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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 L -R t