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HomeMy Public PortalAboutr 07:165 ~z.olUlwn .or rqr (lJl.orO:U~!f u:t. \LW:nrrr11 ~ + dJ + No, 07-16'; Date of Adoption June 14. 2007 RESOLUTION GRANTING PERMISSION TO ABOVENET COMMUNICATIONS, INC, TO INSTALL TELECOM,NIUNICATIONS FACILITIES ALONG, UNDER AND OVER THE PUBLIC RIGHT-OF-WAY \VHEREAS, AboveNet Communications, Inc. (AboveNet) is a telecommunications carrier authorized to provide service by the New Jersey Board of Public Utilities (BPU) and the Federal Communications Commission (FCC); and \VHEREAS, AboveNet, as a public utility and common carrier, has requested approval to install telecommunications facilities in Carteret rights.of-way; and \VHEREAS, AboveNet 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 AboveNet 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: 1. pennission and authority are hereby granted to AhoveNet 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 ofCarteret, 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 in underground conduit and/or onto utility poles in the public right-of-way as anthorized by law, B. AboveNet, 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. AboveNet, its successors and assigns, shall comply with all Federal, State, and Local laws requiring pennits prior to beginning construction. D. Such permission be ~nd is hereby given upon the condition and proviSIon that AboveNet, its 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 connected to the acts or omissions of AboveNet in use ofthe public right-of-way but shall agree on behalf ofthe 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 constmction period, excluding in all instances claims found by a court of competent jurisdiction to have arisen from the willfull misconduct on the part ofthe Borough, E. In addition to the aforesaid indemnity agreement, AboveNet, its successors and ass~gns shall at its own cost and expense procure and keep at all times in full force and effect paid up policies for Comprehensive General Liability Insurance in favor of the Borough, in the amount of a least $5,000.00, inclusive of umbrella coverage, covering bodily injury and property damage arising out anyone 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 t\1e Borongh Clerk prior to the installation of any plant. The Borough shall have the right to increase the amount of Comprehensive General l;.-iability Insurance and to alter the terms of insurance ca1ted for under this Section. Said insurance sha1t not be subject to cancellation or change until thirty (30) days after the Borough Clerk has received written notice thereof as evidenced by return receipt of certified or registered letter, NO, 07,165 PAGE 2 F, Such permission be and is hereby given upon the further condition that in the use ofthe public right-of-way AhoveNet, its successors and assigns, shall become subject to any lawful Ordinance or Resolution now or hereafter adopted by the Borough, G, Such pennission be and is hereby given upon the condition tbat AboveNet sball obtain all applicable pennits which may be required by the Borough, and shall comply with, and hear 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, Above Net shall pay to the Borongh the amount of Five Thousand Dollars & Zero Cents ($5,000.00) in reimbursement for Borongh costs in reviewing and approving the above-described installation of telecommunications facilities. H, AboveNet 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 1. Notwithstanding any provision contained herein, neither the Borough nor AboveNet shall be liable to the other for consequential, incidental, exemplary damages on account of any activity pursuant to this instrument. J, This instrument shall be adopted on behalfoftl)e Borough by the Borough Council and attested to by the Borongh 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 50 years. However, after 7 years from the date ofthis agreement, the Borough shall have the right to terminate permission and authority, by Resolution with a minimum one year notice to AboveNet to sell or liquidate its local facilities on the Borough rights-of-way, Conversely, AboveNet shall be allowed to tenninate permission and authority, by request of Resolution with a minimum of one year from passage of such Resolution to sell or liquidate its local facilities in the pnblic right-of-way, Adopted this 14th day of Jnne,2007 and certified as a true copy ofthe original on May'27,2008, LINDA A. RNERA, Assistant Municipal Clerk RECORD OF COUNCIL VOTE COUNCIL!\fAN YES NO NY A.B. COUNCILl\IAN YES NO NV, A.B. BELLmQ y I. ' NAPLES X DUL v RIOS X KRUN - v SITARZ X X-Indicate Vote AB-Absent NV - Not Voting XOR - Indicates Vote 10 Overrule Vela Adopted at a meeting of the Municipal Council .Tnno 110 OM7 i~ i, J Q pt, , > ~ -~- cz,.,t.Clerk !I IT OF 10N MEMORANDUM TO: KATHLEEN M. BARNEY, NdMC MUNICIPAL CLERK BOROUGH OF CARTERET 61 COOKE AVENUE CARTERET, NJ 07008 FROM: ROBERT J. BERGEN, ESQ. LAW DIRECTOR BOROUGH OF CARTERET 0 DATE: APRIL 10, 2012 ENCLOSED PLEASE FIND AN ORIGINAL COPY OF THE CERTIFCATE OF LIABILITY INSURANCE FOR ABOVEN'ET COMMUNICATIONS, INC., PLEASE ATTACH TO RESOLUTION 407 -165. PLEASE BE SURE TO FILE AND PROCESS ACCORDINGLY, IF YOU NEED ANYTHING FURTHER, PLEASE DO NOT HESITATE TO CALL. THANK YOU, 0 R0- ER 'f 1.'BJL1cG N, E,3Q 0 n f n ' 0 n AL✓ " CERTIFIC T ® S�'NC LIABILITY INSU Page 1 of 1 03/ 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 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 Willis of New York, Inc. c/o 26 Century Blvd. CONTACT NAME: a/o ° ho EX7: 877- 945 -7378 g NO: 888 467 - 2378 E-MAIL ADDRESS: Certificates(�VTillis.com P. O, Box 305191 Nashville, IN 37230 INSURER(S)AFFORDINGCOVERAGE NAICN INSURERA: Travelers Indemnity Company of Connecticu 25682 -001 EACHOCCURRENCE INSURED Abovenet Communications, Inc. INSURERS: Travelers Indemnity Company 25658 -905 INSURERC:The Travelers Indemnity Company of Americ 25666 -001 360 Hamilton Avenue 7th Floor White Plains, NY 10601 INSURERD: National Union Fire Insurance Company of 19445 -005 INSURER E:Chdrter Oak Fire Insurance Company 25615 -001 GEN'L AGGREGATE LIMIT APPLIES PER: X I POLICY P EPT . LOG INSURERF: Travelers Property Casualty Company of Am 25674 -004 COVERAGES CERTIFICATE NUMBER: 17610562 RFtdtq nKi NIIMRFR- 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 LT TYPEOFINSURANCE ADD' 1 sr SUD O POLICYNUMBER POLICY EFF q OD POLICY EXP MWDDMYY LIMITS A GENERALLIASILITY X COMMERCIALGENERALLIABILITY CLAIMS-MADEIXI OCCUR Y H6303298N692 3/31/2012 3/31/2013 EACHOCCURRENCE $ 1,000,000 OHMAGE TORENTEO PREMISES Ea occurence $ 1,000,000 MED EXP(Anyone person) $ 10.000 PERSONAL &ADV INJURY $ 11000, GENERALAGGREGATE $ 2, GEN'L AGGREGATE LIMIT APPLIES PER: X I POLICY P EPT . LOG PRODUCTS-COMP /OPAGG $ 2,000,000 $ B C AUTOMOBILELIABILITY ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X HEDUL ED AUTOS ADS H8103298N692 MA BA9809N667 3/31/2012 3/31/2012 3/31/2013 3/31/2013 COMNDSINGLE LIMIT (Ea acc'd S 1,000,000 X BODILY I NJURY(Per person) $ BODILY INJURY ( Peraccidenl ) $ X PROPERTY DAMAGE Paracc!dant $ $ D X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 080737300 3/31/2012 3/31/2013 EACHOCCURRENCE S 5,000,000 I AGGREGATE $ 5 DEO X RETENTION$ 10,000 $ E F WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTNEa OFFICER/MEMBER EXCLUDED? IMandabryin NH) Ryes, describe under DESCRIPTION OF OPERATIONS below N/A AOS HVYBO1TB3298N69212 CA HJUBV33590612 3/31/2012 3/31/2012 3/31/2013 3/31/2013 X p yLA11T5 OETH 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/ VEHICLES (Attach Acord 101, Additonal Remarks Schedule, It more space is required) The Borough of Carteret, its officers, agents and servants are included as additional insured as respects General Liability as their interest may appear. - nvtUnM SHOULD ANY OF THE 6BOVE D ESC RI BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The Borough of Carteret Attn: Robert J. Bergen, Esq. 61 Cooke Avenue Carteret, NJ 07008 Coll:3 AUTHORIZED REPRESENTATIVE e :1424282 Cert:17330562 © 1988- 2010ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD