File #: 13-0864    Version: 1 Name: Sunesys Agreement
Type: Ordinance Status: Filed
File created: 6/6/2013 In control: Engineering
On agenda: 7/3/2013 Final action: 7/23/2013
Title: ORDINANCE GRANTING PERMISSION TO SUNESYS, LLC TO INSTALL AND MAINTAIN 1,783 FEET OF FIBER OPTIC TELECOMMUNICATIONS NETWORK WITHIN THE PUBLIC RIGHT-OF-WAY FOR SERVICE TO THE STATE OPERATED NEWARK PUBLIC SCHOOL DISTRICT.
Title
ORDINANCE GRANTING PERMISSION TO SUNESYS, LLC TO INSTALL AND MAINTAIN 1,783 FEET OF FIBER OPTIC TELECOMMUNICATIONS NETWORK WITHIN THE PUBLIC RIGHT-OF-WAY FOR SERVICE TO THE STATE OPERATED NEWARK PUBLIC SCHOOL DISTRICT.

Body
WHEREAS, Sunesys, LLC, a Delaware Corporation, 185 Titus Avenue, Warrington, Pennsylvania 18976, desires to build a telecommunication network for the service of the State Operated Newark Public School District, with conduit as set forth on Exhibit A-1, attached hereto and made part hereof; and
WHEREAS, the Municipal Council of the City of Newark previously adopted Ordinance 6S&FH, on August 3, 2005, granting non-exclusive permission to Sunesys, Inc., to accomplish the foregoing for different locations; however, the Agreement approved by said Ordinance may not have been fully executed or recorded in the records of the Essex County Register's Office; and
WHEREAS, the Municipal Council of the City of Newark is desirous of granting the requested permissions, on a non-exclusive basis to Sunesys, LLC, for use of the public right-of-way for the purpose of providing certain telecommunications services to the State Operated Newark Public School District, in exchange for the payment of the applicable administrative and certain annual charges for the term of the permissions granted.

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

Section 1. Permission is hereby granted to Sunesys, LLC, its successors and assigns to install, operate, repair, and maintain 1,783 linear feet of fiber optic telecommunications network for the service of the State Operated Newark Public School District, as set forth on the attached maps dated February 15, 2012, Numbered 228-461, 225-456, 229-459, 229-455, 227-458, and 226-456. Permission is specifically granted for those areas specifically identified on the maps attached hereto and made a part hereof. The Mayor and/or his designee, the Director of the D...

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