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HomeMy WebLinkAboutLong Island Lighting CoLONG IST-AND LIGHTING COMPANY Agreement for Construction of an Extension of Electric Facilities on Private Property ~ i~Is PROPOSAL EXP~ IF NOT ACCEPTED WITHIN 30 DAUB FRO~ DATE: June 7,1991 Town of Southold Main Road Peconic, New York In accordance with your request, we propose ~o install a single phase electric line extension beginning at pole #259 on the southeasterly side of Main Road, Peconic, New York, and continuing in a northwesterH~, direction a distance of 992 feet To proposed po~e ~259-G on your properly, togethe~ with a three wire overhead service Lateral of 95 feet to a building where we ~nderstand single phase., 120/240 volt service is desired. ETectric service will'be ~nislzed in accordance with our published rules and regulations and at our standard rates and terms. The pole will be installed, owned, and maintained by LILCO for joint use with the New York Telephone Company. Attached is a drawing showing the proposed location of our facilities. Installation of the above described facilities is contingent upon the granting of a free, permaneRL easement. k4e~ro One In consideration of our installation on pri~ate propert~)~l~l agree to pa~ the Long Island Lighting Compan~ ("the C~") before the comaencemest of work the sum of $8,410.67' on which there will be no refunds. It is understood and ~greed that all materials use~ b~ un shall be and remain the propart7 of the C~un~. In adSitien to the above construction we will furnish, place and m~intaIn, during the term of ~our service, a m~er ~o register fhe cons~ption and if necessary a transformer to convert the power to u~ilizution voltage except in those cases where the ra~e schedule un, er wb/ch service is rendered requires the conm~er te furnish his owe transformer. The initiation and contin~stion of electric service to these premises is dspa,dsnt upon the right of the C~ to occupy the propert~ involve~, as provided In the C0mpan~'s file~ tariff for electric service. It is undsrstoo~ and agreed khst ~ou herebF grant us the right to trim trees -~here we fiud it necessary, also the right %0 patrol and maintain these facilities on ~oklr property so that the Co~pan~ or its agents may enter the propert~ at an~ reasonable t/me to see that they are in goo~ worki~9 order and perform such work as ma~ be required. ~nen the service is no longer reqnire~ for electric purposes, the Compa~ shall enter the property and remove its facilities and en~ righ~ grante~ shall terminate. In the even~ it bec~mas necessar~ or desirable to relocste these facilities, then the full cost~ of the relocation shall be at ~o~r expense. It is eedarstood and agreed that at khe re~uest of the Compan~ ~ou will greet us an appropriate free easement to cover this installation in the usual form provide~ b~ the Compan~. It is undemstood and agreed that this proposal is centisgeut on our being able to secure any required consent or pen~sion of State or m~cipal authorities and without cost to the Co~pan~ the necessar~ and appropriate easeaents, consents and rights in respest to all propert~ where it ma~ be necessar~ to Inst,/1 other facilities in order to serve ~our proper%~ as deseribe~ herein. ~'Incind~ a ? 1/2% seres tax of $586.79." Accepted this ....... .2.qd....day of ...... .3.u3 Y. ............. ,19.9.1. hold SCOf~ kou|s Harris, Supervisor Very truly yours, LONG ISLAND LIGHTING COMPANY E. W. Case, Manager Eastern Suffolk Division Customer Design Services JUDITH T. TERRY TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1~801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 8, 1991 Metro One C/o Mike Stripeikis 3t55 West Pasiac Street Rochelle Park, New York 17662 Re: Extension of Electric Facilities LILCO Reference No. 33788-14 Dear Mr. Stripeikis: Transmitted herewith is the original LILCO Agreement for Construction of an Extension of Electric Facilities on Private Property which has been executed by Supervisor Scott L. Harris. We have retained a copy for our records. Very truly yours, Judith T. Terry Southold Town Clerk cc: John Raynor, Police Headquarters JUDITH T. TERRy TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICF~R Town Hall, 53095 Main Road P.O..Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS; IS TO CERTIFY IHAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOuTHOLD TOWN BOARb AT A REGULAR MEETING HELD ON JULY 2. 1991: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Agreement for Construction of an Extension of Electric Facilities on Private Property between LILCO and the Town in order to install an electrical line extension on Peconic Lane in Peconic, New York. Southold Town Clerk July 3. 1991 % HARVEY A. ARNOFF Town Attorney MATTHEW G_ KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOT]' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone 516) 765-t800 June 17. 1991 Metro One c/o Mike Stripeikis 365 West Pasiac Street Rochelle Park. NY 17662 Re: Main Road, Peconic. New York Lilco Reference No. 33786-14 Dear Mr.' Stripeikis: Anthony Langella's June 7. 1991 letter with regard to the above-referenced matter has been referred to my attention. As you will recall. Mr. Langella's correspondence enclosed two (2} documents,: 1. A Private Property Agreement 2. Lilco's Requests for Easement Information After speaking with John Raynor in the Town's Police Department. it is my understanding that LiR:o's charge for the installation will be paid by Metro One. At your earliest convenience, kindly confirm this to me in writing, Enclosed herewith, please find s completed easement information form which you may forward to Mr. Langella so that the easement can be prepared. In addition, it is ~my understanding, from John Raynor. that Metro One is in possession of a clean survey of the property. Should you have any questions with regard to this matter, please hesitate to call me. ,(/ery//truly yours. ! ' . - ~atthew G, Kiernan Assistant Town Attorney do not MGK:mls Enclosure cc: Anthony G. Langella. Customer Design Services John Raynor. Police Department 2~ DATE: 3u~ ~7, ~991 LiLCO REQUEST FOR EASEMENT ~NFORMATION APPLICANT/JOB NAME: TOWN OF $OUTHOLD SERVICE ADDRESS: M~in Road Ref, =33786-14 Peconic, New York 11958 APPLICANT'S MAILING ADDRESS: Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 kLL PROPERTY OWNER INFORMATION: MUNICIPAL 3A) ~ORPORATI(IN: X Yes No If No, see 3B NAME OF CORPORATION: TOWN OF SOLTHOLD BUSINESS kODr~gSS: Southold Town Hall, 53095 Main Road (P.O. Box ~ UNACCEPTABLE) Southold, New York 11971 N~4E AND TITLE of officer of the corporation who will sign easemens: Scott Louis Harris, Supervisor RESIDENCE ADDRESS of officer above: ( P.O. Box # UNACCEPTABLE) 37800 Main Road Orient, New York 11957 Police Headquarte rs: DIST 1000 SECT. 75 BLOCK 5 LOT 14.1 3B) OTHER: PRIVATE PARTY OR PARTNERSHIP NAME AND RESIDENCE ADDRESS OF B_LL OWNERS OF RECORD (P.O. Box # UNACCEPTABLE) DIST SECT. BLOCK FOR LILCO USE ONLY: PLEASE CHECK ALL APPLICABLE EASEMENT TYPES Tl;pe of Easement required: O.H. Elec. U.G. Elec. RUD Planner PlannerPb~ne ~ LILCO REOUEST FOR EASEMENT INEORMATION APPLICANT. JOB NAME: SERVICE ADD~ESS: 2) APPLICANT'S MAILING ADDRESS: 3) ALL PROPERTY OWNER INFORMATION: 3A) CORPORATION: ~/ Yes NAME OF CORPORATION: EUSINEES mDRESS: 7 (P.O. Box # UNACCEPTABLE) No If No. see 3B 3B) NA~4E AND TITLE of officer of the corporation who will sign easement: RESIDENCE ADDRESS of officer above: 37 (P.O. Box # UNACCEPTABLE) DIET ' ~ SECT. 7~ BmOC~ J~ nOT / V. / OTHER: PRIVATE PARTY OR PARTNERSHIP NAME A_ND RESIDENCE ADDRESS OF ALL OWNERS OF RECORD (P.O. Box # UNACCEPTABLE) DIST SECT. BLOCK LOT FOR LILCO USE ONLY: PLEASE ChqZCKALL APPLICABLE ,EASEMENT TYPES Type of Easement required: O.H. Elec. U.G. Elec. RUD Planner Planner Phone LONG ISI_A~ND LIGHTING COMP,/~NY Direct DialNumber: (516) 548-7041 June 7, 1991 metro One c/o Mike Stripeikis 365 W. Passaic Street Rochelle Park, NJ 07662 Main Road Peconic, NY LILCO Ref. #33786-14 Gentlemen: This is in regard to the proposed installation of single phase electric facilities no the above premises. Attached in duplicate is a Private Properny Agreemenm under the terms of which our facilities will be installed and maintained, ~ogether with a drawing showing the proposed location of our facilities. As stated in the agreemenn, the LILCO charge for this installation is $7,823.88, plus a sales tax of $586.79, for a moral of $8,410.67. Charges in excess of $1,000 n~lst be paid by Certified or Cashier's check. If this agreemenm is satisfactory, please have an authorized representative of the Town of Southold sign the' original of the agreemen5 and return it to our office, Eogether with your payment. The copy of the agreemen~ should be kept by the Town for their record. Prior co the installation of our facilities, we musm also be provided with a free, permanenn easemenm from the Town of Southold. Please forward a copy of a clean survey of the properny so that we can prepare the easement document. In addition, please fill out and return the enclosed easement information form. Please be advised that all computations are based upon tariffs. The Public Service Commission (PSC) approves these tariffs. Any applicable tariff changes become perm of this agreement and may affect your bill. LILCO reserves the right to rebill in accordance with any such change. If we can be of any further assistance in this matter, kindly connect Mr. Adam Dembinsky a5 (516) 548-7024. Very truly yours, Ant~on~ G. %angella Customer ~esig~ Services AGL/vn - Att. 'SCOTT L. HARRIS SUPERVISOR ! TEi2EPHO]~ (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOVFN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 S0uthold. New YOlk 11971 FAX COVER SHEET TO: FROM: DATE: Pages. to follow: ~'~ Additional Comments: IF ALL PAGES ARE NOT RECEIVED. PLEASE CALL SOUTHOLD TOWN HALL at {516) 765-1800 Fax ~ 2~1-~8-???~ r~ ~ax = ,~ TOTAL ~GE.O0~ LONG ISLED LI~-t-r'ING This leccer is i~tendad co excend the Cerms and c~nditions of the Taird r~ ur-~liry pole$~ to incl~o ~ co~a~-Cic~ of thDse facilities to LIT~0'S se~orda~ ~ir~. Please a~e for the' proper endu~emenCs to Da made i~ ~ space provided below. On receipt of t_ha ackno~tedsen~n~ a c~p~ will be_ cc~n~ar-signad b7 TTLCO and returned-for yOu~. recu~ds. Very truly yours, S~eer. Lig~'cting ~ Public Work~' - ,Accepted for: TOWN Of SOUT] ~fihy, Supervisor u~~l, ii i )L~ _~OUll-IOLD TOWN DPW P.S.C. ~o. 7oElectTlc_ ~peraed~g Fifteeo~ Reviaed I~ No. &? lppl!c~ble to Uae o~ ~erviae £or.' '- Outdoor tithtint'of public s~reets, hl~h~ays, parks, parkin~ fields, and s~ilar areas ~ere ficill:ies aa ~tt and main=ained by Eove~n~aI agencies or. thtir frsnchised ~a~ictors. Se~ice shall be fu~tshed ~ly aider ~e ~ecu:im of appropriate · ~e~n~ pr~idi~ for ener~ requ~r~en~s and semite connections. U~ete~ steele ph~e~ 60 hertz altematin8 ~en: controlled ~ ~e cust~er for duck t0 da~ ill~aci~ d no mo~ than i222 h~rs per Fear as defined in ~le 3K of the ~les and ~la~ions at appr~ria:e ~oltaEes aa desl~a~ed by ~e C~any. ' ' - requir6d ~o ~pply ~ f~e ener~ delive~ potn:s established by ~e asre~en: ~d ~I1 :prairie} COnSols of a t~e ~prov~d by'the C~pany. A, Ilth:ht fi~ili:y includes l~r~s~ ~s:s~ ~pply ~trca:s at gl associated equip~n: required. ~e: (per mon~) .-~. :... Energy Charge per ~.f~hting Facility: $·0917 per IGIHs Honthly kil~a~choura are de~e~lned by ~le ~ o~ ~e Rules ~d Re~latIons. . . .' . ~nection ~arEe: · (a) 50.~65 per Ener~ Vel~ve~ Poin~ se~lcint a ll~inE facll~ supplied C~any-o~ed overhead (b) S3.75 per Ener~ Deltve~ Poin~ se~lnE one or more ~derEr~nd ~upplled lt~int facilities fr~ C~pany-~ed ~ergro~d circuit. ~a monthly kilo~a:~hours as de~e~inet by Rule 5~ of ~e ~les ~d s~ll b~, subJec~ to a ~uel c~c adJus~en~ as ~plalned on ~le III.1. Increase In ~es and ~ar~es:-' Ener~ charEes ~e increased by ~e applicable percen~aEe as ~plai~ed in Rule Iii.2 ~or semite supplied wi~in the ~icipali~ ~ere the ~s~omer is ~akint se~ice. C~lngency-Adjustor: · In the even~ Rule II1.3 ~ecaes opera~lve, ~e E~er~ ~arEe shall decrease by $.0097 per ~ ~d the Co~ecCfon ~ar2es shall decrease By 10.6 perc~:. ~e m~ monthly charEe ahaI1 be the ~o~al ~nn~c~ion ~ar~es. ])ate of Issue: AuEuS~ 29s 198~ Da~e Effective: Septenber ls 1984 Issued by .Tohn J. ~ameys ~r,s ~ec~eta~ Issued under authority of ~0' Old Co~:~ Road; ~neola~ N.Y. . order of ~blic Se~ice C~ission dated Au~s~ ' 198~ in Case ~o. 28~53. AGREEMENT:~ made as of the ~,.-day of 4m~, 1976 --~!-... between . LONG ISLAND LIGHTING COMPANY, a Ne~ York corporation, having its principle offia~ at 250 Old ¢ounti-f ROad, Mineola, New York, hereinafter called the "COMPANY", md the TOWN DF SOU~{0LD, a municipal cowporation having i$~ office at Town Hail, S0~T~LD: Li~.~ N.Y. Ii971 hereinafter called the ~'TOWN", · W~E~S, ;COMPAN~ o~ns and operates an elec~r!c street lighting sFste~ pur~u.a~ ~0 ~ropa~ and. valzd ~raachises~ wh~h~is located, in part, in an~ on th~ s~e~ts, hmghways and public places withf~% the ~inco~orated a~eas 9f ~.~ T~, ~' ~E~, tke co~ ~d TO~ desire to conclude ~ arrange~nt whereby thc ~O~w~ll Iea~e ~e fixtures, and in 'some cases, the associa{ed ~dergro~d supply cables to the TO~, ~d the TO~ will pro- vide ~nance, th =efore, ~tEREAS, the factors motivating the parties 'include: The desire of the TOWN to arrange an orderly transition from the present method of pur- chasing complete illumination service from COMPANY to one where~in park of the work may b~ p&rformed b~ the' T.OWN dr its eo~tractors, and The deslr~ of the COMPAI~Y to preserve its in- vestment mn the fixtures and supply cable, and The desire of both parties t6 increase, insofar as it is practical to do s~, the illumination provided on the streets within the TOWN, by the 'addition of new components[to the existing facilities as well as the installation of new posts and cables. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contain herein, the parties do covenant and agree as follows: SECTION I ~roperty to be Leased COMPANY leases to TOWN approximately 1,370 pole mounted'light fixtures referred to hereinafter as Rental Units O.H. (overhead); 3 ~etal lamp posts, referred to hereinafter as Rental Posts U.G. (underground); and the underground supply conductors which energize the rental lamp posts, hereinafter referred to as Cable Supply Units. The' locations of the rental units O.H. and rental posts U.G. are as listed. Rental Units and Cable Supply Units are defined as follows: (a) A Rental Unit O.H. 2 A is an assembly consisting of bracket; hood with socket and open reflector; incandescent lamp; PE control either in head or pole mounted for individual control of the unit, or the PE control and associated adapter and relay when used for group control of a number of rental units; .and the wiring from the heel plate of the bracket which interconnects the components of the complete assembly; and the fuse, if any, in the down lead from the COMPANY's secondary mains. (b) A Rental Unit O.H. - B is similar to a rental unit O.H. - A except that the lamp.is globe enclosed. (c) A Rental Unit O.H. - C is an assembly consisting of an 8' aluminum bracket; a luminaire of the "cobra head" type with a ballast and PE control in head; a 175W mercury lamp; the wiring from the heel plate of the bracket which interconnects the components of the complete assembly; and the fuze if any, in-the .down lead from the C0b~ANY's secondary mains. - (d) A Rental Unit O.H. D - Vertical consists of an 8' bracket; a luminaire with refracting globe and a 400W mercury lamp operating vertically; a pole mounted ballast; the PE either in head or pole mounted; the wiring from the heel plate of the bracket which interconnects the components of the complete assembly; and the fuse, if any, in the down lead from the COMPANY's secondary mains. A Rental Post A, is an assembly consisting of a metal lamp post 10' in height either direct buried or anchored by rods to a concrete base; an upright lumimaire with incandescent lamp; the PE control whet~r in head~ in a post receptacle, er r~motely mounted at the riser on a wood line pole, and aide associated adapter af~d r~l'~y when ~sed f~r group control for a number of lights, bug ndt the g oup control conductor, and ~- wiring from the base of the uniX, ~[ncluding fuses if any, which interconneets the, components of the ~om. plete fix- ~ur~ ~s semblyc. pOs~ is comtrol and also fuses if fix- ~9~. end bracket (g) ~ ~'~a~~i~ .~dw Volt~e - Resident~ ~,is the length ~,~6O~U ~2~-~'~C--circuit, now ~i~t~g w~h~. energizes a s.h~ 1~ re~f[;~ 1 )' ~. -.~is length of cabl~ ~, ~xtend from r. iscr'~co:~df~;i.~ e~t:!~=:r, of plast~ie or 9f Mteel, to the base ef thd' pol~,, the:~e:, undergroumd to bhe~basa~of a light post, J. uc.] udJ n~., '~"'~he fu~c,. . if any, which, e~it~ ~a~ '~ ~.~e . connect ion to ~s~.~a~s, or zt may ~tend f~om the base of one ~g~~Ost to another, or from a pliced connection . ,~ ~ ,~ ~ ~. '~ .~,., , ~. ~ ~OY2'~.~f~:]'~' ~51.[Cr~. ~0:'. Or manhole wha~a ~0~ [eedb~,..a~ ~n:Our.:r~,u::o ~o the base~ of~ a 1] ~ pos~. The I,~,: ~.ow~%,~l.~:~;c - l~zden~al are show~ z~ ,~awlng~ A-Z and (a) SECTION II ~aintena~e of Facilfties Ail components of the Rental Units OH and Rental Posts UG as defined in SectionI, shall be maintained by the TOWN in serviceable operating condition at its own cost and expense. When any component, whether it be a plug-in device, a wired-in device, or a mechanically built-in device, is found to be defective and no long- er operable, the TOWN agrees to replace it with a component which'has the prior approval of the COMPANY. Component parts, which are rep%aced by the TOWN in performing maintenance, will become the property of COMPANY as components of the Rental Unit OH or UG. Cable Supply Units Low Voltage-Residential or Commercial, shall be maintained and kept in serviceable operating condition by the TOWN at its expense. Work necessary on s rise~ on a line pole or in repair, replacement or inspection of the riser, the PE control and associated relays on line poles, shall be performed with special care and attention to the'facilities both of COMPANY and of the New York Telephone Company, the ~oint user of the poles. Techniques and materials employed by the contractor for the TOWN, or by TOWN personnel, in detection ~nd repair of faulty circuit components shall be subject to prior approval of CO~ANY. When it is necessary, in the course of maintenance work, to replace split bolt connectors or gutter taps where the street light feed is conn~cted~to COMPANY's overhead secondary mains, the device used'shall have prior approval'by COMPANY. In the '~vent, during maintenance, the Cable Supply Unit is disconnected from COMPANY's overhead secondary, then in making the reconnect, TOWN shall install an approved type of ~ndlcating fuse, rated at not more than 60 amperes; the fuse and holder being installed as shown in Drawing A-t. When the source point of a Cable Supply Unit Low Voltage is in a COMPANY manhole or seaondary splice box, no work is to be performed by or for the TOWN in the manhole or splice box. If a disconnect is nacessary~ it. shall be effected as in (c) of this paragraph 3.. -5- If ko perform maintenance on a Cable Supply Unit Low Voltage, TOI~N requires that sam~ b~ de-energized by LILCO, there shall .he a ~$10'.O0 charge for such dis- connect; and a similar chnrge for a re-connect. When it is deemed f~practicA!by TOWN tO repair a Cable Supply Unit because of excessive damage or deterioration, or because it isn,t in conformance to appl/icable codes or governmental regulations, its TOWN It is supplant g -separate Each (a). (e) in service exceptions: ~t~O~and [~y not ~3a~' ~ pole- al Unmt is demolished b~yon~ ~eRaiT, y ' or lhe rental ~lIt-olher tha~ts ~OHC, is no ~ the T~. t OH or the ~ntal~U~i.t UE ts incan- and the TO~ de~ir~ i~S r~o~ so that a ~ed light fixture with a hig~ ~sity dis- lamp may be install~ in its pt~e,~ or when UG C is to b~ ~emoved~d~eplmced by unit wz~h a h~h mnt~D~t~.~8zscharge ~eater lumen outp~. 3p~ re~val of the ~ent~ Unit O~.~r }~tal Posts for ~Y of the aforementioned r~so~, all future ~igations with re,rd to ~uch f~uT~ shall cease. is understood that replacement ~ ~ removed Rental ~{t OH by a TO~ o~ed or contractor o~ed lzght :tmre is contingent upom the o~e~ of.~he new it~e f~rst ~avin~ made ~ ~att~en~ agreement t~e~ O~er of tke p61~whethe~t 5e o~ed by ~ or the New York Telephou~ ~.~ When use of Rental Unit OH or a Rental Post is to be terminated pursuant to this paragraph, CO~ANY will disconnect and remove it (or its remains) within 24 hours of notice from TOWN with respect .~ to a or b, and within 15 workdays of notica~ if termination is in accordance with c. If for any reason the COMPANY has not removed the facilities within the defined time limits, the TOWN will notify the COMPANY of its desire to remove the facilities in question and obtain the CoMPANY's permission to do so. On or before the effective date of this agreement, or at the inception of any contract for maintenance made between the TOWN and the contractor during the term of this agreement there shall be submitted for COMPANY's approval samples of devices which may be used in maintenance of Rental Units OH, Rental Posts UG and Cable Supply Units as provided for in this section. Should it be necessary from time to time to introduce parts and devices not previously approved by the COMPANY, such parts and devices shall be submitted for approval prior to installation. ghifting of Rental Posts UG because of private demands or because of works by Public authorities sh~ll be performed by the TOWN at its expense. Any extension of rented Cable Supply Units Log Voltage required by such shifts, or shorten- ing them, shall be performed by TO~N and the obligation of the TOWN with regard to rental or maintenance shall not be altered. Similarly any required relocatipn of part, or all, of a Cable Supply Unit, ~hal~be performed by the TOWN, st its expense. In the event a rented Cable Supply U~iC is to be lengthened. or. extended, to energize new TOI~N owned lamp posts, the extension shall be installed by the TOWN and spliced to the existing rented cable supply. Techniques and materials employed ia making the spliced connection shall be subject to prior approval by CO.ANY. If, as result of faulty maintenance, a rental Post or (rented) Cable Supply Unit is not kept in serviceable condition to the extent that it may 'create hazardous conditions detrimental to the public, the employees of either party,~or of the joint user, or which may hinder COMPARY in its primary obligation to supply electric service to its customers, CO}~ANY shall verbally notify TOWN with confirmation in writing within two days. Should TOWN fail to correct the condition within 24 hours, COMPANY will make necessary repairs; and TOWN agrees to reimburse COb~ANY for its reasonable costs in sofdoing. t0. 