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Long Island Lighting Co
Direct D~I Number: ,. April 1, 1985 LONG ISLAND LIGHTING COMPANY ;,PR 3 Mrs~ Judith T~ Terry Town ~f So~thold 'Town' Clerk, Main Road Sont~!~l, I~Z~ York 11971 ~e agr~ ~ej~n, ~t between the Town of Southold and LILCO for the rental of r~e~ lights dated April 1, 1976. provides in Paragraph 13 as follows: Th~ tax adder portion of the composite rental rates set forth in p. aragraph 12 shall be adjusted annually to the extent of the !mt~osition of new or increased taxes by Federal, State, or Municipal gox~__*~mnents levied on the facilities, except to the extent contrary to ,la~-~ and any reduction in expense to the C~4PANY due to reduced taxes ~halI be reflected as a decrease in the tax adder portion of the composite rental rates. _The development of the rex adder portion of ~q~site~rental rates set forth in paragraph 12 is danonstrated ~ibit B-1 attached. Incremental adjustments effective on April I 0f~ad'h year during the term of this agreement will be rxmputed not la.~-am~ th~n March 1 and submitted to the Town as exhibits to becarm part ~f'the agreement. ~ahen t~.~.e contract was prepared, each annual rental rate included a tax .dder~5~?ed~on the propertY taxes applicable to the average investment for that gM0Up Of f.ixtures. The average tax rate u?ed based on 1975 State, Count~ and To~m plus the 1974-75 school tax levzes in the Town of Sonthold was $3.42 per $100. - ~ ' - · ' t It .zs our inten t~..t billing of street lighting service beginning with Aprzl t, 1985 be adjusted to refleat adjustments as shown through the tabut~ons based on the difference between the tax portion of the rental rate for the current year and that of the original year of contract. We believe the attachment is self-explanatory at detailing the computation. Should there be any questions, please let me know. Very truly yours, Richsrd E. Gibb~f~er Street L~p~in~ & ~lic Works ~r~ti~ Di~s~ pplicable to ~.e ~ ~rice for: Outdoor lighting o£ public streets, highways, parks, parking fields, and ;imilar areas Vhere facilities are ~ed an~ ~ln=ained by 8ore--ri=al a2encies or their franchised c~tricto=~. Se~ice shall be furnished ~ly after ~e ~ecucion of appro~riate a~e~ncs p~vidins for ener~ requir~nC~ and se~lce conneccions. U~eterc~d~ single phase, 60 ~er~z alternating current controlled by ~he customer for ~uek 2o ~a~ ilI~ina~i~ of no mo~ ~an '~222 h~ra per year as def~ned In ~le 3~ of ~he R~s an~ ~'~laci0ns aC a~r~ia~e voltages as desi~ated by ~e ~pany. ' ' ~ ~st~er shal~ provide and ~Cain the Ii.tint facilities, includin~ the c~itS required ~o'~ppl~ ~ ~r~"~ ener~ delive~ points established by ~e a~re~ and ~!1 ~r0vi{e con~Is of a ~e approved by Zhe C~pany. A ll~htin~ ~aclli~y includes l~naies~ p~s~S,' ~pply ci~ui~s and all associa~ed equip~n~ re.red. ate: Cper month) . ~. Ener~ Charge per:Ll~hcing ~lelli~y: $o09~ per ~; Hon~ly ~l~cch~rs are datelined by ~le 3~ o~ ~e Rules ~d C~ec~lon ~arge: - (a) $0.465 per Ener~ Del~ve~ Poin~ ae~lcin~ a ll~cin~ ~ac~li~ supplied ~r~ C~any-o~ed overhead (b) S3.75 per Bner~ Delive~ Poin: se~n~ one or more ~der~r~nd supplied li~clng iictliCies ira C~pany-~ed ~dergro~d circuit. ~1 ~sc AdJus~en~: ~e ~ly kilo~a~hours as dete~ed by Rule ~ of ~e ~les ~d ~la~l~s s~ll~be aubJec~ ~o a [ueI cos~ adjus~en~ as ~plaine~ Increase tn ~es and ~arge~ ~ner~ charses ere increased by ~or se~e S~pplied vi~in ~he ~icipali~ ~ere Zhe ~s~er is ~aki~ se~lce. C~ingency ~ the even~ Rule ~I.3 Baches opera~ive, ~e Ener~ ~ar~e shall decrease by $.009~ p~r ~ ~g the Co.action ~ar~es shall decrease by 10.6 perc~. ~e min~ ~nthly charge shall be the Co~al ~nnec~lon ~ar~es. Date o/ Issue: August 29s 198~ Dace E//ective: Septe~nber ~s I9~ Iasued by John J. l~eetmey, Jr.. $ecretary 250' Old CotmtryRoad, Hineola, order o/Public Service C~nisston dated August 27s 1984s in Case Soo 28553° LONG I~LAND LI~t--t-RNG C;OMP~S~f Tais letter is intended Eo ex~end the t~ ~ c~ of ~ ~ Pt~a~e ~e f~ ~' p~u~ ~ora~s to ~ ~e i~ ~e s~e ~ded ~. ~ rec~p~ of ~ ac~l~g~ a c~ ~1 ~ ~-si~d Ve~f ~iy y~s, Str. ae~ Li~ohr/n~ ~ Public Works Cou~dlrmtion Accepted for: TOWN OF $OUTI~OL.D./,:,'/'// Supervisor S~OUTHOLD TOWN DPW D~ct D~! Number Dear This letter is intended to extend the tenns and conditions of the third Party Attachment Agreement concerning street lighting fa6ilities attachments To utility poles, to include your connection of those facilities to LIL¢O'S secondary mains. -- Please arrange for the proper endorsements to be made in the space provided below. On receipt.of the acknowledgement a copy will be counter-signed by LILCO and returned for your records. Very Truly Yours, ~ ' Street L~g~fl%g and Public ~or'~s · . ed foe: '"' ' "" Approved: ~ OF S!,LITHIO~,.~ PATRICK R. VECCHIO SUPERVISOR Date. d: LONG ISLAND LIC?HTINC-. COMJPAN5 ce~.~szdent September t~, 1984 Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 ~ ~----~-~vg. ~-~-~ax Adder ~t Tax Adder ~ Fixture Original 3.42% 4.30% Unit Rental I~pe Investment as per Agreement PH Units ~ Reflector $ 64.49 $ 2.20 $ 2.77 $ 5.83 ~Jnit A Slobe Ur~it 75.15 2.57 3.23 13.03 LhitB 175W MV Horiz. 118.31 4.05 5.09 17.88 ~Jnit C UG Fed Units Upright Post A 110.10 3.77 4.73 7.94 Mes. Cbl. Supply 115.77 3.96 4.98 9.97 COl. 6 ~ion of COl. 4 plus COl. 5 Applicable for the 1985 Contract year $ 8.60 16.26 22,97 12.67 14.95 4 -85 ~ NOTICE TO ALL STREET AND HIGHWAY LIGHTING CUSTOMERS OCT - 4 On August 27,'1984,the Public Service Commission issued an o~de~ granting a 9.5 percent general increase to become~ef- fectlve SePtember l, 1984. ·. .... The effect of the increase on out Street and Highway Light- ing' Electric Service Classification Nos. 8 and lC is estimated at about. 9.5 percent of the total charges for those services. The attached claim for the month of September 1984 includes the increase, for those accounts served on Electric Service Classifi~c6tion Nos. 8and..lO, If you have any questions in regard to this subject, please call the undersigned direct o~ 733-4760. Richard E, Gibb~l~s~,Manager Street Uighting and Public Works Coordination REClaIM ~ -~' ',~,-"~.- Attachment - Electric Service Classification Nos. 8 and lO September 1984 EXHIBIT B-1 "? ?"" 0 0 ,TO~.CN OF SOb/MOLD RENTAL AG~m~NT DERIVATION OF TAX ADDER TO A~R~JAL R~fAL RATES Co~gutation of tax adder' to street lighting rental rates aPPlicable to A~rit !, 1986. Definitions: Original Cost: The cost used by the New York State Board of Equalization and Assessment in the determination of the assessed value of LILCO's property in public~ streets. Special Franchise Tax: The total of State, .County, Town and School Taxes levied. Special franchise tax Original Cost Average Property Tax: Average Tax Rate: Average Property Tax X 100% (100%' '- gross revenue tax on rentals) ~/m average Property Tax rate, based on th~ 1985 State, County end Town; plus the 1984-85 School tax levies in the Town of Southold is $4.27 per $100. The applicable gross revenue tax is 0.75%. The Average Tax rate 4.27% (average property tax rate) X 100% = 4°30% 100-0.75% (gross revenue tax) The average t~x rate .based on 1975 State, County and Town, plus the 1974-75 school tax levies was $3.42. This was the base tax used in cal~tlation of rental rates for the first year of contract. Example: The 175W mercury OH fixture original cost (investmmnt) $118.31. The t~x portion of the rental rate in Exhibit C for the base year (Orig. cost $118.31) x (Avg. tax rate 83.42 per Sl00) = $4.05 (See Col. 3, Page 2) The current averag.e tax rate based on 1985 State, County and Town, plus the 1984-85 school tax levies mn the T~a of Southold is $4.30 per $100. The portion of the rental rate for the current year (Orig. cost $118.31) x (Avg. tax rate $4.30 per $100) = $5.09 (See Col. 4, Page2) The adjusted rental rate for each category of rental unit is similarly set forth on Page 2 of this Exhibit. 4-85 Street Lighting & Public Works Coordination Division LONG iSLAND LIGHTING COMP, zkNY EAST OLD COUNTRY ROAD · HICKSVILLE, NEW YORK 11801 Direct Dial Number April 1, 1984 RECEPJED A?t 2 Mrs. Judith T. Terry Town of Southold Town Clerk Main Road Southold, NY 11971 Dear Mrs. Terry: The agreement between 'the Town of Southold and LtLCO for the rental of street lights dated April 1, 1976, provides in Paragraph 13 as follows: The tax adder portion of the composite rental rates set forth in paragraph 12 shall be adjusted annually to the extent of the imposition of new er increased taxes by Federal, State, or Municipal governments levied on the facilities, except to the extent contrary to law,' and any reduction in expense to the COMPANY due to reduced taxes shall be reflected as a decrease in the tax 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 1 of each year during the term of this. agreement will be computed not later than March 1 and submitted to the Town as exhibits to become part of the agreement. When the contract was prepared, each annual rental rate included a tax adder based on the property taxes applicable to the average investment for that group of fixtures. The average tax rate used based on 1975 State, County and Town plus the 1974-75 school tax levies in the Town of Southold was $3.42 per $100. It is our intent that billing of street lighting service beginning with April 1, 1984 be adjusted to reflect adjustments as shown through the tabulations based on the difference between the tax portion of the rental rate for the current year and that of the original year of contract. We believe the attachment is self-explanatory at detailing the computation. Should there be any questions, please let me k~ow. Very truly yours, Richard E..G~'d~s-, Manager Street~L~.'gliting & Public Works Coordination Di~sion REG/jk TOWN OF SOUTHOLD RENTAL AGREE~4ENT DERIVATION OF TAX ADDER TO ANNUAL RENTAL RATES · Computation of tax adder to street lighting rental rates applicable to April 11, 1985. Definitions: Original Cost: The cost used by the New York State Board of Equalization and Assessment in the determination of the assessed value of LILCO's property :in public mtreets. 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) The average Property Tax rate, based on the 1984 State, County and Town; plus the 1983-84 School tax levies in the Town of Southotd is $4.34 per $100. The applicable gross revenue tax is 0.75%. The Average Tax rate 4.34% (average property tax rate) X 100% = 4.37% 100-0.75% (gross revenue tax) The average tax rate based on 1975 State, County and Town, plus the 1974-75 school tax levies was $3.42. This was the base tax used in calculation of rental rates for the first year of contract. Example: The 175W mercury OH fixture original cost (investment) $118.31. The tax portion of the rental rate in Exhibit C for the base year (Orig. cost $118.31) x (Avg, tax rate $3.42 per $100) = $4.05 (See Col. 3, Page 2) The current average tax rate based on 1984 State, County and Town, plus the 1983-84 school tax levies in the Town of Southold is $4.37 per $100. The portion of the rental rate for the current year (Orig. cost $118.31) x (Avg. tax rate $4.37 per $100) = $5.17 (See Col. 4, Page2) The adjusted rental rate for each category of rental unit is similarly set forth on Page 2 of this Exhibit. 4-84 Street Lighting & Public Works Coordination Division ~ype TOWN OF SOUTHOLD Col. 2 Col. 3 Col. 4 Col. 5 Unit Avg. Base Tax Adder Current Tax Adder Uniform Original 3.42% 4.37% Unit Rental Investment as per Units ~pen Reflector $ 64.49 ~it A llobe Unit 75.15 Jnit B ~75WMV Horiz. 118.31 Jnit C Fed Units Jpright Post A 110.10 .{es. Cbl. Supply 115.77 Col. 6 Summation of Col. 4 plus Col. 5 Applicabh for the 1984 Contract Year $ 2.20 $ 2.82 $ 5.83 $ 8.65 2.57 3.28 13.03 16.31 4.05 5.17 17.88 23.05 3.77 4.81 7.94 12.75 3,96 5.06 9.97 15.03 3-84 LONG ISLAND LIGHTING COMPANY' April 28, 1976 Honorable Albert ~artocchia Town of Southold 16 South Street Greenport, New York I1944 Dear Supervisor Martocchia= Attached is one copy of a fully executed street light facilities rental agreement between the Town of Southold and the Long Island Lighting Company which represents, the culmination of our efforts over the past year or so, andI wish to thank you personally for your help to me during that period. I also wish to extend our best wishes to the Town for their success in taking on this new venture. Please understand that the Long Island Lighting Company still stands ready to help in any way we can, so do not hesitate, to call me should the need arise. Very truly yours, Richard E. Gibbons, Manager Street Lighting Division REG;eg Attachment AGREEMENT~ made as of the · day of ,!me~, 1976 LON~ ISLAND LIGHTING COMPANY, a New York corporation, ha~ing its principle office at 250 Old Country Road, Mineola, New York, hereinafter called the "COMPANY", and the TOR~q OF SOUThOLD, a municipal corporation having its office at Town Hall, SOUTHOLD, L.I., N.Y. 11971 hereinafter called the "TOWN" WHEREAS, COMPANY owns and operates an electric street lighting system pursuant to proper and valid franchises, which is located, in part, in and om the atreets, highways and public places within the unincorporated areas of the TOWN; WHEREAS, the CO~MPANY and TOWN desire to conclude an arrangement w~ereby the COMPANY will lease the fixtures, and in 'some cases, the as~sociated underground supply cables to the TOWN~ and the TOWN will pro- vide maintenance, therefore; WHEREAS, the factors motivating the parties'include: The desire of the TOWN to arrange an orderly transition from the present method ef pur- chasing complete ill,,m~nation service from COMPANY to one wherein part of the work may be pezformed by the TOWN or its contractors, and B. The desire of the COMPANY to preserve its in- vestment in the fixtures and supply cable, and The desire of both parties t6 increase, insofar as it is practical to do so, 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 mhd conditions containhereln, the parties do covenant andagree 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 posta~ heceinafter referred to as Cable Supply Units. The'locationa of the rental units O.E. and rental posts U.G. are as listed. Units and Cable Supply Units a~e defined as follows: (a) A,Rental Unit O.H. - A is an assembly c~nsisting 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 assoniated adapter and relay when used for group control of a n~mber of re~tai units; .and the wiring from the heel plate of the bracket which i~terconnects the componentsof the complete assembly; a~d the fuse, if any, in the down lead f~om the COM~ANY's secondary mains. (b) A Rental Unit 0.H. - B is s~m~lar 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 fu~e if any, in the do~m lead from the COMPANY's secondary mains. (d) A Rental Unit 0.H. D - Vertical consists~of an 8' bracket; s 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 ma/ns. (e) A Rental Post A, is an assembly consisting of a metal lamp post 10' in height either direct buried br anchored by rods to a concrete base; an upright luminaire with incandescent lamp; the PE control WhetHer in head, in a post receptacle, or remotelymounted at the riser on a wood line pole, and also associated adapter amd relay when used for group oomtrol for a number of lights~ but not the group control conductor; and the wiring from the base of the unit, imcludi~g fuses if any, which interconmects the components of the com~letefix- tare assembly. (f) A Rental'Post B is an assembly consisting of a metal lamp-post frem 18' to~21' in height with a curvedor straight bracket a~m4 or 6' in length; a concrete base. to which, the post is anchoredi a lumiuaire with imcandescent lamp; th9 PE control whather ~ head or at the riser on a wood lime p01e, and also the associated admpter and relay when used f~r'g~oup control fo~ a number of lights, bu~t not the group comtr~! conductor; an~ the wiring from the base ~f the post, including fuses if amy, which interconnects th~ components of the complete fix- tare a.s~emb!y~ A Rental Post B Double has a second bracket~ arm an~ two tumin~i~es. (g) A Cable Supply Unit Low Voltage - Residential is the length of 600V 2/C or 3/C circuit, now existing which energizes a single rental post. This length of cable may extend ~rom COi~PANY's segondary mains overhead on a line pole, in a riser conduit either of plastic or of steel, tQ the base o~ the pole, thence underground to the base of a light post, including ~the~fuse, if any, which exits at the connection to the secondary mains, or it may extend from the ~ase of one energized light post to another; or from a spliced counection in the rnn of cable previously herein describe~, thence extend- ~ng to auother l~ght post; or the length of cab'te from a COMPANY's splice box or manhole where COMPkN~f'~-~istribution feeders are underground to the base of a light ~ost. The terminal points of each of the foregoing types of Cable Supply Units Low Voltage - Residential are shewn in drawings A-1 and ~-2 attached. (a) Ch) SECTION Maintenance of Facilities Ail components of the Rental Units OH and Rental Posts UG as defined in Section t, 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, aw ired-in device, or a mechanically built-in device, is foun~ to be defective and no long- er' operable, t~e TOWN.agrees tn zepla~e it with a component ~hich"has the pZior a~pr~Val of.~a. COMPANY. CO~ ks ~o~por~ents of ~he Re'iai ~it a O~ UG. Cab!e Supply Units Low Voltage-Residential o~ Commercial, shall be maintained and kept in serviceable operating eon~i~iom by the TOWN at its C~xpense. WOrk;n~cessary on a riser on a line pole or in7 repa!r,.~replacement or inspectiOn of the riser, the PE ~ontrot-?an~ssociated relay~ on 1/ne poles, shall be~rforme~w!th special came and a~tention to the facil/~ies bo~ o~ COMPANY an~'~f th~ New York Telephona..C~panF, ~e ~in~ user ~f the p~tes. Techniques a~d m~er~ls ~mp~0yed by the contra?tot for the TOWN, by" mt?rso !, detect,on and repair, of faulty ~Irqu~t ~co~p;o~ehte~hall he subject to prior approval ef COMI~NY~. When it ms in the course of nec~$sa~y~ split h~lt conne~ctors or ]/ght f~ed is connected t~ mains, the devi~e used shall COMPANY'. In the event, Suppl~ Unit is disconnected sS~a~y, then in makmng ins~ll an approved t)~e of not more than 60 amperes; the installed as shown in Dra~ing point of a Cable Supply Unit COM~manhole or s~ be p~rformed by or for box. If a disconnect is nec( as in (c) of this paragraph 3.. to replace street ~econdary at in a rio work is to splice effected -5- (c) If 'to perform maintenance on a C~ble Supply Unit Low Voltage, TOWN requires that sam~. be de-energized by LILCO, Ehere Shall bsa $10,00 cliar§e for such dis- connect; and a similar charge for a re-connect, r, When it is deemed impractical by TOWN to repair a Cable Supply Unit because of exoessive damage or deterioratton~ or because it is not in cozlfo, rmance to applicable codes or governmental regulations, its use may be terminated, and the. Obligations Of TOWN end. COI~PANY with regar'd to it ~t c~as~. It is %u%der~tood TO~j ~ill co,~struct ,a ~ew feed to. supplant the' t~rm~ate~' Cable Supply ,U~it, sa~d feed befqng e~e~;giz~, w~,h~ neeassa~, pu~Suent to ~ ,Separate a~eng for energy supply tO 'street lighting. Each Rental Unit OH or Re~tal Post UE is to remain in service throughout th~ term ,of th~ contract with the ~followlng exceptions: (a) The Rental Unit is found, by ~oint inspe~tion and agreement, to.be in e condition wherein t~ may not be restored to service with reasonable expense or effort; or where component parts needed to restore it are no longer readily available, such'ns a pole- .mounted ballast for a400 watt Rental U~ft ,OH. (c) The Rental Unit is demolished beyond repair-by accident, or the rental unit other than units O~tC, is no longer required by the Town. The Rental Unit OH or the Rental Unit UG is incan- descent and the TOWN desires i~s removal so that a TOWN owned light fixture with a high intensity dis- charge lamp may be installed in its place; or when a mercury unit other than Rental Units OH C or Remtal Posts UG C is to be removed and replaced by a TOWN owned unit with a high intensity discharge lamp of greater lumen output, Upon removal of the Rental Unit OH or Rental Posts UG for any of the aforementioned reasons, all future obligations with regard to such fixtures shall cease. It is understood that replacement of a removed Rental Unit OH by a TOWN owned or contractor owned light fixture is contingent upon the owner of-the new fixture first ~aving made an attachment agreement with the owner of the pole whether it be owned by COI~PANY or the New York Telephone Company. When use of Rental Unit OH or a Rental Post is to be terminated pursuant to this paragraph, COMPANY 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 notice, if termination ia in accordance width c. If for any reason the COMPANY has not removed the fad/lities within the defined time limits, the TOWN-~%rlll n~tify the COMPANY of its desire to remove the faci~i~ties in qu~tion and obi&in the COM~AR~f's p~rmis~ton t~ do so. ' On or before the effective date of this agreement, or at the incep~ion 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 'Pos'ts UG and Cable Supply Un/ts as provided for in this section. Should it he necessary from time to time to introduce parts amd devices not previously app~oved by the COMPANY, s~.ch parts and devices shall be submitted for approval prior to i~stal!at{on~ Shifting of Rental Pmsts-UG because of private demands or because of works'by Public authorities shall-be performed hy the TOWN at its expense. A~y extension or, rented Cable Supply Units Low Voltage required by such shifts,, or shorten- ing them, shall be performed by TOWN 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, shall be performed by the TOWN, at its expense. In the event a rented Cable Supply U~ic is to be lengthened, or extended, to energize new TOWN owned lamp .poSts, the extension shall be installed by the TOWN and spliced to the existing rented cable supply. Techniques and~materials employed in m~ing the spliced connection shall be subject to prior approval by COMP. 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 CO}~ANY in its primary obligation to eupply electric service to its customers, COMPAN~ shall verbally notify TOWN with confirmation in writing within two days. Shoald TOWN fail to correct the condition within 24 hours, COMPANY will make necessary repairs; and TOWN agrees to reimburse CO}~ANY for its reasonable costs in sold©lng. 8. TOWN'or mrs contractor shall,se~mce andmaintain ~ ~ the rented facilities in accordance!witH the requirements and ~e~fications. of the National Electric Safety Code~ md in compli~ce with any rules or orders now in effect or ~at hereafter may he issued by the Pubic 8e~ice Co~ission of the State of New York. 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 factors without first receiving perm~,ssion from COMPANY's Supervising Service Operator. A~ al! timss~ the TOWN s agents or employees . s~al~ s~d aside amid ~ot hin~e,~, or ~n a~y w~y ,interfere wlt~ the ~emplqyess or agents ~f cOM~ANY or o~ t~e ~0int us~r in ~z p~rfo~ce' of W~ on p,olgs or:ii~s. ~c~'~o~s~ w~re ~nted ~b~ Sup~ Un&ts are co~ected. 10. COMPANY may inspect, at any tim~, the operatipns of the TOWN in the vicinity o~ its, poles and facilities; and in the even~ the rules specifications and r~quirements of safe operation, as set forth in paragraphs 8 ~nd 9 are not, i~ the view of COMPAny, being observed, ~he TOWN shall,, upon demand, cease its operations u~ti% there is mutual agreement with respect to procedures to be fallowed. 11. In the avant of a pole shift or pole replacement an attached Rental Unit OH shall be relocated to the new pole by COMPANY at no cost to the TOWN. Ail relocatfons requested by the TOrN'shall be performed 5y coMPANY an~'~'.the TOWN shall reimburse COMPANY therefore, on..a time and material basis. Where a.Rental OH must be shifted to preserve clearance from New York Telephone facilities, either existing or to be constructed, COMPANY wii1 shift the fixture at no expense to the TOWN. SECTION III Rental Rates & Charges; Purchase Provisions 12. Rental Rates and tax adders applicable until April 1~ 1976,' for units described in Paragraph 2 shall be: OH FiXtures .© Equipment Tax Composite Rental Adder . .Rental Rate Rental UniCA' $ 5.83 2.20 Rental Unit B 13.03 2,57. Rental Unit C 17.88 .4.05 Rental Unit D Vertical 19.54 3.85 Quantity $ 8.03 855 15.60 25 21.93' 259 23.39 251 UG Ped Posts Rental Post A 7.94 3.77 RentmlPost~B 13.03 18.48 Cable Supply Unit LewVoltage Residential 9.97 3.96 11.71 3i.51 13,93 3 13, 14. The tax adder portion of the composite ren~,l rates set forth in paragraph 12 shall be adjusted annually to the extent of the imposition of new or increased taxes by Federal, State, or blunicipal governments levied on th~ facilities, except to the extent contrary co law, and any reduction in expense co the COMPANY due to reduced taxes shall be reflected as a decrease in the tax adder portion of the composite rental rates. The development of the tax adder portion of the composite rencai rates set forth zn paragraph 12 is demonstrated iu Exhibit B-1 attached. Incremental adjustments effective on~Aprili of each year during the term of this agreement will be computed* not later than P~rch 1 and submitted to the TOWN as exhibits to become part o~he agreement. The COMPAN~f shall continue to own the rental units remaining in service through- out the term of this agreement, It is agreed, however~ 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 to the Public Service: Commission's approval, SECTION IV Liability, Damages and Insurance The TOWN assumes all responsibility for damage, through its operations or those of its agents or contractors, to facilii~es of COMPANY or the joint user of its poles and agrees to reimburse COMPA~Y and the joint user for any such damage. The T0~,~ shall promptlyadvise the Manager of COMPA~\~f's Claims Department of ail cia~-ms relating to damage to property or injury to or 16. death of perseus, arising or allegedi~to .~ave arisen in any manner by, or directly or indirectly associated with any work performed by 'the TOWN, its agents or contractor here-' under. Copies of all accident or other reports made to any insurer by the TOWN shall he furnished to COMPA19Y. It is understood th~t licensed attachments of community antenna companie~may exist, or be installed, on line poles of New York T~lephone Company or LILCO where rented Cable Supp~ly Units are terminated and COMPAkVf shall ts no extent ~ye l~able/for damage to these facilities which are ~caused TOWN or its ~gents. The TOWN shall indemnify, protect and save harmless the COMP~Pf and the joint user of said poles and far-ilities from and .against a~y and all loss, liability, damages and expense a~ising ou~ of any demand, claim, suit or Judgment for dam~s ~o property or injury to or daath~.:of persons, im¢lud'Ing th~ officers, agents and e~plo,yeeM :~f either party ~nd the jb~ user hereto, and including payment made undef ~ny Workm~n's Compensation Law or under'any pl~ for em~ploye~' disability and death benefits, which may arise ot~t of or be ca,sad by TOWN's use of the Rental Units hereunder, or by the proximity of the cables~ wires, appa. rat~s'and appliances of COMPANY or tbs joint user of said pob~s, or ar~i~g ou~t of any Act or 0mission or alleged' ~ct or on~ission of the TOWN. 'The provision of this p~ragraph shall apply'~ irrespec.tive of 'any fault, f~ure~ ~e..g!ig~n~ ~r alleged negliger~ca on the part of the COM~A~f arising by. operation of law solely by reason of th~ COMPANY's ownership of said poles and facilities. It is understood that neither by inspection, nor rejection, nor in any othe~ way, shall COMPAI~Y.be deemed to give any warranty, express or implied~ as to the adequacy, safety, or otheM Characteristic of any structures, equipment or facilities which are rented pursuant to this agreement, or to which any segment or part of any of the Rental Units are attached or connected. 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 anda!l actions, Judgments, costs, expenses and liabilities of every name and nature which may arise or result, directly, or indirectly, from 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 s~tatntory 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 agreememt, acceptable to CO~IPANY, for the follo~rlug ri~ks a~d to the extent shpwn, and shall file Certificates ~f Insurance or ' original pg!icie's with COMPANY when requi¥,e~ ,. providing snct~ cov~3~age · (a) Workme~'s Compensation, as required by /~w. Co) Comprehensive Public Liability, including contractual liability, with minimum limits of: (c) (I) $500,000 for bodil~ injury (II) $500,000 for property damage Protective Liability Policy issued i~ the name of and covering the liability of Long Island Lighting Company and joint user with respect to all 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. - il - 18. 19. 20. SECTION V peneral Proyisions' ~The term of this aKree~ent shall be five years frQm the date it is e~cuted b? th~ Tnw~. COMPANY reserves to itself, its successors and assigns, and to the joint user, the right to maintain it~ poles and 'underground facilities, and to operate'~ts equipment, in such manner as will best enable it and them to fulfill their p~bl/c service' requirements. Neither COMPANY nor ~b~ jo/~ user shall be liable to t~q'TOWN (amd the TOWN sh~ i~demify, protect and save h~mless COMPANY and ~h~fjOint usa~ agkin~tlan~ $~ch clai~?m~') for an~ interruption of t~ se ~z~ to~ the T~WN~ or for ~terfe~ance~with, a~. ~orma,lity~l~, t~ operation of t~e w~_re~, brackets, l~[res,~ ~us~$ a~i othe~r ~pliance~ ar ~ts%R~ in ~ ~manner w]~a~er~~ 6~ for any oth~r damage p~fe~ed ~ t~¢. or o~s., .~th~r orno~ any such ~r~:~,. f~erferenee or dam~e ~ '~aused hy ~he neglige~, mi~u~a~ ~ breach User~ br o~ ,a~n~S of employees of,~f~%~ O~ the qt{em2i~l~m~s hereunff~. The joint user, whore referred to in this agreement, is the ~ew Yo~k~Telephone Company with which COMPANY has an agree- ~nt f~r joi~t use of poles supporting overhead distribution lines. I~ is understood by TOWN that some risers (that portion of a Cable Supply Unit attached to a line pole y~as from Point A to the g~ound line) are attached to poles owned by New York Tele~hpne Company; such attachments being pursuant to an agreement between LILCO and the New York Telephone Company for ~oint use of poles, dated 1/1/69. TOWN AGREES that prior to performing maintenancework on 'such risers)appropriate arrangements shall be made between the TOWN and NYTEL. At some locations one or more Rental Posts are group controlled, the Cable Supply Units feeding them being connected to a lamp feed conductor on COMPANY's line poles. It is understood and agreed COMPANY may, from time to time, elect to remove such conductors from its poles. In such an event, COMPANY shall re-connect the Cable Supply Unit to its secondary mains and TOWN agrees it will add to each Rental Pest connected thereto an individual PE control. 22. 24. 26. 27. If, in any electric rate proceeding before the New York State Public Service Commission, said Commission shall, in determin- ing the COMPANY's revenue requiremants~ impute additional revenues or delete expenses by reason of any deficiency or alleged deficiency in revenues provided' for U~der this agree- ment, the COMPJ~NY may terminate ,this,agreement'upon 120 days written notice. ~k~r~her, in the evemt-that a ~mriff is filed with~he Pubiic Service Commission of the State of New York cowering any aspect of this agreement, then the terms of that tariff shall supersede this agreement. ~either p~y shall in ar~y way assign, transfer, ~blet or encumber tbis agre~ment~ nor any of the p~wileges h~reby granted to ~,t (eXCep~ by operation ~f lay~}, ~ithout the prior written, qo~nt,~' th~ o~h~r. S~b~act ~ t~ for~oimg, ho~er, ~s ~ement shall ~t~ to amd ~i=a s~ccessors ~d assi~s of ~he pa~ties ~ereto, Failure df ~ither party to enforce er insist ~pon compliance with any of the terms of conditions of this agreement, shall not eons~itute a general waiver or relinquishment of any such terms~or conditions, but the same shall be and remain at all ti~es in full force and effect. This agreement constitute~ the entire agreement for the rental of street light fixtures an~ facilities as defined herein, and is donditioned upon associated contracts for energy and its delivery between the~ parties, ~nd it may not be modified or amended, nor may any obligation of either party be changed or diseharged, except in writing signed by the duly ~au~horized officer or agent of both parties. In the event the leasing by the TOWN of'facilities con- templated herei~ is determined ~o he without the authority and power of the TOWN by a court of competentjurisdiction~ the agreement is automatically nnltand void.~ ~×ty daym prior to the eXPiration of this agreement~ TOWN and CO}~ANY may agree to a new ten-year rental contract with the rental prices.being not tess than those herein, but possibly greater; but 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 terumo Except where otherwise specified, any notice to be given to COMPANY under this agreement shall be by certified mail and sent to: Long Island Lighting Company Attn: Manager of Street Lighting Division 250 Old Country Road Mtneo~a, New York 11501 ._,~ Any notice to be given to the TOWN under this agreement shall be sent bf certified mail to: Southold Town Clerk Main Road Southold, New York'l1971 Any such notice shall be effective inm~ediately, 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 subordiuate in an indenture of Mortgage and Deed of Trust dated as of September 1, 1951, supplemented and modified by sixteen suppIemental indentures, by and between the COMPANY and First National City Bank (formerly City Bank (formerlyCity 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 he duly executed on the day and year first above wri~teno AZ~EST: TOWN O~ S~U~HOLD ~ -- Tow~ Clerk FORM APPROVED: By Town Attorney ATTEST: Assistant Secretary LONG ISLAND LIGH~N~ COMPANY By Lov~ VOt..~'AG E Drawing A~2 Ezhibit B 1 TOWN OF SOUTHOLD ion of ~ax adder to street lighting rental ?ares applicable to April 1, Definitions: Original Cost: The cost used by the New York State Board of Equalization and Assessment in the determimation of the.assessed value 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: A~erage Property Tax x 100% (100% - gross revenue tax om rentals) The a~erage 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 100% 100-0.75% (gross revenue tax7 = 3.42% LfSh s 3.39% (average property tax rate) x Rental Unit A Incamdescent - Open Reflector (original cost $64.49) x (average tax rate 3.42%) = $2.20 Rental 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 t-ax rate 3.42%) = $4.05 T~'t ." ~: ;) (~;r'T~:in,'~..~. ,:'o~t.: $L).2.~9) X (aYera~ t~× rate 3.42%-- $3.85 Lights ~nd Facilities Rental Post A 10' upright w/globe - incandescent (original cost $110.10) x (average tax rate 3.42%) = $3.77 Remtal Post B Double (original ~ost $540.33) x (average tax rate 3.42%) = $18.48 Cable Supply Umit - Low Voltage - Residential (original cest $115.77) x (average tax rate 3.42%) = $3.96 Cable Supply Umit - Low Voltage - Commercial (original cost $2t4.51) x (average tax rate 3.42%) = $7.33 January 1976 O ©- ~g~t 1976 · AGREe, executed the ~ ~ day of~, end effective the ~ ~ ~ t ~ between day of ISLAND L~HTING COMPANY, a New York egrporation, having its principal office at !50 Old Country Road, }~ueola, New York, hereinafter called the "Licensor," amd on behalf of the and the Supervisor TOWN OF SOUTHOLD , a municipal corporation acting for ....... h~ving its principal office at Town Hall, Southold, Long [stand. New/fork 11971. h~reinafter called the "LICENSEE," WHEREAS, the Licemsee represents that it desires to install in the public streets of the Town of Southold e public street and roadway lighting ~ystem · which trw ill maintain; and ~ WHEREAS, the Licensor is unwilling to grant unrestricted rights to the - Licensee or to others to make attachments to the Licensor's poles because such attach- uz_. ments may'adversely affect and interfere with the Licensor's and other public utility operations; and WHEt~EAS, 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 its electric busi- ness; and WHEREAS, the Licensee recognizes the position of the Licensor 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 parties hereto do hereby convenant and agree as follows: ARTICLE I GENERAL AGREEMENTS Section 1. The Licensor agrees that it will issue licenses to the Licensee to permit the Licensee to attach and connect its equipment used in its public s~reec 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 agrgement~ The Licensor shall be under no obligation to grant any license, or if a license has already been granted, may cancel any such license on ',',~ys' wri::ten rfc~ Ice, Where, in the Licensor's sole judgment, such attachments -Jen;?;cti~nw" ?.ay tn'~e:'£ere in any way with the Licensor's own service requirements !:,"l~: serv'/c,'~ rec~'irc'm~.,l~ of the joint user or may iuvolve hazardous conditions, or · -.'n ot~,~' w:.~f he t.:~su'.'tab!e or inadvisable on the pole or poles involved. Without the generality of. the foregoing, the Licensor shall have th'e u~limited right its sole discretion to refuse a license for any pole or facilities as to' which it already granted a license to another company other th~n a ~Oin~ user. Section 2. The Licensee agrees that it will use its facilities attached and connected to the Licensor's poles and facilities solely for public street and roadway lighting purposes. The Licensor shall have the right to terminate this agree- ..ment on thirty days' notice to the Licensee if in the Licensor's ~udgment the Licensee is using the poles and facilities for some purpose other than public street and roadway lighting or has announced plans which Will have tha~ effect, and nodelay of the Licensor in acting pursuant to this provision shall be a bar t~ the Lic~ensor's exercise of its right so to terminate the agreement. Section 3. The Licensee shall have no right to attach to any pole or facilities of the Licensor until a specific license is granted as to that pole or facility. No use, however extended, of the Licensor's poles.or facilities under this agreement shall create or vest in the Licensee any 0wnershlpor property right' in said poles or facilities, but the Lieensee's rights therein shall.be and remain~a mere license. Nothing in this agreement or elsewhere shall give the Licensee any exclusive right to the use of the Licensor's poles or facilities for any purpose~ and the Licensor shall ha free at any time, if it so desires, to gra~ attachment and connection rights to others. Nothing herein contained shall be construed as affecting the rights o~ privi- leges previously conferred by the Licensor, by contract or otherwise, to others to use amy poles or facilities covered by this agree~ent~ and the Licensor shall have the right to continue and extend such rig-hts or privileges. The attacr~ent and connectibn privi- leges herein granted shall at all times be sub3ect to such c~ntracts and arrangements. Nothing herein contained shall be construed to compel the Li~ensor to maintain any of its poles or facilities for a period longler th~m is necessary for its own~e~vice re- quirements. Sectien 4. The area covered by. this agreement shall be: The entire territory of the Town of Southold, exclusive of Fishers Island and areas presently served by the VillaEe of Greenport. Section 5. The poles and facilities of the Licensor included in this ___~greement shall ~e only such poles and facilities, within the area described iu Section 4 of this Article, with respect to which the Licensor has the power and privi- lege of granting licenses. Where the Licensor may grant 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 ~he Licensor in order to obtain such consent. Section 6. The joint user covered in this agreement is the NE~~ YORK TELEPHONE COMPANY. 3 .'" '. ARTICLE II LICENSES AND ~KE-READY WORK .i ~ $,~ction I. The Lice,nsec expressly reco§;lizes that the Licensor's poles £aciili~i:,,.~ arl~ u:~d ~,.r~d are to continue to he used primarily for the Licensor's ___._'~r,~o,~e~ a~:d for thc ;,urposes of the joint user, that .the Licensee's use will be · '--:- ;:se~:o.~ ,ry, a :d t~.at t n~ a:~re~ cut ms made as .an accommodation to the Licensee. The ~%~mcensee acuorazngly agrees expressly that mt will Day, as addltional rentals under ~_thls agreement, all the costs incurred by the Lmcansor or by the 3Olnt user in con- --~.u~ection with any work performed by the Licensor or by' such joint user in order to --_~ ~rrovide or maintain space on any pole or facility for the Lidensee's attachments and --:.~=Onnections, and any other costs incurred by the LieenSor or =he joint us,er, arising -.---n out of this agreement, as hereinafter provided. Section 2. Whenever the Licensee wishes a license to attach or connect --. to any of the Licensor's poles or facilities, it shall make a written applieatio~ .... _ therefore, in duplicate, on the form, a copy of which' is appended to this agreement --_ as Exhibit A. The Licensee shall spedify the location of the poles or facilities in- -_ volved and shall specify what facilities it wishes to attanh or connect to each pole or facility, and the manner of attachment or connection. Section 3. The Licensor shall make appropriate sur~eys of such poles and facilities in consultation with the joint user and if the Licensee shall so desire, wi~h the Licensee's representatives. The Licensor shall deteI/aine, amon~ other things, -'whether pursuant, to Article I hereof, such poles or facilities are available for the u___ Licensee's attachments, and whether, in order to accommodate the attachments or con- sections of the Licensee, any rearrangements or changes are necessary in.the facilities of the Licensor or of the }oint 'user or of others with attachment rights, whether any poles require strengthening (guying and anchoring), and wh~h~r any poles require re- ~;--. placement by taller or stronger poles, all such work and oth~r wor~ required in con- - ne=ties therewith being sometimes hereinafter referred to as %'make-ready work". The ~-~L~. Licensor shall notify the Licensee as to which of such poles and facilities are avail- -- able for the Licensee's attachments, as to. the exact location.~on the poles available or which will be available for the Licensee's ateachments aDfd'~as to the make-ready work required to be performed in order to accommodate the Licensee"s attacb~nents, to- il__ gather with an estimate of the cost of such .make-r~a~y work. Upon request of the Licensee, the Licensor shall permit the Licensee t~ review:the work prints, together with available supporting costing details, in prde~ that the ~iaens.ee may satisfy it- self as to the make-ready work contemplated and the costs estimated by the Licensor. The Licensor agrees to consider any objections made by the Licer~.ee, but the final decision.as to the necessity for the make-ready work and as t6 the est/mate of cost sh~ll be the Licensor's. Section 4, The application referred to in Section~2 of this ARTICLE I! shall be deemed withdrawn except to the extent that~it be confirmed by the Licensee in writin§ within thirty days after the Licensor notified the Licensee of the estimabe of make-ready work. In any event the Licensee shall pay to the Licensor the costs of mak- inE the survey and of mak/ng any estimates referred to in this ARTICLE, such payments to be made within thirty days of the date Of the bill for such costs. To the extent . that the Licensee confirms its application the Licensor shall proceed with the make- . , .4..~: .~ .... D c*cL L? t,., availab~lity of the necessary material, equmpment and labor ..'"',',~. '' .g ~.. nr~r:,~re w~th the servmce requirements of the Lzcensor and 3omnt user. · '~· "~: ' 2..A"e,'in~ o~ ti'e -~;:ke-ready work the LicenSor shall submit a bill therefore wzth ~lm.n thirty days of the date of .the b~ll. ~ '~ tie,: 5. [;pon completion of the make-ready work ,as to any poles or fa- . ~"-~ ~,.,. ~' , lice;~r ~v~lI ~rant lzcenses wmth respect to such poles or facmlzt~es ~y returning a copy of the applicatzo~, suxtahly eBdors.ed tO. ~speelfy the poles.gnd ~}~.facilities as to which licenses are gra~ted. If a bill for ~k.e~ready .work remains ~<' Unpaid 60 days after its da~e~ licenses On ail poles and facilit~s to which the make- --~ ready work was related shall be thereafter subject to cancellation b~ the Licensor on one dayts notice. Section 6. Under mo circumstances shall the Licensee be entitled to any specification of costs in any' detail apert from the items and:.amonntsfound in the Licensor's usual amd exist/rig books amd records, eby specifically waives its rights, if any, to any further specification or including, without limitation, any such right or r/~h.ts as the Licensee may have in any legal proceedings. Section 7. If, .in the Licensor's judgment, after .the granting of any license to the Licensee, the service needs of the Licensor or:the joint user or the additibn of the equipmeat of any other licensed party to a po.lc,~ poles, or~ to under- ground facilities, or the replacement of a pole or poles, require the moving of the Licensee's facilities o~ any modif ication in the Licensee's plant, the Licensee agrees to make such changes at its own expense within thirty days after the Licensor sends a notice to such effect. If in the Licensor's judgment, such service needs require modi- fications in the Licensor's plant or in the plant of the joint user, including, with- out limiting the generality of the foregoing, the replacement of a pole or pqies, and if such modifications would not be necessary except for the Licensee's occupamcy of space on the poles~ the Licensee agrees that such modifications shall be additional make-ready work under this agreement an~ that the Licensee Shall PaY for t~e cos[ of work mn accordance wmth the prov~s~zons of SectmDns 1 to 7, such additional make-ready ~ ..... inclusive, of this ARTICLE II, and that the ownershmp of the ~eplacement pole shall remain ~ith the owner of the replaced pole. In the event that a licensed party other ~han the joint ~ser also has or have equipment attached to t, he ~pole or poles, the cost of such additional make-ready work shall be apportioned among ~he Licensee and the other licensed party in equal proportions as determined by the 'iLicensor. In the even~ of the Licensee's failure to comply with any request, made by the Licensor under this Section, the Licensor shall have the option to.cancel en ~if~een days; written notice the Licensee's license with respect to any pole affec~ex~ by ~he Licensee's failure. Section 8. At the request of the Licensor, or of .the joint user, Licensee shall promptly perform any make-ready work necessary on Licensee's fixtures, equip- ment and facilities to accommodate other Licensees on the p~les. Licensee shall be entitled to reimbursement by such other Licensees for any expense incurred by ~it in performing such make-ready work and may demand reasonable security from them f~or such reimbursement. Licensor shall not be liable for any such expemse. If the Licensee fails to perform such make-ready work promptly, Li~ensor shall Aave the right to cancel Licensee's license with respe=t to any pole affected or to perform the make- ~eady work and charge Licensee. w." '?:: .'::" :'' : c'~rtJcr, -9. As U%~d in this ARTICLE II, costs of m~ake-ready work shall be .:. ~ ,~ o~-~4r~. -v tile ~0~c¢lsor ~a~d shall mnclude the costs of all materials~ s~plles~ ' ,',~z~.4.~.,-,..~ ];ii, Or (LnCIu~ overt~e and board and. lodging, ~here necessary to meet ~'~,.'~-e L,~:e's r~,~u~rc,.,en~s)~, supe~s~on, transportatzon~ taxes, g~eral overh~ds ~--~':-~ ~a'~fOZT~ Sy 'L~' of ACCO::T~ applic~le to ~e L~c~nsor as p~escr~ed b~ ~h~ Public ~e~ice of ,the of New Yo~. With to the ~eplac~ent of Co~issmon S%ag~e respect ~les, the 5osts shall be ~!med by.the Lite.or ~d shall in~ud~ th,e total costs ~ ~ of the ne~ pole, or r~ov~ of the old pole, of all transferri~ of the Lmcansor s ~u ~nd any joint user's attackers from the old to the new pole a~d such other costs, ---_~ if any, necessitated by the L~ce~e~'s req~r~mts, all as d~n~ ~ove, less the - ~otal of salvage, if any~ ~d ~e cost of s~h portion of the ~ pole, ~ amy which ~ represents space reserved f~ the use of the Licensor o= a j~t user~ grater tha~ ~. Lthat provided for on the o~d' polez ~ the Licensor plans use of such ~raat~ space. ARTICLE III RENTA~_.S, RATES & CHARGES -- Section 1. The Licensee shall pay rentals to the~icensor in respect of .... l~censes for attachments to poles covered by this agreement at $5.00 per y~ar per - fixture attached from the date of attachment, billed on a monthly basis, and pro- _.ua rated on a per diem basis for new installation or removals. Section 2. In the event that the licensor cancelsany license or licenses · . for reasons other than the Licensee's default, the Licensee shall be entitled to a p=o rata refund of rentals already paid° ARTICLEIV LICENSEE'S ATTACHMENTS &-CONNECTIONS. Section t. The Licensee, at its own cost and expense, shall construct. --- maintain, and replace its attachments ar~ connections on the.Licensor's poles and _~ .... facilities in accordance with the requirements and specifications of the National -- ElectriCal Safety Code, Sixth Edition, in compliance with anyrules or orders mow ~ in effect or that hereafter may be issued by the Public Service Commission or other ~ authority having ~urisdiction, and all of the ru~es and regulations of the Licensor, __ as all of the aforementioned may be amended and revised from time to time. 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 govern. Section 2. The Licensee shall, at its own cost and expense, maintain all _~ of its attachments and connections on the Licensor's poles and facilities in safe condition and in thorough repair. All 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 ~he contrary notwithstanding, at no time is Licensee r__ authorized to permit any of 'its employees, agents, servants, or contractors to climb Licensor's poles. A~ work on poles or on attachments to poles is to be per- by men operating fro~ iadder trucks or bucket t~ucks. No work shall be done Licensee when there: .is reason to suspect that working cenditions on .the pole ~e hazardous as the reset of weather or other conditions without first re~eiving fram the Licensor's Supervising Service Operator. All attachments and :tions shall be made by the Licensee im accordance witt~ Exhibit C, attached and made a part her~-~f. The Licensee agrees to comply with 'the specifications the Exhibit attached h~reto, as revised or a~ded from tS-me- to time by the Licensor. all times Licensee's ag.e~ts a~d employees shall stand as;ide and mot hinder or in way interfere with. the~ployees o.r agents of LiCensor who! ~re performing o~r are to perform work on po~s or lines, overhead or nn~e~grouh~, to correct any con- ion which, in Licensor's' judgmen~ has caused or may reaso~ly be expec~ted to cause interruption of service or H~Zard to the public or property. Section 3. The Licensee shall exercise sp~ciaI precautions to avoid dmmage to facilities of the Licensor, of the other joint user, and o$ others licensed to occupy space on poles, a~d hereby assumes all responsibility for any and all loss ~rom such damage. TheLieensee hereby agrees to reimburse the Licensor or other owaer of the property damaged for the expense i~curred in making repairs-. The Licensee shall promptly advise the Licensor's Manager of Clm~s Dapartm,e~t of all claims relating to damage to property or ins~ury to or death of persons, az~sin~ or alleged to .have arisen in any manner by, or directly or indirectly asso~iaC~d with,~;~h~ erection, maimtenance presence, use or removal of ~he Lioensee's equipment. Copie~Lof all accid%nt or other reports made to any insurer By the Licensee shall ba 'furnishe~to the Licensor. Section 4. The Licensee shall not at any time make any additions to or changes in, the.location of its attachments or connection-s on. the poles and facilities covered by this agreement without the written consent of the Licensor, except in cases of amerg~ncy after oral permission shall have been obtained from the Licensor's MANA- GER OF STREET LIGHTING, such peTmissiou to be subsequently requested and confirmed in writing. Section 5. The Licensor may inspect each new installation of the Licensee on its p~les and facilities and in the vicinity of its lines:or appliances and make per~dic inspections of the~entire plant of the Licensee as conditions may warrant. Where any inspection reveals conditions which warrant reinspection to insure that the c~adition is corrected, the cost of the reinspection shall, upon demand, be born by t~e Licensee at a ~ximum charge to the Licensee of $7 pem reinspection. Such inspections shall not operate to relieve the Licensee of any~xesponsibility, obliga- tiom er liability assumed under this' agreement. Section 6. Upon notice from the Licensor to the Licensee that the use of any poles or facilities is forbidden by Federal, state or local 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 he removed at once from the affected poles or facilities by the Licensee. Section 7. The Licensor reserves to itself, its successors and assigns, and to the joint user the right to maintain its poles and u~derground 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 ~oint user shall be liable ~ the Licensee (and the Ll~ee s. all indemnify, protect an save'harmless the sKy Licensor and the joint user'~gainst any such claims) for mT interruption to the ~ ser~ce of the Licensee, Or ~or interference With~, or aH abnormality in the opera- ~ tion of the wires, brackets,~ tuminaires, fuses and other appliances of the Licensee arisin~ in any manner whatso~er, or for any'other damaEe suffered by the Licensee or others, w~ether or not.a~ such znterruptlon, in~'~ference or d~age ~s caused by the negligence or miscon~ct of the Licensor or of jD~t ~sers or of agent~ or employees of the Licensor or jolt users. The Licensee specifically waiv~ any claim for co~equential d~es. ~ Section 8. The Licensee shall hereafter construct, maintain and replace all its plant used in conjur~ction 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 conformit3 with the technical standards set out in this ARTICLE IV, and the Licensee shall, wherever and as soon as practicable, conform its existing · plant to such s~andards. Section 9. When s pole to which a light fixture is attached is to be re- placed or relocated, L'icensor will disconnect and detach Licensee's fixture, 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 de~med 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 (i0) days of the notice date. For the tying or removal of Licensee's fixture in the manner here described there shall be a charge to Licensee of $10.00. ARTICLE V LIABILITY, DAM~AGES & INSURANCE Section 1. The Licensee shall indemnify, protect and save harmless the Licensor and the joint user of said poles and facilities from and against any ~nd ali loss, liability, damages and expense arising out of any demand, claim, suit or judgment for damages 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 made under any Workmem's Compensation Law or under any plan for employees' disabilityand death benefits~ which may arise out 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 poles, 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 the joint user of said poles and facilities. Section 2. The Licensee shall carry insurance at its sole cost and ex- pense, to protect the parties hereto and joint users in respect of the Licensee's liabiiity for indemnification under ARTICLE V~ Section 1, of this agreement, and from and against any and all claims and demands and from and against any and all actions, judgmm~ts, costs, expanses and liabilities of every name andnature 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 herehnder and irrespective of any fault, life ~f this agreement, agceptable to the Company for the following risks and to the extent shown and shall file Certificates of Insurance or original policies when required, providing sBch coverage. (a) Workmen's Compensation, as required by law. Comprehensive Public Liability including contractual liability with minimum limits of: (~) '$500,000 for bodily injury (ii) $500~000 for property damage Protective Liability policy issued in the-nmme of and coverir~ the liability of Long Island Lighting Company and the,joint user with respect 'to all liability, arising out of' Or be caused~by.the erection, installation, mainte- nance> ~res~nce, use or removalbf street lighting facili- ties as provided nnder this agreement im the minimum limits of: (i) $500,000 for bodily injury (ii) $500,000 for property damage -% Ail Certificates issued in support of the above requirements must carry positive statuments that the specific coverages requested are provided. The Indemnification Agreement or Hold Harmless Clause, insured by contractual liability shall he identified and its language typed on the reverse side of the Certificate. Certificates. end/or policies mhall provide that coverage may not be cancelled or changed without 30 days' prior notice to the Licensor. ARTICLE VI SECURITY, DEFAULT & REMEDIES FOR FAILURE TO PERFORM Section 1. If the Licensee shall fail to pay the sums due under this agree- merit, or fails to furnish or continue in force the insurance required by ARTICLE V, Section 2, the Licensor shall have the right forthwith to terminate the agreement. In addition to this vight and to the Licensor's rights of termination, as mentioned specifically in other provisions of this agreement, if the Licensee shall default in an~ other respect in performing any action required under this agreement, the Licensor shall have the right to terminate the agreement or to cancel any particular licenses affected upon the expiration of 30 days after written notice of the default has been given to the Licensee, provided that the default has not been cleared within that time. Any termination shall be effective immediately upon the Licensor's mailing the notice of termination. Termination of this agreement shall not release the Licensee from any liability or obligation under the agreement. Section 2. Upon termination of this agreement, or cancellation of any licenses, the L$censee shall.remove its attachments from en~ poles affected within 30 days after the effective date of the termination. Section 3. In the event' that the Licensee:i'~hall fall to make any change in its plant required by the Licensor or shall fail to remo~e any attachments or con- nections upon cancellation of any license or upon termination of this agreement, the Licensor or j~otnt user shall have the right itself or themselves to make Such changes or effect such removals. In c~se of emergency or service needs of the Licensor or Joint user,othe LiCensor or the joint user may perform such work without notice to the Licensee-or upon such notice as the 'Licensor or the joint user deems reasonable in the circumstances. The Licensee shall pay all the costs of am3 such work performed by the 5iceh$or or joint ~ser~; costs to be determined~ in accordance with~ AI~TICLE II, Sect=o~ 9 of thls agreene~t. The b~ll for such costs shall he payable wmtkin s~xty days ~f*~r its ~e and sh~tl, be regarded as make-~y ¢os~ts. Im~ the await that the Licen~- =~ved' ~e' equiI~ent of the Licensee as r~q~i~e~ by the Licenso~. ~pen oa%%ce!- !atio~!'"~lt~r~ina~io~ of ~g~eement and in doing so f~il~ to tease ~be equ,ip~ 'erst ~ef the for t~~ restorable. In the event that th~ Lic~sor r~o~ a~ of the Amce~ .~ ~e~t fr~m ~he Lzc~sor s poles pursu~n~ to. this S~t~, tke Lla~nsor may h~ ~, e~pment ~ $~ur~ty for the pa~t of ~y s~s due u~ ~is agree ant ~ ma~ se~t smeh eq~t at a Public or prmv~te sale without n~tlce to the Lzceg~ er ~y t~ s~ah ~gu~emt over to the L~se~ .or may do ~ c~bm~t~on ~f th~s~ ~,. l~ ~e ~t ~hat ~e Licensor s~zes ~y of ~e Licensee's equip- ment,.~ t~s.: EiM~sor. : ~: sSat!~ ~.