signals, or other Municipal Facilities; or (f) to protect or
preserve the public health or safety. In any such case, Village shall use its best efforts to afford
Metricom a reasonably equivalent alternate location. If Metricom shall fail to relocate any Radios
as requested by the Village within a reasonable time under the circumstances in accordance with
the foregoing provision, but in any event, not to exceed thirty (30) days without the agreement of
the Village, the Village shall be entitled to remove or relocate the Radios at Metricom's sole cost
and expense, without further notice to Metricom, and Metricom shall, within thirty (30) days of
invoice to same, reimburse the Village for its expenses incurred in the removal, relocation and
disposal of the Radios. The provisions of this Section 5 and its further subsections shall survive
the expiration or earlier termination of this Use Agreement or renewal thereof.
5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any
Radios from one Municipal Facility to another, Metricom shall so advise Village. Village
will use reasonable efforts to accommodate Metricom by making another reasonably
equivalent Municipal Facility available for use in accordance with and subject to the terms
and conditions of this Use Agreement.
5.2 Alteration or Damage to Municipal Facilities or Public Right of Way.
Whenever the removal or relocation of Radios is required or permitted under this Use
Agreement, and such removal or relocation shall cause the public right -of -way or
Municipal Facilities to be damaged or to have been altered in such a manner as to make
them unusable, unsafe, or in violation of electrical codes or other applicable law,
Metricom, at its sole cost and expense, shall promptly repair and return the public right -of-
way or Municipal Facilities in or on which the Radios are located to its original condition
and in accordance with currently applicable Laws, normal wear and tear excepted. If
Metricom does not repair and restore the public right -of -way or Municipal Facilities as just
described, then the Village shall have the option, upon fifteen (15) days' prior written
notice to Metricom, to perform or cause to be performed such reasonable and necessary
work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred
or the actual costs incurred by the Village at Village's standard rates. Upon the receipt of
a demand for payment by the Village, Metricom shall within thirty (30) days reimburse the
Village for such costs.
6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold
harmless the Village, its corporate authorities, officers, and employees from and against any and
all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and
judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup
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actions of any kind, and all costs and expenses incurred in connection therewith, including but not
limited to reasonable attorney's fees, expert witness fees and costs of defense (collectively, the
"Losses ") directly or proximately resulting from Metricom's acts or omissions within the scope
of this Use Agreement, except to the extent arising from or caused by the negligence or willful
misconduct of the Village, its corporate authorities, officers, employees, agents, or contractors.
The foregoing notwithstanding, under no circumstances shall the issuance of any permit or
certificate provided for under the Village Municipal Code to Metricom or another person or entity
constitute an act of negligence or willful misconduct. Nothing set forth in this Use Agreement
shall be deemed a waiver by the Village of any defenses or immunities relating to Metricom or its
property, or to any other person or entity or their property, that are or would be otherwise
available to the Village or its corporate authorities, officers and employees under the provisions
of the Illinois Local Government and Governmental Employees Tort Immunity Act, or that
otherwise available to local governments and their corporate authorities, officers and employees
under the common law of the State of Illinois or the United States of America. The provisions of
this Section 6 and each of its further subsections shall survive the expiration or earlier termination
of this Use Agreement or renewal thereof.
6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of
action, and rights it may assert against the Village on account of any loss, damage, or
injury to any Radio or any loss or degradation of the Services as a result of any event or
occurrence which is beyond the reasonable control of the Village. Actions by persons or
entities other than the Village or its corporate authorities, officers or employees shall be
deemed beyond the reasonable control of the Village.
6.2 Limitation of Village's Liability. The Village shall be liable only for the cost of
repair to damaged Radios arising from the willful or wanton misconduct of Village, its
corporate authorities, officers or employees.
7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use
Agreement commercial general liability insurance and commercial automobile liability insurance
protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence
(combined single limit), including bodily injury and property damage, and in an amount not less
than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and
products - completed operations. Such insurance policies shall name the Village as an additional
insured as respects any covered liability arising out of Metricom's performance of work under this
Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and
provisions specified herein. Claims -made policies are not acceptable. When an umbrella or
excess coverage is in effect, coverage shall be provided in following form. Such insurance shall
not be canceled or materially altered to reduce the policy limits until the Village has received at
least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be
responsible for notifying the Village of such change or cancellation.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of any
work pursuant to this Use Agreement, Metricom shall file with the Village the required
original certificate(s) of insurance with endorsements, which shall clearly state all of the
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following:
(a) the policy number; name of insurance company; name and address of
the agent or authorized representative; name, address, and telephone
number of insured; project name and address; policy expiration date; and
specific coverage amounts;
(b) that the Village shall receive thirty (30) days' prior notice of
cancellation; and
(c) that Metricom's insurance is primary as respects any other valid or
collectible insurance that the Village may possess, including any self -
insured retentions the Village may have; and any other insurance the
Village does possess shall be considered excess insurance only and shall not
be required to contribute with this insurance.
The certificate(s) of insurance with endorsements and notices shall be mailed to the Village
at the address specified in § 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all
times during the term of this Use Agreement statutory workers' compensation and
employer's liability insurance in an amount not less than Five Hundred Thousand Dollars
($500,000) or such higher amount as may be required by law during the term or renewal
thereof of this Use Agreement, and shall furnish the Village with a certificate showing
proof of such coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and
authorized to do business in the State of Illinois and shall be rated at least A:X in A.M.
Best & Company's Insurance Guide. Insurance policies and certificates issued by
non - admitted insurance companies are not acceptable.
7.4 Severability of Interest. Any deductibles or self - insured retentions must be stated
on the certificate(s) of insurance, which shall be sent to and approved by the Village.
"Cross liability," "severability of interest," or "separation of insureds" clauses shall be
made a part of the commercial general liability and commercial automobile liability
policies.
8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be
in writing and delivered personally or transmitted (a) through the United States mail, by registered
or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by
facsimile or E -mail transmission, if a hard copy of the same is followed by delivery through the
U. S. mail or by overnight delivery service as just described, addressed as follows:
NALEGAV I IAGRMNT. WPD
Page 11 of 19
if to the Village:
VILLAGE OF BUFFALO GROVE
Attn: Village Manager
50 Raupp Boulevard
Buffalo Grove, IL 60089
if to Metricom:
METRICOM, INC.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95032
8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon
receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next
day in the case of facsimile, E -mail, or overnight delivery. Either party may from time
to time designate any other address for this purpose by written notice to the other party
delivered in the manner set forth above.
9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45)
days' prior written notice to the other party upon a default of any material covenant or term hereof
by the other party, which default is not cured within forty-five (45) days of receipt of written
notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting
party fails to commence such cure within forty-five (45) days or fails thereafter diligently to
prosecute such cure to completion), provided that the grace period for any monetary default shall
be ten (10) days from receipt of notice. For purposes of this Section, Metricom's abandonment
of its Radios shall also be deemed a default if not cured within the time limit provided for in this
Section. Except as expressly provided herein, the rights granted under this Use Agreement are
irrevocable during the term.
10 AssmNmIENT. This Use Agreement shall not be assigned by Metricom without the
express written consent of the Village, which consent shall not be unreasonably withheld,
conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations
of Metricom hereunder to a parent, subsidiary, affiliated successor, or financially viable affiliate
shall not be deemed an assignment for the purposes of this Use Agreement.
11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally
to the obligations of the parties under this Use Agreement.
11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not
provide Metricom with exclusive use of the public right -of -way or any Municipal Facility
and that Village shall have the right to permit other providers of telecommunications
services to install equipment or devices in the public right -of -way and on Municipal
Facilities; however, Village agrees to advise other providers of telecommunications
services of the presence or planned deployment of the Radios in the public right -of -way
WLEGALU 1AGRMNT.WPD
Page 12 of 19
and /or on Municipal Facilities.
11.2 Amendment of Use Agreement. This Use Agreement may not be amended except
pursuant to a written instrument signed by both parties.
11.3 Severability of Provisions. If any one or more of the Provisions of this Use
Agreement shall be held by court of competent jurisdiction in a final judicial action to be
void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the
remaining Provisions of this Use Agreement and shall not affect the legality, validity, or
constitutionality of the remaining portions of this Use Agreement. Each party hereby
declares that it would have entered into this Use Agreement and each Provision hereof
irrespective of the fact that any one or more Provisions be declared illegal, invalid, or
unconstitutional.
11.4 Contacting Metricom. Metricom shall be available to the staff employees of any
Village department having jurisdiction over Metricom's activities twenty -four (24) hours
a day, every day of the year without exception, regarding problems or complaints resulting
from the attachment, installation, operation, maintenance, or removal of the Radios. The
Village may contact by telephone the network control center operator at telephone number
(800) 873 -3468 regarding such problems or complaints.
11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of the State of Illinois, without reference to
its conflicts of law principles. Terms or provisions herein shall not be construed against
one party merely because that party is or was the principal drafter. If suit is brought by
a parry to this Use Agreement, the parties agree that venue for such action shall be vested
exclusively in the state courts of Illinois, County of Cook , or in the United States District
Court for the Northern District of Illinois in such Division (Eastern or Western) thereof
in which the Village is located.
11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to
litigation, the prevailing party shall be entitled to recover its costs of suit, including
reasonable attorneys' fees.
11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda,
attachments, and schedules which may from time to time be referred to in any duly
executed amendment to this Use Agreement are by such reference incorporated in this Use
Agreement and shall be deemed a part of this Use Agreement.
11.8 Successors and Assigns. This Use Agreement is binding upon the successors and
assigns of the parties hereto.
11.9 Advice of Displacement. To the extent the Village has actual knowledge thereof,
the Village will attempt promptly to inform Metricom of the displacement or removal of
any pole on which any Radio is located.
NALEGALA I AGRMNI'. WPD
a
Page 13 of 19
11. 10 Consent Criteria. In any case where the approval or consent of one party hereto
is required, requested or otherwise to be given under this Use Agreement, such party shall
not unreasonably delay, condition, or withhold its approval or consent.
11.11 Waiver of Breach. The waiver by either party of any breach or violation of any
Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver
of any subsequent breach or violation of the same or any other Provision of this Use
Agreement.
11.12 Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity, and authority to
enter into and perform the parties' respective obligations hereunder and that such
obligations shall be binding upon such parry without the requirement of the approval or
consent of any other person or entity in connection herewith, except as provided in § 3.2
above. In addition, Village specifically represents and covenants that Village owns all
Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee
pursuant to § 4.1 above.
11.13 Entire Agreement. This Use Agreement contains the entire understanding between
the parties with respect to the subject matter herein. There are no representations,
agreements, or understandings (whether oral or written) between or among the parties
relating to the subject matter of this Use Agreement which are not fully expressed herein.
11.14 No Third -Party Beneficiaries. This Use Agreement creates no rights, title or
interest in any person or entity whatsoever (whether under a third party beneficiary theory
or otherwise) other than Metricom and the Village, and their respective officers, employees
or other persons to the extent specifically named herein.
11.15 Reimbursement for Attorney Fees. Metricom acknowledges that Village has
incurred costs for attorney fees and attorney time attributable to its consideration, review,
and preparation of this Use Agreement and such ordinance, resolution or other material
needed to have this Use Agreement approved and adgpted by the corporate authorities of
the Village, including but not limited to attorney fees for use of outside legal counsel
and /or the value or expense attributable to the actual time directly and reasonably spent on
these matters by in -house legal counsel employed by the Village. Metricom shall
reimburse Village for any attorney fees and costs that Village incurred or incurs directly
and reasonably in connection with the review, preparation and approval of this Use
Agreement in an amount not to exceed Two Thousand and no /100 Dollars ($2,000.00).
Village shall invoice Metricom for any reimbursement under this Section one time. either
at the hourly rate billed by outside legal counsel or at a comparable hourly rate attributable
to in -house legal counsel. Metricom shall be pay the invoice within not more than forty-
five (45) days after the date of the invoice.
11.16 Option to Use Other Agreements. In the event and each time that Metricom enters
into an agreement, after the Effective Date and during the Term of this Use Agreement or
NALEGAL\11AGRMNr. WPD
a
Page 14 of 19
renewal thereof, with another municipality located, in whole or in part, within the
boundaries of Cook, DuPage, Kane, Lake, or McHenry Counties in the State of Illinois,
that has a population equal to or less than the greater of either (a) the population of Village
as adjusted during the term of this Use Agreement or extension thereof, or (b) 50,000, and
that permits Metricom or its successors or assigns to use that municipality's Municipal
Facilities in a manner similar to this Use Agreement, then, if such subsequent agreement
contains terms, conditions or provisions relating to compensation different, in amount or
kind from those contained in Section 4, inclusive of each of its Subsections, of this Use
Agreement, Metricom shall inform Village in writing of such fact, and provide a copy of
such agreement to the Village. If, within ninety (90) days after receiving such notice, the
Village determines in the reasonable exercise of its discretion that such different
provisions, if incorporated into this Use Agreement, will provide Village with rights that
are more beneficial to the Village than the rights and benefits provided for under Section
4, inclusive of each of its Subsections, and Village within the ninety (90) day period
notifies Metricom that it desires to adopt the compensation provisions of such other
agreement, Metricom agrees that it will amend this Use Agreement so that it contains
terms relating to compensation and length of term, including any renewal terms, that are
the same as in such subsequent agreement.
11.17 Signatures. This Use Agreement may be signed in counterparts.
11.18 Taxation. The Municipal Facilities and the public right -of -way on which they are
located are presently exempt from real estate taxes. In the event that this Use Agreement,
any provision thereof, or any use of the public right -of -way or Municipal Facilities
pursuant to the terms of this Use Agreement shall result in said right -of -way, Municipal
Facilities or any parts thereof becoming subject to such real estate taxes, then Metricom
shall be liable to the Village for its payment of such taxes and shall reimburse the Village
for any such taxes paid within thirty (30) days invoice for same. Metricom shall have the
right to contest all taxes, assessments, charges and impositions as it may become liable for
under this Section, and Village agrees to join in such contest if required by law and to
permit Metricom to proceed with the contest in Village's name, provided that the expense
of the contest is borne solely by Metricom.
11.19 Relationship of the Parties. Metricom and Village shall be and act as independent
contractors, and under no circumstances shall this Use Agreement be construed as one of
agency, partnership, joint venture, or employment between the parties.
11.20 Advertising, Signs or Extraneous Markings. Metricom shall not place or cause
to be placed any sort of signs, advertisements or other extraneous markings, whether
relating to Metricom or any other person or entity, on any Radio or other equipment
located on a Municipal Facility or in the public right -of -way, excepting such labels,
numbers or other marks on the Radio(s) as are reasonably necessary to identify the Radio
or Metricom for service, repair, maintenance or emergency purposes, or as may be
otherwise required to be affixed by applicable law or regulation.
N:ILEGALU IAGRMNf . WPD
Page 15 of 19
IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and
conditions of this Use Agreement, the duly authorized representatives of the parties have executed
this Use Agreement as of the Effective Date.
Village: VILLAGE OF AL inois al corporation
By:
Sidney H. Mathias
Its: Village President
By:-
Janet Sirabian
Its: Village Clerk
Metricom: METRICOM, INC., a Delaware corporation
By:
Lee N. Gopadze
Senior Vice Presidei it,
Its: Field Operations Group
Attest:
Maximillion H. Overland
Its: Right of Way Department Coordinator
Approved As To Form
ROW Legal Departm nt
By: PA - r f
Date: _
NALEGAU1998\11AGRMNT. WPD Page 16 of 19
APPENDIX TO
VILLAGE OF BUFFALO GROVE
MUNICIPAL FACILITIES USE AGREEMENT
Description, dimensions and specifications of Radio (attached).
NALEGALU IAGRMNT.WPD
Page 17 of 19
APPENDIX — DESCRIAN
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All dimensions shown here are in inches
and are subject to a variance of plus or 0
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APPENDIX TO
VILLAGE OF BUFFALO GROVE
MUNICIPAL FACILITIES USE AGREEMENT
Description, dimensions and specifications of Radio (attached).
N:\LEGAL111AGRNINT.WPD Page 17 of 19
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ON DESIGN ARCHITECTS, INC.
15 Vandewater Street
San Francisco, CA 94133 ph. 415 - 392 -9446 fax 415 - 392 -9448
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Prepared for:
Y Metrkom
Mr. Jim Morrison
Manager of Deployment Development
C;
ixwm DESIG N INC.
STRUCTURAL ENGINEERS
w Montgomery St., Suite 850 • San Francisco CA 94105.4151243 -8400 • Fax 4151243-9165
11 September, 1998
Jim Morrison
Manager of Deployment Development
Metricom, Inc.
980 University Ave.
Los Gatos, CA 95030
RE: Mounting of a New Antenna to an Existing Light Pole (Short-Arm Type) for the State of Illinois
DASSE Design Job # 9SB332
Dear Mr. Morrison:
DASSE Design Inc. has analyzed the structural capacity of an existing wooden pole with a new Hapco
style 81 aluminum bracket. We conclude the Metricom hardware- mounting configuration as proposed by
ON Design Architects will not have an adverse structural effect on the light pole. Our analysis is based on
the following:
Design Basis:
Design Wind Speed: up to 90 mph
Seismic Zone: Zone 2A
Applicable Codes and Specifications:
1994 Uniform Building Code
AASHTO Guidelines
Aluminum Design Manual, Specifications for Aluminum Structures
Properties of the New Antenna and Bracket: (based on information provided by ONDA and Hapco)
Maximum Weight of Antenna and Bracket: 10.0 lbs
Maximum Effective Project Area: 1.0 so ft
Mounting Location: 4' -0" from the center line of pole to center of antenna
Bracket Diameter: 1.25"
Wall Thickness (Nominal): 0.125"
Properties of the Existing Light and Pole:
Length of Pole: 30' -0"
Diameter Range: 12" minimum
Maximum Effective Projected Area of the Light: 2.0 sq ft
Unfactored Allowable Bending Stress of Pole: 1000 psi. minimum
If there you have any questions or concerns regarding these findings please don't hesitate to call.
Sincerely, A �
rt R. Lindorfeerr, SSS.
Principal
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A. DRAWINGS ARE NOT TO BE SCALED. WRITTEN DIMENSIONS TAKE PRECEDENCE.
AND THIS SET OF PUNS IS INTENDED TO BE USED FOR DIAGRAMMATIC
PURPOSES ONLY, UNLESS NOTED OTHERWISE. THE GENERAL CONTRACTOR'S
SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS. EQUIPMENT.
LABOR, AND ANYTHING ELSE DEEMED NECESSARY TO COMPLETE
INSTALLATIONS AS DESCRIBED HEREIN.
8, PRIOR TO THE SUBMISSION OF BIDS. THE CONTRACTORS INVOLVED SMALL VISIT
THE JOB SITE AND FAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING
THE PROPOSED PROJECT, WITH THE CONSTRUCTION AND CONTRACT
DOCUMENTS, FIELD CONDITIONS AND CONFIRM THAT THE PROJECT MAY BE
ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY
ERRORS. OMISSIONS. OR DISCREPANCIES ARE TO BE BROUGHT TO THE
ATTENTION OF THE ARCHITECT /ENGINEER.
C. THE GENERAL CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO
PROCEED WITH CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT
CLEARLY DEPNEO BY THE CONSTRUCTION DRAWINGS/ CONTRACT DOCUMENTS,
E. THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS
ACCORDING TO MANUFACTURER'S / VENDOR'S SPECIFICATIONS UNLESS NOTED
OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECEDENCE.
F. ALL WORK PERFORMED ON PROJECT AND MATERIALS INSTALLED SHALL BE IN
STRICT ACCORDANCE WITH ALL APPLICABLE CODES. REGULATIONS, AND
ORDINANCES. CONTRACTOR SWILL GIVE ALL NOTICES AND COMPLY WITH ALL
LAWS. ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC
AUTHORITY, MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS, AND LOCAL
AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF THE
WORK.
I. DETAILS INCLUDED HEREIN ARE INTENDED TO SHOW END RESULT OF DESIGN.
MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONOITIONS OR
SITUATIONS, AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART OF THE
SCOPE OF WORK.
N. THE ARCHITECTS /ENGINEERS HAVE MADE EVERY EFFORT TO SET FORTH IN
THE CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF
WORK. CONTRACTORS BIDDING THE JOB ARE NEVERTHELESS CAUTIONED THAT
MINOR OMISSIONS OR ERRORS N THE DRAWINGS AND OR SPECIFICATIONS SHALL
NOT EXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT AND
IMPROVEMENTS IN ACCORDANCE WITH THE LATENT OF THESE DOCUMENTS. THE
BIDDER SHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) THE
ARCHITECT /ENGINEER OF ANY CONFLICTS, ERRORS. OR OMISSIONS
PRIOR TO THE SUBMISSION OF CONTRACTOR'S PROPOSAL IN THE EVENT OF
DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OR EXTENSIVE
WORK, UNLESS DIRECTED OTHERWISE
0. Coo CF� 2NELIh d"F:
ALL WORK SHALL BE PERFORMED AND INSTALLED IN COMPLIANCE WITH THE
CURRENT EDITION OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL
GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO
PERMIT WORK NOT CONFORMING TO THESE CODES.
1. IWNOIS ADMINISTRATIVE CODE: 1994
(INCLUDING TITLES 24 & 25)
2. UNIFORM BUILDING CODE: 1994
3. UNIFORM MECHANICAL. CODE: 1994
4. UNIFORM PLUMBING CODE: 1994
5. NATIONAL ELECTRICAL CODE: 1993
6. COUNTY ORDINANCES
VICINITY MAP I
GENERAL LOCATION MAP
SITE PLAN - POLE # LOCATION
ENLARGED DETAIL
SCALE : 1/2' 1' -0'
ANTENNA MOUNTING BRACKET DETAIL
SCALE : N.T.S.
(N) STYLE 61 UPSWEEP POLE
WEST ELEVATION
POI TYPF - HAPCO 81 (4' -0" LONG)
ANTENNA UNIT
SCALE N.T.S.
PROJECT SUMMARY CONTACTS.!
ADDRESS: METRICOM
L: "';✓ vc.
i
(N) MOUNTING BRACKET PER _
MANUFACTURER
LEVELING WEDGE
(N) ANTENNA
NOTE: DIMENSIONS MAY VARY
15% +/- DEPENDING
ON STYLE.
ARCHITECT:
ON DESIGN ARCHITECTS
15 VANDEWATER ST.
SAN FRANCISCO, CA. 94133
DAVID ELIAS (415) 392 -9445
STRUCTURAL ENGINEER:
DASSE DESIGN
33 NEW MONTGOMERY
SAN FRANCISCO, CA. 94105
CARL WIFFORD (415) 243 -8400
O N D E S I G N
ARCHITECTS
15 VANDEWATER
SAN FRANCISCO CA
94133
TEL. (415) 392 -9448
FAX (415) 392 -9448
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DATE: 9/14/98
ENGINEER: JIM
DRAWN BY: RS
REVISIONS
LATE DESCRIPTION INITIAL
SCALE: AS NOTED
ANTENNA PLANS AND
ELEVATIONS
A -1
GENERAL NOTES.
(E) BUILDING PI
--v—
A. DRAWINGS ARE NOT TO BE SC Y DIMENSIONS TAKE PRECEDENCE,
AND THIS SET Of PLANS BE IS II ) TO BE USED FOR DIAGRAMMATIC
PURPOSES ONLY, UNLESS NO1. AERWISE. THE GENERAL CONTRACTOR'S
'
SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS, EQUIPMENT,
LABOR, AND ANYTHING ELSE DEEMED NECESSARY TO COMPLETE
INSTALLATIONS AS DESCRIBED HEREIN.
B.
PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS INVOLVED SHALL VISIT
THE JOB SITE AND FAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING
—
X10' -0"
THE PROPOSED PROJECT. WITH THE CONSTRUCTION AND CONTRACT
DOCUMENTS, FIELD CONDITIONS AND CONFIRM THAT THE PROJECT MAY BE
D
ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION, ANY
ERRORS, OMISSIONS, OR DISCREPANCIES ARE TO BE BROUGHT TO THE
ATTENTION OF THE ARCHITECT /ENGINEER.
C.
THE GENERAL CONTRACTOR SWILL RECEIVE WRITTEN AUTHORIZATION TO
FfE)
PROCEED WITH CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT
SEE ENLARGED
G
CLEARLY DEFINED BY THE CONSTRUCTION DRAWINGS/ CONTRACT DOCUMENTS.
DETAIL
ARCHITECTS
E.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS
POST
ACCORDING TO MANUFACTURER'S / VENDOR'S SPECIFICATIONS UNLESS NOTED
15
NCISCO
OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECEDENCE.
FR
A SAN FRANCISCO CA
F.
ALL WORK PERFORMED ON PROJECT AND MATERIALS INSTALLED SHALL BE IN
94133
STRICT ACCORDANCE WITH All APPLICABLE CODES, REGULATIONS, AND
TEL. 392 -9448
ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL
415)
FAX (415) 382 -9448
LAWS, ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC
AUTHORITY, MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS. AND LOCAL
AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF THE
WORK.
I.
DETAILS INCLUDED HEREIN ARE INTENDED TO SHOW END RESULT OF DESIGN.
MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS OR
SITUATIONS, AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART OF THE
SCOPE OF WORK.
N.
THE ARCHITECTS /ENGINEERS HAVE MADE EVERT EFFORT TO SET FORTH IN
THE CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF
WEST ELEVATION
WORK. CONTRACTORS BIDDING THE JOB ARE NEVERTHELESS CAUTIONED THAT
MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND OR SPECIFICATIONS SHALL
SITE PLAN — POLE # LOCATION
POLE TYPE — HAPCO 41
-159 SERIES
r)
NOT EXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT AND
CD
I'
IMPROVEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. THE
SCALE : N.T.S.
SCALE : 1/4' . -0'
tai to
BIDDER SHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) THE
U >
ARCHITECT /ENGINEER OF ANY CONFLICTS, ERRORS, OR OMISSIONS
_ -
Q
PRIOR TO THE SUBMISSION OF CONTRACTOR'S PROPOSAL IN THE EVENT OF
/ '
DISCREPANCIES THE CONTRACTOR SWILL PRICE THE MORE COSTLY OR EXTENSIVE
WORK, UNLESS DIRECTED OTHERWISE.
In
0.
CODE COMPLIANCE:
!
cy to
ALL WORK SHALL BE PERFORMED AND INSTALLED IN COMPLIANCE WITH THE
> O
CURRENT EDITION OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL
(N) ANTENNA MOUNTING BRACKET, SEE
Z Q
GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO
_
DETAIL
PERMIT WORK NOT CONFORMING TO THESE CODES.
-
!�
1. ILUNOIS ADMINISTRATIVE CODE: 1994
LEVELING WEDGE (E) LIGHT POST ARM
(INCLUDING TITLES 24 & 25)
LJ
2. UNIFORM BUILDING CODE: 1994
NOTE:
DIMENSIONS MAY VARY
3. UNIFORM MECHANICAL CODE: 1994
6.8
15X +/- DEPENDING
4. UNIFORM PLUMBING CODE: 1994
5. NATIONAL ELECTRICAL CODE: 1993
6. COUNTY ORDINANCES
ON STYLE.
���
o
(E) LIGHT STANDARD
4"
e
\ ( /
—N-
VICINITY MAP
12"
DATE: 9/14/98
ENGINEER:JM
3'
DRAWN BY: RS
REVISIONS
ENLARGED DETAIL
ANTENNA UNIT — -
DATE
DESCRIPTION
INITIAL
_
SULE N.T.S.
SCALE N.T.S.
BUILDING PERMIT
REV.0
GENERAL LOCATION MAP
PROJECT SUMMARY
CONTACTS
ADDRESS:
MF7RIFAd ARCHITECT:
980 UNIVERSITY AVE. ON DESIGN ARCHITECTS
(E) LIGHT POLE - STYLE 41
LOS GATOS. CA. 95030
15 VANDEWATER ST.
JIM MORRI ,RM (406). 399 -8462
SAN FRANCISCO, CA. 94133
",11 I - �.y , DAVID ELIAS (415) 392 -9446
V`, a \1.', T;
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SCALE: AS NOTED
Y'`�L,PIFJ`; "y
MAN MOUNTING BRACKET PER
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STRUCTURAL ENGINEER:
DMONTGOMERY
O NUFACTURER
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33S NEW
FRANCISCO. CA. 94105
SAN
CARL PIFFORO (415) 243 -8400
LEVELING WEDGE
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(N) ANTENNA
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ANTENNA PLANS AND
It' ""
ELEVATIONS
ELEVATIONS
expires -Z
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ANTENNA MOUNTING BRACKET DETAIL
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SCALE : N.T.S.
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ON DESIGN ARCHITECTS, INC.
15 Vandewater Street
San Francisco, CA 94133 ph. 415 - 392 -9446 fax 415 - 392 -9448
Architectural & Engineering
Services fbr
Appl'�catior�s o��f 1ie Ricochet
System in the State of Illinois
0 Long Arm Application
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Prepared for:
� �' Nletricom°
Mr. Jim Morrison
Manager of Deployment Development
9
DESIGN INC.
STRUCTURAL ENGINEERS
M New Montgomery St., Suite 850 • San Francisco CA 94105,415/243-8400 • Fax 4151243 -9165
11 September, 1998
Jim Morrison
Manager of Deployment Development
Metricom, Inc.
980 University Ave.
Los Gatos, CA 95030
RE: Mounting of a New Antenna to an Existing Light Pole for the State of Illinois
DASSE Design Job # 98B332
Dear Mr. Morrison:
DASSE Design Inc. has analyzed the structural capacity of Hapco 41 -159 series 40 pole. We conclude the
Metricom hardware - mounting configuration as proposed by ON Design Architects will not have an adverse
structural effect on the light pole. Additionally, due to the very light weight of the antenna (10 lbs.), the
expected impact on the foundation is negligible. Our pole analysis is based on the following:
Design Basis:
. Design Wind Speed: up to 90 mph
Seismic Zone: Zone 2A
Applicable Codes and Specifications:
1994 Uniform Building Code
AASHTO Guidelines
Aluminum Design Manual, Specifications for Aluminum Structures
Properties of the New Antenna: (based on information provided by ONDA)
Maximum Weight of Antenna and Bracket: 10.0 lbs
Maximum Effective Project Area: 2.0 sq ft
Mounting Location: 9' -0" from the center line of pole
Properties of the Existing Light and Pole: (based on Hapco's product information)
Length of Pole: 24' -8"
Diameter Range: 8" to 4'h"
Pole Wall Thickness: 0.188"
Maximum Effective Projected Area of the Light: 2.0 sq ft
Pole Material: 6063 -T6
If there you have any questions or concerns regarding these findings please don't hesitate to call.
Sincerely,
urt R. Lindorfe , S.E.
Principal
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ORDINANCE NO. 99- 13
AN ORDINANCE AUTHORIZING EXECUTION
OF AN AMENDMENT TO MUNICIPAL FACILITIES
USE AGREEMENT WITH METRICOM
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
WHEREAS, the Village and Metricom, Inc. entered into a Municipal Facilities Use
Agreement dated December 7, 1998 as approved by Village Ordinance No. 98 -89.
WHEREAS, Metricom desires to amend said Municipal Facilities Use Agreement by
adding a new Section 6.3 concerning Surety Bond and by amending Section 2 concerning time for
notice on renewal.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. That certain agreement entitled Amendment to Buffalo Grove Municipal
Facilities Use Agreement, which is attached hereto, be and hereby is approved by the Village of
Buffalo Grove.
Section 2. The Village President and Village Clerk be and hereby are authorized and
directed to execute the Amendment to Buffalo Grove Municipal Facilities Use Agreement.
Section 3. This ordinance shall be in full force and effect from and after its passage,
and approval.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES:
ABSENT:
PASSED:
MuuRO1LV /a13
PPRV
ATTEST:
illage Clerk
N:\LEGAL\lMETRIC.WPD
1998.
1
BUFFALO GROVE AMENDMENT TO
MUNICIPAL FACILITIES USE AGREEMENT
HIS amendment to the MUNICIPAL FACILITIES USE AGREEMENT (this "Amendment ")
is dated as of February 1, 1999 and entered into by and between the VILLAGE OF
BUFFALO GROVE, an Illinois home rule municipal corporation (the "Village "), and
METRICOM, INC., a Delaware corporation ( "Metricom ").
Recitals
A. The Village and Metricom have previously entered into a Municipal Facilities Use
Agreement dated December 7, 1998 as approved by Village Ordinance No. 98 -89.
B. Metricom desires to amend said Municipal Facilities Use Agreement by adding a new
Section 6.3 concerning Surety Bond and by amending Section 2 concerning time for
notice on renewal.
Amendment
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions:
That certain Municipal Facilities Use Agreement dated December 7, 1999 by and between
Metricom and the Village is hereby amended by amending Section 2 and by adding thereto a new
Section 6.3 both to read as follows:
2 Term. This Use Agreement shall be effective as of the Effective
Date and shall extend for a term of nine (9) years commencing on the
Installation Date, unless it is earlier terminated by either party in
accordance with the provisions herein. The term of this Use
Agreement shall be renewed automatically for three (3) successive
terms of five (5) years each on the same terms and conditions as set
forth herein, unless either party notifies the other of its intention not
to renew not less than sixty (60) calendar days prior to
commencement of the relevant renewal term.
6.3. Bond or Other Security. Prior to the commencement of any
work under this Use Agreement, Metricom shall furnish or cause to
be furnished to Village a good and sufficient bond, substantially in
the form attached hereto as Exhibit B entitled Surety Bond in the
amount of $5,000.00, or such other comparable security instrument
as may be approved by the Village Attorney or risk manager securing
the faithful performance by Metricom of all of the work,
N:\LEGAL \IMETAGR.WPD Page 1 of
construction, installation and removals required to be performed by
Metricom under this Use Agreement within the time periods set forth
herein.
IN WITNESS WHEREOF the duly authorized representatives of the parties have executed
this Amendment as of February 1, 1999.
Village: VILLAGE OF BUFF
I�
SIDNEY H. MATHIAS
Its: VILLAGE PRESIDENT
By: .
Its: VILLAGE CLERK
Metricom: METRICOM, INC., a Delaware corporation
By:
Lee M. Gopadze
Senior vice President,
Its:
Field Operations Group
Attest:
Maximillion H. Overland
Its: Right of Way Department Coordinator
Approved As To Form
ROW Leglie p tme�t
By: 4�a lC�
N:\LEGALIIMETAGR.WPD Date: Page 2 of 3
[EXHIBIT B]
[FORM OF SURETY BOND]
Bond Number:
SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That METRICOM, INC. as Principal, and Insurance Company of North America,
incorporated under the laws of the State of Illinois, and authorized to execute bonds and
undertakings as sole surety, are held and firmly bound unto Village of Buffalo Grove, Illinois, as
Obligee, in the sum of Five Thousand Dollars ($5,000.00); for the payment thereof, well truly to
be made, said Principle and Surety bind themselves, their administrators, successors and assigns,
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, the above bounden Principal is about to enter into a certain agreement with the
Obligee for the following: Municipal Facilities Use Agreement, the award of which said
agreement was made to the Principal by the Obligee, on December 8, 1998.
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions, and provisions of said agreement during the
original term thereof, and any extensions thereof which may be granted by the Obligee, with or
without notice to the Surety, and if he shall satisfy all claims and demands incurred under such
agreement, and shall fully indemnify and save harmless the Obligee from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all
outlay and expenses which the Obligee may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the agreement or
to the work to be performed thereunder or the specifications accompanying the same shall in any
way affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
PROVIDED, HOWEVER, this bond is issued subject to the following express
conditions;
1. This bond shall be deemed continuous in form and shall remain in full force and effect
until canceled under Section 9 of the Use Agreement, after which all liability ceases
except as to any liability accrued prior to the date of such cancellation and except as to
the requirements of Section 5 of the Use Agreement.
2. The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed
the penal sum of this bond in any event.
3. The surety reserves the right to withdraw as surety from this bond, except as to any
liability incurred or accrued, and may do so upon giving the Obligee sixty (60) days
written notice.
IC
SIGNED AND SEALED this
PRINCIPLE
Title:
day of 119—.
SURETY
(TYPE COMPANY NAME)
By:
Title:
Address:
Telephone:
(Affix Corporate Seals)
(Attach Acknowledgement of both Principle and Surety signatures)
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. 9 /3
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE�,�,� �j�
THIS DAY OF- - - = -C 19L
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & ak Counties, Ill ino.' ,
this —�_ day of a 19 W.
G21�'YQ/X/
Village clerk
Bye
Depu4VY Village Clerk
ORDINANCE NO. 99- 13
AN ORDINANCE AUTHORIZING EXECUTION
OF AN AMENDMENT TO MUNICIPAL FACILITIES
USE AGREEMENT WITH MFTRICOM
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
WHEREAS, the Village and Metricom, Inc. entered into a Municipal Facilities Use
Agreement dated December 7, 1998 as approved by Village Ordinance No. 98 -89.
WHEREAS, Metricom desires to amend said Municipal Facilities Use Agreement by
adding a new Section 6.3 concerning Surety Bond and by amending Section 2 concerning time for
notice on renewal.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1• That certain agreement entitled Amendment to Buffalo Grove Municipal
Facilities Use Agreement, which is attached hereto, be and hereby is approved by the Village of
Buffalo Grove.
Section 2• The Village President and Village Clerk be and hereby are authorized and
directed to execute the Amendment to Buffalo Grove Municipal Facilities Use Agreement.
Section 3.. This ordinance shall be in full force and effect from and after its passage,
and approval.
AYES: 6 - Marienthal, Reid, Rubin Braiman Hendricks Clover
NAYES: n -
ABSENT: 0 - None
PASSED: February 1 1998.
APPROVED: February 1 '1998.
ATTEST:
"Village Clerk
N:ILEGALII METRIC. W PD