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HomeMy Public PortalAboutr 10-175 2f{ezoluHou of tlp~ 'l@orougq of QIctrterd, ~ ~ JJ ~ No. 10-175 Dale of Adoption July 22, 2010 GRANTING PERMISSION TO LEXENT METRO CONNECT, LLC TO INSTALL TELECOMMUNICA nONS FACILITIES ALONG THE PUBLIC RIGHT-OF- WAY \VHEREAS, Lexent Metro Connect, LLC, is a telecommunications carrier authorized to provide service by the New Jersey Board of Public Utilities (BPD) and the Federal Communications Commission (FCC); and \VHEREAS, Lexent .Metro Connect, LLC, as a public utility and common carrier, has requested approval to install telecommunications facilities in Carteret rights-of-way; and \VHEREAS, Lexent Nletro Cormect, LLC, is seeking to lease or obtain access-to poles with other uti1itit~s, particularly Verizon New Jersey Inc., and Verizon has required that Lexent :Metro Connect, LLC obtain Carteret Borough Council approval as a condition of such access. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough ofCarteret that: 1. Permission and authority are hereby granted to Lexent Metro Connect, LLC to install, at its sole cost and expense, telecommunications 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 law. B. Lexent .Metro Connect, LLC, 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. Lexent Nletro Connect, LLC, its successors and assigns, shall comply with all Federal, State, and Local laws requiring pennits prior to beginning construction. D. Such permission be and is hereby given upon the condition and provision that Lexent :Metro Connect, LLC, 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 ofLexent Metro Comlect, LLC 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 from willful misconduct on the part of the Borough. E. In addition to the aforesaid indemnity agreement, Lexent wIetro Connect, LLC, 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 Insurance in favor ofthe Borough, in the amount 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 indenmification coverage required by Section D shall be filed with the Borough Clerk prior to the installation of allY 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. 10-175 PAGE 2 F. Such permission be and is hereby given upon the further condition that in the use of the public right~of-way Lexent iYIetro Connect, LLC, 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 that Lexent Metro Connect, LLC shall obtain all applicable pennits 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, Lexent Metro Connect, LLC shall pay to the Borough the amount of Five Thousand Dollars & Zero Cents ($5,000.00) in reimbursement for Borough costs in reviewing and approving the above-described installation of telecommunications facilities. H. Lexent iYfetro COJmect, LLC 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 Lexent Metro Connect, LLC shall be liable to the other for consequential, incidental, or exemplary damages on account of any activity pursuant to this instrument. 1. 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 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 minimlUn of one (l) year prior written notice to the other. Adopted this 22" day of July 2010 and certified as a true copy of the original on July 23, 2010. KATHLEEN M. BAfu'IEY, IvlMC Municipal Clerk RECORD OF COUNCIL VOTE . COUNCILl\IAN YES NO NY A,B. COUNCILMAN YES NO NV A.B. BELLINO X KRUM X DIAZ X NAPLES X Dr MASCIO X SITARZ X I X-lndicaleVote AB.Absenl NV - NOl Voting XOR - Indicates Vote 10 Overrule Veto I I Adopted at a meeting of the Municipal Council ~JU~ 22i;010 !Z:/~; ~/t; / . L sr~-~