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

/JJ - oro · 7 / 0£ /J:>PW /11f. p(easQIYJJ-/M GROUND LEASE AGREEMENT BETWEEN THE TOWNSHIP OF WEST ORANGE AND OMNIPOINT COMMUNICATIONS, INC. ("LICENSEE") CONCERING ELLISON AVENUE SITE 1. Premises and Use. Township of West Orange leases to Omnipoint Communications, Inc. the following site: Portion of property owned by the Township of West Orange situated adjacent to the West Orange Recycling Center, on Mt. Pleasant Avenue opposite Ellison Avenue, West Orange, known as Block 170, Lot 5.01 on the West Orange Tax Map, as shown on attached Exhibit A ("Ellison Avenue Site") shall be for the purpose of erecting a 150 foot cellular tree monopole and installing a pad to house the Licensee's necessary equipment ("Communication Facility"). Licensee shall have access to the Site across Lenape Trail. The Licensee will have reasonable access thereto and to the appropriate source of electric and telephone facilities, at Licensee's sole cost and expense. The Site will be used by Licensee the purpose of constructing, installing, removing, replacing, modifying, maintaining and operating, at its sole cost and expense a wireless communication facility. This shall include without limitation, antenna equipment, cable wiring, and related fixtures. Licensee will have access to the Site twenty-four (24) hours per day, seven (7) days per week. All approvals and construction shall be in conformance with all applicable laws. 2. Term. The term of this Agreement (the "Initial Term") i£ ten (I 0) years, commencing on the date ("Commencement Date") both Licensee and the Township of West Orange have executed this Agreement. This Agreement will be automatically renewed for three (3) additional terms (each a "Renewal Term") of five 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. 3. Rent. The rent, payable at the initial rate of $2,657.00 per month ("Initial Rent"), shall commence no later than the earlier of the following dates: (i) forty-five (45) days after issuance of a building permit; or (ii) sixty

t the initial rate of $2,657.00 per month ("Initial Rent"), shall commence no later than the earlier of the following dates: (i) forty-five (45) days 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 as provided in paragraph 4 immediately below. 4. Rent Adjustments. Commencing with the first full month of the sixth year, the Rent shall be increased after the end of each year during the term of the Lease, including any extensions, by five (5%) percent per annum.