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HomeMy Public PortalAbout2020.01.14 TBWksp Packet WORKSHOP MEETING JANUARY 14, 2020 4:00 PM AGENDA 01-11-2020 PLEDGE OF ALLEGIANCE ROLL CALL STAFF SPOTLIGHT REVIEW OF AGENDA ITEMS FOR THE JANUARY 21, 2020 RTB MEETING ITEM(S) FOR BOARD ACTION 1WS2020-1 Pursuant to the State Environmental Quality Review Act with Respect to an Agreement for Internet Services with Greenlight Networks, LLC 1WS2020-2 Resolution Approving the Supervisor to Enter into an Agreement for Internet Services with Greenlight Networks, LLC 1WS2020-3 Resolution Approving the Special Event License for the American Red Cross to Hold a Blood Drive at the Irondequoit Town Hall **NEXT REGULAR TOWN BOARD MEETING…TUESDAY, JANUARY 21, 2020 @ 7 pm ** Resolution No. 2020- ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO AN AGREEMENT FOR INTERNET SERVICES WITH GREENLIGHT NETWORKS LLC At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 14th day of January 2020, at 4:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit previously entered into an Agreement for Internet Services with Greenlight Networks, LLC (the Project); and WHEREAS, the Project location has changed from the Irondequoit Town Hall to the Irondequoit Public Library; and WHEREAS, the Project is an Unlisted Action under the State Environmental Review Act (“SEQRA”); and WHEREAS, the Town Board previously considered a Short Environmental Assessment Form (“EAF”) dated June 10, 2019 and declared a negative declaration pursuant to resolution 2019-150; and WHEREAS, the Town Board has considered a new Short Environmental Assessment Form (“EAF”) dated December 20, 2019 attached hereto and made a part hereof and has analyzed the potential environmental impacts of the Project pursuant to the requirements of SEQRA and found that the proposed action will not result in any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the Negative Declaration attached hereto and made a part hereof for the Project and determines that no Environmental Impact Statement is required. AND, BE IT FURTHER RESOLVED, that the Town Supervisor shall file the Negative Declaration along with this Resolution with the Town Clerk and all involved agencies, forward these documents to any person who requests a copy, and maintain the EAF and Negative Declaration in a file regularly accessible to the public. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member and duly put to vote, which resulted as follows: Town Board Member Wehner voting________________ Town Board Member Perticone voting_________________ Town Board Member Freeman voting_________________ Town Board Member Romeo voting_________________ Town Supervisor Seeley voting_________________ Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. if additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency: attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Town of Irondequoit Name of Action or Project: License Agreement with Greenlight Networks, LLC Project Location (describe, and attach a location map): 1290 Titus Ave Rochester, NY 14617 Brief Description of Proposed Action: The Town of Irondequoit "Town" seeks to enter into an agreement with Greenlight Networks LLC "Greenlight", whereby Greenlight will utilize 20 square feet of space within the Irondequoit Public Library, and 20 square feet of space in two other Town Facilities in exchange for fiber Internet services for the Town Hall, Public Safety Building, and another facility to be determined at a later date. Name of Applicant or Sponsor: Robert W. Kiley, Commissioner of Public Works Address: 2629 E. Ridge Rd. City/PO: Rochester Telephone: 585-336-6033 E -Mail: rkiley@irondequoit.org State: NY Zip Code: 14622 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: a. Total acreage of the site of the proposed action? b. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0 acres 0 acres 0 acres NO YES ❑✓ NO YES E 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural (non -agriculture) El Industrial Commercial ❑ ❑ Residential (suburban) D Forest El Agriculture ❑ Aquatic m Other(Specify): Municipal ❑ Parkland Page 1 of 3 SERF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? . Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ✓❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8 a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? - 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES a NO YES ❑ n 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES El n 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 11 a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal. state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES NO YES l Poi3.2 2 of 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ® Urban m Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 -year flood plan? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, NO YES a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids 1 e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: -L9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES z 1i ❑✓ i■ 1 NO YES z 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Appl icant/sponsor/n Signature: Robert W. Kile Date: December 20th 2019 Title: Commissioner of DPW PRINT FORM J Page 3 of 3 Agency Use Only 'If applicable' Project: I Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or small impact may occur Moderate to large impact may occu r W111 the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? . Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? ❑✓ ❑ ❑ S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? ❑ . Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energyopportunities? . Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? ❑✓ E ❑✓ LJ 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? ❑✓ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? ❑ E LJ 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Page 1 of 2 SEAF 2019 Agency Use Only f If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur". or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will Mt be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The Town of Irondequoit 'Town" seeks to enter into an agreement with Greenlight Networks LLC "Greenlight", whereby Greenlight will utilize 20 square feet of space within the Irondequoit Public Library, and 20 square feet of space in two other Town Facilities in exchange for free business class fiber Internet services for the Town Hall (1280 Titus Ave), the Public Safety Building (1300 Titus Ave), and another facility to be determined at a later date. The Town will install new electrical services in the Library to support the Greenlight HUB and associated infrastructure. Further the Town will also install the same electrical services at the two other future locations, once they are determined. Greenlight will utilize existing conduits to connect their fiber network, thus there will be no physical disturbance of soils. This project is an unlisted action for SEQRA purposes and will not result in a significant adverse impact to the environment. As such a negative declaration should be filed. ElCheck this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. IliCheck this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Irondequoit December 20th 2019 Name of Lead Agency Date David Seeley Supervisor €Responsible Officer in Lead Agency Title of Responsible Officer Robert W. Kiley Signature of Respd risible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 Resolution No. 2020- _______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD APPROVING THE SUPERVISOR TO ENTER INTO AN AGREEMENT FOR INTERNET SERVICES WITH GREENLIGHT NETWORKS LLC At a workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 14th day of January 2020 at 4:00 p.m. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ________ offered the following resolution and moved its adoption: WHEREAS, pursuant to Resolution 2019-198, the Town Board of the Town of Irondequoit approved an Agreement with Greenlight Networks, LLC to license a maximum of twenty (20) square feet of space in Town Hall to Greenlight Networks, LLC (the “Agreement”), in exchange for free internet service to the Town Hall campus during the term of the Agreement; and WHEREAS, it is necessary to revise the resolution regarding the license areas as well as the Town facilities that will receive free internet service; and WHEREAS, Greenlight Networks, LLC will license a maximum of twenty (20) square feet of space at Irondequoit Public Library and two (2) additional Town of Irondequoit facilities to be determined and approved of by the Town Board at a later date (the “License Areas”); and WHEREAS, in consideration for use of the License Areas, the Town will receive free internet services at Town Hall (1280 Titus Avenue, Rochester, NY 14617), the Public Safety Building (1300 Titus Avenue, Rochester, NY 14617), and one (1) other Town facility to be determined by the Town Board at a later date; and WHEREAS, the term of this agreement shall commence on January ____, 2020 and terminate January ____, 2024. The Town Board will have the right to renew this agreement for up to four (4) additional terms of five years (together with the Initial Term,) each on the same terms and conditions. Either party may terminate the agreement with thirty (30) days prior written notice; and WHEREAS, the Town Board adopted a Negative Declaration for the revised Agreement pursuant to the State Environmental Quality Review Act in Resolution 2020-___. NOW THEREFORE, BE IT RESOLVED, that the Town Board finds that the Agreement is in the best interest of the Town, and the provision of free internet service to the Town Hall (1280 Titus Ave., Rochester, NY 14617), Public Safety Building (1300 Titus Ave., Rochester, NY 14617), and one (1) other Town facility to be determined by the Town at a later date is fair and reasonable compensation for Greenlight Network LLC’s use of the License Areas. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board hereby approves the Supervisor to enter into an Agreement with Greenlight Technologies, LLC to license the License Areas in exchange for free internet service to the Town Hall, Public Safety Building, and one (1) other Town facility to be determined by the Town Board at a later date. AND, THEREFORE, BE IT FURTHER RESOLVED, that this amends and supersedes resolution no. 2019-198. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ___________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Town Supervisor Seeley voting_________________ AGREEMENT FOR INTERNET SERVICES THIS AGREEMENT, entered into the day of December 2019 (the "Agreement") by and between the TOWN OF IRONDEQUOIT, a New York municipal corporation having offices at 1280 Titus Avenue, Rochester, New York (the "Town") and GREENLIGHT NETWORKS, LLC, a business corporation with a mailing address of 1255 University Avenue, Suite 204, Rochester, New York 14607 ("Greenlight"). WHEREAS, the Town and Greenlight desire to enter into an agreement by which Greenlight will license space at Irondequoit Public Library (located at 1290 Titus Avenue, Rochester, New York 14617, and hereinafter "Library") and two (2) other Town facilities to be mutually agreed upon by the parties in the future (the "Future License Areas"); and WHEREAS, in consideration for the Town's licensing of space at Library and the Future License Areas, Greenlight shall provide internet service, at no cost to the Town, to Irondequoit Town Hall (1280 Titus Avenue), and hereinafter the "Town Hall" the Town's Public Safety Building (located at 1300 Titus Avenue, Rochester, New York 14617, and hereinafter the "Public Safety Building"), and one (1) other facility to be identified by the Town in the future. NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Greenlight agree as follows: 1. LICENSE AREA. The Town hereby licenses to Greenlight a maximum of twenty (20) square feet of space in the IT room located in the Library, as shown on the map attached hereto as Exhibit A (the "License Area"). The License Area may only be used as a HUB site for Greenlight to build out its fiber network and for no other purposes. In the event the Town determines, in its reasonable discretion, that the License Area is needed for other Town purposes, the Town and Greenlight agree to work together to find alternative space reasonably acceptable to both parties. If the Town and Greenlight cannot agree on alternative space, this Agreement shall terminate as if it expired pursuant to its terms. 2. FUTURE LICENSE AREA(S). The Town hereby agrees to license to Greenlight a maximum of twenty (20) square feet of space in two (2) additional Town -owned facilities, subject to the approval by the Town Board of the Town of Irondequoit, which may be granted or denied in the Town Board's sole discretion. The Future License Areas may only be used as a HUB site for Greenlight to build out its fiber network and for no other purposes. In the event the Town determines, in its reasonable discretion, that either or both Future License Areas are needed for other Town purposes, the Town and Greenlight agree to work together to find alternative space reasonably acceptable to both parties. If the Town and Greenlight cannot agree on alternative space, this Agreement shall terminate as if it expired pursuant to its terms. 3. CONDUIT. The Town hereby permits Greenlight to utilize the existing Town -owned 1 8022192_1 conduit system to enter and exit Town Hall. Greenlight and the Town will coordinate conduit locations at the Future License Areas. 4. ACCESS. The Town grants Greenlight reasonable ingress and egress to and from the License Area and Future License Areas, subject to the following conditions: (1) for access during normal business hours, Greenlight shall give the Commissioner of Public Works/Superintendent of Highways or the Town's Director of Information Technology twelve (12) hour prior written notice by electronic mail; or (2) in the event of an emergency, by contacting the Department of Public Works Emergency dispatch. 5. TERM. The term of this agreement shall commence on December 2019 the "Commencement Date") and terminate on December , 2024, unless earlier terminated as provided herein (the -Initial Term"). The Town Board shall have the right to renew this Agreement for up to four (4) additional terms of five (5) years each (together with the Initial Term, the "Term"), each on the same terms and conditions provided herein. Notwithstanding the foregoing. this Agreement may be terminated by either party upon thirty (30) days' prior written notice to the other party. In the event that the agreement is terminated, Greenlight shall be afforded one hundred eighty (1.80) calendar days to remove its property from the License Area and Future License Areas. 6. ELECTRICAL BUILD OUT AND UTILITIES. The Town shall install, at its sole cost and expense, two (2) 20Amp-240Volt circuits (L6-20 outlets) and one (1) 15Amp-120Volt circuit (standard NEWMA 5-15R outlet) within five (5) feet of the License Area. The Town shall install, at its sole cost and expense, two (2) 20Amp-240Volt circuits (L6-20 outlets) and one (1) 15Amp- 120Volt circuit (standard NEWMA 5-15R outlet) within five (5) feet of the Future License Areas. 7. FIBER INTERNET SERVICES. In consideration for use of the License Area and Future License Areas, Greenlight hereby agrees to provide during the Term of this Agreement at no cost to the Town, including but not limited to no installation fees, service fees, rental fees, or additional charges, the fastest level of business class intemet service offered by Greenlight, as amended or changed during the Term of this Agreement (e.g., as of the commencement of this term, "The Big Gig" service of up to 1000 Mbps Download/100 Mbps upload), to: (1) the Town Hall; (2) the Public Safety Building; and (3) one (1) location to be determined by the Town upon the selection of the Future License Area(s), together with one ONT (fiber modem) in each of the three (3) buildings at an agreed upon location at no cost to the Town. 8. INSURANCE. a. Greenlight shall, at its expense, procure and maintain the following insurance coverage during the Term of this Agreement, which may be satisfied by any combination of primary and excess or umbrella liability insurance policies: (a) worker's compensation insurance as required by law; (b) employer's liability coverage of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00); (c) commercial general liability insurance covering all claims of damages for all injuries, including death and all claims on account of property damage with a limit of liability not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence and aggregate, combined single limit which shall include coverage of the contractual liability assumed in this Agreement; (d) comprehensive automobile liability insurance with respect to any and all owned, hired and non - 2 8022192_1 owned vehicles with a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000.00); and (e) all risk property damage insurance covering all personal property of Greenlight at the License Area and Future License Areas, including equipment and supplies for the full replacement value of such property. The primary insurance required to be maintained hereunder shall be maintained under policies issued by insurers rated not less than "A" in Best's insurance reports (or a comparable rating in an equivalent insurance report) and licensed to do business in the State of New York. b. Greenlight' s insurance policies shall: (i) name the Town as additional insured on the commercial general and any excess liability policy required hereunder; (ii) use commercially reasonable efforts to provide for thirty (30) days' notice to the Town prior to any amendment, change, modification, lapse or cancellation of coverage; and (iii) be written on an "occurrence" basis and as primary policy coverage and not contributing with or in excess of any coverage which the Town may carry. Greenlight shall direct any third -party that contracts with Greenlight to provide services to the License Area and Future License Areas to maintain insurance in the types and amounts reasonably sufficient to protect the Town and Greenlight from any and all liabilities and damages, but in no event less than the amounts required of Greenlight. The liability of Greenlight and the Town or any third parties relating to either the Town or Greenlight shall not be limited to the insurance required to be maintained as part of this Agreement. c. Greenlight shall furnish the Town with a certificate of insurance at least ten (10) days before the Commencement Date showing the coverage required and thereafter such evidences of coverage shall be furnished by Greenlight to the Town not less than ten (10) days prior to the expiration date of each such policy. 9. SURRENDER OF POSSESSION. a. Upon expiration or termination of this Agreement, Greenlight shall surrender possession of the License Area and Future License Areas to the Town broom cleaned and in the same condition and repair as existed on the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted. In addition, Greenlight shall, at its sole cost and expense, remove: (i) all improvements and alterations, if any, to the License Area and Future License Areas made by Greenlight; (ii) all of Greenlight's equipment and machinery; and (iii) any other personal property owned by Greenlight. b. If Greenlight has not removed its personal property on or before the expiration or termination of this Agreement, the Town may remove any and all of Greenlight's personal property from the License Area and Future License Areas and may handle, remove or store at the risk, cost and expense of Greenlight, and the Town shall in no event be responsible for the value, preservation or safekeeping thereof. Greenlight shall pay to the Town, upon demand, any and all expenses incurred in such removal and all storage charges against such property. 10. INDEMNIFICATION. Greenlight shall indemnify and hold the Town harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys' fees) suffered by or claimed against the Town, directly based on, arising out of or resulting from: (i) Greenlight's use and occupancy of the License Area and/or Future License Areas or the business 3 8022192_1 conducted by Greenlight therein; (ii) any negligent act or omission by Greenlight or its employees, agents, consultants, contractors, and/or invitees; and/or (iii) any breach or default by Greenlight in the performance or observance of its covenants or obligations under this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS. 11. NOTICES. All notices, demands, requests, consents or approvals (collectively, "Notice") which may or are required to be given by either party to the other shall be in writing and delivered by registered or certified mail or by a national courier service. A Notice shall be deemed given if delivered by registered or certified mail, return receipt requested, on the fifth business day following such mailing, or, if delivered by a national courier service, on the next business day following such mailing. Any such Notice shall be mailed or delivered to the following: To the Town: Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Attn: Commissioner of Public Works To Greenlight: Greenlight Networks, LLC 1255 University Ave, Suite 204 Rochester, NY 14607 12. ASSIGNMENT. This Agreement may not be assigned without written consent by the other party, which may be granted or withheld in the consenting party's sole discretion. 13. COMPLIANCE WITH LAWS. Greenlight agrees to abide by all federal, state, and local laws, including but not limited to the regulations set forth in the Town of Irondequoit Code. Greenlight will report all incidents and accidents to the Town's Commissioner of Public Works as soon as practicable, but in no event more than four (4) hours after the incident or accident. Notwithstanding anything to the contrary in this Agreement, Greenlight shall not make or permit to be made any use of the License Area and/or Future License Areas or any part thereof that would reasonably be likely to be dangerous to life, limb, or property, or which would reasonably be likely to invalidate or increase the premium of any policy of insurance carried by the Town. Greenlight shall not use, keep or permit the License Area and/or Future License Areas to be occupied or used in such a way as to cause an unreasonable nuisance or in a manner offensive or objectionable to the Town by reason of noise, odors and/or vibrations, or interfere in any way with the Town's business 14. SIGNS. Greenlight shall not display, inscribe, print, paint, maintain or affix on any place in, on, or at Town Hall or any other Town property, any sign, notice, legend, direction, figure, or 4 8022192_1 advertisement display materials. 15. MISCELLANEOUS. The captions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement. This Agreement is a license and does not create an estate in the License Area, Future License Areas, and/or any other Town property. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. [Signature Page to Follow] 5 8022192_1 Greenlight Networks, LLC Town of Irondequoit By: _ By: Name: Name: David A. Seeley Title: Title: Supervisor STATE OF NEW YORK COUNTY OF MONROE ) ss On the day of , in the year before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF MONROE ) ss On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 6 8022192_1 Resolution No. 2020- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE AMERICAN RED CROSS TO HOLD A BLOOD DRIVE AT THE IRONDEQUOIT TOWN HALL At a workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 14th day of January 2020, at 4:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member offered the following resolution and moved its adoption: WHEREAS, the Town Clerk’s Office received an application from the American Red Cross to conduct their Irondequoit Town Hall Blood Drive; and WHEREAS, this event will be conducted in the Broderick Room of the Irondequoit Town Hall on January 23, 2020 from 11:00 a.m. to 4:30 p.m.; and WHEREAS, insurance for this event, which expires on July 1, 2020, has been reviewed and approved by the Town Insurance carrier. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the Special Event License for the American Red Cross to conduct their Irondequoit Town Hall Blood Drive on January 23, 2020 from 11:00 a.m. to 4:30 p.m. in the Irondequoit Town Hall Broderick Room. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member and duly put to vote, which resulted as follows: Town Board Member Wehner voting Town Board Member Perticone voting Town Board Member Romeo voting Town Board Member Freeman voting Town Supervisor Seeley voting 3c. Policy effective period 3d. The Proprietor, Partners or Executive Officers are CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE C-105.2 (9-17) Approved by: (Print name of authorized representative or licensed agent of insurance carrier) Title: (Signature) (Date) 1a. Legal Name & Address of Insured (use street address only) Work Location of Insured (Only required if coverage is specifically limited to certain locations in New York State, i.e., a Wrap-Up Policy) 1b. Business Telephone Number of Insured 1c. NYS Unemployment Insurance Employer Registration Number of Insured 1d. Federal Employer Identification Number of Insured or Social Security Number 3a. Name of Insurance Carrier 3b. Policy Number of Entity Listed in Box "1a" 2. Name and Address of Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) included. (Only check box if all partners/officers included) all excluded or certain partners/officers excluded. to This certifies that the insurance carrier indicated above in box “3" insures the business referenced above in box “1a” for workers' compensation under the New York State Workers' Compensation Law. (To use this form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box “2". The insurance carrier must notify the above certificate holder and the Workers' Compensation Board within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certificate. (These notices may be sent by regular mail.) Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier or its licensed agent, or until the policy expiration date listed in box "3c", whichever is earlier. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy listed, nor does it confer any rights or responsibilities beyond those contained in the referenced policy. This certificate may be used as evidence of a Workers' Compensation contract of insurance only while the underlying policy is in effect. Please Note: Upon cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form. Approved by: Telephone Number of authorized representative or licensed agent of insurance carrier: Please Note: Only insurance carriers and their licensed agents are authorized to issue Form C-105.2. Insurance brokers are NOT authorized to issue it. www.wcb.ny.gov Workers' Compensation Law Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured. 1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed. 2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. C-105.2 (9-17) REVERSE ACORIJ CERTIFICATE OF LIABILITY INSURANCE ��" DATE(MM/DD/YYYY) 06/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. (Philadelphia) 1717 Arch Street Philadelphia, PA 19103 215.246.1000 fax215.246.1399 Attn: Redcross.certrequest@marsh.com CN102834971-ALL-CAS-19-20 CONTACT NAME: PH E FAX A/CON No. Extl: (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Old Republic Insurance Company 24147 INSURED NY PENN REGION AMERICAN NATIONAL RED CROSS 825 JOHN STREET WEST HENRIETTA, NY 14586 INSURER B INSURER C : INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CLE-005967911-09 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY MWZZ 313806-19 07/01/2019 07/01/2020 EACH OCCURRENCE $ 5,000,000 X CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 5,000,000 X SIR $100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OPAGG $ INCLUDED $ A A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY MWTB 313807-19 ($1M) Auto Physical Damage- Deductible Comp/Coll $1,000 MWZX313810-19 ($4M XS) 07/01/2019 07/01/2019 07/01/2020 07/01/2020 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N STATUTE N N /A MWC313809-19 (INSURED STATES) MWFEX313804-19 (FL)* MWXS313805-19 (AL, CA, GA, MA, MI, MO, OH, PA, TN, VA)"* 07/01/2019 07/01/2019 07/01/2019 07/01/2020 07/01/2020 07/01/2020 x PER OTH- ERA E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: BLOOD DRIVES TO BE HELD THROUGHOUT THE POLICY PERIOD, 7/1/2019- 7/1/2020. TOWN OF IRONDEQUOIT IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO COMMERCIAL GENERAL LIABILITY COVERAGE WHERE REQUIRED BY CONTRACT. PRIMARY AND NON- CONTRIBUTORY POLICY LANGUAGE IS INCLUDED WITH RESPECT TO PERSONS OR ORGANIZATIONS AS REQUIRED BY CONTRACT OR AGREEMENT WITH RESPECT TO GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION TOWN OF IRONDEQUOIT 1280 TITUS AVENUE ROCHESTER, NY 14617 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102834971 LOC #: Philadelphia ACC,RD� ADDITIONAL REMARKS SCHEDULE AGENCY Marsh USA Inc. (Philadelphia) POLICY NUMBER CARRIER ADDITIONAL REMARKS NAIC CODE Page 2 of 2 NAMED INSURED NY PENN REGION AMERICAN NATIONAL RED CROSS 825 JOHN STREET WEST HENRIETTA, NY 14586 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ATTACHING TO AND FORMING PART OF THE AMERICAN NATIONAL RED CROSS CERTIFICATE OF INSURANCE AS RESPECTS WORKERS COMPENSATION: This is to certify that all American National Red Cross units in the following states are currently self insured through the American National Red Cross: Alabama, California, Florida, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, and Virginia. Workers Compensation Policy #MWC313809 19: Policy for all other states except the monopolistic states of North Dakota, Puerto Rico, Washington, Wyoming and U.S. Virgin Islands and the self -insured states of Alabama, California, Florida, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, and Virginia. Includes Employers Liability for monopolistic states of North Dakota, Puerto Rico, Washington, Wyoming, and U.S. Virgin Islands. `Specific Excess Workers Compensation Policy #MWFEX313804-19: American National Red Cross is self -insured for Workers Compensation in the state of Florida. The Excess Liability limit is subject to a state approved Self -Insured Retention. "Specific Excess Workers Compensation Policy #MWXS313805-19: American National Red Cross is self -insured for Workers Compensation in the following states: Alabama, California, Georgia, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Tennessee and Virginia. The Excess Liability limits are subject to state approved Self -Insured Retentions. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD