HomeMy Public PortalAboutr 15-125Ezoluttou of 14� Poroug� of &rferet, �C 41
No. E'er Date of Adootiort " 4, 2
GRANTING PERMISSION TO SUNESYS, LLC TO INSTALL
TELECODIMUNICATIONS FACILITIES ALONG, UNDER
AND OVER TIlE PUBLIC RIGHT -OF -WAY
WHEREAS, Sunesys, LLC (Sunesys) is a telecommunications carrier authorized
to provide service by the New Jersey Board of Public Utilities (BPU) and the Federal
Communications Conunission (FCC); and
WHEREAS, Sunesys, as a public utility and common carrier, has requested approval
to install telecommunications facilities in Carteret rights -of -way; and
WHEREAS, Sunesys is seeking to lease or obtain conduit space and access to poles
with other utilities, particularly Verizon New Jersey Inc., and Verizon has required that
Sunesys obtain Carteret Borough Council approval as a condition of such access.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of
Carteret that:
I. Permission and authority are hereby granted to Sunesys to install, at its sole
cost and expense, telecommunications facilities on utility poles or within
underground conduits located in the public right -of -way in the Borough of
Carteret, in order to provide telecommunications services to Borough of Carteret
Public School District, and to operate, maintain and repair said facilities, subject
to the following:
A. The facilities shall be installed in underground conduit and /or onto utility
poles in the public right -of -way as authorized by law.
B. Sunesys, its 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. Sunesys, its successors and assigns, shall comply with all Federal, State,
and Local laws requiring pennits prior to begimiing construction.
D. Such permission be and is hereby given upon the condition and provision that
Sunesys, its successors and assigns, not only indermrify and save harmless
the Borough of Carteret, its officers, agents and servants from any claims
arising from or in any way connected to the acts or omissions of Sunesys in
use of the 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 in all instances claims found to have arisen front willfid misconduct
on the part of the Borough.
E. In addition to the aforesaid indemnity agreement, Sunesys, its successors
and assigns shall at its own cost and expense procure and keep at all times
in fidl force and effect paid tip policies for Comprehensive General Liability
Insurance in favor of the Borough, in the amount of at least $5,000,000.00
inclusive of umbrella coverage, covering bodily injury and property damage
arising out of any one accident. Proof of said coverage, naming the Borough
as an additional insured and including the indemnification coverage required
by Section D shall be filed with the Borough Clerk prior to the installation of
any plant. The Borough shall have the right to increase the amount of
Comprehensive General Liability Insurance and to alter the terms of insurance
called for under this section. Said insurance shall not be subject to
cancellation or change except upon the provider endeavoring to issue thirty
(30) days written notice thereof to the Borough Clerk, as evidenced by return
receipt of certified or registered letter, as provided for on the Certificate of
Insurance.
No. 1_5425
PAGE 2 Of 2
F. Such permission be and is hereby given upon the further condition that in the
use of the public right -of -way Sunesys, its successors and assigns, shall
become subject to any lawful Ordinance or Resolution now or hereafter
adopted by the Borough.
G. Such permission be Ind is hereby given upon the condition that Sunesys
shall obtain all applicable permits which may be required by the Borough, and
shall comply with, and bear the expenses of, all applicable Borough
requirements regarding traffic control and police supervision while any work
in the public right -of -way is occurring. Additionally, prior to starting
construction, Sunesys shall pay to the Borough the amount of One Thousand
Dollars & Zero Cents (51,000.00) in reimbursement for Borough costs in
reviewing and approving the above- described installation of '
telecommunications facilities.
H. Sunesys shall be responsible for the repair of damage to paving, existing
utility lines, or any surface or subsurface installations, etc., arising from the
construction, installation or maintenance of said plant.
I. Notwithstanding any provision contained herein, the Borough shall not in any
circumstance be liable in any way to Sunesys for any consequential, incidental, or
exemplary damages on account of any activity pursuant to this instmment.
J. 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.
K. The permission and authority hereby granted shall be for a period of 20
years.
Adopted this 4 day of June, 2015
and certified as a true copy of the
original on June 5, 2015.
KATHLEEN M. BARNEY, MbIC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
1'ES
NO
NV
A.D.
COUNCILMAN
YES
NO
NV
A.n.
1�L 7N0 -
X
KIM
-
X
D
X
-
-
MkPLES
X
-
DI M19CI0
X
X
X - Indicate Vote An - Absenl NV - Not V,,oag XOR - Indicates `Dote
to Overrule Vern
Adopted at a meeting of the Municipal Council
/ AM 4 2015
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