Loading...
HomeMy WebLinkAboutNational Grid r RESOLUTION 2024-195 ADOPTED DOC ID: 20009 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-195 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2024: RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski,Jr.to execute the Agreement between the Town of Southold and KeySpan Gas East Corporation d/d/a National Grid concerning the utilization of the designated parking areas located at the Southold Town Recreation Center, Peconic Lane Community Center and Jean Cochran Park,as staging areas for the temporary storage of materials, equipment and vehicles during emergency restoration efforts,to continue until terminated by either party upon thirty(30) days prior written notice,subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Anne H. Smith, Councilwoman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans o v { Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 RECEIVED MEMORANDUM To: Denis Noncarrow, Town Clerk MAR 15 2024 From: Missy Mirabelli Southold Town Clerk Secretary to the Town Attorney Date: March 14, 2024 Subject: Agreement Between Town of Southold and National Grid With respect to the above-referenced matter, I am enclosing an original, fully executed Agreement for your records. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /mm Enclosures CC:Accounting ram n a+l i o n a I g rid Real Estate Services RECEIVED MAR 14 2024 March 13, 202 4 Town Attorney°s Office Attention:.MelissaMirabelli. RE::Site.Access Agreement with Town of Southold and KeySpan Gas East Corporation d/b/a National Grid Hi Melissa, Thank you for returning the executed document. Enclosed is the full agreement docusigned.on behalf of National Grid. Additionally, I enclosed proof of our liability.insurance:for:your records. .: :: : . If you need anything else; please feel.free,to give me a call. Thank you! . . . „Best;. Matt Shahley. . Real Estate Representative National Grid 175 East Old Country Road : . Hicks ,ille,New York 11801 . 516-450-9469 MatthewCharles.Shanley(Emtionaigsid�com - . 175 East Old Country Road,Hicksville,Ni( 11801 T:508-389-2902 N .F:508-389-3339 .■ shannon.larson@us.ngdd.com..E www.nationalarid.com * I SITE ACCESS AGREEMENT i This Site Access Agreement(the"Agreement"), made this day of �(,(�C h, 2024, by and between the Town of Southhold ("Licensor"), having its principal offices 53095 Route 25, P.O. Box 1179, Southhold,New York 11971 and KeySpan Gas East Corporation d/b/a National Grid ("Licensee"), a New York limited liability company, duly organized under the laws of the State of New York,with principal offices at 175 East Old Country Road, Hicksville, New York.11801,Licensor and/or Licensee are referred to herein individually as"Party" and collectively as the"Parties." APPROVED ACTIVITIES—Licensee, their employees, agents, contractors and subcontractors may access property owned by Licensor, location Jean W. Cochran Park, 2405 Peconic Lane, Peconic, Town of Southhold, County of Suffolk,New York, SCTM# 100-75-5-6, Peconic School, 1170 Peconic Lane,Peconic, Town of Southhold, County of Suffolk,New York, SCTM1000-75-1-13, and Recreation Center, 970 Peconic Lane, Peconic, Town of Southhold, County of Suffolk,New York, SCTM# 1000-75-1-15.2 (the"Site"),more particularly described in the aerial photos attached hereto as Exhibit"A", for the purpose of establishing a staging area for the temporary storage of materials, equipment, and vehicles, during Licensee's emergency restoration efforts (the "Approved Activities"). In consideration of the mutual promises and agreements herein contained,the Parties agree as follows: A. GENERAL 1. Limited Scope. This Agreement does not provide Site access other than to Licensee, its agents, employees, invitees and/or contractors/subcontractors specifically authorized by Licensor to engage in Approved Activities 2. Access by Licensor Representatives. Licensor may at all times have access to the Site for the purpose of reviewing the Approved Activities hereunder and inspecting,maintaining and repairing its facilities located on such Site. B. TERMS OF ACCESS The Approved Activities and this Agreement are granted from the date first written above, and shall continue until terminated by either parry upon thirty (30) days prior written notice to the other party. C. MAINTENANCE 1. During its occupation of the Site,the Licensee will be responsible for maintaining the Site in clean, orderly condition, good repair and in a secured condition. 1 2. Licensee, its agents, employees, invitees and/or contractors/subcontractors shall not erect, place,maintain on, over or under the surface of the Site any permanent buildings or structures of any kind, unless expressly agreed to in writing by Licensor. D. RESTORATION Upon cessation of the Approved Activities, or upon expiration of this Agreement, whichever occurs first, Licensee, at its sole cost and expense, shall repair any damage Licensee may have caused to the Site and restore the Site to substantially the same condition as it existed before Licensee entered the Site. E. HOLD HARMLESS To the fullest extent permitted by law, Licensee, shall indemnify and hold harmless the Licensor from and against claims, damages, losses and expenses arising out of or resulting from performance of Licensee's work on the Site,provided that such claim damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property including loss of use resulting there from but only to the extent caused in whole or in part by the negligent acts, omissions or willful misconduct to Licensee, anyone directly or indirectly employed by Licensee or anyone for whose acts Licensee may be liable F. INSURANCE REQUIREMENTS Prior to the commencement of Approved Activities a Certificate of Insurance from Licensee shall be furnished to Licensor. Licensor must be added to and insured under(i) a commercial general liability policy of not less than one million($1,000,000) dollars, (ii) an umbrella policy covering protection in an amount not less than two million ($2,000,000) dollars combined single limit coverage for injury, death, and property damage arising out of any one occurrence, (iii) an automobile liability policy covering all owned, hired and non-owned vehicles with a combined single limit of not less than one million($1,000,000) dollars and(iv) Worker's Compensation and Employer's Liability as required by law. Licensee shall name the Town of Southhold and County of Suffolk as additional insured. Insurance as specified herein must be maintained at all times throughout the Term of this Agreement. Licensee retains the right to self insure its coverage's and in such event, Licensee may provide self-funded coverage and certificates or other evidence or such self-insurance in lieu of insurance certificates issued by insurance companies. G. GOVERNING LAW This Agreement shall be governed by the laws of the State of New York except for conflict of law issues. H. ENTIRE AGREEMENT 2 This Agreement constitutes the entire agreement and understanding between the Parties for the use of the Facility, and no amendments, additions, or modifications hereto shall be valid unless in writing and signed by all the Parties hereto. I. BINDING EFFECT This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. J. RISK OF LOSS Licensee shall bear the entire risk of loss or damage to its personal property and structures, or the personal property of Licensees' agents, employees, invitees and/or contractors/subcontractors on the Site arising out of its use of the Site K. ASSIGNABILITY AND ADDITIONAL PARTIES This Agreement and the rights and obligations associated herewith may not be assigned or sublet by Licensee to an affiliate without prior written notice to and consent of Licensor. L. SEVERABILITY If any provision of the Agreement shall be declared to,be unenforceable, the remaining provisions hereof shall remain in full force and effect. M. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original and which shall constitute the same instrument. N. WAIVER No delay or omission by either Parry in the exercise of any right under this Agreement shall impair any such right or shall be taken, construed or considered as a waiver or relinquishment thereof, but any such right may be exercised from time to time and as often as may be deemed expedient. If any agreement or covenant herein shall be breached by either Party and thereafter waive by the other Parry, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. O. ARTICLE HEADINGS The article headings and other titles used in this Agreement are for convenience only and shall not affect the construction of any terms of this Agreement 3 P. NOTICE Notice to Licensor and Licensee shall be provided to the following of representatives, each of whom shall be available to receive communications at all times during Approved Activities that implicate the Site: Licensor: Town of Southold, Office of Town Attorney P.O. Box 1179, 54375 Main Road Southold,NY 11971-0959 Phone: (631) 765-1939 Fax: (631) 765-6639 Licensee: Teresa Mauro 175 East Old Country Road Hicksville,New York 11801 Direct: 516 545 5079 teresa.mauro@nationalgrid.com IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the date first written above. Town of Southhold KeySpan Gas East Corporation d/b/a National Grid By: �ia��� By: 4 Docu&i n Envelope ID:8351B228-E064-4F7E-A651-9A457C8F50C5 P. NOTICE Notice to Licensor and Licensee shall be provided to the following of representatives_, each of whom shall be available to receive communications at all times_during Approved Activities that implicate the Site: Licensor: . .. . Town of Southold,Office of Town Attorney P.O.Box 1170, 54375 Main Road Southold,NY 11971-0959 Phone: (631).765-1939 Fax:. . . (631) 765-6639 Licensee: Teresa Mauro 175 East Old Country Road Hicksville,New York 11801 - Direct: 516 545 5079 teresa.mauro@nafiomlgridxom ... IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the date-first-written above. ToWn of Southhold KeySpanq Gas East Corporation d/b/a National Grid DocuS' ned by: By: /� By: 16A4E87BB4044DE... DATE(MM/DD/YYYY) A O CERTIFICATE OF LIABILITY INSURANCE 63113l2024 THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATION ONLY AND CONFERS. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 'POLICIES 'BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE: A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. " IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, -the policy(ies) must. have ADDITIONAL INSURED. provisions'or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on w this certificate does not confer rights to the certificate holder in lieu of suih'endorsement(s). m PRODUCER CONTACT - NAME: Aon.ihsurance Managers (USA), Inc. pHONE FAX Captive Manager (A C:No.Ext): (802) 862-4400 (A/C.No.): (802) 860-0440 v 100 Bank Street E-MAIL x° Suite 630 ADDRESS: .- . Burlington VT 05401 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED .. _ INSURERA: National Gri d.Insurance USA Ltd 16085 _ Keyspan.Gas East Corporati On INSURER B: dba National Grid 175 East old Country Road INSURERC: Hicksville NY 11801 .USA INSURER D: .. INSURER E: ' INSURER F: - COVERAGES CERTIFICATE NUMBER: .570104323381 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE. POLICY PERIOD INDICATED. NOTWITHSTANDING,ANY REQUIREMENT,'TERM OR CONDITION OF-ANY ,CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as re uested INSR ADDL SUBR POLICY EFF POLICY EX P - LIMBS LTR TYPE OF INSURANCE •INSD WVD POLICYNUMBER (MMIDDIYYYY) (MM/DDM'YY) .. COMMERCIALGENERAL LIABILITY. .. ... EACH OCCURRENCE . .. . . . CLAIMS-MADE OCCUR DAMAGE TO RENTED II���LLL PREMISES(Ea occurrence) MED EXP(Any one person) - PERSONAL&ADV INJURY m ... GEN'LAGGREGATE LIMITAPPLIES PER, GENERALAGGREGATE _ N POLICY PRO- � LOC - PRODUCTS-COMP/OP AGG c ❑PRO .. OTHER: ... AUTOMOBILE LIABILITY - - COMBINED SINGLE LIMIT U) (Ea accident) - ' ANY AUTO BODILY INJURY(Per person) O SCHEDULED BODILY INJURY(Per accident) Z OWNED AUTOS' dt - AUTOS ONLY ". - - PROPERTY,DAMAGE cc HIRED AUTOS NON-OWNED: t) O ONLY AUTOS ONLY .. (Per acciden w i= 01 A" NGUSPL23102 04/01/2023 04/01/2024 EACH OCCURRENCE $5,000,000 y UMBRELLA LIAR 'X OCCUR .. X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 X DED RETENTION .. ._ WORKERS COMPENSATION AND PER STATUTE I OTTH- EMPLOYERS'LIABILITY : - _ --- YIN ER ANY PROPRIETOR/PARTNER/ E.L.EACH ACCIDENT .EXECUTIVE OFFICER/MEMBER NIA (Mandatory in NH) .. .E.L.DISEASE-EA EMPLOYEE If yyes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more space Is required) Re: Contract: Site Access Agreement_ March 2024; Excess Liability includes;the,following retentions: '$3,000,000 for General Liability, Auto Liability and Pollution Liability. $1,000;000 for Employers Liability Certificate Holder and county of Suffolk tra are included as Additional Insured in accordance with the policy provisions of the Excess Liability Coverage policy. y. �. ... ...CERTIFICATE HOLDER CANCELLATION _ • SHOULD ANY OF THE ABOVE DESCRIBED,POLICIES BE CANCELLED BEFORE THE EXPIRATION rt� ' DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. - - T own:Of Southold AUTHORIZED REPRESENTATIVE' 53095 Route 25 P.D. Box 1179 rge.d 9.ra�os�.cr� '�1tu.�c�gow (ZtSrFJ. 9:i�..; Southold NY 11971 USA ©1988-2015 ACORD CORPORATION.All rights reserved N: ACORD 25(2016/03) The ACORD name and logo are registered marks of ACID Exhibit A - Jean Cochran Park —261000 Sq/Ft for Staging h -A( �• � � � 4� .�' ` . wry :�1 i ' ° , 1 '� Jean Cochran Park ' . ,. Exhibit A - Peconic School —201000 Sq/Ft for Staging NIS • , • t ,_ Exhibit A - Peconic Rec Center —43,000 Sq/ft for Staging V. o I o • #�' a . Alt- �r r iorkers' IVa�tpensat��n KATHY HOCHUL CLARISSA M.RODRIGUEZ GOVERNOR CHAIR Office of the Secretary Compliance With Workers'Compensation Law I,Laura Inglis, Secretary for the Workers' Compensation Board, DO HEREBY Certify that: Name: KeySpan Gas East Corporation WCB #: W556500 Tax ID #: 11-3434848 Qual Date: 7/1/2009 has secured compensation to its employees as a self-insurer in the following manner: Pursuant to Section 50, subdivision 3 of the Workers'Compensation Law. The status of the self-insurer was effective as noted above and remains in fill force. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal- f the Workers' Compensation Board this 26th.day of April 2023. LAURA W GLIS SECRETARY Status Confirmed By PM >8CO& 4/26/2023 sl-12 328 State Street, Schenectady, NY 12305 I (518)402-0247 www.WCB.NY.gov 8/1/2012