~t~ the proceeds. . to th~ ~a~t: of. s~s d~a umder th~s agre~t a~ ~11 ~ ~ ~Iamce~ ~ any, ~er ~o the Lmcensee. ARTICLE VII TERM OF AGREE~"NT Section t. Unless previously terminated pursuant to its terms', this agree- men~t shall continue in effect until one year from date of contract and thereafter until six months after written notice of termination is given by either party. Such six months' notice of termination may be given to take effect at' the end of the original omc year period or thereafter. Section 2. This agreement shall terminate six months from the date hereof if the Licensee shall not have applied for any license hereunder within that period. Section 3. The Licensee may give up its license as to any poles or facili- ties by removing its attachments or connection therefrom and thereafter giving the Licensor notice of such removal on the form, a copy of which is appended to this agree- ment as Exhibit B. Rentals in respect of the license on such poles or facilities shall terminate as of the end of the month in which such notice is given, and the Licensee shall be entitled~to a pro rata refund or credit of rentals for any remaining period as to which it has paid such rentals. Section 4. This agreement shall be subject to termination by the Licensor, without notice, or, where circumstances permit, upon five days' written notice to the Licensee, upon objection being made by or on behalf of any governmental authority of its continuance, or if the Licensee's facilities are used in violation of any law. .AETICLE VIII GENERAL PROVISIONS Section 1. The Licensee shall not in anyway assfgn, transfer, sublet or encumber this agreement, nor any of the privileges hereby granted to it, without the prior written consent of the Licensor. Subject to the foregoing, however, this agree- ~ment shall extend' to and bind the successors and assigns of the parties hereto. ~ection 2. Failure of the Licensor to enforce or insist upon compliance with any'~f the terms srconditions 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. Section 3. This agreement on pole attachment constitutes the'entire agree- ment thereon b~etweenthe parties and it may n~t be modified or amended nor m~yany ob- ligatlom oN either party he changed er discharged ~ccept in writing signed by the duly authorized officer or agent of the party to be chargRd. SectiOn 4. Licensor shall have t~e right to transfer ownership of any of its poles, eveh though Lic~nsor has granted Licensee a licensm with respect thereto. Upon such trar~sfer, said ~cense shall terminate, add if the Licensee has an existing attachment agar,cent witb~he mew owner of the pole, Licensee's a~tachmen~ shall thence- forth be subject to and go~erned by the provisions of that agreement. Licensor shall have no liab~13_~ywhatsoevar with respect to Licensee as the result of such transfer. Section 5. In the event that Licensor becomes owner of a pole to which Licensee 'has made attachments pursuant tn an agreement with the former owner of the pole, Licensee~ agrees that~said pole, with Licensee's attachmen[s, shall, as of the day said pole becomes the property Of Licensor, be sub~ect to and governed by the terms of this agreement. When Sections 4 and 5 of this Article are in conflict with the provisions of ths Joint Use Agreement between Licensor and joint user, the Joint Use Agreement shall prevail. Section 6. Except where otherwise specified, anynotice to be given to the Licensor under this agreement shall be sent by re§i~stered mall, return receipt requested, to: Long Island Lighting Company Manager of'Stre~ Lighting 175 East 01d Country Road Hicksville, N. Y. 11801 Any notice to be given to the Licensee ~nder this agreement shall be sent by registered mail, return receSpt requested, to: Southold Town Clerk Main Road Southold, New York 11971 Any such notice shall be effective immediately upon being deposited in the United States mails. Section 7. (a) This agreement shall be governed by and inter,re, ed aeeord- tmg to the laws-of the State of New York° (b) The parties hereto shall at all times observe and comply w~th, and the provisions of this Agreement are subject to, ali laws,-ordinanees and regulations which in any manner affect the rightsa~d obligations of the'par~ias hereto und,er thisAgraement. Section 8. It is understood and agreed that the Licensor willnot extend its distributio~ system solely for street lighting purposes except as it chooses to do so nor will it o~a or maintain poles solely for street lighting purposes except under mutually agreeable terms. Section 9. It is understood that neither hy inspection or non-rejection, nor in amy other yap does the Licensor give any warrantyf express*or implied, as to the ade- quacy~ safety,-Or other characteristics bf any strm~tures, equipment, wires or facilities owned, installed ormaintained by or for the Licens'e~. Section 10. If the presence o~ Licensee or Licensor's poles or facilities shall cause Licensor to pay any new or additional tax which Licensor would not otherwise, pay, Licensee s~all, within~thirty (30) days df receiving a bill therefor from Licensor,. .... reimburse Licensor to the full extent of such new or additional tax. Section 11. This agreement is subject and subordinate to an Indenture of Mortgage and Deed of Trust dated as of September 1, 1951, supplemented and modified by .... fifteen supplemental indentures, by and between the Company and First National City Bank (formerly City Bank Farmers Trust Company)~ as Trustee, and recorded in the Offices of the Clerks of Nassau and Suffolk Counties, the office* of the Registrar of Suffolk County and the office of the Register of the City of New York for the County of Queens. Section 12. If at any time during the life of this* agreement, or any ex- tension, thereof, Licensor shall file a tariff with'the Public Service Commission of the State of New York covering some or all of the-matters treated in this agreement, this agreement shall be deemed superseded by any inconsistent provision of such tariff, as of the date of final approval and/or acceptance of such tariff by the Public Service Commission. Section 13. If at any time after the effective date of this Agreement, the Licensor should enter into a similar pole attachment agreement for municipal street lighting which differs from this Agreement, onl~in that the other municipality is charged rentals, rates and/or charges (Article III) less than~those contained in this Agreement, such lower rentals, rates and/orcharges shall supersede those appearing in~ and become a part of, this Agreement. IM WITNESS WHEREOF, the parties have caused this agreement to be duly executed as of the day and year first above writtem-. ATTESt: LONG' ISLAND LIGHTING COMPANY '~.h~ J. ~ss~, Vice President J TOWN OF SOUTIIOLD ATTEST: To%m ( A'lbert M. Martocchia, Supervisor ST~E OF NE~ ~0RK) COU~Y OF'~'OFFshm .... "- .... . On this: i0th/day of,l~ebr~ary, 1976, before me Personally came ALI[ERT ~ ~'~' ": ~ ~.'? ii.: M. NIARTOCCHLA, to me know~, who being by me duly sworn, did depose and say: THAT he resides at 431 Seventh Street, Greenport New York; and THAT he is ih~ Supervisor of the TOWN'OF SOUTHOLD, the municipal il%strument; corporation de'clOthed in and which executed'the foregoing THAT he knows the seal of said corporation; THAT 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.~/'~/..~5/' ' ~Notary Public ROBERT W. TASKER NOTARY PUBL!C. State of New York Suffolk County No, 52-3933725 Term Expires March 30, 1977 / STATE OF NEW YORK) COUNTY OF NASSAU ) SS.: O 14 came John J. Russell, did depose and say; THAT he resides at 44 Mole Place, Amityville, County of Suffolks, State qf New York; and THAT he is a Vice President of the Long Island Lighting Company, the eorporation described in and which executed the foregoing instrument; THAT he knows the seal of said corporation;. THAT the seal affixed to said instrument is such corporate seal; THAT' it was so affixed by orde~ 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 ma duly sworn, No. 52.4607130 L ~ ' ' ' ' ' EXttIB!T A ' APPLICATION AND LICENSE 19 Long Island,Lighting Company .... ~a~ager of Street Lighting 250 Old Country Road Mlneola, New York 11501 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 Attach%d HouMting Height of Bracket on Pole By License Number is hereby granted for attachment to such of the above poles as have not been stricken from the above list, , 19 LONG ISLAND LIGHTING COMPANY Manager, Street Lighting ' ~--~ E~HI~IT E ' NOT!FI~ATION OF REMOVAL 'BY LICENSEE N.Y., -- 19 Long Islan% Lighting Company Manager of Street Lighting 250 Old Country Road Mineola, New York 11501 In accordance with the terms of the Agreement between us, dated as of , 19 , kindly cancel from your records the following poles covered by the licenses indicated, from which our attachmen~ were removed on 19 Pole Pole License Number Location Number Municipality Receipt of above notice is hereby acknowledge, LONG ISLAND LIGHTING COMPANY By Manager, Street Lighting ' Point Of Connection ~ Detail ".~' N.Y Tele.pheneT~ 4 Min.--~ Bracket Position · Below NYTCO. See Net e 2+.:.j_.. =mj~, Supplied And 'i~ Installed By Others -]~ 1'2 Mtn;From T--Extreme ~ 'Bo~tom Of '~ Drip Loop Detail "B" .~ Detoil"C" Ins~tallation Of Fuse-See Note 5 See Reverse Side For Bill Of Material ~~ J 'B'~C; NOTE% i~MS ~-IZ~STREET Grounding Diagram. Notes: I. All construrtio~ Shell conform to design specifioatJons set forth in Edison Electric institute pabliootion M-I~_,NatJonol Electric Safety Code and this LILCO Standard. 2. Street light bracket shall be grounded using separate grounding conductor furnished by LILCO. Initial connection to bracket to be made by LILCO. 3. LILCO shall place light in service by making initial connections through fuse to energized Z/C # I0 supply cable. Tape ell .~onnections. 4. Contractor to furnish photoelectric control for dusk to dawn il!~mina?on for approximately 4100 hours per year. 5.'M~u~;~in~ ~igJ~ sh~ll §e delJe~-~nin~d'l~; ~[~i~ip~]l-'A'utJ~O~ifies' and/or t,hei¢ contractor who sholl'arrang~e with LILCO for any p~ie 'repracernents necessary. NYTCO upjSrovol is requiredoa o:~mrionce basi{ for any mounting height, beto.W 1he minimum d~mens[on of ?_q'-9"since NYTCO normat pole space is ~/olved; S~ Detail"B"for [using of street lights, mounted iow N~TCO facilities. When o street ligh't b~c~cket is mounted 5elow NYTCO f~c~[llties a fu~e holcl~r shelf be r~unted Pa ilia'underside ~f the ~amp..bracket. All co~duc,~r~s, sh01t be crimp ~j)liced and ~ .~ ~d, os shown in Detail ~',~/~l s~)lices shoIbbe inserte~l i~ lhe'lamp bracket drip loop ~ vith a 2" ~ F~E ;: FIXTURES LIG~'( ~J~RE'WITH PHOTOCELL IN HEAD INSTAnt,lAND OWNED BY OTH~ ~VOLT SUPPLY ~. ~ QUANTITY M & S DESCR~PTIOH · t75 W 400W CODE ~ L~inAire With Photocell fn Hea~ And BAll~st, .~; ,-~ 5. Wire, Ground ~6 H.D. Cop~er ~ + 199165 6. Conduotor, ~10 Vinyl Resin 600~ '+ + 19~590 7. Conbec$or, Split Bolt i 1 8. Connector, Gutter Tap 2 2 .~12~--- 9. Fuse~ Plug= 15 ~p 125 Valt . i 1 8. Socke't, Weatherp~oo¢: Graybar 1. T~pe Plastic + + **189010 2. .~onnector, Split'Bolt: Burndy or Equivalent 3 3 ** 3. Splice Compression Insulated ~10-12 2 2 187024 4. Elastimold Connector 'Kit, Style 20 or Equivalent I 1 .5. Elastimold Fused Connector Kit, Style 64 or Equivalent i 1 .6. $ussman KTK-15 Fuse i 1 7. Strap, ~Ooxicd, 2~ ~ide I i ** * Missing digits to be determined b2 type size or length of item; ** Supplied and installed by others. + As Required. 0S-3336 ~ain Road Mac~ltu~kt NY 11952 ENSURED Town of Southold Main~d Southold, IFf 11971 CO~'~'~F~ANIES AFFOmDh,~ COVE.RAGE COMPANY COMPANY CNA Continental Casu~lt~f Integrity InsuraNce Company COMPANY COMPANY TYPE OF iNSURANCE GENERAL UASlUTY PRPM~SES/OPERATIONS i UNDERGROUND EXPLOSION & COLLAPSE HAZARD PROOUOPS/OOMPLETED OPEPAT[ONS CONTRACTUAL fNBEPENDENT CONTRACTORS X I PERSONAL INJURY ANY AUTO ALE OWNED AUTOS (PRfV. PASS) A N~D AUTOS OTHER THAN LL Ow. (RR~ PASS ) H[REB AUTOS ' NON-OWNED AUTOS LIABiLiTY EXCESS LIABILITY UMBRELLA FORM OTHEB THAN UMBRELLA FORM WORKERS' COMPENSATION AND E~PLOYERS~ LIABILITY OTHER POLICY NUMBER IP 302394469 LILCO & New York Te!e BL%~ 10 202 75 73 ISX 118110 1/1/85 12/28/84 12/31/84 1/1/ss ili/86 12/31/85 AND COND{- ^~GGREGATE $ PERSONAL INJURY DAMAGE Bi & PD STATUTORY (EACH ASClDEN~ (D!SEASE.POLICY LIMIT) (DISEASE-EACH E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Long Island mighting Company and New York Telephone Compe~f joi~t users - pole attachments, Street lighting ~o',~'n CJer~ Risk Management ~ ~A[L 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 175 ~.. Old ~o~r7 Road OF ANY KIND 'UPON TH~ COMPANY~ ITS AGENTS OR REPRESENTATJVES. Hicksville, NY 11801 JUDITH T, TEIF~RY TOWN CLERK REGISTRAR OF ~VITAL STATISTICS ~ M2%RRIAGE OFFICER · t~ECO~DS ~AGEMENT OFFICER FREEDOM OF INFoRMATiON OFFICER Town Halt, 53095 Main Road P~O. Box 1179 Southold, New York 11971 Fax (516'~ 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOW/~ CLERK TOWN OF SOUTHOLD June 26, I996 Wayne D. Cole Lighting & Attachments Long Island Lighting Company 1650 lslip Avenue Brentwood, New York 11717 Dear Mr. Cole: At your request, the Southold Town Board has reviewed your proposal to amend Article IV, Section 9 of the-existing Street Light Attachment Agreement. The review shows that the Town does not share the concerns expressed by other municipalities about missing street light fixtures. The current arrangement appears to be working quite satisfaCtorily and we would like to continue it. On that basis, we decline your offered amendment and thank you for the opportunity to consider it. Very truly yours, Southold Town Clerk cc: Supt. of Highways Jacobs © © Dear Mr. Cole: At your request, the Town Board has reviewed your proposal to amend Article IV, Section 9 of the existing Street Light Attach~nent Agreement. The review shows that the town does not share the concerns expressed by other municipalities about missing street light fixtures. The current arrangement appears to be worEing quite satisfactorily and we would llke to continue it. On that basis, we decline your offered amendment and thank you for the opportunity to consider it. MEMORANDUM TO': FROM: RE: DATE: TOWN CLERK TOWN ATTORNEY POLE FIXTURE AGREEMENT JUNE 13, 1996 The existing LILCO agreement provides that LILCO notifies the town if a light fixture pole ~s to be removed or relocated. The Town reJocates the f~×ture at a charge of $10. LILCO now proposes to amend this agreement to have LILCO do the relocation work at a cost of ~;60. Further, the town has to indemnify LILCO for an,/ claims of liability for interruptions of service. LILCO says they are suggesting this change because of "some concerns in other municipalities about missing street light fixtures". Since Ray Jacobs has no such concern, and the proposed change is more expensiveand onerous for the Town, I recommend we stick with the current contract. Public Works Department Town of $outhold Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS Commissioner Tel. 765-3140 734-5211 Date: June 10, 1996 To: Members of the Southold Town From: Ray'mond L. Jacobs Board In the past we have had no problems with miss,ing street lights when Lilco has per- formee line service. Therefore I recommend we replace fixtures ourselves as nas been customary ano is ~ore economical for the Town, mmissioner Of Public works JUDITH T. TERRY TOWN CLERK REGISTRAR OF V~TAL STATISTICS OFFICE OF TI-IE TOWN CLERK TOI6~I OF SOUTHOLD To~m Hall, 53095 Main Road P.O. Box 1' 179 Southold, New York 11971 FAX{5i6) 765~3.823 TELEPHONE (5t6) 765'-~80I RAY: May 30, ~996 Before I submit the attached to the Town Board, please review and advise me whether you have a problem w. ith this amendment. Thank you. © LONG ISLAND LIGHTING COMPANY 1650 SL ~ AVENLJE BRENTWOOD NEW YORK 11717 D~rect Dial Number: 28 May 1996 Town of Southold P.O.Box 1179 53095Main Road So~thold,N.Y.,l1971 Southo.LJ To~ ~ Dear Sir/Madam I am enclosing a proposal to ammend Article IV,Sec 9 of our existing Street Light Attachment Agreement. This proposal has been brought about due to some concerns in other Municipalities about missing Street Light fixtures when a pole line is moved for road construction or otherwise replaced due to storms or vehicle accidents. Please review this proposal and respond with comments or sign and return for our implementation at your earliest convenience. Yours Truly, Wa. y~e. Lig/~ting & Attachments Brentwood 348-6433 =C-4587,4-$S i~GI~EMEN T between IJONG' ISI~AND hav£mg its principal of t~le 1st of 1996, ion, and as follows: te.rms and ~ree ARTICLE I SCOPE OF AGREEMENT Section 1. The LICENSEE agrees, subject to the conditions and limitations contained in this Agreement, that the LICENSOR, in its sole discretion and without any notice to the LICENSEE, may transfer theLICENSEE's existing utility pole attachments to replacement poles when existing poles to which the LICENSEE's attachments are attached are replaced by the LICENSOR due to damage, destruction or deterioration to such existing poles. Section 2. Nothing in this Agreement shall be construed as affecting the rights or privileges previously set forth in thePole Attachment Agreement between the parties dated April 1976 except that the terms of this Agreement shall prevail over any provisions insaid Pole Attachment Agreement made for the transfer of the LICENSEE's existing attachments to replacement poles when existing poles: are'replaced by the LICENSOR due to damage, destructlonor deterioration. ARTICLE II CHARGES AND PAYMENT Section 1. Charges (a) The LICENSEE shall pay the LICENSOR ($60.00) for each transfer of the LICENSEE's existing attachments from an existing pole to a replacement pole. (b) The LICENSOR will provide the LICENSEE with 60 days written notice of any change in the amount to be charged for attachment transfers. Section 2. Payment (a) The LICENSOR shall invoice the LICENSEE all o~ t~ t~ansfers that the LICENSOR performed for LIOENSEE d~rihg th, e Preceding m~th.' The invoice shale p~e IocatIo~ and describe the tr~ansf~rred (b) Payment shall be due and payable not later than 30 days from the~ invoi~ date. A charge of percent ~er month will be assessed for re~i~ed ~t~ ~e 3B~ day f~llowi~ngthe~at~of ~he i~voice. ARTICLE III LIMITATIONS ON LIABILITY Section 1. The LICENSOR reserves to itself, its successors and assigns, the tight'to maintain its poles and all of its other facilities and to opera=e its equipment in accordance with its policies-and procedures:consistent with its public service responsibilities. The LICENSOR shall not be liable to the LICENSEE or to any other person (and the LICENSEE shall indemnify, protect and sa~e the LICENSOR harmless against any claims of liability made by any other person) for any service interruptions of the LICENSEE, or for interference with, or any abnormality in, the operation of any property, equipment or attachments owned by the LICENSEE arising in any manner whatsoever as a result of the activities described in this Agreement, or for any otker Lo~s or damage suffered by the LICENSEE or others, regardless of whether any such interruption, interference, loss or damage is caused by the negligence or misconduct of the LICENSOR or ~ts agents or employees. The Section 2. The LICENSOR's liability to the LICENSEE on on contract, indemnity, strict liability or otherwise, for all losses or damages arising out of, connected with, or ~1 from ~his or from the performance or breach or from covered by or fUrnished under this Agreement or ~ny or ~xpansion thereof, shall in no case e~eed the ~h~rges a~tually paid by the LICENSEE to the LICENSOR p~r~suant to respect t~ the pole attachment transfers tha~ the claim or loss. on aRTICLE I~ TERMINATION shall commence of amounts right to to the~ terminate notice to'~ Agreement. 2. If the LICENSEE shall fail to pay the this Agreement, the LICENSOR shall ~ve the terminate this A~reement upon written notice 3. Ei~her party shall have the righ~ to. convenience upon thirty da~s written T~rmination of this Agreement shall not from any liability or obligation under this ARTICLE V GENERAL PROVISIONS Section 1. The LICENSEE shall not in any way assign, transfer, sublet or encumber this Agreement or any of the rights and privileges hereby granted, without the prior written consent of the LICENSOR which shall not be unreasonably withheld or delayed, subject to the foregoing, however, this Agreement shall extend to and bind the successors and assigns of the parties hereto. Section 2. Failure of the LICENSOR to enforce or insist upon compliance with any of the terms or 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. Section 3. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and may not be modified, supplemented, Waived, amended or terminated nor may any obligation of either party be changed or discharged except in writing signe~ by the dmly authorized officer or agent of the party to be charged. Section 4. If any terms of this Agreement conflict with the terms of the Joint Use Agreement between the LICENSOR and New York Telephone Company (now "NYNEX"), dated JanUary 1, 1969, the terms Of this Agreement shall prevail. - 3 Section 5. Except where otherwise specified, any notice to be given to the LICENSOR under this Agreement shall be sent by registered mail, return receipt requested, to: I~land Attachments Sect{on YOrk 11717 (5~) Any notice t~ be given to the LICENSEE under this ~natlbe sen~ bF r~gis~re~ma..il, return receipt Any such notice shall be effective immediately upon being deposited Ln.the United States mails. Section 6. In addition to the remedies provided in this Agreement, the LICENSOR shall have all rights provided by law or in equity. Section 7. This Agreement shall be governed by and interpreted according to the laws of the State of New York. Section 8. The parties hereto shall at all times observe and comply with, and the terms of this Agreement are subject to, all laws, ordinances and regulations which in any manner affect the rights and obligations of the parties hereto under this Agreement. - 4 - IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. LONG ISLAND LIGHTING COMPANY Robert B. Steg~r Vice President By; kleoa~:a-frm2.bal] -- 5 -- of t~e 1st a East ~hereinafte~ called the and having its principal Southold N.Y. 11971 ARTICLE I SCOPE OF AGREEMENT Section t. The LICENSEE agrees, subject to the conditions and limitations contained in this Agreement, that the LICENSOR, in its sole discretion and without any notice to the LICENSEE, may transfer the LICENSEE's existing utility pole attachments to replacement poles when existing poles to which the LICENSEE's attachments are attac~hed are replaced by the LICENSOR due to damage, destruction or deterioration to such existing poles. Section 2. Nothing in this Agreement shall be construed as affecting the rights or priwileges previously set forth in the P~le Attachment Agreement between~the parties dated ~April 1976 except that the terms of this Agreement shall prevail over any provisions in said Pole Attachment Agreement made for the transfer of the LICENSEE's existing attachments to replacement pot,es when existing poles are replaced by the LICENSOR due to damage, destruction or deterioration. ARTICLE II CHARGES AND PAYMENT Section 1. Charges (a) The LICENSEE shall pay the LICENSOR for each transfer of the LICENSEE's existing attachments existing pole to a replacement pole. ($60.00) from an (b) The LICENSOR will provide the LICENSEE with 60 days written notice of any change in the amount to be charged for attachment transfers. © © Section 2. Payment (a) The LICENSOR shall invoice the LICENSEE ef t~e transfers t~t ~the performed for month. T~e shall and describe the transferred (b) Pa~yment shall be due and payable not later ~han 30 days from the invoice date. A late payment charge of month will be assessed for payments received to t~e ~th'day foll~w~3~ngthe ~te of thei~oice. ARTICLE III LIMITATIONS~ ON LIABILITY Section 1. The LICENSOR reserves to itself, its successors and assigns, the right to maintain its poles and all of its other facilities and to operate its equipment in accordance with its policies and procedures consistent with its public service responsibilities. The LICENSOR shall not be liable to the LICENSEE or to any other person (and the LICENSEE shall indemnify, protect and save the LICENSOR harmless against any claims of liability made by any other person) for any service interruptions of the LICENSE~, or for interference with, or any abnormality in, the operation of any property, equipment or attachments owned by the LICENSEE arising in any manner whatsoever as a result .of the a~civities described in this Agreement, or for aRy other loss or damage s~ffered by the LICENSEE or others~ regardless of whether any such interruption, interference, loss or damage is c~used by the negligence or misconduct of the LICENSOR or its .agents or employees. The LICENSEE specifically waives any and at~ claims or losses for indirect, special, incid, en~at., e~emplar~, consequential or pun~tiWe damages ~ncludlng, but not ll~ted to, loss of profits or claims of customers for s~ch da~age~. Section 2~ The LICENSOR's liability to the LICENSEE on all claims of any kind, whether based mn contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out Qf, connected wi~h, or resulting from this Agreement, or from the performance or breach thereof, or from any services cove~ed bF or furnished Under this Agreement or any extension or expansion thereof, shall in no case ~xceed the charges actually paid by th~ LICENSEE to the LICENSQR ~ursuant to Article II with resPect to the pole attachment transfers that give rise to the claim or loss. - 2 - ARTICLE IV TERMINATION of 2. If the LICENSEE shall fait to pay the party shall have the right t? for cenvenience upen thirty days written Section 4. Termination of this Agreement shall not ~elease th~ L~SEE from anyliability or obligation under this Agreement. ARTICLE V GENERAL PROVISIONS Sectien 1. The LICENSEE shall not in any way assign, transfer, sublet or encumber this Agreement or any of the rights and privileges hereby granted, without the prior written consent of the LICENSOR which shall not be unreasonably withheld or delayed. Subject to the foregoing, however, this Agreement shall extend to and bind the successors and assigns of the parties hereto. Section 2. Failure of the LICENSOR to enforce or insist upon compliance with any of the terms or 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. Section 3. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and may ~ot be modified, supplemented, waived, amended or terminated nor may any obligation of either party be changed or discharged except in writing signed by the duly authorized officer or agent of the party to be charged. Section 4. If any terms of this Agreement conflict with the terms of the Joint Use Agreement between the LICENSOR and New York Telephone Company (now "NYNEX"), dated January 1, 1969, the ~erms of this Agreement Shall pre~ait. - 3 - Section 5. Except where otherwise specified, any notice to be given, tc the LICENSOR under this Agreement shall sent by registered mail, return receipt requested, to: be L~g Island ~65~ Bre~o~ l%ew York (~6i) 3~6434 ~ompany Attachments Section 11717 Agreement req~mested, Any notice to be given to the LICENSEE under this shall be seat by ~istered mail, return receipt to: Any such notice shall be effective immediately upon being deposited in the united states mails. section 6. In addition to the remedies provided in this Agreement, the LICENSOR shall have all rights provided by law or in equity. Section 7. This Agreement shall be governed by and interpreted according to the laws of the State of New York. Section 8. The parties hereto shall at all times observe and comply with, and the terms of this Agreement are subject to, all laws, ordinances and regulations which in any manner affect the rights and obligations of the parties hereto under this Agreement. - 4 - IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. LONG ISLAND L]~ ~G~TIN~ ~OF~P~N¥ By: Robert B. Steger Vice President By: - 5 - TOWN CLERK R~GISTRA~ OF VITAL $TzkTISTICS _MJd~qI AG~ OFFICF~q RiECOi~DS ~'%AG~ OFFICEI~ Town Plal]. 83098 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1828 Telephone 516) 765-1800 OFFICE OF TIlE TOWAt CLF, RK TOWN OF SOUTt!OLD June 26, 1996 Wayne D. Cole Lighting & Attachments Long Island Lighting Company t650 lslip ,Avenue Brentwood. New York 11717 Dear Mr. Cole: At your request, the Southotd Town Board has reviewed your proposal to amend Article IV, Section 9 of the existing Street Light Attachment Agreement. The review shows that the Town does not share the concerns expressed by other municipalities about missing street light fixtures. The current arrangement appears to be working quite satisfactorily and we would like to continue it. On that basis, we decline your offered amendment and thank you for the opportunity to consider it. Very truly yours, Southold Town Clerk cc: Supt. of Highways Jacobs NE! YO ' A~istr~u~iVe ~iaw 'J~ud~s Wat~er T. York State Public ~ervice Commmss~-on will hO~d fora puD!'ic comment on ra~e levels, as follows: Riverhead ~auDDau~e Tuesday,.Au~$~., 1996 · :00 p.m. 7.=:99 Nassau C0~Jn~PC!!ce~'Dept, 149~.Frank!~enue. Wednesday, August~2~'; 1996 I:00 p.m., Suffolk County Cooperative Extension Services, 246 Griffing Avenue. wednesday, Augusn 28, !996 7:00 p.m., State Office Building, 250 Veterans Memorial Highway. Each hearing will remain open for an least one hour and continue until all persons wishing no commenu have been heard. The Public Service Commission has initiated this proceeding to determine whether Long Island Lightin9 Company's electric ranes should be reduced. The Commission will initially be considering whether 5o sen temporary rates, which would be subject to refund or reparations in the event that uhe new per~nen5 rates ultimately established are lower or higher. It is not necessary uo make an appointmen5 in advance or no present written materiat in order to speak. Speakers will be called on a first-come, first-sez-ved basis after completing a card requesting time ~o speak a~ the ~ime of the hearing. Persons not wishing ~o speak may nevertheless commenu zn wrining by mailing their statements no Secretary John C. Crary a5 the MEMOP, AJ'qC, UM TO': FROM: RE: DATE: TOWN CLERK TOWN ATTORNEY POLE FIXTURE AGREEMENT JUNE 13. 1996 The existing LILCO agreement provides that L]LCO notifies the town if a light fixture pole is to be removed or relocated. The Town relocates the f{xture a~. a charge of $10. LILCO now proposes to amend this agreement to have LJLCO do the relocation work at a cost of $60. Further. the town has to indemnify LILCO for any claims of liability for interruptions of service. LILCO says they are suggesting this change because of "some concerns 'n other municipalities about missing street Jight fixtures". Since Ray Jacobs has no such concer,~, and the proposed change is more ezpensiveand onerous for the' Town, t recommend we stick with the current con~-ac~. Town of Soutbotd Peconic Lane Peoonic, N.Y. 11958 RAYMONDL JACOBS Commissioner Tel. 765-3140 734-5211 Oaue. J, une 10 1996 To: Nambers o£ the Southold Town Board From: Raymond L. Jacobs In the oas~ we have had no orobtems with missing s~reet l_ghts when Lilco has per- £ormed line service. Therefore t recommenO we replace fixtures ourselves as has been customary and is mere economical for the Town. ~oy~nd L. m~issioner ~f Public Works ~r~DITH T. TERRY OFFICE OF THE TOWN CLERK TOWN-OF SOLrfI-IO LD Town Hall. 53095 ~fain Road P.O. Box 1 i79 Sourhotd, New York 1197t FAX '$16) 765-1823 RAY: May 30, 1996 Before I submit the attached to the Town Board. please review and advise me whether you have a problem with this amendment. Thank you. LONG I$1_.~ND LIGHTING COMP.,~.NY Dfrecr D~I Numbe~: 28 May 19~6 Town of Southold P.O.Box 1179 5~095 M~in Road S~uthold,N.Y.,l197t Dear Sir/Madam I am enclosing a proposal to ammend Article IV, Sec 9 of our existing Street Light Attachment Agreement. This proposal has been brought about due to some concerns in other Municipalities about missing Street Light fixtures when a pole line is moved for road construction or otherwise replaced due to storms or vehicle accidents. Please or sign and convenience. review this proposal and respond with comments return for our implementatio~ au your earliest Yours Truly, Wayne Cole Lighting & Attachments Brentwood 348-6423 of the, 175 East Old Coun~ ~hereiIlaf~er caiIed~the "LICENSEE"). the mutual covenants terms and park~es t~s A~e~ent agree as follows: ARTICLE I SCOPE OF AGREEMENT Section t. The LICENSEE agrees, subject to the conditions and limitations contained in this Agreement, that the LICENSOR, in its sole discretion and without any notice to the LICENSEE, may transfer the LICENSEE's existing utility pole attachments to replacement poles when existing poles to which the LICENSEE's attachments are attached are replaced by the LICENSOR due to damage, destruction or deterioration to such existing poles. Section 2. Nothing in this Agreement shall be construed as affecting the rights or privileges previously set forth in the Pole Attachmen~ Agreement between the parties dated April 1976 except that the terms of this Agreement shall prevail over any provisions in said Pole Attachment Agreement made for the transfer of the LICENSEE's existing attachments to replacement poles when existing poles are replaced by the LICENSOR due to damage, destruction or deterioration. ARTICLE II CHARGES AND PAYMENT Section i. Charges (a) The LICENSEE shall pay the LICENSOR ($60.'00) for each transfer of the LICENSEE's existing attachments from an existing pole =o a replacement pole. (b) The LICENSOR will provide the LICENSEE with 60 days written notice of any change in the amount to be charged for attachment transfers. © © Section 2. Payment (a) The LICENSOR shall invoice the LICENSEE monthly for all of the transfers that the LICENSOR performed the LICENSEE during the~preceding month. The~ invoice shall identify the pole'tocations and describe the ~_ransferred facilities. for (b) Payment shall be due and payable not later than 30 days from the invoice date. A late payment charge of !~ percent per month will be assessed for payments, received s~se~q~ent to the 30tk day following the date of~ the~invoice. ARTICLE III LIMITATIONS ON LIABILITY Section i. The LICENSOR reserves to itself, its successors and assigns, the right to maintain its poles and all of its other facilities and to operate its equipment in accordance with its policies and procedures consistent with its public service responsibilities. The LICENSOR shall not be liable to the LICENSEE or to any other person (and the LICENSEE shall indemnify, protect and save the LICENSOR harmless against any claims of liability made by any other person) for any service interruptions of the LICENSEE~ or for interference with, or any abnormality in, the operation of any property, equipment or attac~hments owned by the LIC~NSEE arising in any manner whatsoever as a result of the activities described in this Agreement, or for any other loss or damage suffered by the LICENSEE or others, regardless of whether any such interruption, interference, loss or damage is caused by the negligencs or misconduct of the LICENSOR or, its agents or employees. The LICENSEE specifically waives any and all claims or losses for indirect, spec~a!, incidental, exempiary~ consequential or punitive damages, including, but not limited to, loss of profits or claims of customers for such damages. Section 2. The LICENSOR's liability to the LICENSEE on all claims of any kind, whether based on contract, indemnity, warranty, tort (inaluding negligence), strict liability or otherwise~ for all losses or damages arising out of, connected with, or resulting from 1this Agreement, or from the performance or breach thereof, or from any servmces covered by or furnished under this Agre~ent or any extension or expansion thereof, shall in no case exceed the charges actually paid by the LICENSEE uo the LICENSOR pursuant to Article II wi~h respect to the pole attachment transfers that give rise to the claim or loss. - 2 - ARTICLE TERMINATION section t. The term of this Agreement shall commence c~l ~uiyr 1996 and, subject to the termination provisions of this Article IV. Section 2. If the LICENSEE shall fail to pay the amounts due under this Agreement, the LICENSOR shall have th~ right to immediately terminate this Agreement upon written notice Go the LICENSEE. 3. Either party shall have the right to for convenience upon thirty days written party. Section 4. Termination of this Agreement shall not release the LICENSEE from any liability or 'obligation under this Agreement. ARTICLE V GENERAL PROVISIONS Section 1. The LICENSEE shall not in any way assign, transfer, sublet or encumber this Agreement or any of the rights and privileges hereby granted, without the prior written consent of the LICENSOR which shall not be unreasonably withheld or delayed. Subject to the foregoing, however, this Agreement shall extend to and bind the successors and assigns of the parties hereto. Section 2. Failure of the LICENSOR to enforce or insist upon compliance with any of the terms or 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. Section 3. This Agreement constitutes the entire agreement between the par~ies with respect to the subjec~ matter hereof, and may not be modified, supplemented, waived, amended or terminated nor may any obligation of either party be changed or discharged except in writing signed by the duly authorized officer or agent of the party to be charged. Section 4. If any terms of this Agreement conflict with the terms of the Joint Use Agreement between the LICENSOR and New York ~Telephone Company (now "NYNEX"), dated January 1, 1969, the ~erms of this Agreement shall prevail. © © Section 5. Excep~ where otherwise specified, any notice to be given to the LICENSOR under this Agreement shall be sent by registered mail, return receipt requested, to: Long Island Lighting Company S~pervisor. Li~htimg & Attackmen~s 1650 tstip Avenue Bren~wood, New York 11717 (516) 348-6434 Section Any notice to be given to the LICENSEE under this Agreement sha~l be sent by re~istered mail, return receipt ~eqUeSted, to. ( Any such notice shall be effective i~mediately upon being deposited in.the United States mails. Section 6. In addition to the remedies provided in this Agreement, the LICENSOR shall have all rights provided by law or in equity. Section 7. This Agreement shall be governed by and interpreted according to the laws of the State of New York. Section 8. The parties hereto shall at all times observe and comply with, and the terms of this Agreement are subject to, all laws, ordinances and regulations which in any manner affect the rights and obligations of the parties hereto under this Agreement. IN WITNESS W}{EREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. LONG ISLAND LIGHTING CO/~PANY By: Robert B. Steger Vice President By: A~T', dateda~ of the lst_ day or'July, 1996, cOMPANY, a NewYork corporation, hating its ~ office at 175 East Old Country Roa~, ~o~fice at P.O.Box l179,530~5~'Main Rd, Southold N.Y. 11971 (hereinafter caliedthe "LICENSEE"). as -follows: ARTICLE I SCOPE OF AGREEMEN~ Section 1. The LICENSEE aqrees, subject to the conditions and limitations contained in this Agreement, that the LICENSOR, in its sole discretion and without any notice to the LICENSEE, may transfer the LICENSEE's existing utility pole attachments to replacement poles when existing poles to which the LICENSEE's attachments are attached are replaced by the LICENSOR due to damage, destruction or deterioration to such existing poles. Section 2. Nothing in this Agreement shall be construed as affecting the rights or privileges previously set forth in the Pole Attachment Agreement between the parties dated April 1976 except that the terms of this Agreement shall prevail over any provisions in said P01e Attachment Agreement made for the transfer of the LICENSEE's existing attachments to replacement poles when existing poles are replaced by the LICENSOR due to damage, destruction or deterioration. ARTICLE II CHARGES AND PAYM. ENT Section i. Charges (a) The LICENSEE shall pay the LICENSOR for each transfer of the LICENSEE's existing attachments existing pole to a replacement pole. ($60.o0) from an (b) The LICENSOR will provide the LICENSEE with 60 days written notice of any change in the amount to be charged for attachmen~ transfers. O Section 2. Payment ~nthly for at.! of LICENSEE duri The LICENSOR shall invoice the LICENSEE the transfers that the LICENSOR performed for month. The invoice shall and d~sdrib~thetransferred (b) Paymen~ shall be due and payable not later than 30 days from the invoice date. A late payment charge of percent per month will be assessed fo~ pa~-men~s received ~ubsequent to the 30th day following the ~at~ of the invoice. ARTICLE iii LIMITATIONS ON LIABILITY Section I. The LICENSOR reserves to itself, its successors and assigns, the right to maintain its poles and all of its other facilities and to operate its equipment in accordance with its policies and procedures consistent with its public service responsibilities. The LICENSOR shall not be liable to the LICENSEE or to any other person (and the LICENSEE shall indemnify, protect and save the LICENSOR harmless against any.claims of liability made by any other person) for any service interruptions of the LICENS~E~ or for interference with, or any abnormality in, the operation of any property, equipment or attachments owned by the LICENSEE arising in any manner whatsoever as a result of ~he activities described in this Agreement, or for any other loss or damage suffered by the LICENSEE or others, regardless of whether any such interruption, interference, loss or damage is caused by the negligence or misconduct Of the L~CENSOR or ~s~agents or employees· The LICENSEE specifically waives any and all claims or losses for indirect, spsciai, incidental, exemplary, consequentialor punitive damages inuluding, but not limited to, loss of profits or claims of customers for such damages. Section 2. The LICEnSOR's liability to the LICENSEE on all claims of any kind, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from any services covered by o~ furnished under ~his Agreemen= or any extension or expansion thereof~ shall in no case exceed the ~narges ~ctual!y paid by the LICENSEE =o the LICENSOR pursuant to Article II w~th respec= to the pole attachment transfers that give rise to the claim or loss. - 2 - ARTICLE IV TE~iNATION Selctidn'l. The term of this Aqr~ment shall commence on: 1 July, 1996 and, subject to the termination provisions of this Article IV. Section 2. If the LICENSEE shall fail to pay the amounts due under this Agreement, the LICENSOR shall have the right to immediately terminate this Agreement upon written notice ~o the LICENSEE.. Section 3. Either party shall have ~he right to =er~inate this Agreement for convenience upon thirty days written notice ~o ~he other pa=~ty. Section 4. Te_~mination of this Agreement shall not release the LICENSEE from any liability or obligation under this Agreement. ARTICLE PROVISIONS Section 1. The LICENSEE shall not in any way assign, transfer, sublet or encumber this Agreemen= or any of the rights end privileges hereby ~a~.anted, without the prior written consen~ of the LICENSOR which shall no~ be unreasonably withheld or delayed. Subject to the foregoing, however, ~his Agreement shall ex~end to and bind the successors and assigns of the par~ies hereto. Section 2. Failure of the LICEI~SOR to enforce or insist upon compliance with any of the terms or 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 end effect. Section 3. This Agreement constitutes ~he entire agreemen= bet~een the parties wi~h respect to the subj~c~ mat~er hereof, and may no~ be modified, supplemented, wRived, amended or renominated nor may any obligation of either par~y be changed or discharged except in w~iting signed by the duly authorized officer or agen~ of t~e par~y to be charged. Section 4. If any ~e=--ms of this Agreement conf!ic~ with the usrms of the JoLnt Use _Agreement between the LICENSOR and New York Telephone Company (now "NYNEX"), dated January 1969, the terms of this .Agreement shall prevail. - 3 ec~lon 5. Excep~ where otherwise specified any notice ~o be given to the LICENSOR under this Agreenuenu Shall be sent by registered mail, reEurn receipt requested, to: Long Island Lighting Company Supervisor, Li~ti~u~ & Attachments !650 islip Av~e Bren~wood, New York 11717 (51S) 348-6434 Section Any notice to be given to the LICENSEE under this Agreemenu shall be sent by regis~r~d mai!, reuurn receipt ~equest~d, to: Any such notice shall be effective immediately upon being deposited in the United States mails. Section 6. In addition to the r~medies provided Ln this Agreemen~, the LICENSOR shall have all rights provided by law or in equity. Section 7~ This Agre~ment shall be governed by and inuerpreted according to the laws of the State of New York. Section $~ The parties hereuo shall au all times observe and comply with, and the terms of this Agreement are subjecu to~ ail laws, ordinances and regulations which in any manner affect the rights and obligations of the parties hereto under this Agrsemenu. IN WITNESS WHEREOF, the parties have caused this -Agreement to be duly executed as of the day and year first above -written. LONG ISLAND LIGHTING COMPANY By: Robert B. Steger Vice President By: - 5 - Direct Di~] Nureber: April 1, 1985 LONG ISLAND LIGHTING COMPANY 2 6 Mrs, J6dith T. Terry Town of Southold Town Clerk Main Road S0uthold, New.York 11971 The agre~nent between the Tan of Southold end LILCO for the rental of street lights d~ted April 1, 1976, provides in Paragraph 13 as follows: The tax adder portion of the c~osite rental rates set forth in paragraph 12 shall be adjusted annually to the extent of the imposition of new or increased taxes by Federal, State, or MurLicipal governments levied on the facilities, except to the extent contrary to law, and any reduction in expense to the C~4PANY due to reduced taxes shall be reflected as z decrease in the tax adder portion of the composite rental rates. The development of the tax adder portion of .the c, .o~p~..site rental rates set forth in paragraph 12 is d~nonstrated mn E~hibit B-1 attached. Incremental adjustments effective on April 1 of each year during the term of-this ~agreement will be c~ated not later than March 1 and submitted to the Town as exhibits to beccma part of the agreement. When the contract was prepared, each annual rental rate included a tax adcer based on th property taxes applzcable to the average investment for ~t group of fixtures. The average tax rate used based on 1975 State, County and To~m plus the 1974-75 school tax levies in the Town of Southold was $3.42 per $100. It is our intent that billing of street lighting service begirming with April 1, 1985 be adjusted to reflect adjustments as shown through the tabulations based on the difference between the tax portion of the rental rate for the current year and that of the original year of contract. We believe the attachment is self-explenatory at detailing tt~ computation. Should there be any questions, please let me know. Very truly yours," Street L~ & ~lic l~rks Di~ LONG ISL~J~D LIGHTING COM PAJ~I'Y Direct Dial Number April i, 1984 Mrs. Judith T. Terry Town of Southold Town Clerk Main Road Southold,, NY' 11971 Dear Mrs. Terry: The agreement between'the Town of Southold and LILCO for the rental of street lights dated April I, 1976, provides in Paragraph 13 as follows: The tax adder portion of the composite 'rental rates set forth in paragraph 12 shall be adjusted annually to the extent of the imposition of new or increased taxes by Federal,.State, or Municipal governments levied on the facilities, except to the extant contrary to law, and any reduction in expense to the COMPANY due to reduced taxes shall be reflected as s decrease in the tax 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 a~justments effective on April 1 of each year~ during the term of th~s~, agreement will be computed not later than March 1 and submitted to the: Town as exhibits to become part of the agreement. When the contract was prepared, each annual rental rate included a tax adder based on the property taxes applicable to the average investment for that group of fixtures. The average tax rata used based on 1975 State, County and Town plus the 1974-75 school tax levies in the Town of Southold was $3.42 per $100. It is our intent that billing of street lighting service beginning with April 1, 1984 be adjusted to reflect adjustments as shown through the tabulations based on the difference between the tax portion of the rental rate for the current year and that of the original year of contract. We believe the attachment is self-explanatory at detailing the computation. Should there be any questions, please let me know. Very truly your. s, Richard E.~o~S, ~auager Street & Public Works Di~~ng REG/jk EXHIBIT B-I / / T~N OF SOUTHOLD RENTAL AGREEmeNT . DERIVATION OF TAX ADDER TO AIr'UAL tl~AL RATES ~putatlon of tax adder to street lighting rental rates applicable to April !, 1986. Original Cost: The cost used by the New York State Board of Equalization and Assessment in the dete_~.iuation of the assessed value of LILCO's property in publid~ stree~ts. Special l~o-nchise Tax: total of State, County, Town and School Taxes levied. Average Property. Tax~ Special franchise tax Original Cost 'fax Averege Property Tax X 100% (100% - gross revenue tax on rentals) , ._c:,c..ty T-.~x rate, based on the '1985 State, County and Town; plus the 1984-85 t,-~x !e%~es in the Town of Southold is $4.27 per $100. The applicable gross ~ax is 0.75%, Average 'il~x rate 4.27% (average property tax rate) X '100% -- 4.30% 100-0.75% (gross revenue 'tax) average t,~_x rate ~ased on 1975 State,-coUnty and Town, plus the 1974-75 school tax · was ~3.42. Th..zs was the base tax used in calo~]mtion of rental rates for the of cc~,"r~:c,~, 175%.; ~mrcury OH fixture original cost (investment) $118.31. t~'x ,.or[:ion of the rental rate in Exhibit C for the base year I (Oriil.'cost $.118.31) x (Avg. tax rate $3.42 per $100) = $4.05 (See Col. 3, Page 2) current a,'erage tax rate based on 1985 State, County and Town, plus the 1984-85 ~!:cel lax !ev~es ~n ti~ Tc~n of Southold is $4.30 per $100. portien of the rental rate for the current year 0,,'~,.._.~. cost ,.*J.-.~.31) x (Avg. tax rate $4.30 per $100) = $5.09 (See 12ol. 4, P~ge2) adjwstc.:! rental ra~e for each category of rental unit is similarly~set.forth on page this F_xbibit:. : L~f.~!~.:'~*,~ & Public Works Coordination Division Col. 1 Col. 2 Fixture Original ~H Units ~n Reflector $ 64.49 OnitA ~lobe Unit 75.15 0hit B 175W MV Horim. 118.31 UnitC ~ Fed Units Upright Post A 110.10 Res. Cbl. Supply I15.77 TO~'~q OF SOIrfHOLD Col. 3 ]~-~-~ax Adder .3.42% Col. 4 L'~t Tax Adder 4.30% Col. 5 Unit Rental as per Col. 6 ~-~-6ion of Col. 4 plus Col. 5 Appl~cab for the 1985 Contract Year $ 2.20 $ 2.77 $ 5.83 $ 8.60 2.57 3.23 13. 03 16.26 4.05 5.09 17.88 22.97 3.77 3.96 4.73 4.98 7.94 9.97 12.67 14.95 4-85 LONG ISLAND L~GHTiNG CON~P~%hS' This letter is intended to extend the terms and conditions of the third Party Attachment Agreement concerning street lighting fa6ilities attachments To utility poles, to include your connection of those facilities to LILCO'S secondary mains. Please arrange for the proper endorsements to be made in the space provided below. On receipt of the acknowledgement a copy will be counter-signed by LILCO and returned for your records. Very Truly Yours,_ /5 ' ~ ~ -- ~' ' l! ~ " ' ~'' Richard E. Gi~. b~/.~_. _.~. ~] .~ Coor~tion } /,.Z/Y ~/~, ~' -'..gccep · Accep ted for. SUPERVISOR Approved: Date. d: LONG ISL~_ND L'IGHT!NC. COMPAN5 /go/~n~_ -~ ~ce~sident.... September I~, 1984 TOWN OF SOUTHOLD RENTAL AGREEMENT DERIVATION OF TAX ADDER TO ANNUAL RENTAL RATES · Computation of tax adder to street lighting rental rates applicable to April 1, 1985. ~eft~itions: Original Cost: The cost used by the New York State Board of Equalization and Assessment in the determination ofthe assessed value of LILCO's property in pnhlic streets. Special Franchise Tax: The total of State, County, Town and School Taxes levied. Average Property Tax: Special franchise tax Origiual Cost AverageTax Rate: Average Property Tax X 100% (100% - gross revenue tax on rentals) The average Property Tax rate, based on the 1984 State, County and Town; plus the 1983-84 School tax levies in the Town of Southold is $4.34 per $100. The applicable gross revenue tax is 0.75%. The Average Tax rate 4.34% (average property tax rate) X 100% = 4.37% 100-0.75% (gross revenue tax) The average tax rate based on 1975 State~ County and Town, plus the 1974-75 school tax levies was $3.42. This was the base tax used in calculation of rental rates for the first year of contract. Example: The 175W mercury OH fixture original cost (investment) $118.31. The tax portion of the rental rate in Exhibit C for the base year (Orig. cost $118.31) x (Avg. tax rate $3.42 per $I00) = $4.05 (See Col. 3, Page 2) The current average tax rate based on 1984 State, County and Town, plus the 1983-84 school tax levies in the Town of Southold is $4.37 per $100. The portion of the rental rate for the current year (Orig. cost $118.31) x (Avg. tax rate $4.37 per $100) = $5.1~-(See Col. 4, Page2) The adjusted rental rate for each category of rental unit is similarly set forth on Page 2 of this Exhibit, 4-84 Street Lighting & Public Works Coordination Division LONG ISLAND LIGHTING COMP/~I¥ April 28, 1976 Honorable Albert Martocchia Town of Southold 16 South Street Greenport, New York'l~944 Dear Supervisor Martocchia: Attached is one copy of a fully executed street light facilities rental agreement between the Town of Southold and the Long Island Lighting Company which represents the culmination of our efforts over the past year or so, and I wish to thank you personally for your help to me during that period. I also wish to extend our best wishes to the Town for their success in taking on this new venture. Please understand that the Long Island Lighting Company still stands ready to help in any way we can, so do not hesitate to call me should the need arise. Very tmuly yours, Richard E. Gibbons, Manager Street Lighting Division REG;eg Attachment CERTIFICATE"o'F INSURANCE [3(: "..-" 00279 ."~'~"r'D'"'rz. ,.,..,: ;..., '; 02/04/94 COMPANIES AFFORD[NG COVERAGE VAL STYPE & SONS, INC. POi BX 1415 12985 MAIN RD ~ATTITUCK NY 11952-0996 mSu~ S:OUTHOLD TOWN ~AIN ROAD ~OUTHOLD, NY 11971 COVE"AGES , cOMpANY c C~3~ MPANy D AU-S. FIDELITY & ~,ERALL,~ UW ' LIAB]LrTY :~UTOMOmuE UAe~ U~Y POLICY NUMBER 1Mp300784~8401 ; 1MP30078448401 ~/01/94 91/0I!/95 01/01/94 ]1/01/95 DESCRIP~ON OF OPERATI ONS~OCA~S~EHICLES~P EC~L ITEMS ~LL LOCATIONS LIMITS GENEfS, AL AGGREGATE (Per pe~on) (per acci~en~ EAcH OCCURRENCE AGGREGATE 300 CERTiFiCATE HOLDER LONG ISLAND LIGHTING CO. RISK MANAGEMENT 175 E. OLD COUNTRY ROAD HICKSVILLE, NY 11801 INSURNEr 25.S (7;90) CANCELLATION i::iii::i:: AUTHORIZED REPRESENTATIVE ~' % ~',~? INSURNET, lNG. 1990 .// ;'~:'~'., NOTICE TO ALL STREET AND i.,",':.,.~, HIGHWAY LIGHTING CUSTOMERS On August 27,'1984 thePublic Service Commission issued an ~. order granting a 9.5 percent general ,increase to become ef- -~ "festive September 1, 1984. '"~'~' The effect of the increase on ouF Street and Highway Light- .lng Electric Service Classification Nos. 8 and l0 is esti'mated at about 9.5 percent of the total charges for those services. The attached claim~for the month of September 1984.includes the increase for those accounts served on Electric Service Classification Nos. 8'and.lO. If you have any questions in regard to this subject, please call the undersigned direct on 733-4760. R~chard E. Gibbop~,~nager Street Lightin~and Public Works Coordination .~ Attachment - Electric Service Classification Nos. 8 and l0 September 1984 Co~~ t Ft:~ure .'ype Col. 2 Uni~ Avg. Original Investment )H Units )pen Reflector $ 64.49 Init A ~lobe Unit 75.15 . Init B ~75W MV Horiz. 118.31 Init C ;G Fed Units Jprtght Post A 110.10 les. Cbl. Supply 115.77 O O TOWN OF SOUTHOLD C6~;' 3 Col. 4 Base Tax Adder Current Tax Adder 3.42% 4.37% Col. 5 Uniform Unit Rental as per Agreemen~ $ 2.20 $ 2.82 $ 5.83 2.57 3.28 13.03 4.05 5.17 13.88 3.77 4.81 7.94 3.96 5.06 9.97 Col. 6 Summation of Coi. 4 plus Col. 5 Applicabl for the 1984 Contract Year $ 8.65 16.31 23.05 12.75 15.03 3-84 O Sons, Inc. "Our Business is Your Peace of Mind" May 3, 1993 Mr. James W. Nevins LILCO - Risk Management 175 E. Old Coun~ryRoad HicksvJl]e, NY 11801 RE: Certificate of Insurance Town of Southold Dear Mr. Nevins: RECSIVED MAY 5 lgg3 As per your request, attached is a Certificate of Insuranqe showing the Town of Southold having general liability insurance and automobil~ insurance in effect from 1/1/93 to 1/1/94. This certificate is provided to y~uper your agreement with the Town. If you have any questions regarding this matter, please do not hesitate to call. Very truly yours, BC cc: Betty Christy, AAI Office Manager 3udith Terry - Town of Southold Town Clerk / William Mullen 12985 Main Road Mattituck, N. Y. 11952 TELEPHONE: (516) 298-8481 Val Stype & SonS; Inc. Main Road Mattituck, NY 11952 Southold Town Main Road Southold, NY 11971-4~00 ' 5/:~,/9 i~ CONFER~ NO RIGHTS ~oN THE CERTIFICATE HOLOERo THis CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW~ COMPANIES AFFORDING COVERAGE COMPAr, W A t~R USF&G COMPANY LE~ER B COMPANy LETTER C COMPANY LETTER D THIS IS TO CERTIFY THAT THE INOICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEBTIFICATE MAY EE 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 SEEN REDUCED SY PAID CLAIMS~ LIMITS TYPE OF iNSURANCE POLICY NUMBER DATE:(MMIDD/YY) DATE (MMIDDIYY) ~_~0ccun. ONTRACTOR'~ PROT. 1MP30078448400 1/!/93 1/1/94 .UTO$ AUTOS 1MP30078448400 1/1/93 1/1/94 , 000,000 ~ ~NjoRY PhOPER]:Y DAMAOE r~CH ACCIDENt OTHER L~LCO - Risk Management 175 E. Old Country Road Hicksville, New York 11801 SHOULD ANY OF THE ABOVE DEscRiBED POLICIES BE cANcELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRII-FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE BHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. © © ~eath o£ persons, arising or alleged to.have ~ri.en in any ~ork performed b~'the TO~ its agent~ or contractor, here-' under, Copies of all accident or other reports madeto any tn~Urer by ~l~ TOWN ahall b~ £urnlghed to CO~AN~. 'It ia ~nder~tood that licensed attaehment~ o~ community a~enna 17. 'Th~ TOWN ah~ll indcmuify~ protack and save harmlasa the COP~ANY~nd the Joint user of said potee and facilitie~ expense aris$~g out of any d~mand~ claim, sui~ or jadgment for ~amagee ~o property et ~nJHry to or death of peraona, inelHding the o~fieera.~ age. t§ and employeea of either party attd the Joint Hser hereto~, and including paymene made ~nd~.a~] Workmam'm Compensation La~ or ~ndez any plan for empl~y~ap,~ disability and dsC. th benefits, which may aries ~ut ,of t~r be caused by TOI~I'S ~s~ of the Rental ~ni~s h~r~n~ or by. the pr0ximtEY o~ tile eable~, wire~, 2ppm~u~ and appliances Of COM~RqY or the Joint ~er of aid!'potes~ or arising o~E o[ any Ret or omi~aion or alfred act or om!psiOn ~f ~he T~N. The provisio~ of this ~a~agraph shall apply trte~pee~tive Of ~any fa~lt~ faifttr~ negligence or alleged .eg~igenee on the pact of ~he CO}~ANY ari~{ng B~ opara~iom o~ law solely by reason of the CO}~'~ o~e~ship of Said poles' end faeili~ie~, lb US ~der~ood [ha~ n~t[her by {~ection~ nor ~Jection~ nor i. any ~the~ way~ ~hail CO}~f.be deemer to gi~e any wa~ran~y~ ~xpress or impl{~d~ a~ Eo the adequmey~ ~mfeky~ or other ~haracEetist{e~o~ any ~ruetures~ equipment or facilities which are r~n[ed pursuant .~o this agre~en~, or Eo which any ~egment or part of any of th~ Rental Units are at'Lathed or eonnected~ ~e TOWN ~all carry insurance~ aE it~ mole cost and expens~ tv proEe~t Eta parties hereto nnd Joint user with respect to the ToWN'm liability for ~e inde~mifieation of Co~ANY~' from ~nd against any and all claima and demands~ and from and against any and all aeEiona~ ]~dgmento~ eosts~ expenses c LONG ISLAND LIGHTING COMP, ad~Y October 4, 1994 SOUTHOLD, TOWN OF 53095 F~AIN ROAD P.O. t~OX 1179 SOUTIi©LD, NY 11971 Re: LILCO INSURANCE REQUIRF2~ENTs LILCO FILE #: 8544 Our records indicate that your insurance policy(s) or certificate(s) on file with this office have not listed LILCO as an additional insured. In accordance with LILCO's insurance requirements, this office must maintain current evidence of insurance for your organization with LILCO named as an additional insured with respect to general liability~. Please indicate the above file number on your corrected policy(s) or certificnte(s)~ and fo~ard them to LILCO-Risk Management. If you have any questions please contact our office at (516) 933-4773. Please remit to: LILCO - Risk Management 175 E. 0id Country Road Hicksville, NY 11801 Very truly yours, James W. Nevins JODITH T. TERRY John: OFFICEOFTHEToWNCLERK TOWN OF.SOUTHOLD October 11, 1994 Town Hall, 53095 Main Road P.O. Box t 179 Southold, New York 1 I971 FAX (516) 765-1823 TELEPHO_NE (516) 765-1801 Attached is a letter from Long Island Lighting Company regarding our certificate of insurance. Could you please handle this matter. Thank you. Val , Inc. "Our Business is Your Peace of Mind' LAURY DOWD TOWN ATTORNEY TOWN OF SOUTHOLD TOWN HALL PO BOX 1179 $OUTHGLD, NY 111971 NOVEMBER 18, 1994 RE: LONG I~LA~D LIGHTING COMPANY CERTIFICATE POLICY: iMP30078448401 CARRIER: U.S. FIDELITY & GUARANTY DEAR LAUR¥: WE WOULD APPRECIATE YOUR CHECKING INTO THE CONTRACT WITH LONG ISLAND LIGHTING COMPANY. THEY KEEP REQUESTING THAT WE ADD THEM TO OUR INSURANCE POLICY AS ADDITIONAL INSURED. HOWEVER, IT WAS OUR UNDERSTANDING THAT THEY DID N~T HAVE TO BE ADDER AS ADDITIONAL INSURED, JUST THAT WE'~HAD TO SUPPLY EVIDENCE THAT INSURANCE FOR $i,000;~g0 LIABILITY WAS IN EFFECT. ANY HELP YOU CAN GIVE WOULD BE GREATLY APPRECIATED. THANK YOU FOR YOUR HELP. BCA:bc VERY TRULY YOURS, CHRISTY, AAI OFFICE MANAGER 12985 Main Road P.O. Box 1415 Mattituck, N. Y. 11952-0996 TELEPHONE: (516 2~8 8481 FAX: (516 298-5779 JU6iTH T. TERR~ TOWN CLt~RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Sonthold_ New York11971 TELEPHONE (516) 765-1801 November 15, 1985 Val Stype & Sons, Inc. P.O. Box 63 Mattituck, New York 11952 Dear Sirs: I spoke with your o£fice this afternoon regarding the attached letter from L~lco in which they lcaim that General Laibility and Auto L~ability Insurance has expired as of 10/14/85. Please forward copies of renewal certificates to Lilco at your earliest convenience. Very truly yours, Southeld Town Clerk Attachment (I) LONG ISLAND LIGHTING COMPANY 175 EAST OLD COUNTRY ROAD - HICKSViLLE NEW YORK 11~S01 Direct Dial Number TOWN OF SOUTHOLD TOWN HALL MA%N ROAD SOU~OLD~ N.Y. 11971 11/i4/85 15 Re: LILCO INSURANCE REQUIREMENTS Our records indicate that your Insurance Certificate(s) on file with this ~office need to be renewed. Type of Insurance Coverage will/has ex~ire(d) on: General Liability Including Hold Harmless & Contractual Coverage, AND 10/14/85 LILCO Must be named "Additional Insured" () Auto Liability ( ) Excess Liability ( ) Workers' Compensation () Please foYward renewal certificates or policies before the indicated expiration to prevent interruption of coverage. If you have already forwarded your certificate, please disregard this letter. However, if you no longer have an active purchase order with us, please notify us so that we may place your records in our inactive file. If you have any questions, please contact this office. Ver~ truly yours, Robert A. Longworth, Jr. Risk Management () Second Request! Renewal Certificates (or Policy) must be received before the mn- dicated expiration if present operations are to be conninued without interruption. Please remin your Insurance Cectificate to: Long Island-Lighting Company Risk Management 175 E. Old Country Road Hicksville, New York 11801