On the agenda: Livingston Township meeting — license plate reader (Mar 13)
Past ⚠ Agenda Watch Livingston Township, New Jersey · Monday, March 13, 2023 — 4 years ago
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Livingston Township Council
March 13, 2023 AGENDA
REGULAR MEETING @ 7:30PM
Reading of the Sunshine Statement
Quorum Roll Call
Moment of Silence
Pledge of Allegiance
Proclamations & Presentations
1) Remembering Eric Rosenson
2) Cannabis Findings
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Essex County Updates
Approval of Minutes, Pending Any Corrections
1) Regular and Conference Meeting Minutes February 27, 2023
2) Closed Session February 13, 2023 and February 27, 2023
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Public Comment on Agenda Items Only (4 minute time limit)
Passage of Ordinances
Final Hearing / 2
nd
Reading Ordinances:
Ordinance 03-2023 Amending Chapter 170 Section 113 D-S Designed Shopping Center District
Of The Code Of The Township Of Livingston
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Ordinance 04-2023 Bond Ordinance Providing An Appropriation Of $5,600,000 For Various
Improvements In And By The Township Of Livingston, Authorizing The
Issuance Of $5,333,333 Bonds Or Notes Of The Township For Financing
Part Of The Appropriation
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Introduction:
Ordinance 05-2023 Accepting The Utility Easement At Block 7300, Lot 4.02, Commonly Known As
346 East Cedar Street, Livingston, New Jersey
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Ordinance 06-2023 Accepting The Deed Restriction At Block 7300, Lot 4.02, Commonly Known As
346 East Cedar Street, Livingston, New Jersey
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Consent Agenda for Resolutions: Res 23-105
“All matters listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will
be approved by one motion. There will be no separate discussion of these items unless a member of the
governing body so requests, in which case the item will be removed from the consent agenda and considered in
its normal sequence on the agenda as part of the general orders.”
* Res 23-106 Approving BID Budget
* Res 23-107 Approving First Amendment to Lease Agreement with T-Mobile Northeast LLC for
Chetwynd Water Tank Cell Tower
* Res 23-108 Authorizing a Contract with Gold Type Business Machines Inc.
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Public portion (On any subject – 3 minute time limit)
Reports of Township Officials and Council Members
Executive (Closed) Session Res 23-109
1) Fair Share Housing (Attorney Client Privilege)
Adjournment
Welcome to the Livingston Township Council Meeting
March 13, 2023 at 7:30 PM
STATEMENT OF COMPLIANCE WITH THE SUNSHINE LAW N.J.S.A. 10:4-10
This meeting is being held in accordance with the Open Public Meetings Act and adequate notice of this meeting
has been provided as required by law. Specifically, the revised annual notice was emailed to the West Essex
Tribune and the Star Ledger on February 28, 2023. The Agenda and Resolutions for the meeting are available on
www.livingstonnj.org. Certain portions of this meeting may be closed to the public for the purpose of personnel
and/or other matters as outlined in the “Sunshine Law.” Decisions made and/or discussed in Closed Session will
be made known to the public at a later time.
Notice to members of the governing body and Township staff: Any use of electronic devices during this meeting
shall be used solely for the purposes of Township business and any communications are subject to the Open
Public Records Act.
To the extent possible, this evening’s Township of Livingston Council meeting will be livestreamed via Facebook
at https://www.facebook.com/LivingstonTownshipNJ.
Questions or comments will also be accepted by emailing [email protected] by 4:00pm on the day of
the meeting. Each speaker should follow the rules of order in Livingston code §2-15.
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LIVINGSTON
NE\~V ER~EY
PLANNING BOARD MEMORANDUM
March 2, 2023
TO:
Township Council
FROM:
Planning Board
SUBJECT: Ordinance No. 03 -2023 re D-S Designed Shopping Center District
The subject Ordinance was reviewed upon referral after First Reading, at the Planning Board’s Open
Conference Meeting on February 21, 2023 and found it to be substantially consistent with the Master
Plan.
Cc:
Township Manager
Township Clerk
Township Attorney
Planning Board
Planning Board Secretary
ORDINANCE NO. 03- 2023
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 170
SECTION 113 D-S DESIGNED SHOPPING CENTER DISTRICT
OF THE CODE OF THE TOWNSHIP OF LIVINGSTON
WHEREAS, Chapter 170 Section 113, D-S Designed Shopping Center District,
establishes the permitted uses in that zone; and;
WHEREAS, the Township Council recognizes the evolving market conditions in the
retail sector and the need to reevaluate the permitted uses to ensure that commercial properties in
the zone can thrive.
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of
Livingston, in the County of Essex, State of New Jersey, as follows:
Section 1.
Section 170-113.B. (1) of the Code of the Township of Livingston is hereby
amended by addition of the language indicated in bold underline;
(1) Retail stores, personal service establishments, restaurants, cafes, not more
than 15,000 sguare feet of space for providing continuing education,
training or orientation for persons in the healthcare field, and one (1) food
court consisting of a central seating area with a variety of food vendors
contiguous to that seating area.
Section 2.
Except as herby amended, the Code of the Township of Livingston, shall remain
in full force and effect.
Section 3.
This Ordinance shall take effect as provided by law.
Michael M. Vieira, Mayor
Carolynn Mazzucco, RMC,
Township Clerk
Introduced:
February 13, 2023
Adopted:
March 13, 2023
ORDINANCE # 04-2023
BOND ORDINANCE PROVIDING AN APPROPRIATION OF
$5,600,000 FOR VARIOUS IMPROVEMENTS IN AND BY THE
TOWNSHIP OF LIVINGSTON, IN THE COUNTY OF ESSEX,
NEW JERSEY AND AUTHORIZING THE ISSUANCE OF
$5,333,331 BONDS OR NOTES OF THE TOWNSHIP FOR
FINANCING PART OF THE APPROPRIATION.
BE IT ORDAINED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF
LIVINGSTON, IN THE COUNTY OF ESSEX, NEW JERSEY (not less than two-thirds of all members
thereof affirmatively concurring) AS FOLLOWS:
SECTION 1:
The improvement described in Section 3 of this Bond Ordinance (the “Improvement”) is hereby
authorized to be undertaken by the Township of Livingston, in the County of Essex, New Jersey (the
“Township”) as a general improvement. For the said Improvement there is hereby appropriated the
amount of $5,600,000. Such sum includes the sum of $266,669 as the down payment (the “Down
Payment”) required by the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title
40A of the New Jersey Statutes, as amended and supplemented (the “Local Bond Law”). The Down
Payment is now available by virtue of provision in one or more previously adopted budgets for down
payments for capital improvement purposes.
SECTION 2:
In order to finance the additional cost of the Improvement not covered by application of the
Down Payment, negotiable bonds of the Township are hereby authorized to be issued in the principal
amount of $5,333,331 pursuant to the provisions of the Local Bond Law (the “Bonds”). In anticipation of
the issuance of the Bonds and to temporarily finance said Improvement or purposes, negotiable bond
anticipation notes of the Township are hereby authorized to be issued in the principal amount not
exceeding $5,333,331 pursuant to the provisions of the Local Bond Law (the “Bond Anticipation Notes”
or “Notes”).
SECTION 3:
(a)
The Improvements hereby authorized and the purposes for which obligations are to be
issued, the estimated cost of each Improvement and the appropriation therefor, the estimated maximum
amount of bonds or notes to be issued for each Improvement and the period of usefulness of each
Improvement are as follows:
3062173.1 105312-51821
Appropriation
and Estimated
Cost
Estimated
Maximum Amount
of Bonds or Notes
Usefulness
(1)
Acquisition and installation of computers
and communications equipment, including but
not limited to system, servers, storage,
computers, wireless network equipment and
software systems.
$ 200,000
$ 190,476
5 Years
(2)
Design, improvements, remediations,
construction, reconstruction and renovations to
public buildings and facilities, including but not
limited to Town Hall, Public Works Facility,
Firehouses and Senior Community Center
building, grounds and furnishing improvements,
parks, playgrounds and Senior Youth and
Leisure Services Facilities, and including all
work and materials necessary therefor or
incidental thereto.
2,525,000
2,404,761
15 Years
(3)
GIS
mapping
and
equipment,
environmental assessments and remediations,
including all work and materials necessary
therefor or incidental thereto.
275,000
261,904
10 Years
(4)
Major capital vehicle renovations and
acquisition of vehicles and equipment, including
but not limited to trucks, field maintenance
machinery, loader equipment, paving equipment,
fencing and major buildings and facilities
maintenance equipment and renovations,
including all work and materials necessary
therefor or incidental thereto.
2,200,000
2,095,238
15 Years
(5)
Acquisition and installation of Police
Department equipment, including but not limited
to fixed license plate readers, aerial surveillance
equipment, emergency lighting equipment.
300,000
285,714
15 Years
(6)
Acquisition of administrative furnishing
and equipment, including but not limited to
Building Department plan review, furniture,
office furniture and equipment.
100,000
95,238
5 Years
$5,600,000
$5,333,331
Purpose
TOTAL:
Average
Period of
(b)
The estimated maximum amount of Bonds or Notes to be issued for the purpose of
financing a portion of the cost of the Improvement is $5,333,331.
(c)
The estimated cost of the Improvement is $5,600,000 which amount represents the initial
appropriation made by the Township.
3062173.1 105312-51821
SECTION 4:
All Bond Anticipation Notes issued hereunder shall mature at such times as may be detemiined
by the municipal finance officer of the Township (the “Chief Financial Officer”); provided that no Note
shall mature later than one year from its date. The Notes shall bear interest at such rate or rates and be in
such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall
detennine all matters in connection with Notes issued pursuant to this ordinance, and the signature of the
Chief Financial Officer upon the Notes shall be conclusive evidence as to all such detenninations. All
Notes issued hereunder may be renewed from time to time subject to the provisions of Section 8(a) of the
Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the Notes from
time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of
payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The
Chief Financial Officer is directed to report in writing to the Township Council of the Township at the
meeting next succeeding the date when any sale or delivery of the Notes pursuant to this ordinance is
made. Such report must include the amount, the description, the interest rate and the maturity schedule of
the Notes sold, the price obtained and the name of the purchaser.
SECTION 5:
The capital budget of the Township is hereby amended to conform with the provisions of this
Ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the
Local Finance Board showing full detail of the amended capital budget and capital program as approved
by the Director, Division of Local Government Services, Department of Community Affairs, State of
New Jersey is on file with the Township Clerk and is available for public inspection.
SECTION 6:
The following additional matters are hereby determined, declared, recited and stated:
(a)
The Improvement described in Section 3 of this Bond Ordinance is not a current expense,
and is a capital improvement or property that the Township may lawfully make or acquire as general
improvements, and no part of the cost thereof has been or shall be specially assessed on property specially
benefited thereby.
(b)
The period of usefulness of the Improvement, within the limitations of the Local Bond
Law, taking into consideration the respective amounts of all obligations authorized for such purpose,
according to the reasonable life thereof computed from the date of the Bonds authorized by this Bond
Ordinance, is 14.21 years.
(c)
The Supplemental Debt Statement required by the Local Bond Law has been duly
prepared and filed in the office of the Township Clerk and a complete executed duplicate thereof has been
filed in the office of the Director, Division of Local Government Services, Department of Community
Affairs, State of New Jersey. Such statement shows that the gross debt of the Township, as defined in the
Local Bond Law, is increased by the authorization of the Bonds and Notes provided in this Bond
Ordinance by $5,333,331 and the obligations authorized herein will be within all debt limitations
prescribed by the Local Bond Law.
(d)
An aggregate amount not exceeding $50,000 for items of expense listed in and permitted
under Section 20 of the Local Bond Law is included in the estimated cost of the Improvements, as
indicated herein.
3062173.1 105312-51821
SECTION 7:
Any funds or grant monies received for the purpose described in Section 3 of this Ordinance shall
be used for financing said Improvement by application thereof either to direct payment of the cost of said
Improvement or to the payment or reduction of the authorization of the obligations of the Township
authorized therefor by this Bond Ordinance. Any such funds received may, and all such funds so
received which are not required for direct payment of the cost of said Improvement shall, be held and
applied by the Township as funds applicable only to the payment of obligations of the Township
authorized by this Bond Ordinance.
SECTION 8:
The full faith and credit of the Township are hereby pledged to the punctual payment of the
principal of and interest on the obligations authorized by this Bond Ordinance. The obligations shall be
direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem
taxes upon all the taxable property within the Township for the payment of the obligations and the interest
thereon without limitation of rate or amount.
SECTION 9.
The Chief Financial Officer of the Township is hereby authorized to prepare and to update from
time to time as necessary a financial disclosure document to be distributed in connection with the sale of
obligations of the Township and to execute such disclosure document on behalf of the Township. The
Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide
secondary market disclosure on behalf of the Township pursuant to Rule 1 5c2- 12 of the Securities and
Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the
Township and to amend such undertaking from time to time in connection with any change in law, or
interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally
recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township
fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the
remedy shall be limited to specific performance of the undertaking.
SECTION 10:
This Bond Ordinance constitutes a declaration of official intent under Treasury Regulation
Section 1.150-2. The Township reasonably expects to pay expenditures with respect to the Improvement
prior to the date that Township incurs debt obligations under this Bond Ordinance. The Township
reasonably expects to reimburse such expenditures with the proceeds of debt to be incurred by the
Township under this Bond Ordinance. The maximum principal amount of debt expected to be issued for
payment of the cost of the Improvement is $5,333,331.
SECTION 11:
This Bond Ordinance shall take effect 20 days after the first publication thereof after final
adoption, as provided by the Local Bond Law.
30621731 105312-51821
ORDINANCE NO. 05-2023
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON ACCEPTING THE UTILITY
EASEMENT AT BLOCK 7300, LOT 4.02, COMMONLY KNOWN AS 346 EAST CEDAR
STREET, LIVINGSTON, NEW JERSEY
WHEREAS, LIVINGSTON ALF AMPROP, LLC (the “Grantor”) is the owner of that
certain property located on Block 7300, Lot 4.02, commonly known as 346 East Cedar Street,
Livingston, New Jersey (the “Property”); and
WHEREAS, the Owner’s Property is the subject of preliminary and final site plan
approvals, minor subdivision approval and bulk variance approval (the “Approvals”) allowing
for the construction of an assisted living facility, a post-acute rehabilitation center, ancillary
parking and other related improvements on the Property(the “Project”); and
WHEREAS, as part of the Approvals, the Grantor is required to provide a perpetual,
non-exclusive easement to the Township of Livingston (the “Grantee”) to allow for the
maintenance, repair, and replacement of utilities, including, but not limited to, sewer lines and
water lines (herein collectively, “Improvements”); and
WHEREAS, notwithstanding anything in the Easement, the Township shall not be
required to construct, maintain, repair or replace any of the Improvements; and
WHEREAS, the Township Council (the “Council”) believes that the Easement is in the
public interest; and
WHEREAS, the Council desires to accept the dedication through the Grant of the Utility
Easement attached hereto as Exhibit “A”; and
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and the Council of the
Township of Livingstons, County of Essex, and State of New Jersey:
Section 1.
The Township of Livingston hereby accepts the attached Utility Easement and directs the Mayor
to execute same.
Section 2.
The Grantor shall record the Utility Easement attached hereto as Exhibit “A” with the Essex
County Clerk.
Section 3.
All ordinances of the Township of Livingston that are inconsistent with the provisions of this
Ordinance are hereby repealed to the extent of such inconsistency.
Section 4.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional or invalid, such decision shall not affect the remaining portions of this
ordinance.
Section 5.
This ordinance shall take effect immediately upon final passage, approval, and publication as
required by law.
ATTEST:
TOWNSHIP OF LIVINGSTON
Carolyn Mazzucco, Township Clerk
Michael M. Vieira, Mayor
Introduced: March 13, 2023
2
ORDINANCE NO. 06-2023
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AUTHORIZING THE
EXECUTION OF A DEED RESTRICTION AT BLOCK 7300, LOT 4.02, COMMONLY
KNOWN AS 346 EAST CEDAR STREET, LIVINGSTON, NEW JERSEY
WHEREAS, LIVINGSTON ALF AMPROP, LLC (the “Owner”) is the owner of that
certain property located on Block 7300, Lot 4.02, commonly known as 346 East Cedar Street,
Livingston, New Jersey (the “Property”); and
WHEREAS, the Owner’s Property is the subject of preliminary and final site plan
approvals, minor subdivision approval and bulk variance approval (the “Approvals”) allowing
for the construction of an assisted living facility, a post-acute rehabilitation center, ancillary
parking and other related improvements on the Property(the “Project”); and
WHEREAS, as part of the Approvals, the Owner is required to file a Deed Restriction
which imposes certain affordable housing obligation on the Property; and
WHEREAS, the Township Council (the “Council”) believes that the Deed of Restriction
is in the public interest; and
WHEREAS, the Council desires to authorize the Mayor to execute the Deed Restriction
in a maimer substantially the same as attached hereto as Exhibit “A”; and
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and the Council of the
Township of Livingstons, County of Essex, and State of New Jersey:
Section 1.
The Mayor is and be hereby authorize to execute the Deed Restriction attached hereto as Exhibit
Section 2.
The Owner shall record the Deed Restriction attached hereto as Exhibit “A” with the Essex
County Clerk.
Section 3.
All ordinances of the Township of Livingston that are inconsistent with the provisions of this
Ordinance are hereby repealed to the extent of such inconsistency.
Section 4.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional or invalid, such decision shall not affect the remaining portions of this
ordinance.
Section 5.
This ordinance shall take effect immediately upon final passage, approval, and publication as
required by law.
ATTEST:
TOWNSHIP OF LIVINGSTON
Carolyn Mazzucco, Township Clerk
Michael M. Vieira, Mayor
Introduced: March 13, 2023
Res 23-105
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Resolution Accepting, Approving andlor Adopting the
Consent Agenda of March 13, 2023
WHEREAS, the Township Council of the Township of Livingston has determined that certain items on its
agenda which have the unanimous approval of all Councilmembers and do not require comment shall be
termed the “Consent Agenda”; and
WHEREAS, the Township Council has determined that to increase its efficiency, the Consent Agenda
shall be adopted with one resolution;
NOW, THEREFORE, BE IT RESOLVED by the Township Council that the items on the regular agenda
for March 13, 2023 attached hereto, which are preceded by an
are the Consent Agenda and are
hereby accepted, approved and/or adopted.
“k”
Carolyn Mazzucco, RMC Township Clerk
Adopted: 3/13/2023
R-23-106
RESOLUTION
Approving Annual Budget for Livingston Community Partnership Corporation - 2023
BE IT RESOLVED by the Township Council of the Township of Livingston, in the County
of Essex and State of New Jersey, that the attached annual budget submitted by the
Livingston Community Partnership Corporation, in the amount of $387,410 is hereby
approved.
BE IT FURTHER RESOLVED that:
1. This approval shall constitute a first reading.
2. The budget will be published in the West Essex Tribune in the issue of April 13, 2023.
3. A public hearing will be scheduled for April 24, 2023 at Town Hall, 357 South
Livingston Avenue, Livingston, New Jersey at 7:30 p.m.
Carolyn Mazzucco, RMC Township Clerk
Adopted: March 13, 2022
Res 23-107
RESOLUTION
APPROVING
FIRST
AMENDMENT
TO LEASE AGREEMENT WITH T-MOBILE NORTHEAST
LLC FOR CHETWYND WATER TANK CELLULAR
ANTENNAE
WHEREAS, the Township of Livingston (“Township”) has a Lease Agreement with T
Mobile Northeast, LLC for the placement of cellular antennae and related equipment on the
Chetwynd Water Tank; and
WHEREAS, the Township’s cell tower consultant, Wireless Edge Towers, has reviewed the
current lease, which is expiring and negotiated the terms of a First Amendment that provide greater
revenues and greater protections to the Township and has recommended that the Township approve
the First Amendment attached hereto; and
WHEREAS, the Township Manager has reviewed the Amendment and discussed with
Wireless Edge Towers and concurs with their recommendation that the Township approve the First
Amendment.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of
Livingston, in the County of Essex, State of New Jersey, that hereby approves the First Amendment
to Lease Agreement with T-Mobile Northeast LLC for Chetwynd Water Tank Cellular Antennae
and authorizes the Township Manager to enter into the First Amendment with T-Mobile Northeast
and any additional or ancillary documents in connection therewith.
Carolyn Mazzucco, RMC
Township Clerk
Adopted: March 13, 2023
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
FIRST AMENDMENT TO
LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made
as of the
day of
____________,
2023 (the “Effective Date”), by and between and Township
of Livingston (“Landlord”) and T-Mobile Northeast LLC, successor-in-interest to Omnipoint
Communications, Inc. (“Tenant”).
WITNESSETH:
WHEREAS, Landlord and Tenant have previously entered into that certain Lease
Agreement dated as of August 6, 2007 (the “Lease”) pursuant to which Landlord has leased to
Tenant a portion of the surface of a Water Tank (the “Tower”) on the property identified on the
Tax Map of the Township of Livingston as Block 233F, Lot 5 commonly known as Chetwynd
Terrace in the Township of Livingston, as more particularly described therein (the “Leased
Premises”); and
WHEREAS, the parties have agreed to modify the Lease upon the terms, conditions and
provisions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and conditions herein
contained, and other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1.
