[To Be Reprinted on Borough Commissioner Letterhead]
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- Percival Oscar Holt
- 7 years ago
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1 [To Be Reprinted on Borough Commissioner Letterhead] PROCEDURE GOVERNING THE INSTALLATION OF ERUVS EFFECTIVE APRIL 17, Applicant shall submit a written request to install an Eruv to the respective Borough Commissioner of the New York City Department of Transportation ( NYCDOT ) for the borough of New York City in which the proposed Eruv is located. 2. The written request shall include detailed plans and drawings which must be approved by NYCDOT prior to the installation of the Eruv. 3. The written request shall also state that, in the event that the Eruv is approved by NYCDOT and installed by the applicant, the applicant shall agree to defend and indemnify the City of New York (the City ), as further discussed in paragraph 10 below. 4. The Eruv shall consist of an unadorned string, approximately ¼ of an inch in thickness. 5. The detailed plans and drawings must show that the Eruv will not hang lower than fifteen (15) feet above the sidewalk and eighteen (18) feet above the roadway. In addition, the detailed plans and drawings shall comply with any special requests from NYCDOT for additional clearance. 6. The applicant shall submit any additional documentation or information requested by NYCDOT in order to assist NYCDOT in reviewing the applicant s request to install the Eruv. 7. Upon receipt and approval of all required documents, NYCDOT may issue a letter to the applicant authorizing the installation of the Eruv. 8. The Eruv shall not be installed prior to the applicant receiving an authorization letter from NYCDOT. 9. Installation and maintenance of the proposed Eruv shall be performed at the sole cost and expense of the applicant and shall conform to the approved detailed plans and drawings, along with any additional requirements set forth by NYCDOT. 10. Upon installation of the Eruv, applicant shall submit a self-certification letter (copy attached), signed by an officer of the applicant and notarized indicating:
2 That the installation of the Eruv complies with all the detailed plans and drawings and any additional requirements set forth by NYCDOT. That the Applicant will be fully responsible for the maintenance of the Eruv, which shall be performed at the Applicant s sole cost and expense. The Applicant acknowledges that the City shall retain the right to remove or relocate any of the City s structures which support the Eruv, at any time whatsoever. The Applicant further acknowledges that the City shall take practicable steps to notify the Applicant of its plans to remove or relocate any of the structures supporting the Eruv; however, failure to notify the Applicant will not preclude the City from performing such removal or relocation. In the event that the City removes or relocates any of the City s structures which support the Eruv, the Applicant acknowledges that the City will have no obligation to provide any additional supporting structures or alternate means to maintain the Eruv. The Applicant shall be liable for, indemnify, defend and hold the City and NYCDOT, its officers, agents, servants, representatives employees, attorneys, consultants and independent contractors (collectively referred to as the Indemenitees ) harmless from any and all liabilities, suits, obligations, fines, damages, penalties, claims, charges and expenses (including, without limitation, attorneys' fees and disbursements) ( Damages ) that may be imposed upon or incurred by or asserted against any of the Indemnitees arising out of or related to the installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv, whether or not such damages are due to the negligence of the City or otherwise; provided, however, that the foregoing liability and indemnity obligation shall not apply to any Damages to the extent arising out of any willful misconduct or gross negligence of the City, its officers, employees, servants, agents, attorneys, consultants or independent contractors. Further, it is a condition of this application to install the Eruv that the City assumes no liability for liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses (including, without limitation, reasonable attorneys' fees and disbursements) to
3 either persons or property on account of the same, except as expressly provided herein. The Applicant shall forever release and discharge the City and NYCDOT, its officers, agents, servants, representatives or employees from any and all claims, demands, rights of action or causes of action, present or future, whether same be known or unknown, anticipated or unanticipated, resulting from the installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv. The Applicant, as well as its successors, shall forever refrain from instituting, prosecuting or maintaining any action, suit or proceeding, at law or otherwise against the City and NYCDOT, its agents, servants, representatives or employees based upon any injuries which it may suffer, including death or damages, both personal or to property, whether same be known or unknown, anticipated or unanticipated, resulting from the installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv.
4 [SAMPLE] SELF-CERTIFICATION LETTER Date: [Respective Borough Commissioner] New York City Department of Transportation Attention: Re: Application #: Installation of Eruv Location: Dear [Respective Borough Commissioner]: This letter will confirm that (the Applicant ) is in full compliance with all the approved detailed plans and drawing, along with all additional requirements of the New York City Department of Transportation ( NYCDOT ) regarding the installation of the above-referenced Eruv located at, ( the Eruv ) The Applicant acknowledges and agrees that it shall be fully responsible for the maintenance of the Eruv at its sole cost and expense. The Applicant acknowledges that the City of New York (the City ) shall retain the right to remove or relocate any of the City s structures which support the Eruv, at any time whatsoever. The Applicant further acknowledges that the City shall take practicable steps to notify the Applicant of its plans to remove or relocate any of the structures supporting the Eruv; however, failure to notify the applicant will not preclude the City from performing such removal or relocation. In the event that the City removes or relocates any of the City s structures which support the Eruv, the applicant acknowledges that the City will have no obligation to provide any additional supporting structures or alternate means to maintain the Eruv.
5 The Applicant shall be liable for, indemnify, defend and hold the City of New York and NYCDOT, its officers, agents, servants, representatives employees, attorneys, consultants and independent contractors (collectively referred to as the Indemenitees ) harmless from any and all liabilities, suits, obligations, fines, damages, penalties, claims, charges and expenses (including, without limitation, attorneys' fees and disbursements) ("Damages") that may be imposed upon or incurred by or asserted against any of the Indemnitees arising out of or related to the installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv, whether or not such damages are due to the negligence of the City or otherwise; provided, however, that the foregoing liability and indemnity obligation shall not apply to any Damages to the extent arising out of any willful misconduct or gross negligence of the City, its officers, employees, servants, agents, attorneys, consultants or independent contractors. Further, the Applicant acknowledges that a condition of the City s approval of the this application to install the Eruv is that the City assumes no liability for liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses (including, without limitation, reasonable attorneys' fees and disbursements) to either persons or property on account of the same, except as expressly provided herein. The Applicant shall forever release and discharge the City and NYCDOT, its officers, agents, servants, representatives or employees from any and all claims, demands, rights of action or causes of action, present or future, whether same be known or unknown, anticipated or unanticipated, resulting from the installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv. The Applicant, as well as its successors, shall forever refrain from instituting, prosecuting or maintaining any action, suit or proceeding, at law or otherwise against the City of New York and NYCDOT, its agents, servants, representatives or employees based upon any injuries which it may suffer, including death or damages, both personal or to property, whether same be known or unknown, anticipated or unanticipated, resulting from the installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv. The Applicant has obtained advice of legal counsel or it has elected to forego advice of legal counsel regarding the indemnification and release provisions above.
6 Sincerely yours, By: Title: Company: Notary Public
7 [SAMPLE] APPROVAL LETTER Date: To: Re: Application #: Installation of Eruv Location: Dear : The New York City Department of Transportation ( NYCDOT ) has reviewed your application to install an Eruv at the following locations (collectively referred to as the Eruv ): Based upon your application, including the detailed plans and drawings, NYCDOT hereby approves the installation of the Eruv. Please be advised, that the approval granted herein is revocable at any time at the sole discretion of NYCDOT. NYCDOT s approval of the detailed plans and drawings is also contingent upon your agreement to defend and indemnify the City against any claims related to installation, maintenance and/or existence of the Eruv, as well as the Applicant s presence or the presence of the Applicant s agents, representatives, servants, employees or independent contractors during the installation, maintenance and/or existence of the Eruv. The installation of the Eruv must comply with the detailed plans and drawings previously submitted to and approved by NYCDOT, and a certification letter must
8 be provided to NYCDOT s respective Borough Commissioner promptly upon installation. Sincerely yours,
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