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Home My WebLink AboutPSEGRESOLUTION 2015-177 ADOPTED DOC ID: 10556 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-177 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 10, 2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter Agreement dated February 5, 2015, between the Town of Southold and PSEG Long Island regarding the donation of Pole #643-1, 35 Ft. Class 4 at 275 Peconic Lane, Peconic, so that said pole can be demolished and ultimately replaced for electric service during construction of the new DPW/Highway Yard, subject to the approval of the Town Attorney. 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 PSEG Long Island 175 E. Old Country Road Hicksville, NY 11801 Town of Southold Scott A. Russell, Supervisor P. O. Box 1179 Southold, New York 11971 February 5, 2015 Re: Donation of Poles to Donee @ 275 Peconic Dear Mr. Russell: PSEGL °D We make things work for you FEB - 6 Pe PERVISOR'S OFFICE TOWN OF SOUTHOLD On behalf of the Donee ( Town of Southold), you have requested that PSEG Long Island ("PSEG LI") donate number (#643-1) Height Ft 35. class #4 pole to the Donee for use by the Donee at 275 Peconic Lane, Peconic. PSEG LI agrees to donate the poles to the Donee pursuant to the following terms and conditions: 1. Identif3dng Marks. The Donee agrees to obliterate any identifying marks of PSEGLI prior to the use of the poles. 2. Wgganty. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT PSEG LI DOES NOT WARRANT THE POLES DONATED HEREBY IN ANY MANNER WHATSOEVER, AND NO REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE IS MADE BY PSEG LONG ISLAND. THE POLES COVERED BY THIS AGREEMENT ARE CONVEYED BY PSEG LONG ISLAND AND ACCEPTED BY THE DONEE "AS IS". 3. Indemnification. The Donee hereby undertakes and agrees to indemnify, defend and hold harmless PSEG LI, its officers, directors, employees, and agents from and against all losses, damages, claims, liens and encumbrances, or any or all of them, arising out of or in any way connected with the poles donated hereby, and whenever made or incurred, including any and all liability imposed or to be imposed by law and/or contract and/or custom, upon PSEG LI, its officers, directors, employees, agents or any or all of them, whether or not it be claimed or proven that there was negligence or breach of statutory duty or both upon the part of PSEG LI, its officers, directors, employees, and agents; and in any case, PSEG LI shall have the right to demand that the Donee undertake to defend any and all suits and to investigate and defend any and all claims whether justified or not, providing only that the claim or suit shall be against PSEG LI, its officers, directors, employees and agents. 4. Compliance with Laws. The Donee hereby undertakes to comply with all Federal, State, and local laws, rules, ordinances or regulations in any manner regulating or affecting this donation or the poles donated hereby or the work, if any, performed hereunder, and the Donee shall indemnify and hold PSEG LI, its officers, directors, employees, and agents harmless from any loss, damage, penalty or injury PSEG LI may suffer or be subjected to because of the Donee's default thereof. 5. Assignment. The Donee shall not assign this letter agreement without the prior written consent of PSEG LI. This letter agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. 6. Entire Agreement. This letter agreement constitutes the entire agreement and understanding of the parties with regard to the donation of poles and no amendments, additions or modifications to this letter agreement will be valid unless in writing and signed by the parties to this letter agreement. 7. Governing Law. This letter agreement shall be governed by the laws of the State of New York. 8. Counterparts. This letter agreement may be executed in several counterparts, each of which shall be an original and each of which shall constitute the same instrument. 9. Article Headings. The article headings and other titles used in this letter agreement are for convenience only and shall not affect the construction of any terms of this letter agreement. If this letter agreement properly reflects the agreement of the Donee and PSEG LI with regard to the donation of the poles, please cause a duly authorized representative of the Donee to execute both copies of this letter agreement in the space provided below. If you have any questions with regard to this letter agreement, please call Steve Marangoni at (631) 548-7045. Once this letter agreement has been executed by the Donee and returned to me, you may contact me at to arrange for a mutually convenient date for delivery of the poles to the Donee. ACCEPTED & AGREED TO: Sincerely, Richard Inserra Lead Design Supervisor ACCEPTED & AGREED TO: PSEG Long Island By: Name: Title: Date: