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HomeMy Public PortalAboutr 15-098'A U�! } 4 i].Q1.O�t Larterd Date of Aduptiui "["-'-1 � f 2M GRANTING PERMISSION TO NORTHEASTERN ITS, LLC TO INSTALL TELECONIr IUNICATIONS FACILITIES WITHIN THE VIINUE STREET PUBLIC RIGHT -OF -WAY WHEREAS, Northeastern ITS, LLC (Northeastern) is a telecommunications carrier authorized to provide service by the New Jersey Board of Public Utilities (BPU) and the Federal Communications Commission (FCC); and WHEREAS, Northeastern, as a public utility and common carrier, has requested approval to install telecommunications facilities in the Minue Street right -of -way within the Borough of Carteret (Borough); and WHEREAS, Northeastern is seeking to lease space to install and maintain a thirty-five (35') foot tall pole with one (1) two and one -half (2.5') diameter antenna within the Minue Street Right -of -Way which installation requires Carteret Borough Council approval. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Carteret that: 1. Permission and authority are hereby granted to Northeaster to install, at its sole cost and expense, the above described telecommunications facilities within the Minue Street public right -of -way in the Borough of Carteret, in order to provide telecommunications services to the public, and to operate, maintain and repair said facilities, subject to the following: A. The facilities shall be installed as authorized by law, and in accordance with the Right -Of -Nay Use Agreement to be entered into between Northeastern and the Borough, a copy of which shall be attached hereto and made a part hereof. B. Northeastern, its permitted successors and assigns, shall adhere to all applicable Federal, State, and Local laws regarding safety and /or other applicable requirements for the use of the public right-of-way. C. Northeastern, its permitted successors and assigns, shall comply with all Federal, State, and Local Imes requiring permits prior to beginning construction. D. Such permission be and is hereby given upon the condition and provision that Northeaster, its permitted successors and assigns, not only indemnify and save harmless the Borough of Carteret, its officers, agents and servants from any claims arising from or in any way corrected to the acts or omissions of Northeastern in use of the approved public right -of -way but shall agree on behalf of the Borough to defend any action at law or equity which may be brought against the Borough upon such claims or from claims arising during the construction period, excluding claims found to have arisen from willfid misconduct on the part of the Borough. E. Such permission be and is hereby given upon the further condition that in the use of the public right -of -way Northeastern, its permitted successors and assigns, shall become subject to any lawful Ordinance or Resolution now or hereafter adopted by the Borough. No. 15 -98 PAGE 2 Such permission be and is hereby given upon the condition that Northeastern shall obtain all applicable permits which may be required by the Borough, and S hall comply with, and bear the expenses of, all applicable Borough requirements regarding tra ffic control and police supervision while any work in the public right -of -way is occurring. Additionally, in accordance with the parties Right -Of -Way Use Agreement, Northeastern shall pay to the Borough the amount of Thirty Thousand Dollars & Zero Cents ($30,000.00) in reimbursement for Borough costs in reviewing and in approving the above - described installation of telecommunications facilities. G. Northeastern shall be solely responsible for the repair of any and all damage to paving, existing utility lines, or any surface or subsurface installations, etc., arising from the construction, installation or maintenance of its facilities. 13. This instrument shall be adopted on behalf of the Borough by the Borough Council and attested to by the Borough Clerk who shall affix the Borough seal thereto. Said execution, approval, and filing shall constitute the existence of public notification. I. The permission and authority hereby granted shall be for a period of 50 Years, as limited by the parties Right -Of - %y Use Agreement. 2. In accordance herewith, the Borough Law Director is hereby authorized to negotiate and execute a fomtal Right- Of -NVay Use Agreement with Northeastern in a form acceptable to the Law Director. rdpte9 this 23rd day of April, 2015 and certified as a true ccW of an orj&& on April 24, 2014. , slam ,I RECORD OR COUNCIL VOTE X X - Indicate Vam An - Absent NV - Not Voting XOR - Indicutes Vote to overrule Veto Adopted at a meeting of the Municipal Council