Township of Mullica, NJ Everstream Municipal Consent

Permission and authority are hereby granted to Everstream and its successors a non-exclusive municipal consent to use existing utility poles and in utility conduits, and on replacement poles which are of a size and type equal to the poles being replaced and erected by parties that have the lawful right through municipal consent and the approval of the New Jersey Board of Public Utilities to maintain poles and conduits within the public right-of-way in the Township of Mullica for the construction, installation, operation, repair, maintenance and replacement of a fiber optic telecommunications system subject to the following conditions:

Everstream and its successors shall adhere to all applicable Federal, State, and Local laws regarding safety requirements related to the use of the public right-of-way.

Everstream and its successors shall:

(1)

Limit the right-of-way within which Everstream shall be permitted to install its fiber optic install telecommunications equipment to the routes designated on Map 1 and Map 2 attached hereto and incorporated herein as Exhibits A and B [copies of which are on file in the office of the Township Clerk], and more specifically described as being limited exclusively to those utility poles along the route from 3320 S. White Horse Pike to Elwood Road, North on Elwood Road to Moss Mill Road, west on Moss Mill Road to 4326 Moss Mill Road (Map 1) and Along the west side of Hamburg Avenue south of Moss Mill Road, south to S. White Horse Pike (Map 2).

(2)

Comply with all applicable Federal, State, and Local laws requiring permits prior to beginning construction, and shall obtain any applicable permits that may be required by the Township of Mullica, by the Township of Mullica Development Ordinances, or by the New Jersey Pinelands Commission;

(3)

Provide the Township of Mullica Construction Official/Code Enforcement Officer and Township of Mullica Township Engineer with the location of each pole and/or conduit upon or in which fiber optic facilities are proposed to be placed together with the pole identification number, the identity of the owner of pole and Geographic Information System (GIS) map;

(4)

Not install on any pole or in any conduit any device other than a fiber optic attachment which is of the size and type described in Exhibit C a [copy of which is on file in the office of the Township Clerk];

(5)

At all times comply with the terms and conditions of that certain Rights-of-Way Use Agreement between the Township of Mullica and Everstream Solutions LLC, as same may be supplemented and amended.

Everstream shall not install any new poles or replace any wood poles that are taller than the existing utility pole being replaced, nor install replacement utility poles made of steel or other non-wood material to replace an existing pole.

This grant of municipal consent is not to be construed as authorizing the erection of any new pole within the right of way nor is it to be construed as authorizing Everstream to attach to any pole, structure, or other facility owned by or under the control of the Township of Mullica or any third party other than a New Jersey public utility from which consent to attach to such pole has been granted in writing.

Notwithstanding anything to the contrary contained herein, Everstream shall adhere to the terms and conditions of the underlying easement granted to the owner of the pole by the owner of the underlying soil, and Everstream shall not overburden any existing easement.

Nothing contained herein shall pre-empt or in any way preclude or constitute a waiver of the Township's exercise of its planning or zoning powers under the New Jersey Municipal Land Use Law or other applicable law relative to the placement, regulation, zoning, or suitability of such structures within the Township.

This grant of municipal consent is limited exclusively to Everstream for its own equipment to provide services to customers using the Everstream network.

Everstream shall not install any of its telecommunication system equipment on any pole within any municipal right-of-way other than described in § A264-1B(1) of this ordinance without the express consent of the governing body of the Township through enactment of a supplemental ordinance granting such use.

This municipal consent is hereby given upon the further condition and provision that Everstream, and its successors, shall to the fullest extent permitted by law, defend, pay on behalf of, indemnify, and hold harmless the Township of Mullica, its elected and appointed officials, its contractors, agents, employees and volunteers, the Atlantic County Joint Insurance Fund, and others working on behalf of the Township of Mullica from and against any and all claims, demands, suits, or loss, including all legal and professional fees, costs and any other expenses connected therewith, and for any damages which may be asserted claimed or recovered against or from the Township of Mullica, its elected and appointed officials, its agents, employees, volunteers, the Atlantic County Joint Insurance Fund, or others working on behalf of the Township of Mullica by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arise out of this consent, except to the extent resulting solely from the acts or omissions of the Township of Mullica.

(1)

Everstream shall at all times maintain a comprehensive liability insurance policy with a single amount of at least $1,000,000 covering liability for any death, personal injury, property damage or other liability arising out of the construction and operation contemplated herein, an automobile insurance policy with combined single limits of $2,000,000 for bodily injury (including death) and property damage each occurrence, an excess liability policy (or "umbrella") policy amount in the amount of $5,000,000, and Workers Compensation insurance in compliance with the statutory requirements of the State of New Jersey. The Township of Mullica, its elected and appointed officials, its agents, employees, contractors, volunteers, and the Atlantic County Joint Insurance Fund, shall be included as an "Additional Insured" as their interests may appear under this municipal consent ordinance on all general liability policies; and Everstream shall provide the Township of Mullica Township Clerk with certificates of insurance (which shall be maintained and kept current at all times during the period of this municipal consent) and which shall provide for not less than 30 days' notice in the event of cancellation or termination; and shall also provide a copy of the Additional Insured Endorsement to such policies.

Everstream shall be responsible for the repair of any damage to paving, existing utility lines, or any surface or subsurface installations, arising from its construction, installation, or maintenance of its facilities.

Everstream and its successors shall file with the Clerk of the Township of Township of Mullica true and complete copies of all agreements between Everstream and the owner(s) of the poles to which Everstream proposes to attach.

As authorized by N.J.S.A. 48:3-15, the permission and authority hereby granted shall continue for a term of 25 years and subject to continuation of a municipal consent by the Township of Mullica granted to those parties whose poles Everstream is using and, to the extent required, approval of such municipal consent by the New Jersey Board of Public Utilities (or its successor agency).

The Mayor and the Township Clerk are authorized to execute and deliver such documents as necessary to effectuate this grant of municipal consent.

Upon final passage the Township Clerk shall send certified copies of this Ordinance to Everstream, and the New Jersey Pinelands Commission.