2025-12-01 - Ordinance 2025-134 - APPROVING A RIGHT-OF-WAY ACCESS AGREEMENT WITH METRO FIBERNET, LLCt
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BUFEAI.O
GROVE
oRDtNANCE 2025-134
AN ORDINANCE APPROVING A RIGHT-OF.
WAY ACCESS AGREEMENT WITH METRO
FIBERNET, LLC
WHEREAS the Village of Buffalo Crove is a home rule unit pursuant to the
lllinois Constitution of l97O; and
WHEREAS the Village seeks to enter into a right-of-way access agreement
with Metro Fibernet, LLC.
NOW THEREFORE BE lT ORDAINED by the President and Board of Trustees of the
Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows:
SECTION l. The foregoing recitals are hereby adopted and incorporated and made a
part of this Ordinance as if fullysetforth herein.
SECTION 2. The right-of-way access agreement attached herein is approved subject
to review and approval by the Village Attorney and Village Engineer.
SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this
Ord ina nce.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage
and approval and shall not be codified.
ATTEST APPROVED
"O-^'5'r-1 . $*,t1ii..-,
3 i ra b,iat $J I a ge-.Ge rk Eric N. Smith,gep rest dent
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED
Ja ne
-.-.ia--: : PagelofI
smart with heart.
50 Raupp Blvd, Buffalo Grove, lL 60089 \ 847 2soo159 vbg.org
6 - Johnson. Richards. Cesario. Ottenheimer. Bocek. Weidenfeld
O - None
O - None
December l. 2O25
December l. 2025
December 4. 2025
RIGHT-OF-WAY ACCESS ACREEMENT
This Ri-qht-of-Way Access Agtreement ("Agreement") is made and entered into this 'lst day of
December .2021. by and betu'een the Village of Buffalo Grove. an lllinois home rule
municipal corporation ("Village"), and Metro Fibernet, LLC , a _Nevada limited liability
company ("Licensee").
RE('ITALS
A. The Village owns, controls, and maintains public rights-of-way and has adopted Title l2 of its
Municipal Code governing the use, construcion, and occupancy ofsaid rights-of-way.
B. Licensee is a communications provider duly authorized under federal and state law and seeks
to install, operate, and maintain fiber optic or other communications facilities in the Village's
rights-of-way.
C. Licensee desires to obtain from the Village a non-exclusive license to access cenain ponions of
its rights-of-way and the Village is willing to grant such a license under the terms set forth herein,
consistent with applicable laws and in the interest of the public welfare.
SECTIO\ I. GR{\T OF I,ICE\SE
l.l The Village, acting through its Village Manager or Village Engineer pursuant to authority
delegated by the Village Board of Trustees, _qrants to Licensee a non-exclusive, revocable license
to install, operate. maintain. repair. replace. and remove communications facilities within the
public rights-of-way identified in Exhibit A ("Licensed Area"), subject to the terms of this
Agreement, Village ordinances, but not limited to Title l2 and Title l6 of the Village Code as
amended from time to time, and all applicable federal and state laws.
I.2 Licensee shall not use or occupy any easement or property interest not owned by the Village
without first obtaining lawful authority to do so and providing wrinen evidence thereof to the
Village.
1.3 Licensee shall not interfere with existing or future public utility infrastructure and shall
coordinate installations to avoid conflict with existing easements or encroachments.
1.4 Licensee shall construct and maintain its facilities in a manner that preserves the safety and
accessibility of the public rights-of-way. Facilities shall not impede visibiliry, ADA access, or
emergency response operations.
Sf(.,IIO\ 2. TER\I
This Agreement shall be effective as ofthe date above and shall remain in effect for five (5) years.
It may be renewed for one ( I ) additional five-year term upon mutual written agreement of the
parties unless either party provides written notice of non-renewal at least 180 days prior to
expiration.
SECTIO\ J. CO}IPLIA\CE A}-D PER\IITS
3.1 Licensee shall obtain all required permits before commencing any work. All activity must
comply with the Village Code. applicable safety standards, and any conditions attached to the
permits. No facility may be installed or maintained outside of the Licensed Area without prior
written approval.
3-2 Licensee shall not use or occupy any easement or property interest not owned by the Village
without first obtaining lawful authority to do so and providing written evidence thereof to the
Village,
3.3 Licensee shall not interfere with existing or future public utility infrastructure and shall
coordinate installations to avoid conflict with existing easements or encroachments.
J.4 Licensee shall construct and naintain its facilities in a manner that preserves the safety and
accessibilit-v of the public rights-of-rvay. Facilities shall not impede visibility. ADA access, or
emergency response operations.
3.5 Licensee shall post and maintain a performance bond- inevocable letter of credit. or other
financial securiry" in a form acceptable to the Village in lhe amount of $50,000. or such other
amount as may be required under Section 12.04. 100 of the Village Code. The securiry shall ensure
compliance with the terms of this Agreement. restoration obligations. and indemnification
commitments.
J.6 Licensee shall annually register with the Village as required by Section 12.04.030 of the
Village Code, including current contact, energency. and insurance information.
ST-("I'IO\ {. } EES A\D ('OSTS
Licensee shall pay all applicable permit fees and reimburse the Village for any actual, reasonable
third-party costs incurred for engineering review, inspections, or restoration oversight, as
permitted under Title 12.
SECTIO\ 5. I\ST R,{\('E
5.1 Licensee shall maintain insurance as required by Section 12.04.080 of the Village Code,
naming the Village and its elected and appointed olficials, employees, agents, and representatives
as additional insureds. Certificates ofinsurance shall be filed prior to the commencement ofwork
and updated annually. Nothing in this Ageement shall prevent the Village from requiring greater
insurance coverage than specified in Section 12.04.080.
5.2 All insurance shall be effected under policies issued by carriers rated at least A- and Class VII
by A.M. Best. Licensee may self-insure onlv upon written approval by the Village and
demonstration offinancial capacity consistent with Section 12.04.080(E) ofthe Village Code.
SE('TIO\ 6. I\DE}I\I I I('A'I-IO\
To the fullest extent permitted by law, Licensee shall defend, indemnifo, and hold harmless the
Village, its corporate authorities, officers, officials, employees, agents, representati! es. and
confiactors (collectively, the "lndemnitees") fiom and against any and all claims, liabilities.
obligations, damages, penalties, fines, costs, and expenses (including attorneys'fees and expen
witness fees), ofany kind or nature, whether direct or indirect, arising out ofor resulting from:
(a) Licensee's or its contractors', subcontractors', employees', agents', or a{filiates'acts or
omissions in connection with the construction, installation. operation, maintenance, repair,
relocation, or removal of Licensee's facilities:
(b) any breach or default by Licensee in the performance of its obligations under this
Agreement:
(c) any violation by Licensee or its agents ofapplicable law.
(d) any claim for bodily injury, personal injury, death. property damage, or economic harm
arising out ofor in connection with Licensee's use or occupancy ofthe rights-of-u'ay;
(e) any claim arising from or related to the relocation or removal of the Licensee's facilities
in accordance w'ith Section 7 or Section 8, including. but not limited to those brought by
Licensee's customers or end users that assert injuries ofany kind resulting from a loss or
interruption ofservice in the licensed facility.
except to the extent caused by the gross negligence or willful misconduct of the Village. The
obligations set fonh in this section shall survive the expiration or earlier termination of this
Agreement. Nothing herein shall waive any defense or immunity the vi age may assen as it
relates to any claim.
SECTIO\ 7. RELOCATIO\ A}-D RE}TOT"{L
7.1 Village-Directed Relocation in the Public Interesr.
Upon written notice from the village Manager or their designee, Licensee shall, at its sole cost
and expense, promptly relocate, remove, or adjust its facilities as directed when necessary to
further the public interest. Examptes include public works, utility improvements, transportation
upgrades, or safety enhancements. Formal direction from the village Board shall not be required
to trigger Licensee's obligations under this Section.
7.2 Timing and Compliance.
Unless otherwise stated, Licensee shall complete the relocation within forty-five (45) days. The
village Manager may grant an extension for good cause provided such extension does not delay
the remainder of the project to the detriment of the Village. The Village may assess any costs
associated with an extension requested or other*'ise occasioned by the Licensee on the Licensee.
7.3 Failure to Comply.
If Licensee does not comply, the Village may perform the work and invoice Licensee for all
reasonable costs- Payment is due within rhirty (30) days,
7.4 Emergency Relocation.
In emergencies, the Village may relocate facilities without prior notice. Licensee shall reimburse
costs upon demand.
7.5 No Compensation.
Licensee waives any claim for compensation related to relocation or removal under this Section.
7.6 Intemrption.
Licensee shall indemnify. defend. and hold the Village harmless from any and all claims by itself.
its customers or third panies resulting from any intemrption ofservice occasioned by the relocation
or removal ofthe Licensees' facilities under this section
SECTION 8. ABANDONMENT AND REMOVAL UPON CESSATION OF
OPERATIONS
8.1 Obligation to Remove Facilities.
Licensee shall remove its facilities and restore the right-of-way upon:
(a) Insolvency or bankruptcy;
(b) Cessation of opemtions within the Village: or
(c) Non-use ofa facitity for six (6) consecutive months without ju*ification.
8.2 Notice ofCessation or Abandonment.
Licensee shall notiry the Village within thirty (30) days ofany such event.
8.3 Village Self-Help.
If Licensee does not remove the facilities within sixty (60) days of notice from the Village, the
Village may perform the work and recover costs through any security provided and seek to recover
any difference from Licensee.
8.4 Title to Abandoned Facilities.
The Village may elect to take title to abandoned facilities by written notice.
8.5 Determination of Abandonment.
A facility will be deemed abandoned if:
- It is unused for six (6) consecutive months; and
- Licensee fails to demonstrate legitimate business plans or continued maintenance;
- Licensee fails to respond within thirty (30) days to a Village request for certification ofuse.
The Village may request an annual certification ofuse and intent to maintain.
SECTION 9. ASSIGNMENT
9.1 Assignment is prohibited without prior written consent of the Village.
9.2 Licensee shall noti! the Village at least thirty (30) days prior to any transfer ofownership or
control ofthe facilities. All obligations of this Agreement shall be binding on any successor.
SECTION 10. DEFAtTLT Al-D TER\ll\..ATIO:{
l0.l The Village may revoke this License, in whole or in part, or suspend construction or operation
ofany Licensee facilities within the public right-of-way, if:
I . Licensee has made a materially false or misleading statement in its application;
2, Licensee fails to comply with any term, condition, or obligation under this Agreement or
applicable Village ordinances, including Title l2;
3. The presence or condition ofthe Licensee's facilities presents an imminent threat to public
health or safety; or
4. Licensee fails to construct or maintain its facilities substantially in accordance with
approved plans or applicable law.
10.2 Prior to revocation, the Village shall give written notice to Licensee describing the default or
violation. Licensee shall have thirty (30) days to cure the violation or. if it cannot reasonably be
cured within such period, to begin and diligently pursue the cure to completion.
10.3 . If Licensee fails to cure within the required period, the Village mav revoke the License or
take such other enforcement action as authorized by law, including removal of facilities at
Licensee's expense.
10.4 Nothing in this Agreement shall be consmred to limit the Village's aurhoriry under Tirle
12.04.1 l0 or other applicable law.
SECTIO}.' I I. \OTICES
All notices shall be in writin_q and delivered by personal sen'ice, cenified mail. electronic mail. or
couner to:
If to the Village:
Village Manager
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove. lL 60089
With a copy to:
Patrick T. Brankin, Village Attomey
Schain Banks Kenny & Schwartz, Ltd
70 W Madison 51., $1g -s400
Chicago, IL 60601
(3 r 2) 345-5700
lf to Licensee:
flnsen Address and Contact Info]
Metro Fibemet, LLC
Attni Senior VP Outside Plant
3701 Communications Way
Evansville. lN 47715
With a copy to:
Metro Fibernet, LLC
Attn: Legal
'11880 College Boulevard, Ste. 100
Overland Park, KS 66210
pbrankin@schainbanks.com
SECTIO\ I2. GO\'ER\I\G L-{\\ -{\D \'E\f'E
This Agreement shall be govemed by and consmred in accordance u,ith the laws ofthe State of
Illinois, without regard to its conflicts of laws principles. Any litigation or proceeding arising out
ofor relating to this Agreement shall be brought exclusively in the Circuit Court ofCook County,
Illinois, and the panies inevocably submit to the jurisdiction and venue of that court.
SECTION 13. ENTIRE AGREEIIE\T: ANIENDNIE.\.-T
This Agreement represents the full understanding between the panies and may only be amended
by written instrument signed by both.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
wntten.
VILLAG
Name:.(_
Title
LICENSEE
By:
BUFL'A ROVE
U
\
Name:
Title:
Stacy Jenkins
Senior VP Outside Plant
REVIEWED
By John.f Ch@n,.15:1t pd, 12Eti 5
EXHIBIT A
[Attach schematic or detailed description of permirled locations]
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