Fillable Right Of Way Occupancy Permit Application With Exhibit-A (County of Morris)

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Right Of Way Occupancy Permit Application With Exhibit-A (County of Morris)

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APPLICATION FOR

MORRIS COUNTY RIGHT OF WAY OCCUPANCY

PERMIT

*This Application is to be provided only to

individuals and entities

which seek permission to install

antennas, small cells, and other wireless communication devices and associated equipment

in the County’s Right of Way

[LOGO/SEAL]

REQUIRED INFORMATION TO APPLY FOR

MORRIS COUNTY RIGHT OF WAY OCCUPANCY PERMIT

FOR PURPOSE OF INSTALLING ANTENNAS, SMALL CELLS, AND

OTHER WIRELESS COMMUNICATION DEVICES

AND ASSOCIATED EQUIPMENT

SECTION I. APPLICATION REQUIREMENTS

Construction Permits are required for Right of Way (“ROW”) occupancy associated with

Utility Installations and Maintenance, including the installation of antennas, small cells, and

other wireless communication devices and associated equipment in the County ROWs.

A. Consents and Approvals.

Submit the approvals and consents required by law, including but not limited to

• Any and all applicable Municipal approvals, including but not limited to any and all

zoning, planning, construction or other land use approvals required by the County and/or

the Municipality in which the proposed antenna is to be located.

• The Applicant bears the burden of demonstrating, with written evidence acceptable to the

County Engineer, that all municipal approvals have been obtained or that no such

approvals are required by the municipality.

• County Planning Board Approval Letter and Plans required, if applicable.

• The Right of Way Occupancy Agreement approved and executed by the Morris County

Board of Chosen Freeholders (see Exhibit A).

• Written consent of the governing body of the municipality in which the road is located,

property owner of any affected property, and/or pole owner, if and as required by law.

B. Application Form.

Submit complete ROW Occupancy Permit Application. A complete ROW Occupancy

Permit Application includes:

• A fully completed and executed Permit Application Form;

• Submission of proof of all consents and/or approvals required by Section A of these

ROW Occupancy Permit Application instructions (attach at Attachment A); and

• Submission of satisfactory proposed project plans and drawings (attach at Attachment

o The submission of satisfactory proposed project plans and drawings shall

include, but not be limited to, location maps that current county road map or

municipal tax map (3 copies), with the proposed project site clearly delineated

together with engineered drawings (3 copies) at a scale of one inch equals 50

feet.

o The proposed project site must be identified on the engineered drawings in accordance

with the New Jersey State Plane Coordinate System using NAD 1983 or the Morris

County GIS standards. All topographic features in the County Right of Way shall be

shown for the project site.

o The following information shall be shown on the engineered drawings:

 Right-of-way line from the County Road;

 Setback and location of the all proposed structures and poles;

 Curb--existing and proposed;

 Sidewalks--existing and proposed;

 Trees within County right-of-way;

 Signs--regulatory, warning, directional, and private;

 Utility poles within 500 feet;

 Locations of all lot driveways

 County Roadway electrical installations;

 Distance to nearest traffic signals

 A temporary traffic control plan for each stage of construction as may be

required at the discretion of the County Engineer

 Standard details with dimensions for all foundations, footings, antennas, utility

poles, electrical and telecommunications connections and cabinetry

SECTION II. CERTIFICATE OF INSURANCE

C. Certificate of Insurance.

Submit a Certificate of Insurance and Endorsement Page which meets the requirements

of Article VIII(c) of the Right of Way Occupancy Agreement (attached as Exhibit A),

naming the County of Morris as an Additional Insured and Certificate Holder.

Certificate Holder: County of Morris

P.O. Box 900

Morristown, NJ 07963

The Certificate of Insurance is subject to approval by County of Morris, Risk

Management Division.

SECTION III. GENERAL INFORMATION

A. Penalties.

Fines may be assessed for construction in violation of any County, State or Local laws,

Ordinances or regulations including unauthorized drainage connections.

__________________________________________________________________________________________________

Approved □

Date Road paved_____

Office of the Engineering & Transportation Morris County, New Jersey

(973) 285-6749

APPLICATION FOR RIGHT OF WAY OCCUPANCY PERMIT

Complete and submit to Division of Engineering, Administration & Records Building

10 Court Street, Morristown, New Jersey 07963-0900

NOT VALID UNLESS COUNTERSIGNED BY THE COUNTY SUPERVISOR OF ROAD INSPECTION

Date: _______________________________________ PERMIT NUMBER:___________________

Application is made by __________________________________________ Phone No. _______________________

Applicant’s address _________________________________________________________________________________

Contractor Name _________________________________________________ Phone No. _________________________

Contractor’s Address ________________________________________________________________________________

For a permit to occupy: ______________________________________________________________________________

Location of Right of Way

For purpose of: _____________________________________________________________________________________

Specify proposed work

From:__________________________________________ To:_______________________________________________

(Give approximate limits; show on diagram below)

Height: ________________Width: _______________ Depth: _________________ Square Yards:__________________

Number of poles being installed:_______________________ Size(s) of pole(s) being installed: ____________________

Number of antennas being installed: ____________________________________________________________________

Type of property to be disturbed: ______________________________________________________________________

Work will be started on ____________________________ Completed on ______________________________________

Remarks:__________________________________________________________________________________________

RULES, REGULATIONS GOVERNING ROAD OPENINGS, RIGHT OF WAY

OCCUPANCY, AND STORAGE PERMITS

Adopted by the Morris County Board of Chosen Freeholders December 5, 1985, last amended

September 27, 2017

1. It shall be unlawful for any person, firm, corporation or municipality to make any

excavation in or tear up the surface for any purpose whatsoever of any roadway or road

right of way which is under the jurisdiction of the County of Morris without a written

permit for road openings or right of way occupancy first having been obtained from the

County Engineer as hereinafter provided.

2. Any and all applications for a permit for road openings or right of way occupancy on any

roadway or road right of way, the maintenance of which is chargeable to the Board of

Chosen Freeholders of Morris County, must be made in writing. Said application is to

state the purpose of such application, namely: sewer, water, gas, telephone or any other

purpose. Permits for road openings or right of way occupancy do NOT carry any right to

make sewer, water, gas or other connections. A separate permit to make such

connections must be obtained from proper officials having jurisdiction therefore. No

permit will be issued to open any roadway or road right of way three years after the

date the roadway or road right of way was paved.

3. Individuals or entities which are granted a permit for road openings on or in any roadway

or road right of way may be required to enter into a Right of Way Agreement with the

County, which shall, among other requirements, contain insurance and indemnification

obligations. Regardless of whether the County requires such a Right of Way Agreement,

individuals or entities granted a permit for road opening shall comply with the County’s insurance

and indemnification provisions set forth in the Application for Road Opening Permit. Any and all

individuals or entities which are granted a permit for right of way occupancy on or in any

roadway or road right of way shall enter into a Right of Way Occupancy Agreement with the

County, which shall, among other requirements, require compliance with the insurance and

indemnification obligations set forth within.

4. Any and all individuals or entities which are granted a permit for road openings and/or a permit

for right of way occupancy on or in any roadway or road right of way (“Permittees”)

shall make

any and all arrangements with adjacent property owners for the removal or relocation of

any shrubs, fences, structures, trees or embankments, etc., whether they are in the

roadway or road right of way, or on private property, necessary for Permittees’

construction. Permittees shall make any and all arrangements with utility companies for

the location, relocation and protection of any of the utility companies’ installations

necessary for Permittees’ construction. Permittees shall save County harmless from any

suits or claims by any person or entity for damages to trees, shrubs, lawns, etc. caused by

Permittees or Permittees’ equipment, successors, assigns, subcontractors, agents,

servants, officers, employees, designees, volunteers, guests and invitees.

5. Permittees will be held responsible for any and all tree damage caused by the negligence

of Permittees or Permittees’ equipment, successors, assigns, subcontractors, agents,

servants, officers, employees, designees, volunteers, guests and invitees when working

along County roads or road rights of way. The County Shade Tree Division must approve

all removal of and/or work done around shade trees in the roadway or road right of way.

6. All subcontractors employed by Permittees holding permits to work on Morris County

roadways or road rights of way must submit to the County insurance certificates in the

minimum amounts required by the County of Morris and issued to the “Morris County

Board of Chosen Freeholders”.

7. Unless covered by a Municipal Corporation or Utility Agreement, a deposit of cash will

be required for each opening of the roadway or road right of way, the amount thereof to

be determined by the County Supervisor of Road Inspection. Upon completion of

project, the deposit will be returned provided no maintenance bond is required. See

Paragraph 10.

8. It shall be the duty of Permittees to properly guard any work on a roadway or road right

of way performed pursuant to a permit for road openings, right of way occupancy, or

storage by erecting suitable barriers by day and lights by night for the duration of the

work. Sufficient warning signs, and watchmen, (flagmen and/or special Officers) shall

be posted at each end of the work area to control traffic unless not deemed necessary by

the County Supervisor of Road Inspection. Coordination of traffic control shall be made

with the local police department, subject to the municipality(s) ordinances, regulations

and procedures.

9. Permittees shall be liable for any neglect to safeguard the traveling public. If the

permitted work on a roadway or road right of way extends the full width of the roadway

or road right of way, only one-half of it shall be made at one time and it shall be

backfilled before the other half is excavated, so as to maintain traffic at all times. In any

other case there shall at all times be maintained a vehicular lane. No highway or bridge

shall be encumbered for a longer period than shall be necessary to execute the work.

Pavement openings, digging, backfilling and temporary and permanent repairs must be

done in accordance with County of Morris General Specifications. Permanent repairs

shall not be made until approval has been given by the County Supervisor of Road

Inspection.

10. The County must approve any connection to or removal of portions of existing County

bridges or drainage structures located within municipal or County road or road right of

way. The surface of any County highway or bridge and any pavement or flagging taken

up by Permittees in its construction work shall be restored by and at the expense of

Permittees to at least good condition as existed before the commencement of the work

thereon, and shall thereafter be maintained at the expense of Permittees in said condition

for three years within the paved roadway or road right of way, after completion of same.

For refund of deposit, Permittees shall post a three year maintenance bond or, in lieu

thereof, enter into an Agreement with Morris County to leave twenty percent (20%) of

the deposit on deposit with the County for three (3) years.

All trenches in macadam or bituminous pavement shall be replaced with six (6) inches of

quarry process stone sub-base: five (5) inches of bituminous stabilized base course; and

two (2) inches of F.A.B.C. top course. Trenches crossing a concrete road shall be

replaced with 9 inches of Class B Concrete.

No permanent paving to be done between December 1 and April 1.

11. For any work over 15 square yards done under these Rules and Regulations, Permittees

shall submit blueprints or plans with Planning Board letter of approval, if applicable, and

if it is considered necessary or desirable, a joint general inspection of the site of the work,

with Permittees, maybe directed as to be made by the County Supervisor of Road

Inspection before the permit is issued. After the approval of the blueprint or plan, if in

the course of the proposed construction shown thereon any changes or deviations become

necessary in the work, Permittees shall, before making such changes or deviations, obtain

the County Supervisor of Road Inspection. Upon completion of the entire work, permits

shall file plans with the Supervisor of Road Inspection showing in full detail all of the

work after its completion.

12. In connection with permitted work, it shall be unlawful for any Permittee, or any

successors, assigns, subcontractors, agents, servants, officers, employees, designees,

volunteers, guests and invitees of the Permittee to place or store material of any

description whatsoever, or vehicles or other equipment by any nature whatsoever, upon

any County roadway or road right of way so as to interfere with the flow of water along

the gutters or to interfere with traffic on such roadway or road right of way without first

having obtained a permit for such storage. The permit shall state the approximate quantity

of material or the number of vehicles or equipment to be stored and the time of such

storage and the same shall be guarded as set forth in Section B.

13. No excavation shall be opened for a distance of more than two hundred feet any one time.

All excavations shall be properly backfilled and all equipment shall be removed from the

public right-of-way at the end of each day's work and during periods of heavy traffic, and

at such times as may be required for non-interference with snow removal, and at such

times as directed by the Supervisor for Road Inspection.

Metal plates capable of supporting traffic loads shall be used to temporarily cover road

opening at such times and at such places as shall be designated by the Supervisor of Road

Inspection. When so used, metal plates must be adequately ramped, to avoid the

possibility of displacement; however plates must be removed on the weekend, if allowed

plates must be flush mount during winter months December 1 — April 1.

14. Unless an emergency exists, no work shall start before 9:00 A.M. of each work day and

all equipment and materials must be moved off the roadway or road right of way and the

roadway or road right of way swept clean by 4:00 P.M. unless otherwise noted on front of

permit. Unless Road Inspection has issued prior authorization and unless Permittee has

provided a letter agreeing to Inspection Fees, no work shall be permitted on Saturdays,

Sundays, holidays, definitely when roadway or road right of way is snow or ice

covered, or after asphalt plants have stopped making stabilized base. Emergency

roadway or road right of way openings (gas or water leak, sewer stoppage, etc.) shall be

reported to the County Supervisor of Road Inspection on the next regular work day and

all permit requirements met as requested by said Supervisor. Work extending beyond

9:00 A.M. — 4:30 P.M. will result in inspection compensation at the rate of $100/Hr.

15. All services installations shall be bored or jacked under the roadway or road right of way

whenever possible. Tunneling will not be permitted under any circumstances and shall be

unlawful exercise of the privilege under any such permit and a violation thereof.

All utilities shall cross under all existing County drains and roadway or road right of way

intersections at a minimum depth of five feet below grade. Care shall be exercised in all

crossing of any County drains. Any damage to drains shall be repaired by

contractor/applicant immediately at his own proper expense, and work on remainder of

job shall be suspended until drain is repaired and is in working order. POWER LINE

ducts at roadway or road right of way crossings must be encased in RED CEMENT and

installed at a minimum depth of 5 feet below grade. POWER LINE ducts at locations

other than roadway or road right of way crossings may be SAND ENCASED but must be

installed at a minimum depth of 4 feet below grade.

All house laterals shall be run in to the property lines one foot beyond the County

roadway or right-of-way.

16. The issuance of a permit does not waive the obtaining of any or all Federal, State or

Municipal permits including environmental permits for stream encroachments or

wetlands.

17. This permit is valid for as long as insurance is in effect. Failure to adhere to conditions

set forth herein shall void the permit.

18. The County Supervisor of Road Inspection is charged with the enforcement of all the

provisions of these Rules and Regulations and is the agent acting for the Board of Chosen

Freeholders.

19. Any person, firm, corporation, municipal or private utility violating these rules and

regulations shall be subject, upon conviction, to a fine not exceeding $200.00 per day for

each and every day the violation exists, and civil action for the cost of prosecution as well

as civil action for trespass to remove the non-conforming use.

20. The following Rules and Regulations govern and apply solely to requests and/or

applications for Right of Way Occupancy Permits to install antenna, small cells, and

other wireless communication devices and associated equipment in the roadway or road

right of way, either on existing or new poles. The following Rules and Regulations are

not meant to apply to small cell sites, other similar wireless communication devices and

associated equipment or macrocell sites mounted on tall antenna structures including but

not limited to monopoles or lattice towers that are inappropriate for installation in the

County’s Rights of Way, but rather only to installations on utility-type poles. The

County has also determined that it will not permit any installations on traffic signal poles

or stanchions:

a. General Requirements. Notwithstanding any other County law to the contrary, no

antenna(s), small cell(s), or other device(s) for wireless communication

(“antenna”) or pole(s) for the purposes of supporting an antenna (“antenna pole”)

may be installed in the County’s roadway or road right of way except in

accordance with this Section.

i. No antenna(s) or antenna pole(s) may be installed in the County’s

roadway or road right of way unless and until there is a Right of Way

Occupancy Agreement, approved and executed by the County, that

specifies, at a minimum, the proposed height, width, location, and general

design of any and all proposed antenna(s), antenna pole(s), and any

associated wires, conduits, cabinets, fixtures, facilities, or other

equipment. Following the full execution of such an Agreement, the

installation of the proposed antenna(s) and/or antenna pole(s) shall be

coordinated with and subject to approval by the County Engineer.

ii. No antenna(s) or antenna pole(s) may be established in the County’s

roadway or road right of way without the consent of the governing body of

the municipality, property owner, and/or pole owner, as required by law.

In addition, the installation of any antenna(s) or antenna pole(s) in the

County’s roadway or road right of way shall be subject to and conditioned

upon the receipt of any and all zoning, planning, or other land use

approvals required by the municipality in which the proposed antenna is to

be located. The applicant of any proposed antenna(s) or antenna pole(s)

shall bear the burden of demonstrating, with written evidence acceptable

to the County Engineer, that all municipal approvals have been obtained or

that no such approvals are required by the municipality.

iii. Any antenna(s) or antenna pole(s) established in the County’s roadway or

road right of way shall be designed and camouflaged to mitigate visibility

and blend in with the area in which the proposed antenna or antenna pole

will be located. Any antenna(s) or antenna(s) pole established in the

County’s roadway or road right of way shall comply with all applicable

standards established by the American Association of State of Highway

Transportation Officials (AASHTO), County Engineering Design

Standards, and all generally applicable building, structural, electric, and

other standards related to health, safety, and welfare.

b. Co-Location of Antennas on Existing Utility or Antenna Poles. The applicant of

any antenna proposed to be co-located on an existing utility or antenna pole in the

County’s roadway or road right of way must demonstrate by clear and convincing

technical evidence that inability to install an antenna at a proposed location would

prohibit or have the effect of prohibiting the provision of telecommunications or

personal wireless service. In the event that an antenna is co-located on an existing

utility or antenna pole, the antenna shall be no greater than ten percent (10%) or

ten (10) feet higher, whichever is less, than the height of the existing utility or

antenna pole (excluding any antenna or other fixture extending above the top of

the pole), except as otherwise required by law. Any facility supporting or

associated with the establishment of an antenna on an existing utility or antenna

pole shall be no greater than 20 square feet and no greater than 2 feet in width.

c. Establishment of Antenna Poles. The applicant of any antenna pole proposed to

be established within the County’s roadway or road right of way must

demonstrate by clear and convincing technical evidence that co-locating a

proposed antenna on an existing utility or antenna pole would prohibit or have the

effect of prohibiting the provision of telecommunications or personal wireless

service. An antenna pole established in the County’s roadway or road right of

way shall be no greater than ten percent (10%) or ten (10) feet higher, whichever

is less, than the height of the nearest existing utility or antenna pole (excluding

any antenna or other fixture extending above the top of the pole) within 50 feet,

and in no event shall the antenna pole be greater than 60 feet in height. An

antenna established on the antenna pole shall be no greater than ten percent (10%)

or ten (10) feet higher, whichever is less, than the antenna pole itself. Any facility

supporting or associated with the establishment of an antenna on an antenna pole

shall be no greater than 20 square feet and no greater than 2 feet in width. In no

event shall more than 10 antenna poles be established with the County’s roadway

or road right of way per one (1) mile, and in no event shall more than 2 such poles

be established per 500 feet. Further, in no event shall any antenna pole be

established within 50 feet of another antenna pole. Any utility pole established in

the County’s roadway or road right of way shall be set back from the roadway

travel edge at least 8 feet.

d. Finality and Appeals. Any decision under this Section by the County Engineer

shall be final, and appealable in accordance with R. 4:69 of the New Jersey Rules

of Court.

The Applicant agrees to comply with the rules and regulations printed above as well as

all laws, ordinances and resolutions, relating to said work, and the acceptance of the permit shall

be deemed an agreement to abide by all its terms and conditions.

The Applicant further agrees that in the event it shall cause, through negligence, improper

action or omission while the work is in progress or after completion, the county to incur costs in

order to rectify any problem, said costs shall be paid by the Applicant. The Applicant agrees that

he is liable for charges incurred by the County.

Signed (Applicant) ________________________________

Name (printed) ___________________________________

Title ___________________________________________

By Signing Permit you are agreeing to Rules and

Regulation

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EXHIBIT A

RIGHT OF WAY OCCUPANCY AGREEMENT

___________________________________

RIGHT OF WAY OCCUPANCY AGREEMENT

BETWEEN

THE COUNTY OF MORRIS

AND

(Applicant)

Dated:

RIGHT OF WAY OCCUPANCY AGREEMENT

This AGREEMENT (“Agreement”), made as of the ___ of __________, ______ (the

“Effective Date”) by and between The County of Morris, having mailing address of Court Street,

P.O. Box 900, Morristown, State of New Jersey, 07963-0900 (hereinafter designated as the

“County”); and ____________________________, with a principal place of business located at

_____________________ (hereinafter designated as “Developer”). County and Developer from

time to time shall each be referred to individually as a “Party” and collectively as the “Parties.”

WITNESSETH:

WHEREAS, Developer wishes to attach and/or install antenna, small cell, or other device

for wireless communication and/or a pole for the purposes of supporting an antenna in a Right of

Way; and

WHEREAS, the County is willing to consent to Developer installing and maintaining an

antenna(s) and/or antenna pole(s) in a Right of Way to the extent the County is lawfully

permitted to do so.

NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions

herein contained, the parties do hereby mutually covenant and agree as follows:

ARTICLE I

DEFINITIONS

As used herein, the following terms, when capitalized, shall have the following

meanings:

(a) “Antenna” means an antenna, small cell, or other device for wireless

communication and any associated wires, conduits, cabinets, fixtures, facilities, or other

equipment.

(b) “Antenna Pole” means a pole established for the purposes of supporting an

Antenna, and any associated wires, conduits, cabinets, fixtures, facilities, or other equipment.

all present or future federal, state, and local, provincial and foreign, civil and criminal laws,

regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative

orders issued, adopted, or promulgated by any Governmental Authority (defined below), which

governs, regulates, or affects any act, right, agreement, or obligation set forth herein or arising

directly or indirectly herefrom, including but not limited to, the Telecommunications Act of 1996

(47 U.S.C. §224, et seq.), the National Electrical Safety Code, the regulations promulgated by

the Federal Communications Commission (hereinafter “FCC”), and the Morris County Road

Opening Permit Requirements.

(d) “Development” means the construction, reconstruction, conversion, structural

alteration, relocation, enlargement, maintenance, attachment, or installation of any antenna,

antenna pole, or other structure, or of any excavation or landfill, and any use or change in the use

of any antenna, antenna pole, or other structure, or Right of Way or extension of use of Right of

Way.

(e) “Governmental Authority” means any applicable federal, state, local, provincial,

foreign, or other governmental, legislature, regulatory or administrative agency, commission,

official, department, board, or other governmental subdivision, court, tribunal, arbitral body, or

other governmental body.

(f) “Right of Way” means the areas devoted to passing over, on, through or under

lands as part of a way for such purpose, that are under the jurisdiction of the County. This term

shall not include municipal, state, or federal rights of way or any property owned by any person,

agency or entity other than the County, except as provided by applicable Laws or pursuant to an

agreement between the County and any such person or entity.

ARTICLE II

INSTALLATION OR ATTACHMENT OF POLES

(a) Any and all rights expressly granted to Developer under this Agreement, which

shall be exercised at Developer’s sole cost and expense, shall be subject to the prior and

continuing right of the County under Applicable Laws to use any and all parts of the Right of

Way exclusively or concurrently with any other person or entity and shall be further subject to all

deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of

title of record which may affect the Right of Way. Nothing in this Agreement shall be deemed to

grant, convey, create, or vest in Developer a real property interest in land, including any fee,

leasehold interest, or easement. Any work performed pursuant to the rights granted under this

Agreement shall be subject to the reasonable prior review and approval of the County.

(b) Subject to the conditions and terms set forth in this Agreement, the County hereby

authorizes, consents and permits Developer to enter upon the Right of Way and to [add

description of development: attach, install, maintain, and/or remove the Antenna(s) and/or

Antenna Pole(s)] within the Right of Way at locations illustrated in the enclosed project

drawings attached hereto as Exhibit A.

Agreement, shall not interfere in any manner with the existence and operation of any and all

public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles,

aerial and underground electrical and telephone wires, electroliers, cable television, and other

telecommunications, utility, or municipal property, without the express written consents or

approvals of the governing body of the municipality with jurisdiction over the affected property,

property owner(s)

of the affected or abutting property, and/or pole owner as required by Applicable

Law or this Agreement

. The County agrees to require the inclusion of the same or a similar

prohibition on interference as that stated above in all agreements and franchises the County may

enter into after the Effective Date with other information or communications providers and

carriers.

(d) In consideration of the right to being granted herein by the County, the County

shall receive the benefit of enhanced telecommunications services.

ARTICLE III

TERM

This Agreement shall be for an initial term of fifteen (15) years (“Initial Term”) to

commence on the Effective Date. The County grants Developer the right to renew this

Agreement for up to three (3) additional terms (each a “Renewal Term”) of five years each. The

right to renew shall be exercised by written notice from Developer to the County one year prior

to the end of the current term. Upon receipt of Developer’s notice, the County may cancel or

modify such permission and authority affected at the end of the currently effective term.

Notwithstanding the foregoing, either party may cancel or modify such permission and authority

affected at the end of the currently effective term. Upon expiration of such consent and the end

of the Initial or Renewal Term, or at such earlier date that Developer ceases to maintain its

facilities, Developer shall remove the facilities at its costs and expense. Nothing herein shall be

deemed to be a waiver of Developer’s rights under law.

ARTICLE IV

OPERATIONAL RULES

(a) Developer will be solely responsible for obtaining any and all real property

easements, rights-of-way, permissions, and consents, and any other required consents from third

parties, including but not limited to the necessary express written consents of abutting property

owners and/or municipalities having jurisdiction, as required by law, as are required in order to

install, use, operate, and maintain the Antenna and/or Antenna Pole attached to or installed on

the property of third parties and/or to perform any right or act under this Agreement. All costs

associated with obtaining such easements, rights-of-way, permissions, and consents, including

but not limited to legal, engineering, and administrative costs, will be borne solely by Developer.

(b) Prior to commencement of the Development set forth herein, Developer will

obtain at its sole expense any required agreements, permits, licenses, certificates, and/or consents

from Governmental Authorities, including but not limited to obtaining any and all zoning,

planning, or other land use approvals required by the municipality in which the proposed antenna is

to be located,

all necessary approvals required by the Morris County Planning Board, if any, and

a County Right of Way Occupancy Permit. Developer shall keep and maintain any and all

required permits, licenses, certificates, or consents from Governmental Authorities as are

necessary in order to continue to use and maintain the Antenna and/or Antenna Pole attached to

or installed on the property of third parties and to properly carry-out and fulfill any obligation(s)

under this Agreement, and shall comply with all Applicable Laws in performing any act of

fulfilling any obligation arising from, directly or indirectly, this Agreement. All costs associated

with obtaining such required agreements, permits, licenses, certificates, and/or consents from

Governmental Authorities, including but not limited to legal, engineering, and administrative

costs, will be borne solely by Developer.

herein, Developer shall comply with all applicable Federal, State, County, and Municipal laws,

statutes, rules, and regulations, including but not limited to (i) the County’s Rules, Regulations

Governing Road Opening, Right of Way Occupancy, and Storage Permits, (ii) the County’s Land

Development Standards, and (iii) requirements of the National Electrical Safety Code for proper

bonding, grounding, clearances, guying, anchoring, and installing of its Antenna or Antenna

Pole.

(d) Prior to commencement of any Development, Developer shall submit all

construction permits required by law to the County Engineer.

(e) Developer warrants that its Antenna and/or Antenna Pole will be maintained in

good operating condition as defined by any applicable industry standards, and in accordance with

any and all Applicable Laws. Developer agrees that all required maintenance shall be performed

by Developer personnel or by contractors acceptable to Developer. Except in the event of an

emergency, maintenance work will be performed within four (4) business days following

Developer’s notification requesting such maintenance.

(f) The County reserves the right at all times to reasonably specify the type and

methods of design, construction, and maintenance of the Antenna and/or Antenna Pole.

(g) The Developer agrees to pay to the County the reasonable costs incurred by the

County for administrative, engineering, and or legal review, analysis and preparation of

documents related to the Developer’s application for a Right of Way Occupancy Permit. [JIM –

should we add a time period for payment following the delivery of an invoice?].

ARTICLE V

TERMINATION

(a) Notwithstanding anything to the contrary set forth in this Agreement, Developer

or the County may cancel this Agreement in whole or in part as applicable to any location at

which there is an attachment to the property of third parties upon sixty (60) days prior written

notice, or as otherwise set forth herein, if: (a) Developer is unable to obtain and/or maintain any

permits, licenses, certificates, and/or consents that may be required by any Governmental

Authority and which are necessary in order to attach, use, and maintain the relevant Antenna

and/or Antenna Pole, and/or (b) the location is or becomes unacceptable or unnecessary in

Developer’s sole discretion due to Developer’s design or engineering specifications for its

Antenna and/or Antenna Pole or due to any engineering specifications or other requirements

imposed by the County under this Agreement.

(b) Notwithstanding anything to the contrary set forth in this Agreement, the County

may terminate this Agreement immediately, following any applicable notice and cure provisions

expressly set forth herein, if Developer fails to comply with the provisions of this Agreement.

Any termination of one Agreement shall not affect the validity or existence of any other

Agreements.

will cause to be removed by Developer personnel, or Developer approved contractors, its

antennas, antenna poles, equipment, attachments, facilities, and other improvements and

Developer shall restore the Right of Way to its original condition.

(d) Upon Developer’s termination of this Agreement as provided in this Article or

elsewhere in this Agreement, all Developer’s obligations to the County shall terminate except for

Developer’s obligations as set forth in Articles 5, 8, and 12 hereunder.

ARTICLE VI

FORCE MAJEURE

Neither Party shall be liable for any delay or failure in performance under this Agreement

to the extent that such failure or delay is caused by acts of God, acts of civil or military authority,

government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires,

explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, or

other environmental disturbances, unusually severe weather conditions, inability to secure

products or services of other persons or transportation facilities, or acts or omissions of

transportation or common carriers, and other matters beyond the control of the Party. If any

force majeure condition occurs, the Party delayed or unable to perform shall give immediate

notice to the other Party and shall take reasonable steps to correct and mitigate the force majeure

condition and its effects. During the pendency of the force majeure, the duties of the Parties

under this Agreement which are affected by the Force Majeure condition shall be suspended and

shall resume without liability thereafter.

ARTICLE VII

ASSIGNMENT

Developer will not assign or transfer this Agreement without the prior written consent of

the County, which consent will not be unreasonably withheld except that Developer may assign

this Agreement to any party controlling, controlled by, or under common control with Developer

without the County’s consent, or to any party which acquires all or substantially all of the assets

of Developer in the market as defined by the Federal Communications Commission in which the

County is located (“Permitted Transfer”), provided, that within a reasonable time after such

assignment, Developer shall furnish the County with written notice of such assignment certifying

that such assignee assumes all of the Developer’s obligations hereunder as set forth herein.

Developer shall remain principally responsible for the performance of any obligations set forth

herein, notwithstanding any assignment hereunder, other than a Permitted Transfer.

ARTICLE VIII

INDEMNIFICATION AND INSURANCE

(a) Definitions

For purposes of this Article VIII only, the following definitions shall apply:

“Developer” shall mean Developer, its successors, assigns, subcontractors, agents,

servants, officers, employees, designees, volunteers, guests and invitees (collectively

“Developer”). For purposes of this Article VIII, “subcontractors” is expressly not limited to

those persons or entities that may have entered into a written agreement with Developer, but

includes any person or entity undertaking any work or performance for the benefit of Developer

in furtherance of the purposes of this Agreement.

The “County” shall mean the County of Morris, its elected officials, officers, Freeholders,

employees, professionals, volunteers, servants and agents, as well as any of its agencies,

departments, divisions, bureaus, or offices (collectively, the “County”).

“LOSS” shall include, but is not limited to claims, liabilities, duties, obligations, debts,

demands, allegations, causes, causes of action, counterclaims, cross-claims, liens, suits, dues,

sums, and sums of money, bills, accounts, reckonings, bonds, specialties, rights of indemnity,

rights of subrogation, injunctive relief, exonerations, covenants, contracts, controversies,

agreements, promises, acts, omissions, trespasses, variances, damages, judgments,

compensations, contributions, set-offs, reimbursements, restitution, extents, costs, expenses,

penalties, damages, settlement costs, charges, professional fees, exposures, executions, and

attorneys’ fees, of any nature whatsoever, whether in law, in equity, in admiralty, or otherwise,

whether accrued or unaccrued, known or unknown.

(b) Indemnity

Developer shall defend, indemnify and hold the County harmless from and against any

LOSS arising out of, relating to, or resulting from Developer’s performance pursuant to this

Agreement, including, without limitation, any LOSS involving a request for relief of any kind,

whether at law or in equity, civil or criminal, whether sounding in tort, contract, equity, nuisance,

trespass, negligence or any other cause of action or relief of any sort, including claims,

allegations or demands for punitive damages, declaratory judgment, injunctive relief, bodily

injury, medical monitoring, mental injury or anguish, emotional distress, property damage, loss

of use of property, or diminution of value of property, whether accrued or unaccrued, known or

unknown.

Developer hereby agrees to assume the entire responsibility and liability for any and all

LOSS caused by or resulting from or arising out of any alleged or actual act or omission, neglect

or negligence, or agreement on the part of the Developer which in any way touches or concerns

this Agreement, whether covered by the insurance specified elsewhere herein or not. It is hereby

specifically stated to be the intention of Developer and the County to have this provision and

these terms interpreted in the broadest legally permissible fashion in favor of the County, and in

such way as to provide the County with the greatest possible protection. It is anticipated by

Developer and the County that this protection will be provided by the purchasing of appropriate

insurance, but the non-availability of insurance shall not relieve Developer of the obligations set

forth herein.

Without any limitation to the obligations set forth herein, Developer further agrees that

Developer’s defense, indemnification and hold harmless obligations to the County (1) shall

extend to LOSS involving any alleged or actual imputed or vicarious liability of Developer that

arises out of any alleged or actual act, negligence, omission or agreement of the County,

Developer or any person or entity for whom Developer may be responsible; (2) shall extend to

LOSS as to which Developer and the County may each be alleged to be or found jointly,

severally, or concurrently liable (as between them or them and others) for negligence or other

fault or liability arising from the same state of facts; (3) shall extend to any LOSS where the

County is alleged to be or found negligent and/or at fault and is or may be held liable to any

other party, and the fact that the County is alleged to be or may be held liable for such LOSS

shall not abrogate the obligations of Developer pursuant to this Article VIII; and (4) at the

County’s discretion and demand, shall include Developer assuming the defense of the County

(including all attorneys’ fees and litigation costs) using attorneys acceptable to the County,

which acceptance shall not be unreasonably withheld. The only exception to the scope of

Developer’s indemnification and hold harmless obligations to the County is where New Jersey

Statute(s) prohibit indemnification for its sole negligence; but this will not abrogate Developer’s

defense obligations to the County, which shall exist up to such time as there is a finding by a

judge or jury that the County’s liability is due entirely to its sole negligence.

Developer shall provide, at its own cost and expense, the following insurance to the

County, which insurance shall be evidenced by certificates, declaration pages, and endorsements

as required by the County. The insurance shall be maintained in full force and effect covering a

period matching the Term of this Agreement as set forth in Article VIII herein. It is specifically

acknowledged and agreed that the obligations imposed on Developer to provide such insurance

and documentation as specified in this Article VIII are material terms and conditions of this

Agreement, and the County may, at its discretion, direct Developer to cease all operations and/or

suspend any permits or permissions under this Agreement until the required insurance and

documentation are provided.

The insurance shall be provided by an entity authorized to write insurance in the State of

New Jersey and rated “A:VII” or better by A.M. Best.

Certificates of insurance, declaration pages and endorsements shall be delivered to the

County of Morris, Risk Management Division, prior to the commencement of the project

identified in Article II herein. However, failure to obtain the required documents prior to the

work beginning shall not waive Developer’s obligation to provide them. The County reserves the

right to require complete, certified copies of all required insurance policies, including

endorsements, required by this Agreement at any time. All certificates of insurance shall state

that the County is named as “an additional insured” under all required insurance policies. Filing

of the certificates of insurance, declarations pages and endorsements with the County shall not be

deemed approval by the County of the insurance or documentation provided or listed. The

County reserves all rights to contest, challenge, reject or otherwise dispute the validity of

insurance or documentation provided by Developer. Filing of the certificates of insurance,

declarations pages and endorsements does not in any way abrogate Developer’s indemnity

obligations as set forth in this Article VIII. Developer’s indemnity obligations are independent of

the requirement to maintain insurance.

The insurance obligations under this Article VIII shall be: (1) all the insurance coverages

and/or limits carried by and/or available to the Developer; or (2) the minimum insurance

coverage requirements and/or minimum required limits shown in this Agreement, whichever is

greater. Any insurance coverage or limits in excess of or broader than the minimum required

coverage and/or minimum required limits, which are applicable to a given LOSS, shall be

available to the County. No representation is made that the insurance requirements of this

Agreement are sufficient to cover the obligations of the Developer under this Agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage must be at least as broad as:

1) Worker’s Compensation and Employers Liability Insurance. Developer

shall provide proof of Worker’s Compensation Insurance and be in

compliance with the Workers’ Compensation Law of the State of New

Jersey. In the event any work is sublet, Developer shall require the

subcontractor similarly to provide Worker’s Compensation Insurance for

all of the latter’s employees to be engaged in such work unless such

employees are covered by the protection afforded by the Developer’s

Workers’ Compensation Insurance. Employer’s Liability: Limit of

liability shall be a minimum of $500,000, in accordance with New Jersey

Statute.

2) Comprehensive General Liability. Comprehensive general liability

(“CGL”) insurance ISO form CG 00 01, covering CGL on an

“occurrence” basis, including products and completed operations, property

damage, bodily injury, and personal and advertising injury with limits no

less than $2,000,000 per occurrence. If a general aggregate applies, either

the general aggregate limit shall apply separately to this project/location

(using ISO forms CG 25 03 or CG 25 04) or the general aggregate limit

shall be twice the required occurrence limit.

3) Automobile Liability. Automobile liability insurance covering claims for

bodily injury and property damage arising from all owned, hired and non-

owned vehicles with limits of not less than $1,000,000 combined single

limit.

The County shall be named as an “additional insured” utilizing a form at least as broad as

Form CG 20 10 11 85 or, if not available, through the addition of both CG 20 10 10 01 or

earlier editions, and CG 20 37 10 01.

For any LOSS related to this Agreement, Developer’s insurance shall be primary

coverage at least as broad as CG 20 10 04 13 as respects the County. Any insurance or self-

insurance maintained by the County shall be excess of all insurance policies maintained by the

Developer (including primary, umbrella and excess policies) and shall not contribute with

Developer’s insurance.

Developer hereby grants to the County a waiver of any right to subrogation which any

insurer of Developer may acquire against the County by virtue of the payment of any LOSS

under such insurance. Developer agrees to obtain any endorsement that may be necessary to

effect this waiver of subrogation, but this provision applies regardless of whether or not the

County has received a waiver of subrogation endorsement from the insurer.

Self-insured retentions must be declared to and approved by the County. The County, at

its discretion, may require Developer to purchase coverage with no retention, a lower retention,

or provide proof of the ability to cover any LOSS. At the County’s discretion, it may require

that Developer’s insurance policy be endorsed to provide that the self-insured retention may be

satisfied by Developer or the County. In the event that the County satisfies any or all of any

retention, Developer will immediately reimburse the County in the amount paid, plus interest

assessed from the date of payment by the County to the date of reimbursement by Developer.

Developer shall require and verify that all subcontractors maintain insurance meeting all

the requirements stated herein, and Developer shall ensure that the County is an additional

insured on insurance required from subcontractors. For CGL coverage, subcontractors shall

provide the County ongoing and completed operations coverage utilizing the same forms as

Developer or forms at least as broad as the insurance required to be provided to the County by

Developer.

Each insurance policy required above shall provide that coverage shall not be cancelled,

except with prompt notice to the County. If Developer receives notice of cancellation or

material change in the polices, notice thereof shall be given to the County Purchasing Agent by

certified mail, return receipt requested. All such notices shall name the County.

ARTICLE VIII

NOTICES

All notices, requests, demands, and other communications hereunder (other than routine

operational communications) shall be in writing and shall be deemed given if personally

delivered or mailed, certified mail, return receipt requested, or sent by recognized overnight

courier. All notices or other communications under this Agreement shall be sufficient if

addressed as follows:

To the County: County of Morris

PO Box 900, 10 Court Street

Morristown, NJ 07963-0900

Attn: John Bonanni, County Administrator

cc John Napolitano, County Counsel

To Developer: [To Be Added]

COUNTY’s emergency contact: COUNTY Administrator 973-285-6040

DEVELOPER’s emergency contact:

Network Operations Center: 1-800-264-6620

ARTICLE IX

DEFAULT

If either Party is in default under this Agreement for a period of sixty (60) days following

receipt of written notice from the non-defaulting Party, then the non-defaulting Party may pursue

any remedies available to it against the defaulting Party under applicable law, including, but not

limited to, the right to terminate this Agreement. If the default may not reasonably be cured

within a sixty (60) day period, this Agreement may not be terminated if the defaulting Party

commences action to cure the default within such sixty (60) day period and proceeds with due

diligence to fully cure the default.

ARTICLE X

ENVIRONMENTAL HEALTH AND SAFETY

Developer shall comply with all Applicable Laws governing the Development or

Developer’s protection of human health, safety, and the environment as it pertains to the

Developer’s operation of any Antenna and/or Antenna Pole.

ARTICLE XI

MISCELLANEOUS

(a) This Agreement shall apply to and bind the heirs, successors, executors,

administrators, and permitted assigns of the Parties to this Agreement.

(b) This Agreement is governed by the laws of the State of New Jersey.

agreement between the Parties and supersedes all prior written and verbal agreements,

representations, promises, or understandings between the Parties; any amendments to this

Agreement must be writing and executed by both Parties.

(d) If any provision of this Agreement is invalid or unenforceable with respect to any

Party, the remainder of this Agreement or the application of such provisions to persons other

than those as to whom it is held invalid or unenforceable, will not affected and each provision of

this Agreement will be valid and enforceable to the fullest extent permitted by law.

(e) Should the County be the prevailing Party in any action or proceeding to enforce

the terms of this Agreement, the County is entitled to receive its reasonable attorney’s fees and

other reasonable enforcement costs and expenses from the non-prevailing Party. Should the

County be the non-prevailing Party, under no circumstances may the prevailing Party receive

reasonable attorney’s fees and other reasonable enforcement costs and expenses from the

County.

(f) The rights granted by County to Developer pursuant to this Agreement shall be

exercised by the Developer subject to any Applicable Laws affecting the County or Developer.

(g) Developer acknowledges that the County may heretofore have entered into

agreements and arrangements with third parties regarding the Right of Way covered hereby. All

rights and privileges granted to Developer hereunder shall be subject to such agreements and

arrangements. Nothing contained herein is intended to limit the County’s right to enter into

agreements and arrangements with other third parties regarding the Right of Way covered

hereby.

(h) The article, section, and exhibit headings contained in this Agreement are solely

for the purpose of reference, and are not part of the agreement of the Parties and shall not in any

way affect the meaning or interpretation of this Agreement.

(i) To the extent that there is any conflict between the terms of this Agreement and

the terms of the Right of Way Occupancy Permit, this Agreement shall control, and nothing set

forth in the Right of Way Occupancy Permit shall alter, supersede, or otherwise invalidate any

provision of this Agreement.

[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first

above written.

Witness/Attest: THE COUNTY OF MORRIS

Print:

Title:

Date: Date:

Witness/Attest: DEVELOPER

Print:

Title:

Date: Date:

STATE OF NEW JERSEY )

) SS

County OF MORRIS )

I certify that on ___________, 20__, ______________, personally came before me and

this person acknowledged under oath to my satisfaction that:

(a) this person is the Clerk of the Morris County Board of Chosen Freeholders;

(b) this person is the attesting witness to the signing of this Agreement by

______________, the Freeholder Director;

Freeholders as its voluntary act dully authorized by a proper resolution of the

Board.

Signed and Sworn to before me on

Notary Public

NOTARY ACKNOWLEDGMENT

State of _____________________ )

)SS

County of ___________________ )

On this _____ day of __________, 20__, before me personally appeared:

________________, personally known to me or proved to me on the basis of satisfactory

evidence to be the individual whose name is subscribed to the within instrument and

acknowledged to me that _____ (he/she) executed the same in _____ (his/her) capacity as

_________________ (position), that by _____ (his/her) signature on the instrument, the

individual, or the entity, ________________________ (company), upon behalf of which the

individual acted, executed the instrument, and that such individual made such appearance before

the undersigned in the _______________________, County of _______, State of ___________.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal

at my office in said County and state of the day and year first above written.

Notary Public of ______________

EXHIBIT A

PROJECT DRAWINGS

ATTACHMENT A

ATTACH REQUIRED CONSENTS AND/OR APPROVALS

ATTACHMENT B

ATTACH PROJECT PLAN AND DRAWINGS

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