141-10 Agreement Marcella

THE TOWNSHIP OF WEST ORANGE, NEW JERSEY AND THE TOWNSHIP OF LIVINGSTON, NEW JERSEY LICENSE AGREEMENT This License Agreement (the “Agreement”) is dated as of May , 2010, and entered into by and between the Township of West Orange, New Jersey (the “Licensor”), a New Jersey Municipal Corporation and the Township of Livingston, New Jersey ( the “Licensee”), a New Jersey Municipal Corporation. RECITALS WHEREAS, the Licensor owns certain real property located at Marcella Avenue, West Orange , New Jersey (the “Property”), upon which Licensor has a water tower (the “Tower”). WHEREAS, the Licensee currently uses a portion of the Property and the Tower for the installation, use and maintenance of Licensee’s communication system equipment; and WHEREAS, the Licensor is willing to permit continued said use of a portion of the Property and the Tower in accordance with the terms below. AGREEMENT Now, therefore, it is hereby agreed by and between the parties as follows: 1. Use of the Property The Licensee shall be permitted to continue to use a portion of the Property and the Tower for the installation and operation of its communications equipment, the components of which are set forth in Exhibit “A” hereto and related purposes. The Licensee shall not be permitted to use the Property and Tower for any other purpose except by prior written consent from the Licensor. 2. Term This Agreement shall take effect upon the approval thereof by the West Orange Township Counsel and shall be for a period of twenty (20) years, cancelable by either party at anytime upon ninety (90) days written notice to the other party. Upon the expiration of the initial term, this Agreement shall be extended for five (5) additional years upon terms and conditions mutually agreeable to the parties hercto,