11. 12. -7- The TOWN or its contractor shall service and maintain the rented facilities in accordance with' the requirements and specifications-of the National Electric Safety Code~ and in compliance with any rules or orders now in effect Or that hereafter may b~ i~suedby the Public Service Commission of the State of New Yor~. No work shall be dbne by the TOWN when there is reason to suspect that working conditions may be hazardous as the result of weather or other faotors without first receiving 'permission from COMPAiqY's Supervising SaUce Ope~a~or. At all ~imes, the TOWN s ~gemts or ~ stud as!~ ~d not h~nd~ ~ ~n any way q~r '~ their ~rfo~nca ~ wo~ ~ poles ~ '1~? Th~ pr?~siqn~ applies, in %~rt~CU~r, to any ~6tk' !nSpea¢lon by tke TOTN on ~ne ~o!~-~,~ CO~ spImca boxes whe=e r~t~d Cabl~ ~ly U~~ are ~cted. Cb~ ~y ~spect, at any ti~~, the ~erat~ms TO~ ~ the vicinity or its poles ~d facilities; and in ~a~ent the rules sp czfmcatmons ~d requireme~s of ~afe ~p~rati6n~ as set forth in' p~ragraphs 8 and79 ara sh~I, upon d~d, cease i~s ope~atiOC¢ until mn~nal ~greem&~t, with respect t0?~aed=~S ¢~,¢~ f~nowed. I~ ~he e~mt g~ a pole shift or poi~ rep~emen~ ~ a~tached g~ ~t no ~osR ~o the TO~. All ~el~c~mons reqnested b~ t~~ ~Q~' sb~ll ~be performed' by CO~ and' thc TO~ ~h~ll re~ur~ CO~_~he~fore, on. a ~ime and ma~eria~ ba~]is. ~re~a Rental OH must be shif~~ to preserve c~aram=~, from New York Tei~phona familiars, eithe9 eu~st~ng or to' ba ~nstructed, C~ w~ shift the fmmtur~ ~t no s~pense to the TO~. SECTION III Rental Rates & Charges; Purchase Provisions Rental Pmtes and tax adders applicable until April 1, 1976, for units described in Paragraph 2 shall he: OR Fixtures Rental Unit A Rental Unit B Rectal Unit C Rental Unit D Vertical Equipment Rental Tax Composite Adde~ Rental Rate $ 5.83 2.20 13.03 2.57 17;88 .4.05 $ 8.03 15.60 21.93 Quantity 855 25 239 19.54 ~3.85 23.39 251 UG Fed Posts Rental Post A 7~94 3.77 11.71 Rental Post B 13.03 18.48 31.51 9.97 3.96 - ' 13.93 Cable Supply Unit Low Voltage Residential 2 1 13. 14. 15. The tax adder portion of the composite rental rates set forth in paragraph 12 s~ati be a~justed annually to the extent of the imposition of new or increased taxes by Federal, State, or ~nicipal governments levied on the facilities, except to the extent contrary to taw, and any reduction in expense to the COMPANY due to reduced taxes shaii be reflected as a decrease in the lax adder portion of the composite rental rates. The development of the tax adder portion of the composite rental rates set forth in paragraph 12 is demonstrated in Exhibit B-1 attached. Incremental adjustments effective on April t of each year during the. term of this agreement will be computed not later than b~rch 1 and submitted to the TOWN as exhibits-Co become part of the agreement. The C0MPAN~Y shall continue to own the rental units remaining in service through- out the term of this agreement. It is agreed, howe3;er, that at any time during the term the TOWN may purchase any of the Rental Units based on the original cost less depreciation at the time of purchase, subject co the Public Service Commission's approval. SECTION IV Liability, Damasep and Insurance The TOWN assumes all responsibility for damage, throu~hits operations or those of its agents or contractors, to faciliites of COMPANY or the joint user of its poles and agrees to reimburse COMPA/~Y and the joint user for any such damage. The TO~ shall promptly advise the Manager of COMPA~NY's claims Department of all ciaLms relating to damage to proper%3 or injury to dr 16. 17. -9- death of persons, arising or allegedlte .~ave arisen in any ~anner by,, or,directly or indireetly~ass~eia~ed with any i~°rk performed' by/the ~OWN, its '~e~tS ~e~, C~ieS Of ali accident or other ~ports made to ~derstood tha~ I~egnse~ attackers. ~omp~ies '~y ~X~t', or~'b~~st~ed; om line pdlas of N~w~Y~rk Tale~ ,Co~hy or LILGO where r~nte~Cable SuP~I~ U~ts~ ar~ ~e~i~a~ed ~ ~shail be liable for ~m~g~ ~o these fa~l~i~ ~m ~O~E~ sh~I~ !mdemify, protect and save harness the ~ amd~ ~?~p~ us~r' of sasd poles ~d facilities fzom and. ~a~s~ ~ ,and ali~ loss, ii~zl!~ damages and ~p~se ariSi~ut~ of. amy de~d, 91aim, s~i~ or Jud~ent ~or d~ges ~. p~rty o~injn=y ~o ~d~i-d~ath~ 0f persons, incl~ing ~bf~cerS, agars '~d e~i~ees Si. either part~ ~d the~ j~ ~er hereno~ a I in.ludimg pa~ent made find~ my WO~s C°mpe~atiod L~'~= ~D~d~= ~' i any pl~ for .es d~b~ty ~d death b~ empi~ ~ , 1.:~.~ ~ L -fg~,~ ~h~ my arise oUt~l~ ~b~'~Be"a~' By T0~'s use ~ L~th& ~e=t~ Units :us a~,~p~ces of CO~ ~aid~ 4!~, ~r ~i:~ out 'of ~y ~ .t' 0e" ~mi~on or alleged act or o~sion of the TOI~, ~ pro. sion of this pgragraph, s~ ~pply' ir~especIi~e oE 'an~ fault, ~e ~ ~'~:~y' op4ration~' of~ l~w' so~lY by =eason of ~e.[cp~J~ ~ rshmp of said po%es and facilities. I~ ~ders~o~d ~t ~ith~r by ~ec~ion, no~ rejection, n6r ~ ~y o~he~ ~, dhati CO~ ]be deemgd to give any warrD~yr~ :e~ss~. ~. zmplied, as tQ: the adequacy, s~fety. or o%h~r hhara.cte~tzc of any st~ctnres., eqnm~e~t or ~ac!li~es whicB ge r~nted pursu~ to this a ~eezent. ~r t~ ~hi~h ~y~[s~e~t or pa~t of are ~tt~c~edqo~ '~6~ected. The TOWN shall carry insurance, at its sole cost and expense to protect the parties hereto and joint user with respect to the TOWN's liability for the indemnification of COMPANY,' from~and against any and all claims and demands, and from and against any and all actions, judgments, casts, expenses - 10 - amd liabilities of every name and nature which may arise or result, directly, or indirectly, fro~ or by reason of the acts or omissions of the TOWN, its agents or con- tractors or COMPANY and any joint user hereunder, and ~ irrespective of any fault, failure, negligence or breach of statutory or other duty on the part of COMPANY or of the joint user of said poles or facilities. The TOWN shall provide insurance, for the entire life of the agreement, acceptable to CO~ANY, for the following risks and to the extent shown, and shall file Certificates of Insurance or ° original policies with COMPANY when .required, providing such coverage. (a) Workmen's Compensation, as required by law. (b) Comprehensive Public Liability, including contractual liability, with minimum limits of: (I) $500,000 for bodily injury (II) $500,000 for property damage (c) Protective Liability Policy issued i~ the name of and coveridg the liability of Long Island Lighting Company and joint user with respect to ail liability arising out of or caused by the erection, installation, maintenance, presence, use or removal of street lighting facilities as provided under this agreement in the minimum limits of: (I) $500,000 for bodily injury (II) $500,000 for property damage Ail Certificates issued in support of the above requirements must carry positive statements that th~ specific coverages requested are provided. The Indemnification Agreement or Hold Harmless Clause, insured by contractual liability, shall be identified and its language typed on the reverse .side of the Certificate. Certificates and/or policies shall provide that coverage may not be cancelled or changed without 30 days prior notice to COMPANY. 