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HomeMy WebLinkAboutLightpath - Property Access AgreementRESOLUTION 2009-881 ADOPTED DOC ID: 5402 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-881 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 4, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Property Access Agreement between the Town of Southold and Cablevision Lip_htl~ath, Inc. regarding the installation of equipment at the Police Department and Town Hall in connection with the conversion of the Town's data, voice and internet connectivity, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Vincent Orlando, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Optimum Lightpath October 22, 2009 PROPERTY ACCESSAGREEMENT Cablevision, Lightpath, Inc. ("Lightpath"), having an address at 200 Jericho Quadrangle, Jericho, New York 11753; Attention: Suzanne Ryan, Director Real Estate Management OWNER INFORMATION' LeRal Name: Town of Southotd Business Address: 53095 Main Street, Southotd, NY 11971 Property: 53095 Main Street, Southold, NY 11971 Owner grants permission to Lightpath (and its affiliates) to attach, install, maintain, operate, upgrade, change and remove cable and telecommunication related equipment and devices (collectively, the "Equipment") to the Property, at no cost to Owner, in order to provide telecommunication services to tenants and occupants at the Property. Owner represents that it owns the Property and/or has all dghts and interests in the Property as may be necessary to grant to Lightpath the dghts herein and to perform the obligations of Owner herein. In addition, Owner grants Lightpath access to and within the Property for the purposes permitted above dudng normal business hours, or as otherwise agreed upon between Lightpath and the tenant or occupant at the Property. Owner shall provide Lightpath with an area agreed to by the Owner and Lightpath, where the Equipment may be installed, maintained and secured. Owner shall provide Lightpath with electricity sufficient for the operation of its Equipment. Lightpath shall have access at any time in the event of an emergency. No rent or fee is required to be paid by Lightpath for the rights granted herein. Lightpath agrees to indemnify and hold harmless Owner for any damage directly caused by Lightpath in the installation or removal of its Equipment. All Equipment shall remain the property of Lightpath. Such Equipment may not be utilized by any third party without the express prior wdtten consent of Lightpath. Upon termination of service to the Property, Lightpath shall remove its Equipment. Lightpath's rights hereunder shall remain in effect for a period of three (3) years commencing on December 1, 2009 and terminating on November 30, 2012. Owner may not terminate this Property Access Agreement except due to Lightpath's default and upon no less than sixty (60) days prior written notice and opportunity to cure. Notices and correspondence relating to this Property Access Agreement shall be sent by certified mail, return receipt requested, or by a reliable overnight couder to the addresses set fodh above. A copy of any notice to Lightpath shall also be sent to its Legal Department at 1111 Stewart Avenue, Bethpage, New York 11714. This Property Access Agreement and all of the provisions hereof shall be binding upon the parties hereto and their respective successors and assigns. The signatories hereto represent that they have the legal dght, power and authority to enter into this Property Access Agreement on behalf of the parties and to bind such parties to perform their respective obligations hereunder. Cablevision, Lightpath, Inc. Name: Paul Corona Title: VP OSP/Desiqn, & Construction Date: ~//Z~? ~ ? TTiiuth°ld Date:~g/,(-2 ~ 0 ~' Licjhtpath I October 22, 2009 PROPERTYACCESS AGREEMENT Cablevision, Lightpath, Inc. ("Lightpath"), having an address at 200 Jedcho Quadrangle, Jericho, New York t 1753; Attention: Suzanne Ryan, Director Real Estate Management OWNER INFORMATION LeRal Name: Town of Southold Business Address: 41405 Route 25, Peconic, NY 11958 Property: 41405 Route 25, Peconic, NY 11958 Owner grants permission to Lightpath (and its affiliates) to attach, install, maintain, operate, upgrade, change and remove cable and telecommunication related equipment and devices {collectively, the "Equipment") to the Property, at no cost to Owner, in order to provide telecommunication services to tenants and occupants at the Properly. Owner represents that it owns the Property and/or has all fights and interests in the Property as may be necessary to grant to Lightpath the rights herein and to perform the obligations of Owner herein. In addition, Owner grants Lightpath access to and within the Property for the purposes permitted above during normal business hours, or as otherwise agreed upon between Lightpath and the tenant or occupant at the Property. Owner shall provide Lightpath with an area agreed to by the Owner and Lightpath, where the Equipment may be installed, maintained and secured. Owner shall provide Lightpath with electricity sufficient for the operation of its Equipment. Lightpath shall have access at any time in the event of an emergency. No rent or fee is required to be paid by Lightpath for the fights granted herein. Lightpath agrees to indemnify and hold harmless Owner for any damage directly caused by Lightpath in the installation or removal of its Equipment. All Equipment shall remain the property of Lightpath. Such Equipment may not be utilized by any third party without the express pdor written consent of Lightpath. Upon termination of service to the Property, Lightpath shall remove its Equipment. Lightpath's rights hereunder shall remain in effect for a period of three (3) years commencing on December 1, 2009 and terminating on November 30, 2012. Owner may not terminate this Property Access Agreement except due to Lightpath's default and upon no less than sixty (60) days pdor written notice and opportunity to cure. Notices and correspondence relating to this Property Access Agreement shall be sent by certified mail, return receipt requested, or by a reliable overnight courier to the addresses set fodh above. A copy of any notice to Lightpath shall also be sent to its Legal Depattment at 1111 Stewart Avenue, Bethpage, New York 11714. This Property Access Agreement and all of the previsions hereof shall be binding upon the parties hereto and their respective successors and assigns. The signatories hereto represent that they have the legal dght, power and authority to enter into this Property Access Agreement on behalf of the parties and to bind such parties to perform their respective obligations hereunder. Cablevision, Lightpath, Inc. Name: Paul Corona Title: VP OSP, Design r& Construction Date: Town of Southold Name: Title: Date: