141-10

Z:\Resolutions\2010\141-10 Livingston License Agreement Resolution-Marcella Ave.doc 141-10 June 15, 2010 RESOLUTION WHEREAS, the Township of West Orange (“West Orange”) owns certain real property located at Marcella Avenue, West Orange, New Jersey (the “Marcella Property”), upon which West Orange has a water tower (the “Tower”); and WHEREAS, the Township of Livingston (“Livingston”) currently uses a portion of the Marcella Property and the Tower for the installation, use and maintenance of Livingston’s communication system equipment; and WHEREAS, West Orange is willing to permit Livingston to continue to use a portion of the Marcella Property and the Tower for police communications equipment; and WHEREAS, Livingston owns certain real property located at Chetwynd Terrace, Livingston, New Jersey (the “Chetwynd Property”), upon which Livingston has a water tower (“Tower 2”); and WHEREAS, West Orange desires to use a portion of the Chetwynd Property and Tower 2 for the installation, use and maintenance of West Orange’s communication system equipment; and WHEREAS, West Orange is willing to allow Livingston to use the Marcella Property at no charge provided that Livingston allows West Orange to use the Chetwynd Property for the installation, use and maintenance of West Orange’s communication system equipment; and WHEREAS, annexed hereto are two (2) forms of License Agreements to be executed by West Orange and Livingston in connection with the use of real property located at Chetwynd Terrace, Livingston and Marcella Avenue, West Orange; and WHEREAS, by Resolution R-10-136, dated May 3, 2010, the Township Council for Livingston authorized its Mayor to sign the annexed License Agreement for the Chetwynd Property; NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that the Mayor be and hereby is authorized to execute and the Township Clerk be and hereby is authorized to attest to the annexed License Agreements for the use of the real property located at Chetwynd Terrace, Livingston and Marcella Avenue, West Orange. . Karen J. Carnevale Susan McCartney Township Clerk Council President Adopted: June 15, 2010 Approved as to form on the basis of the facts provided: