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

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