18. 19. SECTION V General Provisions' Theft tm of thTs a~reement, shall be five years from the dace it is eMecu~ed by ~hm Tmu~I. COMPANY reserves to itself, Ets successors and assigns~ and to .~he joint user,, the righ~ to maiqtain:it~ ~oles and 'undargroun~ facilities, and to operate'its aquipme~, in such manner as wii1 best enable it and t~em to fulfill nor ~tion ~ or lumimai~e~, fuses and other wha~p~oever,' Of for any other dcm~ o~o~e~s.~ ~hether...or n~t anM sue,: 3.nteff~:)~cn, or ~ag~ ~s'. da~s~d by~ ~he neZl~ncq% r, misc~ nc:u ': ~ ~ bra of~ s. Catuto~ ~r~ ot~r duty~ o... (,C..=. ~".'9': o.r o, t~;~. ~ser, ~e 'TS~ ~psc~ieall~.' ;.'ai%es any ~l~,Jf :~ fo,r conoc- q~ti~ ~a~es. hR~eun~er. The joint u~eu,-~here referred to in this agreement, is the New, Yor~ Te~pho=~ Company with which, COMPANY has~an agree- meh~t fcc ~o~in~ useof poles supporting overhead d~stribution li~es., It is understood by TOWN'that~some risers (that portion of a Cable Supply Unit att~ached to a line pole - as from Point A to the grott~d line) are attached to poles owned by New York Telephone Company~ such attachments being pu=suant to an agreement~tween LILCO and the New York ~Telephone Company for joint use of poles, dated 1/1/69. TOWN'AGRE~S that prior to performing maintenance work on suck risers appropriate arrange~ents.~hall be made between the: TOWNandl~ITEL. At some locations one or more Rental Posts are group controlled, the Cable Supply, Units 'feeding them being connec=ed to a lamp feed' conductor on COMPANY's line poles, It is understood and agreed COM~NY may, from time to time, e~ect to r~move such conductors from its poles, In such an event, COMPANY shall re-connect the Cable. Supply Unit to its second~ry mains and TOWN agrees it will add to each Rental P~st connected thereto an individual PE control. 22. 23. 24. 25. 27. ~ i2 - If, in any electric rate proceeding before the New York State ~ublic Service Commission, said Commission shall, in determin- ing the COMPANY's revenue requirements, impute additional revenues or delete expenses by reason of any deficiency or alleged deficiency in revenues provided for under this agree- ment, the COMPANY may terminate this agreement upon 120 days written notice. Further, in the event that a tariff is filed with the Pubiic Service Commission of the State of New York covering any aspect of this agreement, then the terms of that tariff shall supersede this agreement. Neither party shall in any way assign, transfer, sublet or encumber this agreement, nor any of the privileges h~reby granted to it (except by operation Of law), without the prior written consent of the other. Subject to the foregolng~ ~however, this agreement shall extend to and bind successors and assigns of the parties hereto. Failure of ~ither party to enforce or insist upon compliance with any of the terms of conditions of this agreement, shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. This agreement constitute~ the entire agreement for the rental of street light fixtures and facilities as defined herein, and is donditioned upon associated contracts for energy and its delivery between the. parties, and it may not be modified or amended, nor may any obligation of either party be changed or discharged, except in writing signed by the duly authorized officer or agent of both parties. In the event the leasin+g hy the TOWN~f'facilities con- templated herein is determined to be without the authority and power of the TOWN by a court of competent jurisdiction, the agreement is automatically nulland void. S~xty d~ym prier to the expiration of this agreement~ TO%tN ~nd CO~ANY may agree to a new ten-year rental contra~t with the rental prices.being not tess than those herein, but possibly greater; hut the TOWN has the alternative to enter into such new agreement and may purchase any or all of the facilities remaining in operation on mutually agreeable terms. Except where otherwise specified, any notice to be given to COMPA~NY under this agreement shall he byaertified mail and sent to: - 13 - Long Island Lighting Company Attn: Manager of Street Lighting Division 250 Old Country Road Mineota, New York i1501 ~'~L Any notice to be given to the TOWN under this agreement shall be sent b~'certified mail to: Southold Town Clerk Main Road Southold, New York'l1971 Any such notice shall be effective immediately upon receipt. 28. This agreement shall be governed by and interpreted according to the laws of New York State. 29. This agreement is subject and subordinate in an indenture of Mortgage and Deed of Trust dated as of September 1, 1951, supplemented and m6dified by sixteen suppIemental indentures, by and between the COMPAI~ and First National City Bank (formerly City Mank (formerly City Bank Farmers Trust Company), as Trustee, and recorded in the offices of the Clerk of Nassau and Suffolk Counties, the office of the Register of the City of New York for'the County of Queens. . IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed on the day and year first above written. ATTEST: ~ -- To~ Clerk "TOWN O~ S~U~tIOLD By , . ~. Super~i§or ' FORM APPROVED: By Town Attorney ATTEST: Assistant Secretary : . V~ President .. . ·..,o~.'.,.',..',,,~..~ : · ·,.....~ .". ~.o..., .... . ~ · .... : · 1,~,-...- -.T · .' '. · ~..- .... : · .'., £ · '. '. ..\\..I/. ...',~.;,,-:,... '...-- .... ,., .,.,.: ::'\~.I -'..--'-...-.: :.:.--'.,. 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'";'"" "" .; · . · .;.,. : -- ,...:.-".;.': :,;-..:::: .:': ...-......~, ..- .~ .- . . '.. . · IIi .... ..I'L:~ .-. ..~.. ..... · ..... ... ·..,.. JJ~ .. · , .. ~,x<~. I ~.,x<,;~,~x,,~,,~,,~..",Ff.. .... : ....... .., .,. . .. .. I fi, - . · ..: .. I .l'_ .-. ..... . · · .'-, .... !. ... .- .', .:'- I ti I . .,.-- I .F.---Z. ............. ,.... I I;: ' - ': .,.-,, 'J i;x..x--~L~ ".'.= '. · ' - · -.-'.'.-.:::,. · '.' ...... : .' · tt! .......... ~ · -,~, -.'.-~.%,.- -. ...... ,, ~.. : ', : .... ... ,.-.. 'It! ..... I'" ' '~-':::q} ...... ' '" ..... " '"'" ..... · -"-,:.' .' :[ - -'; .... ' ....... '.:- '-.~ · C -, ~"--' '--~:.~. Iti, .....t ,.....t'-:/.:'tl .......... . ·. -. ,....- '!fi ..... t ...... '-;'-:::.'.:':1i ': ..... ""' ' ' ' '" :? ' ' '' ' · '' -', '""~..~:. ...:.:: C '' .~. C.~ "" ' .' · ': ' ;" ".;' ':':' · ': .: ".: 'it ': ' · J .., .: ~.-. - .,-.'~ ~. :. J - . : --.;.- .. .,.- ,,-:,-,. · : o-.;.g · .-. J'! .... - ."-,'----.-':.'-.-fF": ~J-'' .~ :. ' .'- ".,'--'" · ~ .' .-' '~'.;'.: · ),.'% · " ' ,.'11" "-..'. · ' .. :' .' ' '.. · ,:{ 'l . ..... . . . .... · . ....- · I . . -. ..... .. - .... . . >.. .. .J I . .. ,. · , .. ...... . .. } I.-.. , · ': ' · ' I Drawing A~2 ExHibit B t- L ~: TOWN OF SOUTHOLD ~oj?:t-'~.:Jo:~ of tax adder to street lighting rental rate. s applicable to April 1, 76° Definitions: Origina~ Cost: The cost used by the New York State Board of Equalization and Assessment in the detarm~imation of the.assessed, valU~ of LILCO's property in public streets. Special Franchise Tax: The total of state,-County, Town and School taxes levied. Average Property Tax: 'Special. Franchise Tax original cost Average Tax Rate: Average Property Tax x 100% (100% - gross revenue tax on rentals) ?he average Property Tax rate, based on the 1975 State, County, and Town; plus the 1974-1975 School tax levies in the Town of Southold, Ts $3.39 per $100.00. The applicable gross revenue tax is.0.75%. The Average Tax Rate · - 3.39% (average property tax rate) x 100% 100-0.75% (gross revenue tax) OH L ~ghts Rental Unit A Im~andescent - Open Reflector (original cost $64.49) x (average tax rate 3.42%) = $2.20 Ren'tal Unit B Incandescent - Globe (original cost $75.15) x (average tax rate 3.42%) ~ $2.57 Rental Unit C fixture with globe ldminaire - 100 or 175W (original'cost $118.31) x (average tmx rate 3.42%) = $4.05 = 3.42% -2- (original cost $112.49) x (average tax rate 3.42% = $3~85 ~G l_~i~as ~nd F~cilities ~ental Post A upright w/globe - incandescent (original cost $110.10) x (average tax rate 3.42%) = $3.77 Rental Post B Double (original cost $540.33) x (average tax rate 3.42%) = $18.48 ~le Supply Unit - Low Voltage - Residential (original cost $115.77) x (average tax rate 3.42%) = $3.96 2a%le Supply Unit - Low Voltage - Commercial (original cost $214.51) x (average tax rate 3.42%) = $7.33 Ja~us ~ 7 1976 AGREEMENT. executed 'the % ~'~ day ~t 1976 of~. and effective ~-he { · l'~"~"~-';', 1976 ;',' ~i~ ~ between -~ ~ ~NG IS~D LI~ING CO~. a New York c~rporation. ~ving its pr%ncipal office at ~2i250 Old Country Road, }~neola. New York, herei~fter called the"Licensor," and the Supe~isor acti~ for .~d on behalf of the TOWN OF SOUTHOLD , a m~icipal corporation o~ .:_~__~wing its principal office at Town Hall. Sou~hold. Long Island. New York 11971. hereinafter called the "LICENSEE," WHEREAS, the Licensee represents that it desires to installin the public streets of the To.m of So~thold a public street and roadway lighting ~ystem ' which it will maintain; and ~ WHEREAS. the Licensor is unwilling to grant unrestricted rights to the -' Licensee 9r to others to make attachments to the Licensor's poles because such attach- :'. merits may adversely affect and interfere with the Licensor's and other public utility operations; and WHEREAS, the granting of attachment privileges to the licensee or to others may introduce a variety of difficulties and problems from the point of view of the Licensor in carrying on, and meeting the expanding requirements of ness; and its electric busi- WHEREAS, the Licensee recognizes the position of theLicensor and is will- ing to accept licenses on the Licensor's poles for the limited purpose of providing street lighting, is willing to develop its system in prompt and orderly fashion in order to minimize the Licensor's operating problems. NOW. THEREFORE. in consideration of the mutual convenants, terms and con- ditions herein contained, the pa~ties hereto do hereby convenant and agree as follows: ARTICLE I GENERAL AGREEMENTS Section 1. The Licensor agrees that it will issue licens~ to the Licensee to permit the Licensee to attach and connect its equipment used in its public street and roadway lighting service to the Licensor's poles and facilities within the area included in Section 4 of this ARTICLE 1, subject to the conditions and limitations contained in this ag~eement~ The Licensor shall be' under no obligation to grau~ any license, or if a license has already .been granted, may cancel ~ny such license on --. r.'ZhLrty day-"' ~ritten ~otice~ where, in the Licenspr's sole judgment, such attachments · ['.!:'a~d connections may interfere in any way with the Licensor's own service requirements ~ .6r £h~ .~..-~:rvice r~w~:ireuo..'zt.~ of the joint user or ma~ involve hazardous conditions, or !.'..~v in o~heF way be unssigable or inadvisable on the pole or poles involved. Witt{6nt ~ttmng the generalmty of-the foregommg, the Lzcensor shall have the unlimited right ~' its sole discretion tO refuse ~a license ,~for any pole or facilities as to which ~?has already granted a license to another company ,tither~ ~han a joint user, . Section 2. The Lic~ its facilities attached , · ~d connected to the Licensor's for public street an~ roadway lightimg purposes. The to terminate this agree- _m~nt om thirty days' notice to s '~udgment the Licensee ia using the poles and pub, lic street and roadway lighting or has announced an~ no delay of the L~ce~sor in acting pursuant to this Licen§or's exercise of;its Tight so to terminate the agr~ Secretes 3. , ?~e Licensee shall have no righ~ to attach to .any pole or facilities of the Licensor un~t~ ~ specific license is g~rant~d as to that pol~ or ,facility. No use,, however extar~dad, of the Licensor's ~61es or facilities u~ek ithis agreement shall create or vest~ im the, Liqensee any ow~er~ship, or property right i~. said poles or facilities, but the Licensee's rights -thereii~ shall he and remain%a mere license. · Nothing in this a~ement or elsewhere shaO~l give the Licensee any exclusive right to the use of the Li~emso. r's poles o~ facilities, for any/p~rpose~ '~nd the Licensor shall b~e free at any time, if it so desir,es. to :stent attachment and connection rights to .... others. Nothin~ here%n conta~De~ sha~l b~con~true~. ~s~affecting the rights or~ privi- leges previously comferred by~.~he Liice~so~, by cont~a~t or otherwise, to other~ to use any poles or facilities covered b~ this agreement; and the Licensor shall have the right to continue and extend such =~ights or p~ivi!eges. The, 'attachment and connection privi- leges herein granted shall at, all t,mme~, be snb3ect ~o~ such contracts and arrangements. .... Nothing herezn con~alned sha~ be COnstrued to compe~t the Licensor to maintain any of ~. its poles or fecllztmes for a.permo~ long'er t~an is necessary for its own service re- quit ements .. Section 4. The area coyote4 by ~is agreement shall be: The enfir~~ ~erritory of ~he To%wn of- Sou~hold, exclusive of Fishers Island and ~reas presen$1~ served b~ the V~lla~ of Greenport. Section 5. The poles and facilities of the Licensor included in this __agreememt shall be only such poles and facilities, within the area described in Section 4 of this Article, with respect tO which the Licensor has the power and privi- lege of granting licenses. Where the Licensor may gr~ant such licenses only with the consent of a third party which has an interest in such poles or facilities, the Licensor shall use reasonable efforts to obtain such consent but may refuse to grant licenses to the Licensee unless the Licensee shall reimburse the Licensor for any substantial expense or payment incurred or made by the Licensor in order to obtain such consent. Section 6. The joint user covered in this agreement is the N5%~ YORK TELEPHONE CO~ANY. .