103-13 Bel Air Deer Deterrent - Township Access Agreement.pdf

1 103-13 342558 v3 (Bel Air 001) RIGHT-OF-WAY AGREEMENT THIS RIGHT-OF-WAYAGREEMENT (“Agreement”), dated on or as of ______________________, 201 3 (the “Effective Date”), entered into by and between the Township of West Orange (“Municipality”) a New Jersey municipal corporation, and Bel Air at West Orange Condominium Association, Inc. (“Association” or “Bel Air”), a New Jersey nonprofit corporation. RECITALS 1. Bel Air is proposing to install animal deterrent devices at its sole cost and expense along the public roadway commonly known as Kelly Drive, which devices are described in Appendix “A” attached (each a “Device” and collectively, the “Devices”). The Devices are intended to deter animals from crossing roadways when vehicles approach and are in furtherance of the health, safety and welfare of the residents of the Association and the traveling public generally. 2 . The Municipality is empowered to enter into this in accordance with N.J.S.A. 48:17-10 through N.J.S.A. 48:17-12; and 3 . It is in the best interest of the Municipality and its citizenry for the Municipality to grant consent to Bel Air to occupy said public Right-of-Way within the Municipality for this purpose; and 4 . The consent granted herein is for the non-exclusive use of the public Right-of-Way specified in Appendix “B” within the Municipality for the purpose of owning, constructing, installing, operating, and maintaining the Devices. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and obligations hereinafter set forth, the Municipality and Bel Air hereby agree to and with each other as follows: Section 1. Definitions. (a) “Bel Air” is the grantee of rights under this Agreement.