144-18 Exhibit-Agreement with Cross River Fiber for Installation of Fiber Optics Cable in Public Right of Way.pdf

RIGHTS-OF-WAY USE AGREEMENT THIS RIGHTS-OF-WAY USE AGREEMENT ("Use Agreement") is dated _________________________(the "Effective Date"), and entered into by and between the Township of West Orange (the "Township"), a New Jersey Township corporation, having its address at 66 Main Street, West Orange, New Jersey 07052 and Cross River Fiber LLC (“Cross River Fiber”) with offices located at 461 Headquarters Plaza, Morristown, NJ 07960. RECITALS WHEREAS, Cross River Fiber was approved by the New Jersey Board of Public Utilities to provide local exchange and interexchange telecommunications services throughout the State of New Jersey by Order of Approval in Docket No. TE11050320 on July 14, 2011, Docket No. TE12040297 on June 18, 2012 and Docket No. TM14080906 and intends to provide telecommunication services in accordance with that Order and the rules and regulations of the Federal Communications Commis- sion and the New Jersey Board of Public Utilities; and WHEREAS, Pursuant to such authority granted by the New Jersey Board of Public Utilities, Cross River Fiber may locate, place, attach, install, operate and maintain facilities within Public Rights-of-Way for purposes of providing telecommunications services; and WHEREAS, Cross River Fiber proposes to place its Telecommunication Facilities aerially on existing utility poles or in underground conduit in the Public Rights-of-Way within the Township for the purpose of owning, constructing, installing, operating, repairing and maintaining a telecommuni- cations system. WHEREAS, it is in the best interests of the Township and its citizenry for the Township to grant consent to Cross River Fiber to occupy said Public Rights-of-Way within the Township for this purpose.