225-18 Exhibit to Resolution Providing Consent for Crown Castle to Sublease Monopole at Recycling Center.pdf

~ - - PROPOSED 7' CHAIN LINK FENCE PROPOSED 12' _ ___c:s-< PROPOSED GATE CINGULAR WIRELESS ,,),,'" UNDERGfOUND POW!j:R AND _ _ __, CABINETS ON A CONCRETE SLAB TELCO SERVICE PROPOSED TOE*ISTING CRUSHED STONE SURFACE UTILlrPOLE PROPOSED CSCCABINET I PROPOSED METER STACK EQUJ//i NOTE: f~~s~J.=1'~"/1 / / 1. LEASE

METER STACK EQUJ//i NOTE: f~~s~J.=1'~"/1 / / 1. LEASE EXHIBITS SUBMITTED ARE A CONCEPTUAL DESIGN OF THE LEASE AGREEMENT ONLY. ACTUAL ARCHITECTIJRA!JENGINEERING CONSTRUCT JON DOCUMENTS MAY VARY TO COMPLY WITH ALL BUllO!NG CODES AND ANY UNFORESEEN CONDITIONS. 2. THE INFORMATION SHOWN IS TAKE~ FROM SITE MEASUREMENTS PERFORMED BY "lUI.AY & ILLESCAS ASSOCIATES, INC." AT THE SITE VISIT. 3. 24 / 7 ACCESS IS REQUIRED FOR SERVICE TECHNICIAN. LEASE AREA 10' X 20' = 200 SQUARE FEET 4, LOCATION SHOWN JS APPROXIMATE. FINAL LOCATION SHALL BE OETERM!NED IN THE DESIGN PHASE. 5, CONSTRUCTION DRAWING SIGN.OFF BY OWNER SHALL SUPERCEDE LEASE EXHIBIT. 6. ELECTRIC AND TELEPHONES RV!CES SHALL BE CONFIRMED PRIOR TO CONSTRUCTION PHASE. REV. NO. DATE OWG. TITLE: PROJECT NO: EQUIPMENT PLAN 05113 9/22/05 9/22/05 SITE ID: SITE ADDRESS: DRAWING NO: NJ-06-710 WEST ORANGE ,i -...:&,=---'--"9/_;:20:;./.;;0504 CLIENT: DATE: DRAWN BY: CAD 9/20/05 ~OMNIPOINT MT. PLEASANT AVE. WEST ORANGE, NJ LE-2

t11L __"[.OP Of:_ TREE J'OLE 7lf' 150' A.G.L 147'-6" TOil OF OMNIPOINT ANTENNA~ ~ 4 ANTENNAS PER SECTOR -12 T O T A ~ 137'-6"TOf OFCJNGULARANI!;!',!Nj.S lh_ 4 ANTENNAS PER SECTOR· 12 TOTAL ~· 127'-6" TO Qi OF_FUTURE ANTENNAS _6' _ 4 ANTENNAS PER SECTOR -12 TOTAL ~ 117'-6' TO Qi OF_FUTURE ANTENNAS _lh_ 4 ANTENNAS PER SECTOR· 12 TOTAL~ C,- PROPOSED 150 FT. HIGH TREE-LIKE MONOPOLE PROPOSED OMNIPOINT - - - - - PROPOSED CINGULAR CABLE BRIDGE CA'BLE·BRIDGE - - - - - - PROPOSED CINGULAR PROPOSED OMNIPOINT EQUIPMENT ON EQUIPMENT ON CONCRETE SLAB CONCRETE SLAB NEW 7' CHAIN LINK FENCE NOTE: ' 1. LEASE EXHIBITS SUBMITTED ARE A CONCEPTUAL DESIGN OF THE LEASE AGREEMENT ONLY. ACTUAL

FENCE NOTE: ' 1. LEASE EXHIBITS SUBMITTED ARE A CONCEPTUAL DESIGN OF THE LEASE AGREEMENT ONLY. ACTUAL ARCHITECTURAUENG!NEERING CONSTRUCTION DOCUMENTS MAY VARY TO COMPLY WITH ALL BUILDING CODES AND ANY UNFORESEEN CONDITIONS. 2. THE INFORMATION SHOWN IS TAKEN FROM SITE MEASUREMENTS PERFORMED av ·LUlAY & ILLESCAS ASSOCIATES, INC: AT THE SITEVlSfT. 3. 24 /7 ACCESS IS REQUIRED FOR SERVICE TECHNICIAN. . 4. LOCATION SHOWN JS APPROXIMATE.. FINAL LOCATION SHALL BE DETERMINED IN THE DESIGN PHASE. MONOPOLE ELEVATION 5. CONSTRUCTION DRAWING SIGN-OFF BY OWNER SHALL SUPERCEDE LEASE SCALE: 1"=20' EXHIBIT. 6. ELECTRIC AND TELEPHONE SERVICES SHALL BE CONFIRMED PRIOR TO CONSTRUCTION PHASE. REV. NO. DATE DWG. 1Tll.E: PROJECT NO: MONOPOLE ELEVATION 05113 9/22/05 9/22/05 Silt ,o, SITE AODREsS: DRAWING NO: !t'JMll"mJIIIOM)DBVBLO!'BllB NJ-06-710 WEST ORANGE ~m, RA.'i'OOU'H.m/W 1El\2Y!l7f9' lml4<1-= DATE: 9/20/05 9/20/05 DRAWN BY: CAD CLIENT, ~0MNIPOINT MT. PLEASANT AVE. WEST ORANGE, NJ LE-3

I , I -- / 1/IJ'; !_ (II; j I I J ~ :::::: _;1 I / \ \ I / . 'C, I l I ,_.,~, TURNrT AREA / .._____,_,., ~ ----, ,,;~)II; NOTE: 1. LEASE EXHIBITS SUBMITTED ARE A CONCEPTUAL DESIGN OF THE LEASE AGREEMENT ONLY. ACTUALARCHrTECTURAUENGINEERlNG CONSTRUCTION DOCUMENTS MAY VARY TO COMPLY WITH ALL BUILDING CODES AND ANY UNFORESEEN CONDITIONS. 2. THE INFORMATION SHOWN IS TAKEN FROM SITE MEASUREMENTS PERFORMED BY "LULAY & ILLESCAS ASSOCIATES, INC: AT THE SITE VISIT. 3. 24 / 7 ACCESS IS REQUIRED FOR SERVICE TECHNICIAN. 4. LOCATION SHOWN IS APPROXIMATE. FINAL LOCATION SHALL BE DETERMINED IN TI-IE DESIGN PHASE. ACCESS ROAD PLAN 5, CONSTRUCTION DRAWING SIGN-OFF BY OWNER SHALL SUPERCEOE LEASE SCALE: 1"=50' EXHIBIT. 6. ELECTRIC AND TELEPHONE SERVICES SHALL BE CONFIRMED PRIOR TO CONSTRUCTION PHASE. REV. NO. DA1E DWG, TITLE: PROJECT NO: ACCESS ROAD PLAN 05113 SITE ADDRESS: & 9/22/D5 SITE ID: NJ-06-710 DRAWING NO: lfu'Mt'~Vl'tCW'PBVBLOPB1S &,. WEST ORANGE -,

DRAWING NO: lfu'Mt'~Vl'tCW'PBVBLOPB1S &,. WEST ORANGE -, LE-4 9/2D/D5 AA-'-,:,01J'Jl.~m,sin'!fll~ CLIENT: MT. PLEASANT AVE. ~)..,J·= DATE: 9/2D/D5 WEST ORANGE, NJ DRAWN BY: CAfl ~OMNIPOINT

EXHIBITB CO-LOCATION AGREEMENT Ellison Avenue Site CO-LOCATION AGREEMENT This Co-Location Agreement is being entered into on this _ _ _ day of October, 2005 by New Cingular Wireless PCS, LLC ("New Cingular"), having an address at _ _ _ _ _ _ _ _ _ _ _ _ ___, and Omnipoint Communications, Inc. ("Omnipoint"), having an address at 4 Sylvan Way, Parsippany, New Jersey 07054, and the site owner, the Township of West Orange, a municipal corporation organized and existing under and by virtue of the laws of the State of New Jersey, located in the County of Essex, State of New Jersey ("Township"). WHEREAS, Township owns the Ellison Avenue Site ("Site") and has approved a lease to Omnipoint under a Ground Lease Agreement ("Ground Lease Agreement") for the purpose of constructing, managing and owning an Antenna for wireless communication purposes. WHEREAS, this Agreement addresses certain obligations among Omnipoint, New Cingular, and the Township under Ground Lease Agreement and this co-location agreement. NOW, THEREFORE, the parties to this agreement agree as follows: 1. Cellular Tree Monopole ("Monopole"). (a) New Cingular and Omnipoint shall be responsible 100% of the costs and expenses associated with their equipment or other items used for the exclusive benefit of Omnipoint or New Cingular, respectively. (b) Omnipoint shall be responsible for the removal of the Monopole or any associated parts there of and restoration of the Ellison Avenue Site, normal wear and tear exempted. New Cingular is responsible for removing all its equipment at the end of this Agreement, normal wear and tear exempted. (c) Notwithstanding the forgoing provisions of this paragraph, if any cost or expense hereunder arises from negligence or intentional misconduct of New Cingular or Omnipoint or their respective employees, agents or representatives, New Cingular or Omnipoint shall be responsible for their share of such costs and expenses in proportion to their comparative responsibility. (d) The rent, payable at the initial rate of $2,657 per month ("Initial Rent"), shall

such costs and expenses in proportion to their comparative responsibility. (d) The rent, payable at the initial rate of $2,657 per month ("Initial Rent"), shall commence no later than the earlier of the following dates: (i) forty-five (45) days 10

after issuance of a building permit; or (ii) sixty (60) days after zoning and/or planning board approval. Rent is due no later than the first of each month payable to the Township of West Orange, 66 Main Street, West Orange, New Jersey 07052, Attention: Chief Financial Officer. The Initial Rent for each year, beginning in the sixth year and continuing in each Renewal Term, will increase by five percent (5%) per annum. (e) The term of this Agreement (the "Initial Term") is ten (10) years, commencing on the date ("Commencement Date") both Licensee and the Township of West Orange has executed this Agreement. This Agreement will be automatically renewed for three (3) additional terms (each a "Renewal Term") of five (5) years each, unless Licensee provides the Township of West Orange with notice of intention not to renew. This notice must be ninety (90) days prior to the expiration of the Initial Term or any Renewal Term. 2. Subsequent Co-Licensees. (a) Omnipoint shall have the right to reimbursement for construction costs of the Monopole. However, all rents shall be payable to the Township of West Orange. Township has the sole right to negotiate the rent. For purposes hereof, the effective date of subsequent co-Licensees' obligations hereunder shall commence on the Commencement Date under each subsequent Co-Licensee's Ground Lease Agreement ("Effective Date"). (b) Prior to utilization by any subsequent Co-Locator of the Monopole for the provision of wireless telecommunications services, such subsequent Co-Locator shall sign an agreement which shall (i) be in form reasonably determined by Omnipoint, (ii) 100% of the rent is to be paid to the Township of West Orange, and (iii) Co-Locators agree to share the site development costs with Omnipoint, as specified in Paragraph 2( c) herein. (c) The Co-Locator shall pay, prior to its use of the Monopole or Monopole Site, as reimbursement to Omnipoint, an amount equal to its pro-rata share, based upon the numbers of users (i.e.) the Co-Locators and Omnipoint of the following costs and expenses (Pro Rata Reimbursement Payment):

n amount equal to its pro-rata share, based upon the numbers of users (i.e.) the Co-Locators and Omnipoint of the following costs and expenses (Pro Rata Reimbursement Payment): (i) Development, design and construction of the Monopole and Site, including, but not limited to, equipment, utility connections, access road improvement, security fence, shelter buildings, and other items to be constructed, installed or improved to bring about the full use of the Monopole and Monopole Site (collectively "initial costs"). (ii) The Co-Locator shall pay annually, at the end of each calendar year, as reimbursement to Omnipoint, an amount equal to it pro rata share of the following costs and expenses: maintenance and repair of the Monopole and Monopole Site, as reasonably determined by Omnipoint; any 11