-.]' Section 9.. As used in this ARTICLE II, costs of make-ready work shall be /j~emn~ne~ by ~he Licensor and shall include the 'nos.ts of all materials, supplies, k~fkng, labor (including overtime and board and lodging, where necessary to meet Licensee's requirements), supervision, transportation, taxes, general overhead, luding appropriate loadings for such things as relief and ~ension accruals, social ~uritv t~xes, vacations,' holidays, sickness, worl~nen's compensation, and other items ~ssociated with the work whmch are chargeable to the licensor's accounts under the ~Uniform System of Accounts applicable to the Licensor as prescribed by the Public ~5~Service Commission of the State of New York. With respeet to the replacement of any _--_u. poles, ~he ~osts shall be determined by the Licensor and shall include the total costs : ~'~--_ of the n69 pole, or removal of the old pole, of all transferring- of the Licensor's --: and any joint user's attachments from the old to the new pole and such other costs, ~z. if any, necessitated by the Licensee's requirements, all as defined above, less the --- total of salvage, if any, and the cost of such portion of the new pole, if any which ~.-represents space reserved for the use of the Licensor or a joint user, greater than -~.z. that provided for on the old pole, if the Licensor plans use of such greater space. ARTICLE III RENTALS~ RATES & CHARGES ~. __ Section 1. The Licensee shall pay rentals to the Licensor in respect of ---. licenses for attachments to poles covered by this agreement at $5.00 per y~a~ ~er ~' -_ fixture attached from the date of attachment, billed on a monthly basis, and pro- ~-~_ rated on a per diem basis for new installation or removals. Section 2. In the event that the licensor cancels any license or licenses for reasons other than the Licensee's default, the Licensee shall be entitled to a pro rata refund of rentals already paid. ARTICLE IV LICENSEE'S ATTACHmeNTS &-CONNECTIONS Section 1. The Licensee, at Its b~n cost and expense, shall construct, maintain, and replace its attachments a~d connections on the Licensor's poles and facilities in accordance with the requirements and specifications of the National Elegtrical Safety Code, Sixth Edition, in compliance with any rules or orders now in effector that hereafter may be issued by the Public Service Commission or other authorit~ having jurisdiction, and all of the ru~es and regulations of the Licensor~ as all Of the aforementioned may be amended and revised from time to timei In the event of conflict or ambiguity among the various codes, specifications, rules, regu- lations or orders, heretofore mentioned, the rules and regulations of the Licensor shall gove=n. Section 2. The Licensee shall, at its ova cost and expense, maintain all __ of its attachments and connections on the Licensor's poles and facilities in safe _. condition and in thorough repair. Ail tree trimming required by the Licensor on __ account of the facilities of the Licensee shall be done by the Licensor at the sole cost and expense of the Licensee. Any information or implication conveyed-in this agreement or anywhere else to the connrary notwithstanding, at no time is Licensee __ authorized to permit ~ny of its employees, agents, servants, or contractors to climb 6 'AIl work on poles or on 9ttachments to poles is~ to be per- .by men operating from ladder ~rucks.or,~u=Met trucks. No work shall be done Licensee when there 'is reaAon to suspect that working conditions on the pole as the result of weather or other conditions without first receiving' s Supervising Service Operator. Alt attachments and accordanca.~ith Exhibit C, attached bo' c6mply with the~ spe¢ifi~at,ions the a~evised ~o time '~By the ~ld~h~or. all times Lidense~'s agents and employees ~haI1 s~asida'a~d not ~hinder or~in Se~on'B, '~h~ I~eh/~e~~ shall to facilities Of the Licensor, of the other join~ use= - from. such damage~.~. ~he ~g~cem sha~ promptly,'~'~dv: .~ the L~ tO damage to '~ppe~ '~y :o~ fmj ~y ~ or, d~th of per ~0~, ~Z~ng presence, use or r~o~a~ of" reports made ~ an~:m~er damage aha ail loss other :~a~S: Th~ Licensee all =la/m~j relating ~iege~ ~ have arisen ~r~ation, ~nt~nanae accmd%~ or other Section 4. The'Licensee shall not at any tim'~akean.y:~itions to or changes in, the.location of its attachments or connections on the3p~les and facilities covered by-this agreement without the written consent of the Licensor, except in cases of emergency after oral permission shall have been obtained from the Licensor's MAiNA- GEd OF STREET LIGHTING, such peYmission to be subsequently requested and confirmed in writing. Section 5. The Licensor may inspect each new installation of the Licensee on its poles and facilities and in the yici~ity of its lines or appliances and make periodic inspections Of the entire pla%t of the Licensee as conditions may. warrant. Where Any inspgctionreveals conditions which warrant reinspectio~ to insure that the condition is corrected, the cost of the reinspection shall, upon demand, be born by the Licensee at a maximum ~harge to the Licensee Of $7 per r~inspection. Such inspections_shall not operate to relieve the Licensee of~anyresponsibility, obliga- tion ~r liability assumDd under this ~greememt. Section 6. -Upon notice from the Licensor to the Lie&nsec that the use of any poles or facilities is forbidden by Federal, state orlocal governmental authori- ties, or property owners, permission to attach or connect to such poles or facilities shall immediately terminate and the attachments or connections of the Licensee shall be removed at once from the affected poles or facilities by the Licensee. Section 7. The Licensor ~reserves to itself, its successors and ass~igns, and to the joint user the right to maintain its poles and underground facilities and to operate its equipment in such manner as will best enable them to fulfill their public service requirements. Neither the Licensor nor the joint user shall be liable icensee (and the Licensee shall indemnify, protect and save harmless the Licensor and the joint user against any such claims) for any interruption to the ~serxice of the Licensee, or for interference with, or any abnormality in the opera- tion of the wires, brackets, luminaires, fuses and other appliances of the Licensee arioing~ in any manner whatsoever, or for any other damage suffered by the Licensee or others, whether or not any such interruption, interference or damage is caused by the negligence or misconduct of the Licensor or of joint users or of agent~ or employees of the Licensor or joint users. The Licensee specifically waives any claim for consequential damages. Section 8. The Licensee shall hereafter construct, maintain and replace all its plant used in conjunction with the facilities and connections attached to the Licensor's poles and facilities, including the Licensee's plant on its own poles or other structurers, in conformity with the technical standards set out in this ARTICLE IV, and the Licensee shall, wherever and as soon as practicable, cenform its existing plant to such standards. Section 9. When a pole to Which a light fixture is attached is to be re- placed or relocated, Licensor will disconnect and detach Licensee's f~xture, remove it and tie it to the new or relocated pole. Licensee shall be notified of the con- dition by Licensor. When a pole is struck or damaged or may otherwise be deemed un- safe by the Licensor, at the option of the Licensor, the fixture shall be tied to the pole or removed by the Licensor. Notice of any removal shall be given to the Licensee, who shall pick up the fixture within ten (10) days of the notice date. For the tying or removal of Licensee's fixture in the manner hare described there shall be a charge to Licensee of $10.00. ARTICLE V LIABILITY,. DAMAGES & INSURANCE Section t. The Licensee shall indemnify, protect and save harmless the Licensor and the joint user of said poles and facilities from and against any and ail loss, liability, damages and expense arising out of any demand, claim, suit or judgment for d~nnages to property or injury to or death of persons, including the officers, agents and employees of either~party hereto and the joint user of said poles and facilities, including payment~mada under any Workmen's Compensation Law or under any plan for employees' disability and death benefits, which may arise ou~ of or be caused by the erection, installation, maintenance, presence, use or removal of the Licensee's attachments or connections or by the proximity of the respective cables~wires, apparatus and appliances of the parties hereto or the joint user of said pO%es, or arising out of any act or omission or alleged act or omission of the Licensee, and irrespective of any fault, failure, negligence or alleged negligence on 'the part of the Licensor or of ~he joint user of said poles and facilities. Section 2. The Licensee shall carry insurance at its sole cost and ~x- pense, to pro[ecn the parties hereto and joint users in respect of the License~'s liability for indemnification under ARTICLE V, Section 1, of this agreement, and from and against any and all claims and demends and from and against any and all actions, judgments, costs, expenses and liabilities of every n~me and nature which may arise or result, directly or indirectly from or by reason of the acts or omission of the Licensee or Licensor and any joint user hereunder and irrespective of any fault, IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed as of the day amd year first above written kTTEST: 'Vide President . TOWN OF SOUTHOLD ATTEST.' Town Alber~ M. Martocchia, Supervisor STATE OF NEW YORK) COUNWY OF SUFFOLK) ':...., ~..? .,.·' On this 10th day of Febr{ary, 1976, before me personally came ALB-EI%T Mo ~MARTOCCH~, to me lmown, who being by me duly sworn, did depose and say: THAT he resides at 431 Seventh Street, Greenport, New York; and THAT he is the Supervisor ~f the TOWN OF SOUTHOLD, the municipal corporation described in and which executed'the foregoing instrument; · :. TIIAT he knows the seal of said corporation; TI~T the seal affixed to said instrument is such corporate seal; THAT it was so affixed by order of the Town Board of said Town of Southold; and THAT he signed his name thereto by like~~order. ~'~Notary Public ROBERT W. TASKER NOTARY PURL!C. State of New York - Suf~lk Eoun~ No. 52-3933725 Term Expires March 3C, [977 % 14 ~ STATE OF NEW YORK) COUNTY OF NASSAU ) SS. -' C · came John J. Russell, did depose and say; THAT he resfdes at 44 ~ole Place, Amityville, Count~ of Suffolk, State gf New York; and THAT he is a Vice President of the Long Island Lighting Company, the corporation described in and which executed the foregoing instrument; -! · THAT he knows the seal ~f said corporation; THAT the seal affixed to said instrument is such corporate seal; THAT' it was so affixed by order of the Board of Directors of said corporation;' and THAT he signed his name thereto by like order. , 19/~, before me personally -- to me know, who being by me duly sworn, L Long Island Lighting Company ~nager of Street Lighting 250 Old Country Road Mineola, New York 11501 15 EXHIBIT A APPLICATION AND LICENSE ~-'~ In accordance with the terms of the Agreement between us, dated as of · 19 , application is hereby made for a license or licenses to make attachments to the following poles: Pole Pole Equipment Number Location to be Attached MouMting Height of Bracket on Pole By License Number is hereby granted for attachment to such of the above poles as have mot been stricken from the above list, , 19 LONG ISLA~]D LIGHTING COMPANY By Manager, Street Lighting EXHIBIT B NOTIFICATION OF RF~OVAL BY LICENSEE N.Y., 19 Long Islan~ Lighting Company Manager ~f Street Lighting 250 Old Country Road Mineola, New York 11501' In accordance with the terms of the Agreement hetw~an us, dated as of , 19 , kindly cancel from your zecords ~h~ following poles covered, by the licenses indicated, from which our attachmentsZ:w~re removed on t9~ : Pole Pole License Number Location NUmber Municipality Receipt of above notice is hereby acknowledge, LONG ISLAND LIGHTING COMPANY By Manager, Street Lighting - - i "<: Neutral I ~---"-~St r e et Light , See Note2~--{ ._~ Bracket ; ~ ' ., ~ Supplied And Groundin~ D egrom -- ', ~ , ~ Installed ByOthers~ -- Se~TDetail'A" ~ --Extreme . A construction shal conf~m to design specifications set forth ~ Bottom Of in Edison Electric Institute publication M-12, National Et~tric Safety Code and this LILCO Standard. Min.~[ /~ .- Z. Street light bracket shall be grounded using separate grounding Bracket ~sition~/" conductor furnished by ULCO. Initial connection bracket to be made by LILCO. Below NYTCO. . .~ ~ ~ 5. LILCO shall place light in service by making initial ~ o connections through fuse ~ ~ suppl~ cable. Tope oil conneclions. ~ ~ ~ ~. Conirocior lo ~urnisb photoelecirio conirol ~of dus~ to down [ I ~ illumination for approximately 4100 hOUf~ per year. , and/or their ~ntractor who shall arrange with LIL~ far any [ ~le replacements necessary. NYTCO approval is required~ o ~rionce basis for any mounti~ height beIow ~ ~ ..... '- dimension of Zq~9"since NYTCO normal pole space ~ I?~,,,f ~f.,f,r . involved. See ~tail"B"for fusing of street lights mounted _ ~1~ NYTCO facilities. When / mounted below N~CO facilities a fuse holder shall be  ~ m~nted on th~underside of the lamp bracket. All ' > ~nductors shall be crimp spliced and toped, os shown Detail "B" . All splices shall be inserted in the lamp ~ockeI leaving o smott drip loop which shall be protected with wide epox ed strop . See Detail C for fusing of feet ,Detail "B" ~ DetoJltC" lighls mounted below NYTCO which do not have ~ fuse holder mounted on the underside of the lamp bracket. ~ Mtn mum 4 clarence ' directions shotl be maintained from'street light bracket and fixlure and secondary voltage wires passing bracket oqd fixture. Z Avoid placing s:freet light fixtures on poles containing the following: Utility underground riser pipes~ large terminals or other third party oliochmenis where other insioltolions space (Examples-CATV power supply or 4roffic control ~x). Installation Of'Fuse-See Note 5 . 8. ~e minimum dimension of 2-9 she ~ mci or exceeded for i See R~er~e Side For Bill 'Of Material - oil cases. ~ Denotes Revision o~*w.~ BRO. ~[ws~o. STREET LGH~IN~ FIXTURE5 ' CS 'B~C NOTE7,~MSG-~ STREET LIGHT Ft~UREWtTH PHOTOCELL IN HEAD REVISED NOTE 5 INSTALLED AND OWN~ BY OTHE~ 3336~ 4 4.'/24/73'CHGO-:NO~ I20 VOLT ~PPLY ~3, AD~: M~S ! I