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HomeMy Public PortalAboutr 09:246 ~eMlufh1tt of fqe lhlorougq of QIarferd, ~ ~ JJ ~ C8-246 Date of Adoption IkEnter 3, '2fJJ) No. GRANTING PERMISSION TO FIBER TECHNOLOGIES NETWORKS, L.L.C., TO INSTALL TELECOMMUNICATIONS FACILITIES ALONG THE PUBLIC RIGHT-OF-WAY WHEREAS, Fiber Technologies Networks, L.L.C., ("Fibertech") is a telecommunications carrier authorized to provide service by the New Jersey Board of Public Utilities (BPU) and the Federal Commnnications Commission (FCC); aad 'VHEREAS, Fiber Tech, as a public utility and common carrier, has requested approval to install telecommunications facilities in Carteret rights~of-way; and 'VHEREAS~ Fibertech is seeking to lease or obtain access to poles with other utilities, particularly Verizol1 New Jersey Inc., and Verizon has required that Fibertech obtain Carteret Borough Council approval as a condition of such access. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borongh of Carteret that: 1. Permission and authority are hereby granted to Fibertech to install, at its sole cost and expense, teleconununlcations facilities on utility poles located in the 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 onto utility poles in the public right-of-way as authorized by Jaw. B. Fibertech, 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-\vay. C. Fibertech, its SUccessors and assigns, shall comply with all Federal, State, and Local laws requiring pennits prior to beginning constmction. D. Such pemlission be and is hereby given upon the condition and provision that Fibertech, its successors and assigns, not only indemnify and save hannless 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 Fibertech in use of the public right-of-way bnt shall agree on behalf of the Borough to defend any action at law or eqnity 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 from willful misconduct on the part of the Borongh. E. In addition to the aforesaid indemnity agreement, Fibertech, its successors and assigns 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 Ihsurance in favor of the Borough, in the amonnt of at least $5,000,000.00 inclusive of umbrella coverage, covering bodily injury and property damage arising out of 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 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. (8-?4h PAGE 2 F. Such permissi~n ~e and is hereby given upon the further condition that in the use of the p~lbhc nght.of.way Fibertech, its successors and assigns, shall bbecorne subject to any lawful Ordinance or Resolution now or hereafter adopted y the Borough. G. Such permission be and is hereby given upon the condition that Fibertech shall obtain all applicable permits which may be required by the Borough, aad shall comply with, and hear the expenses of, all applicable Borough requirements regarding traffic control and police supervision while any work in the public rightMof-way is occurring. Additionally, prior to starting constmction, Fibertcch shall pay to the Borough the aalOuut of Three Thousand Dollars & Zero Cents ($3,000.00) in reimbursement for Borough costs in reviewing and approving the above-described installation of telecommunications facilities. H. Fibertech shall be responsible for the repair of damage to paving, existing utility lines, or any surface or subsurface installations, etc., arising from the constmction, installation or maintenance of said plant. 1. Notwithstanding any provision contained herein, neither the Borough nor Fibertech shall be liable to the other for conseqnential, incidental, or exemplary damages on account of any activity pursuant to tlllS instrument. J. Tlus instrument shall be adopted on behalf of the Borongh by the Borough Council aad attested to by the Borough Clerk who shall aftb, the Borough Seal thereto. Said execution, approval, and filing shall constihlte the existence of public notification. K. The permission and anthority hereby graated shall be for a period of 10 years. However, such permission and authority shall be automatically extended for additional periods of five (5) years each; provided, however, that either party may cancel such pennission and authority effective at the end of the currently effective term with a minimum of one (1) year prior written notice to the other. kbpta:! this 3rr1 day of IkEnter, '2fJJ) and certifiEd as a true cq:y of tre orig1ml 00 . KA'IHLEEN M. &\RNEI', M'1:; Mmicip31 Clerk RECORD OF COUNCIL VOTE COUNCILi\IAN YES NO NV A.B. COUNCILMAN VES NO NY A.B. Oli'fTThn y KRlM . y cru:N X . NAIDS X DIAZ X Iv X.lndicaleVole AS-Absent NV - Not Voting XOR . Indicates Vole to Overrule Veto Adopted at a meeting of the Municipal Council ~/jl~=~; b;(AJ t?----. / CLER '