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

2 (b) “Right-of-Way” means the space in, upon, under, adjacent to or above only the public streets and roads specified in Appendix “B”. (c) “Municipality” is the grantor of rights under this Agreement and is known as the Township of West Orange, located in the County of Essex, State of New Jersey. Section 2. Grant of Consent. The Municipality hereby grants Bel Air its municipal consent for the non -exclusive use of the referenced public Right-of-Way for the purpose of owning, constructing, installing, operating, and maintaining the Devices. The consent granted herein shall be for the performance of work within the referenced Right-of-Way of the Municipality only, as specified in Appendix “B” annexed hereto. Section 3. Public Purpose. It is deemed to be in the best interests of the Municipality and its citizenry, particularly the Municipality’s residents who may utilize this public Right-of-Way for the Municipality to grant consent to Bel Air to occupy the public Right-of-Way within the Municipality for the health, safety, welfare and benefit of the public and for the purposes specified herein. Section 4. Project Description. Any construction to be undertaken for the purposes described herein shall require prior notice by Bel Air to the Municipality. Bel Air shall fully describe the construction to be undertaken and shall coordinate and work with the appropriate Municipal Department(s) before scheduling and commencing any construction including obtaining any applicable permits and/or police coverage. Prior to commencing any excavation work, Bel Air or its authorized contractor shall, if required, obtain a road opening permit from the Municipality. Section 5. Scope of Agreement. Any and all rights expressly granted to Bel Air under this Agreement, which shall be exercised at Bel Air’s sole cost and expense, shall be subject to the prior and continuing right of the Municipality under applicable laws to use any and all parts of the applicable municipal