HomeMy WebLinkAboutCablevision Lightpath, Inc RESOLUTION 2014-875
ADOPTED DOC ID: 10211
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-875 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 5,2014:
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 Lightpath, Inc. regarding accessibility to its equipment located at
53095 Main Road, Southold(Town Hall), subject to the approval of the Town Attorney.
aiiaa
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Lig*al
4,0000
October 21,2014
Town of Southold
53095 Main Street
Southold,NY 11971
(631)765-1891
Re: Access Agreement dated 10/22/2009, between Town of Southold (Owner/Manager) and
Cablevision Lightpath, Inc. ("Company") for the premise located at 53095 Main St., Southold,
NY.
This letter shall confirm the extension of the term of the above referenced Access Agreement
for an additional term of three (3) years commencing 12/1/2012 and terminating 11/30/2015
(the "Extended Term"). This Access Agreement shall automatically renew for additional one
(1) year terms, unless Owner/Manager or Company provide written notice, to the other party,
indicating its intention not to renew this Agreement, which notice shall be given no later than
sixty (60) days before the current term of the Agreement expires.
Except as set forth herein, all terms and conditions of the Access Agreement shall remain in
full force and effect.
Town of Sout d Cablevision Lightpath,Inc.
By: By:
Name:. o6A_<re l( Name: Paul Corona
Title: vo`' Title: Vice President OSP Desien& Construction
Date: I I a y Date:
200 Jericho Quadrangle,Jericho, NY 11753 •www.golightpath.com
Optimum Smit Business Communications.
Lightpath. E Wirnuen Ynh.e.
October 22,2009
PROPERTY ACCESS AGREEMENT
Cablevision,Lightpath,Inc.CLightpath°),having an address at 200 Jericho Ouadrangle,Jericho,New York 11753;
Attention: Suzanne Ryan,Director Real Estate Management
OWNER INFORMATION
Legal Name:Town of Southold
Business Address:53095 Main Street,Southold,NY 11971
Property: 53095 Main Street,Southold,NY 11971
' owner grants permission to Lightpath(and its affiliates)to attach,install,maintain;operate;upgmdu,"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 rights 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 shallrovide Lightpath p g tpath 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 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
Ughtpath's default and,�.po�n,�o_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 courier to the addresses set forth 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 right, 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. i
Cablevision,Lightpath, Inc. Town o outhold
By: By:
i
Name: Paul Corona Name: e-
Title: VP OSP sin&Construction Title: S `
Date: 6 Date: r (f l — Oct