Definitions.
All defined terms used in this Amendment, unless otherwise defined herein, shall have the
respective meanings ascribed thereto under the Lease.
2.
Extension of Term.
(a)
The Lease Term is hereby extended for a total of five (5) years
(b)
The expiration of the Term with respect to the Leased Premises is hereby extended,
so that the “Expiration Date” shall henceforth mean October 31, 2027, for all purposes thereunder.
The period from November 1, 2022 to October 31, 2027 is sometimes hereinafter referred to as
the “Extension Term”. The Fixed Rent during the Extension Term shall be as set forth in paragraph
4, below.
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
(c)
Tenant acknowledges and agrees: (i) that Tenant is currently in physical occupancy
of the Leased Premises; (ii) that Tenant shall accept the Leased Premises in its “as is” condition
on the date hereof; (iii) that the Leased Premises is in satisfactory condition on the date hereof;
and (iv) no defaults exist on the part of Landlord.
(d)
Subject to the written consent of Landlord, in its sole discretion, Tenant shall have
the option to extend the Term for one (1) additional, consecutive, five (5) year period (the ~~2nd
Extension Term”), provided that when Tenant exercises such option, as well as on the Expiration
Date, no Event of Default shall have occurred and be continuing.
(d)
Tenant shall give Landlord written notice (“Tenant’s Extension Notice”) of
Tenant’s intention to exercise such option no later than three (3) months prior to the Expiration
Date, TIME BEING OF THE ESSENCE and, provided Landlord consents to such 2’~ Extension
Term, this Lease and the Term shall be extended without execution or delivery of any other or
further documents, with the same force and effect as if the 2’~ Extension Term had originally been
included in the Term and the Expiration Date shall thereupon be deemed to be the last day of the
2’~ Extension Term. In the event that Tenant fails to timely exercise its rights with regard to the
2’~ Extension Term, this Lease shall expire as set forth herein and Tenant shall be deemed to have
waived any and all rights to extend the Term. For avoidance of doubt, Tenant shall accept the
Leased Premises in its “as is” condition upon exercising any extension right set forth herein.
(e)
The Fixed Rent payable by Tenant for the Leased Premises during the 2’~ Extension
Term, if exercised, shall be as set forth in paragraph 4, below.
3.
New Equipment. Landlord and Tenant hereby agree to amend the Agreement
pursuant to the following Exhibits annexed hereto, and made a part hereof~, which replace and
supersede, or supplement (as indicated), the Exhibits in the Agreement as follows (check all
applicable):
~ Drawings: Tenant has the right to Tenant’s Equipment as shown in Exhibit B-i.
~ Co-Location Application: Tenant has the right to equipment for a final installed
configuration (“New Equipment”) as shown in Exhibit E-i.
4.
Landlord and Tenant hereby agree to amend the Rent provisions of the
Agreement as follows:
~
~Rent
(a) Commencing on November 1, 2022 (the commencement date of the Extension Term),
in consideration of Landlord’s grant of the Extension Term, the Fixed Rent under the
Lease shall $6,075.73 per month.
(b) Thereafter, such Fixed Rent, as increased herein, shall escalate at a rate of three percent
(3%) per annum, starting on November 1, 2023, and continuing on each anniversary
thereafter during the Term hereof (including the 2’~ Extension Term, if exercised).
2
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
5.
Notice To Proceed (“NTP”). Before performing any work on the Premises pursuant
to this Amendment, Tenant acknowledges and agrees that it must submit an NTP to Landlord in
the form annexed hereto as Exhibit F, for Landlord’s approval, which approval shall not be
unreasonably withheld, conditioned or delayed.
6.
Notices. Paragraph 20 of the Lease is hereby amended to provide that any notice,
request, demand or other communication, shall be sent to the following addresses:
if to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/NJO68IOD
if to Landlord:
Township of Livingston
357 5. Livingston Avenue
Livingston, NJ 07039
Attn: Township Manager
with a copy to:
Antonelli Kantor, P.C.
354 Eisenhower Pkwy # 1000
Livingston, NJ 07039
Attn: Jarrid Kantor, Esq.
7.
Performance of Work. Section 5.02 of the Lease is hereby deleted in its entirety
and replaced with the following:
a.
Tenant shall use the Leased Premises for the purpose of construction,
maintaining and operating a communications facility and uses incidental thereto. All
improvements shall be at Tenant’s expense and the installation of all improvements shall
be at the discretion and option of Tenant. Subject to Section 5.02(d) below, Tenant shall
have the right to replace, repair, add or otherwise modify its equipment or any portion
thereof, whether or not such equipment is specified on any exhibit attached hereto, during
the term of this Lease, provided Tenant does not increase the aggregate space, weight
and/or wind-loading (surface area) on the Tower, or the boundary and access set forth
herein. Tenant shall maintain the Leased Premises in a good condition, reasonable wear
and tear excepted. Landlord will maintain the Property, excluding the Leased Premises, in
a good condition, reasonable wear and tear excepted. It is understood and agreed that
Tenant’s ability to use the Property is contingent upon its obtaining after the execution date
3
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
of this Lease all of the certificates, permits and other approvals (collectively, the
Governmental Approvals”) that may be required by any Federal, State or Local authorities
as well as satisfactory soil boring tests which will permit Tenant to use the Leased Premises
as set forth above. Landlord shall cooperate with Tenant in its effort to obtain such
approvals and shall take no action which would adversely affect the status of the Property
with respect to the proposed use by Tenant.
b.
In the event that: (i) any of Tenant’s applications for Governmental
Approvals should be finally rejected; (ii) Tenant determines that such Governmental
Approvals may not be obtained in a timely manner; (iii) any Governmental Approval(s)
issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by
governmental authority; (iv) any soil boring tests are found to be unsatisfactory so that
Tenant determines, in its sole discretion, that it will be unable to use the Premises for its
intended purposes; or (v) Tenant determines that the Premises is no longer technically
compatible for its intended use, then Tenant shall have the right to terminate this Lease.
Notice of the Tenant’s exercise of its right to terminate shall be given to Landlord in writing
by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by the Landlord. All rentals paid to said termination date shall be retained by the
Landlord. Upon such termination, this Lease shall become null and void and all the Parties
shall have no further obligations, including the payment of money, to each other.
c.
Prior to installing Tenant’s New Equipment (the “Modifications”) at the
Premises, or modifying any equipment or making any changes to its installation (other than
alterations, improvements, changes, replacements, and substitutions within Tenant’s
equipment shelter or cabinets), Tenant shall comply with the following covenants and
conditions:
(i)
Tenant shall submit to Landlord detailed plans and specifications
accurately describing all aspects of the proposed work to be performed including, without
limitation, weight and wind load requirements and power supply requirements (collectively,
“Plans”). The Plans shall be subject to Landlord’s approval, which shall not be
unreasonably withheld or delayed. Landlord shall grant approval of the Plans or state any
written objections to same within fifteen (15) business days after receipt of the Plans;
provided, however, if Landlord fails to state any written objections to the Plans within said
fifteen (15) business day period, the Plans shall be deemed approved by Landlord. Landlord
shall have the right to hire a telecommunications consultant whose review fee will be paid
by the Tenant.
(ii)
Upon review and approval of Tenant’s Plans, as set forth above, as
well as Tenant’s compliance, to Landlord’s reasonable satisfaction, with the Notice to
Proceed (the “NTP”) Requirements in accordance with Exhibit F, Landlord shall notify
Tenant in writing that it is authorized to proceed with the installation of the Modifications.
Tenant shall notify Landlord by telephone at (973) 535-7950, at least three (3) business
4
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
days prior to installing Tenant’s Modifications at the Leased Premises. Landlord will notify
Tenant in writing of any change in the foregoing telephone number.
(iii)
Tenant shall install its Modifications, at its sole cost and expense, in
compliance with the Plans, any Governmental Approvals, and all applicable laws, rules,
regulations or ordinances.
(iv)
Tenant shall install its Modifications at Tenant’s sole cost and
expense (including, but not limited, to any structural analysis or structural modifications)
and Tenant shall pay all invoices of labor and materialmen in a timely manner to prevent
the imposition of any liens on the Leased Premises, Property and/or the Tower. Tenant
shall use reasonable efforts to identify its facility by permanent labels or tags and to
permanently identify its coaxial cable at the top and bottom and shall use reasonable efforts
to request a written waiver from any contractor, subcontractor, laborer or materialman
performing any work or providing any materials in connection with Tenant’s installation
at the Leased Premises of all rights under state material and mechanic lien laws or other
applicable laws to impose a lien on any of Landlord’s property.
(v)
In no event shall Tenant install or cause to be installed any additional
utilities not shown on the Plans, without the prior consent of Landlord, which shall not be
unreasonably withheld or delayed.
(vi)
All work in connection with Tenant’s Modifications may be
performed by contractors approved by the Landlord, which approval shall not be
unreasonably withheld or delayed. Landlord’s approval of the NTP shall constitute
approval of Tenant’s contractor. Landlord shall state any written objections to Tenant’s
contractor within ten (10) business days after receipt Tenant’s request for NTP; provided,
however, if Landlord fails to state any written objections to the contractor within said ten
(10) business day period, the contractor shall be deemed approved by Landlord.
(vii) Tenant agrees to comply with the reasonable directions and
requirements which Landlord, in its reasonable discretion, may from time to time establish
in connection with the Leased Premises , Property and/or the Tower, provided that such
directions and requirements are applied to all other users of the Leased Premises Property
and/or the Tower and/or do not interfere with Tenant’s ordinary course of business or
operations and/or do not impose any additional material obligations (financial or otherwise)
on Tenant.
,
(viii) Tenant acknowledges and agrees that, upon reasonable prior notice
(except for emergency situations), Landlord may request that Tenant temporarily reduce
operating power or temporarily cease operation of its antennas only to the extent that it is
necessary to prevent the overexposure of workers on the Tower to RF emissions in
violation of the FCC regulations.
5
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
(ix)
After completion of Tenant’s installation at the Leased Premises and
within forty-five (45) days after Landlord’s request, Tenant shall provide Landlord with
as-built drawings of the Tenant’s Plans at the Leased Premises.
d.
Tenant acknowledges that no modifications to Tenant’s equipment
(e.g., additional antennas, equipment, cabling, connections or other facilities) may
be installed without Landlord’s prior written approval. Any future Modifications
that are approved by Landlord shall be subject to an increase in Rent, in Landlord’s
discretion, in the event that (i) such future Modifications to Tenant’s equipment
increases the aggregate space, weight and/or surface area on the Tower, and/or (ii)
the actual square footage of the ground equipment is increased. The Landlord and
Tenant acknowledge and agree that the actual square footage of the leased area is
250 square feet.
8.
Taxes: The Lease is hereby amended to add the following as a new Section 31:
31.
TAXES.
a.
Landlord shall invoice, and Tenant shall pay, any applicable transaction tax
(including sales, use, gross receipts, or excise tax) imposed on the Tenant and required to
be collected by the Landlord based on any service, rental space, or equipment provided by
the Landlord to the Tenant. Tenant shall pay all personal property taxes, fees, assessments,
or other taxes and charges imposed by any Government Entity that are imposed on the
Tenant and required to be paid by the Tenant that are directly attributable to the Tenant’s
equipment or Tenant’s use and occupancy of the Leased Premises. Payment shall be made
by Tenant within sixty (60) days after presentation of a receipted bill and/or assessment
notice which is the basis for such taxes or charges. Landlord shall pay all ad valorem,
personal property, real estate, sales and use taxes, fees, assessments or other taxes or
charges that are attributable to Landlord’s Property or any portion thereof imposed by any
Government Entity.
b.
Tenant shall pay any documented increase in real estate taxes levied against
the Property and/or Leased Premises which are directly and only attributable to Tenant’s
use of the Premises and/or the improvements constructed by Tenant. Landlord shall
provide to Tenant a copy of any notice, assessment or billing relating to real estate taxes
for which Tenant is responsible under this Lease within 30 days of receipt of the same by
Landlord. Tenant shall have no obligation to make payment of any real estate taxes until
Tenant has received the notice, assessment or billing relating to such payment as set forth
in the preceding sentence.
6
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
c.
Tenant shall have the right, at its sole option and at its sole cost and expense,
to appeal, challenge or seek modification of any tax assessment or billing for which Tenant
is wholly responsible for payment.
d. The provisions of this Section 31 shall survive the expiration or earlier
termination of the Lease.
9.
Binding Effect. This Amendment shall not be binding upon or enforceable against
Landlord unless and until Landlord shall have executed and unconditionally delivered to
Tenant an executed counterpart of this Amendment. The provisions of this Amendment
shall inure to the benefit of~ and be binding upon, the parties hereto and their respective
heirs, legal representatives, successors and assigns.
10.
Amendments. Except as modified and amended by this Amendment, all of the
terms, covenants and conditions of the Lease are hereby ratified and confirmed and shall
continue to be and remain in full force and effect throughout the remainder of the term
thereof. No further changes to the Lease or this Amendment may be made except by written
Lease signed by the parties. In the event of a conflict between the terms of the Lease and
the terms of this Amendment, the terms of this Amendment shall control.
11.
Successors and Assigns. The provisions of this Amendment shall inure to the
benefit of, and be binding upon, the parties hereto and their respective heirs, legal
representatives, successors and assigns.
12.
Governing Law. This Amendment and the rights and obligations of the undersigned
parties shall be governed by and construed according to the laws of the State of New Jersey.
13.
Counterparts/Electronic Transmission. This Amendment may be executed in any
number of counterparts, any of which may be executed and transmitted by email, facsimile
or other electronic method (e.g., docusign), and each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
14.
Exhibits. All Schedules and Exhibits attached to this Amendment are incorporated
herein and shall be considered a part of this Amendment for all purposes.
15.
Authority. Each of the parties hereto represents and warrants to the other that the
person executing this Amendment on behalf of such party has the full right, power and
authority to enter into and execute this Amendment on such party’s behalf and that no
consent from any other person or entity, including but not limited to the holder of any
mortgage, is necessary as a condition precedent to the legal effect of this Amendment.
7
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed and delivered as of the day and year first above written.
T-Mobile Northeast LLC
Township of Livingston
By:
By:
____________________________
_________________
Name: _______________________________
Title:________________________________
Name: Barry Lewis
Title: Township Manager
Date:
Date:
_______
_____________
[Signature page to First Amendment to Lease]
8
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
EXHIBIT B-i
Replacement Drawings
Prepared by: FNP
Revision:
3
Date:
10-28-21
The attached exhibit replaces and supersedes Exhibit B of the Lease (Drawing LE1, LE2
& LE3 dated 07/17/07)
9
SITE INFORMATION
SCOPE OF WORK
•
UPSRADE EVISTING TELECOMMUNICATIONS FACILITY
•
RYPLACE ONE EQUIPMENT CABINCT500TR OWO 121 NEW
CARINETS AT GRADE AND REMOTE TRNEC (3) RRU N AND TRRCE
(31 T1IAN REPLACE SIX (A) EXISTING PANEL ANTENNAG AND SIX
(0) RRU II AND INSTALL TRREE (3) NEW PANEL ANTENNAS AIID
XIX (K) RCS FIBER CARLES Oil EXISTING WATER TOWER.
SITE NUMBER
NJVUOIOX
SITE ADDRESS
CIIETWEND TERRACE
LIVInGSTON NJ 07030
OWNER
APPLICANT
BLOCK U LOT
CONTACT INFORMATION
HF ENGINEER M. ERAS
ZONE
TOWNSHIP OF LIVINGSTON
3S7 S. LIVINGSTON AVENUE
LIVINGSTON NJ 07030
T-MOBILE NORTHEAST LLC
A DELAWARE LIMITED LIABILITY COMPANY
4 SYLVAN WAY
PARGIPPANV NEW JERSEy V7OS1
(073) 307-4000
BLOCK 2504 LOTS
R-3
LATITUDE
4D77S0000IYB (NAD 03)
• LO1IGITUXE
-74207400008 (NUD 03)
• INTERPOLATED FROM UGGG GVADRANOLE
DIRECTIONS TO SITE
I.
HEAD NORTHWEST ON SYLVAN WAY
2
TARN LEFT TOWARD SYLVAN WAY
3.
TURN RIGHT ONTO SYLVAN WAY
4
TARN RIGHT ONTO US-202 N
N.
KEEP LEFT TO STAY ON US-202 N
N
USE TAD BlOAT LANE TO MERGE ONTO I-SUE ‘AU THE RAMP TO
-287 NEW YORK CITY
7.
MERGE ONTO I-HOE
8.
USE THE LEFT 2 LANES TO TAKE CUlT ATA FOR INTERSTATE 280
TOWARDTRE ORANGES NEWARK NEWJCRSCYTARNPIKE
N.
CONTINUE ONTO 1-200 C
F~A
~MOBILE~
FF~ENCH 6~ PAflRELLO
lwb-n—10,•—N——w7,g
N7323la~ t7~S12~l
NORTHEAST LLC
a Delaware Limited Liability Company
LIVINGSTON -WATER TANK NJO681OD
CHETWYND TERRACE
LIVINGSTON, NJ 07039
ESSEX COUNTY
BLOCK: 2504, LOT: 5
0010CC TIlL VI XV VNRE8NS~ABlR0F8KNOAL
SEALI
-
‘TIER
Y TARDY. P12.
REV.
DATE
0
10. TAKE EXIT N FOR lAUREL AVE
11. TARN RIGHT ONTO LAUREL AVE
12. GLIERT LEFTONTO COUNTY RYE KSSIAURELUVC
13
CONTINUE ONTO E CEDAR ST
IA
TARN LEFT 01130 E IIORTRFIELD RD
MOBILE~
NORTHEAST LLC
o lLAIoworI LimiTEd Li~,I,iIily Com1mBy
IS. TURN LEFT ONTO RERBERT TERRACE
18
REVIG(ONS
REVISION DESCRIPTION
TURN LEFTONTO SEIIINOLER TERRACE
4 SYlVAN WAY IXITSIIYANY NI V7C74
TAC SITE WiLL BE ON THE LEFT
APPROVALS
T-KIOOILE
OTET1ERILANDLORD
LEASINGISAC
ZONING
CONSTRUCTION
LMNGSTON-WATERTANK
NJO681OD
CHETWYND TERRACE
LIVINGSTON, NJ 07039
ESSEX COUNTY
BLOCK: 2504, LOT: 5
DRAWING SCHEDULE
DWG#
C-El
A-El
A-02
A-03
A-04
A-05
E-Ol
DRAVA1NG TITLE
COVER SHEET
SITE MAP AND NOTES
EQUIPMENT AND ANTENNA PLANS
ELEVATION
DETAILS
ANTENNA AND RRU MOUNTING DETAILS
ELECTRICAL SPECIFCATIDNS
flOtAll 0
LOCATION MAP
0TR’ ‘CR801 NOTEANTENNA MOUNTING 00 BE IN
ACCORDANCE AIT1I SUE ANCHOR
PROJECT STROCTURAL ANALTSIS
2ATE
GCALE 1~4D0
GRAPHIC SCALE
SITE CONFIGURATION
67E5A998E P6230
COVER SHEET
lOCALE
08/V/Il
CONTRACTOR TO VERIFY CDNDIHUNG OF TRE
EVISO(NG KIRELESS INSTALLATION PRIOR TO
MXOIFICAO(ONS IF THE CXNDIDONS ARE NOT
AS PER THE ORICINAL INSTALLATiON OR ORE
SUPPXRDNC STRUCTURE RAS DETERIORATED.
ORE ENGINEER MUST RE NOTIFIED IRREDIATELY
DRAWN BY
CRECKED 00
AS NOTED
SRCET#
c-01
OEDEHHLTEGJES
/
SAlT IECT PROPERTY IS KNOWN AS RLAFI< 2504 LAX S AS SHOWN ON TTIF
TOWNSHIP OF L AROSTON TAX RAP AND IS 5 DAVIES AT CHETWYND
TERRACE L 51005009, NJ 07039
2
EXIST NA 14
ACCESS SATE
X MORLE
A DEl AWARE LIMITED I IARII ITY COMPANY
4 SHLVAN TRAP
PARSIPPANY, NEW JERSEP 07054
(973) 397—41100
PROPERTY OWNER
TOWNSHIP OF LIONASTON
357 5. I IONOSTON ASTNITF
LTS1NGSOON, NJ 01039
TAT)
C}
‘11’
TIlE APPLICANT PROPOSES TO OPSIATE TIlT H NETWORK MY RI Fl AETNA OTIF
COO PRENT CABINET DXXII TWA (2) NEW CABINETS AT OAAOE, ANO
RCMSSING TITREI (3) AXON AND THREE (3) TRIALs REPLACING ST (6)
ED SONG PANEL ANTENNAS AND SIX (N) RRA’~, AND IN500LL NO TI-TREE (3)
NEW PANEL ANTENNAS ANT SIX (N) HCS FIRER CAMLES ON EXISTING
WATER TOOTER TI-IF ODE IS A MOAILE COREIANICATIONS TFLEPIIGNE
LTCIIANCE ANO IS NOT INTENDET FOR PERMANENT E6IPLOHCE OCCAPANCY
LOISTING SPYRIT
CHNCHFTI ASIC
4
TIllS TACIT TO SIIAIL XE ‘~ISITEO TN 01CC ATERAGE Al ONCE A MONTH FET
MAINTENANCE AND SHALL HE MONITORED FROM V REMOTE FACILITY
5.
DIE EXISTING SITE IS LOCATER AT LAT1TGTC OF 40 77390600± AND
I FNGITADF OF —74 29749000-6 THE HORI7GNTAL DATTJM ARE IN TERRA
OF NORTH AMERICAN DAOITM OF 19113 (NAT 83)
6.
TI-IA SOD OF PLANS HAN MOON PREPARED FOR THE PURPOSES OF
MANICIPAL ANT AGENCY RESTER AND APPRSAAI TIllS SET OF PT AND
SHALL NOT RE OTILI2ED VS CGNSDHOCTION DOCUMENAG ANTIC ALL
COND TOWN OF APPROVAL MASK BEEN SAYSFIFT ANT EACH OF THE
VRAATNGS IIAAF TEEN TEl/SET DO NAICATFT SSSAED FAT CONDTTTACDION.
FT STING
ST RI/ON
EGV
SIIEI TIR
/
APPLICANT:
CLIENT OF TIlE
AAICII
7
ID
1~
ES STING
EQUIPMENT T—MDAILE
PLAN
eENLARGEQ
CX NERO NEXAFT
CONCRETE PTA
THE CONTRACTOR SHALL NOTIFY FRENCH 0 PARRELLO ASSDC ATES, P A.
IMMFDIADELY IF ASH FITLT—CGNDITITNS FNCGSNTERTD OFFER FROM TIIOST
RTPREDFNTCT IIFREON, ANT/OX IF ShEll CONDITIONS AVALD OR CDIII
RENDER TIlE OFT GIlD 01101114 IIFRTON NAPPROPRIATE AND/OR
INEFFECTIVE
9.
TIlE CONTRACTOR IS RESPONSIDLE TO PROOFED, REPAIR AND/OX RED ACT
ANY AARAGEO DOMOCTORES, OTIL DES DR LANDSCAPED AREA ANICH MAO
MF OISTIIRMFO FTIRING THE CDNSTR0000N OF TH S FAC 1100
10. THE CONSORACOOLT CONTRACTOR IS SOLELY MESPONSIALE FOR
OTOERRITING ALl CGNSTTIICTITN MEANS AND METIITDS TIlE FONSTROCYION
CONTRACTOR IS ALSO REDPSNSIALE FOR ALL JDM SIDE SAFETY
TI. SITE INFORMS TEN SHOWS TAKEN THOM CONSTRAC1151I DRAAINGS
PREPARED OF MALTED Al SCHEHER, P.C OUTED. 09/04/2014, FROM
CANSTR500ION DRAA1955 PREPAREA BY FRANK CDLASAADA ARCHITECT,
INC DATED 03/04/2000.
12. ND GUARANTEE IS MADE NOR SHOALD ME ASSOMED AN TO IRE
COMPLETENESS OR ACESRACY OF THE IIOAIIDNTVL OR TEXT CAl
LOER0005. ALL PART ES ST LIZING THIS INFOHMATIO4 SHALL FIELD SCRIFY
THE ACEARACY AND CORPI ETENESS OF THE NFVRMATISN SHOWN PRIOR
00 FOTSTRACITTN AETIATTIES
13. AL IRPAAVFACNDS SHAI L ME DADJECT TO NSPEETIO’T ANT APPROHAL RY
DIE TOWNSHIP CNG BEER 2710 TALL AC OlSEN PROPER NOIIIIEAOON PRIVT
TO THF STARD OF ANV CANSTRACTION.
1
A
SITE MAP
01 SCALE-
SATES
I TA ‘VFANMAI O~~~M& TN’, OANUULNF,1
DAITTO..OEAl, AT AX UNAOTNA4CA PFAFNN ANAL IT
ANIAMFO ro~ mc SPEAFANXRI 9110MW MORAN
SEAL:
4~p~5
PETER
Y TARDH, PTC.,_’
REX.
DATE
REVISIONS
REOIGIDN DEOERIPTIDN
CORRENO PREVAILING MANIC PAL ANT/AR CDANTY SPECIFICA lIONS,
SDANDAXDS AND RTSTTITFMENTS
CARRENT FRCVAILING ATILITY COMPANY AG 11001 A SPECIFICAT1SNS,
STANDARDS ANT RFGIITREMENTS
A
SCRFEII
FOISTING TAO
WATER TTLSFV
~7aa31al~ t7323IZMa,1
ALL MATERIALS, AWRKMONSH P TNT CONSTROCTIAN FOR OAF SITE
IRPRASFMEITTS 51104112 IIETFAIT ElIOT L MT Ill ACCTNTAIICE 111TH:
AS.
T~
FRENCH S PARRELLO
~P. MOBILE.
NORTHEAST LLC
o LR,loworL LimiM,d L2T,WIIIAVCTocpT.nV
455 I,VAI’T NVAT, I’AITSII’l’ANT, N,l074SA
APPROVALS
F
SIDNAT~5~DE
T-MD0ILE~j~
AVANERTLANDL0RD~
LEASIN015WE
RF
ZANINA
C~CTION
L..
F
LMNGSTON-WATERTANK
NJO681OD
CHETWYND TERRACE
LIVINGSTON, NJ 07039
ESSEX COUNTY
BLOCK: 2504, LOT: 5
SITE MAP AND NOTES
1/A” —
GRAPI IC SCALE
hATE
TA A/A
DRANTNBY
CHECKED MY
SCALE
AD NOTED
SHEET ft
A—O1
LEGEND
D14IOU100N NOTES
ANTENNA AND CABLE SCHEDULE
t4S1’242,LABON NOTES
ESCTOVI
A
CO ST NC 6131 CAB SLY TO REHAIN (OEL INSTAlLATION
NOTE 1)
UPDATE EXIST SO CAHISET OATH NEAT COMPONENTS IN
ACCYRTANCE AlTO APPROVED SCOPE OF OAOAR
U
EOSTISC ZION CAAISLT TO AL AEMAVLO
NSTAIL (TEll CAVINET & 6160 DATTERY CARNET OS EAISTNC
N-ItT
034,00043/
CASTING APATKOAV IADAX 0 E A20 XNTESNX TX
HE REBOSLO (TSP OF 2 PER SECTOR, TOTAL AL 6)
SSTALL APYVAXLLIB.,,43 U 5030 ANTENNAS OTT SEA PIlE MAST
(TIP AT 1 PER SECTOR, TOTAL AL .3)
~
LA STINC RHASIT RD RADIO TO RE REMOVED (TXP. DI
I PER SECTOR, TOTAl OF 3)
NSTAI I A ROARS BAT ANTENNA ON NEW PIPE MAST (TSP
PER TEETER, TOTAl OF 3)
E
LV STOIC HXA001 AD TO DL RLMDVLD (TOP. OF 1 PER
SLCTOIO, TOTAL CF 3)
TOSTALL 10/ 6SA R1 0511550 AN SEA P FE HOST (TSP. OF 1
FEll SEC TOY TOTAL CF 3)
F
CA STINO RRASI 1 BA RHO 0 TO RE REMOVED (TYP
0 PER SECTOR, TOTAl OF 3)
OF
6
ETISTINC TA AAOS YRA’, TO III
P012 SLCT010, TOTAL OF 3)
I
O0EBIIWIT (TOP. A1
V
—
V
OF 1
NTTALI RADIO 4A00 B3S+R6T ON P PE RUST EEl DIG ANTENNA
(TSP. OF 1 PER VECTOR. TOTAL OF 3)
INSTAI I 100010 44RA HAT I VHS AN SF20 0 P1 MAST
PER SECTOR, TOTAL CI .3)
( TO’. OF 1
NSTALL (K) 6434 HCS F BFR CARIES FR000 EGOIPHEST TA
AN TLNTOAN I OLL004NO FA STINC ROIl INC
ESNO~ 4
w_~~n_n,
TYPE
40/01004 S
0/0
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43
VT
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4P414A045
LOS/S25T100445 4,04/4
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111/0000
0/0
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4/4
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015/603044440 ROl
4/4
A
LIE/STAR
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5/4
5
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4/2
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12) PROPOSEs 6,240003
(I) 441S030 104 005
(4) PWDPW000 44241103
010/6404
4/0
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DC/P WEB 44
AC/flooR 24
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5/0
1210414043&R*. 1401 ‘VflyBflIB
217~34a~ 37103420101
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6/0
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24N 310 004920 49._U.DT_SCAIL 005 0000405? 0
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05411214 550 400 225WB540T424 510415 4014000
SEALI
AC/ORES 14
03000404 N1004550?1 05100 DC BEDS DATTD ‘4/24/2? 0110W 1100 40 01041120EV rTV IA4ES4 Wrol
44040554 P05555 S LAO/AIlS PROA 4044 454 CLI’S SW SD IS
P~TARDY,PVE
REV.
REAIDIOND
WEOTSION DESCRIPTION
DATE
ri •MOBILE~
NORTHEAST LLC
DCI.
.r11 LioooiIod L141421i0y Co.102p4ny
4 SYlVAN WAY,
‘AllOT I’I’ANV, 03070,54
APPROVALS
~0UWE
T.NIOMILE
OWNER/LANDLORD
DATE
ZONING
CONSTRUCTION
LMNGSTON-WATERTANK
NJO681OD
CHEIW~’ND TERRACE
LMNGSTON, NJ 07039
ESSEX COUNTY
BLOCK: 2504, LOT: 5
EQUIPMENT AND
ANTENNA PLANS
DATE
SCALE lIVE I’
CRYPH C SCALE
SCALE
3/H’
lOCALE
OS/V/A
‘—0’
DRAWN BY
020
0RAYII C SCALE
CHOCKED BY
— ~~~0
PROJECT B
244000410
J
AS NOTED
SREETB
I
I A-02
LEGEND
L
De4C*JRON NOTES
EHOSTINC 0131 CAHNET TO AEHAIN (SEE INSTALLATION
NOTE 1)
NDFAI.LATION NOTES
UPDATE EXISTING CABINET OTTO NEW COUPCNCNTS IN
ACCORDANCE OTTO APPROVED SCUFF OF WORK
H
ED 50155 2100 CASISET 10 AL RET/DECO
2
~ & 5100 HATTCHY CAT SET TN EAISTTNO
C
±05051, APXT6OAV IADWV S E 020 ANTENNA TO
HE RERTVED (TAP, OF 2 PEA SECTOH, TOTAL OF 0)
~
( TOP
o
EAISTINC ROAST HO RATIO TO RE REBTTFO (TTP
PER SECTOR. TOTAl OF 3)
C
EXISTINC 000001 02 TO SE AEM0000 (TSP
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ALL PARTIES 001 PING THIS INFORMATIOFF SHAI I F FIT
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10000 11TH HFTAL OF IRRES.
LOIITING FI000RFS SIFALI OF rIIOH SIIED COMPLETE 01111
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ELECTRICAL METALLIC TAM NO
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ZONING
000STRDOTION
—
LMNGSTON-WATERTANK
NJO68IOD
CHETWYND TERRACE
LIVINGSTON, NJ 07039
ESSEX COUNTY
BLOCK: 2504, LOT; 5
ELECTRICAL
SPECIFCATIONS
DATE
04/Il/Il
DRAIMIMY
500LE
AD NOTED
NREET#
SHOCKED MT
FROJEET#
E—O1
001L
DOE TO THE EXISTING 200A SERVICE LIUIT,
ONLY (I) NBA & (I) bOA CABINET
BREAKERS ALONG 600TH 200 BREAKERS FOR
GEl OOTLETS ANT (1) BREAKER FOR SURGE
PROTECTION ARE PERKIITTEO TO BE SATTCHEO
ON ALL OTHER BREAKERS AITHIN THE PANEL
ARE TO TURNED OFF/DISCONNECTED
FPENCH S PARRELLO
1~Ibis3&X*.1O1.00~IJ*JnyBflR9
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OPGRASE EXISTING 6131
CABINET BREAKER TO
ISOA—2P BREAKER (1000
CONTINUOUS LUAU RATED)
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110115
TE’GILDEAL 06 616 PASSXNSAIX P0006NRIONA
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1
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DATE
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REVISION DESCRIPTION
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CONDUIT TO XE UPGRADEO AS
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NORTHEAST LLC
IIX’IIAWIAAP LIAAA2AX’OI LCAIX1IIAy E’AXRAp.O,y
4 SYI\’ADI WAY, lAISSIIlANY, NI 0654
EQUIPMENT BREAKER UPGRADE
1
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(001’)
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OVIENOR
LMNGSTON-WATERTANK
NJO681OD
CHETWYND TERRACE
LIVINGSTON, NJ 07039
ESSEX COUNTY
BLOCK: 2504, LOT: 5
000 TOO TREND (ISP)
THOU ONIENIIS
FRONT SIIPPORT
ELECTRICAL DETAILS
OATE
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TO GROUNDING R~, ROO~OP
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SREET#
E-02
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
EXHIBIT E-l
Co-location Application
Date: 9/26/2022
The attached exhibit is hereby incorporated into the Lease.
10
Co-location Application and Equipment Questionnaire
D New Co-location
[
X Renewal Request
Site ID:
Carrier Site Name:
Carrier Site ID:
D Modification
U Replacement Lease
Date:
9-26-22
Livingston Water Tank
Carrier Entity:
T-Mobile Northeast LLC
NJ068100
DIBIA:
Address:
I
4 Sylvan Way
Approx. Install Date:
10/16/2008
Primary Contact:
Scott Lamb
Phone:
201-779-9291
Company Name:
Address:
Tk Design Associates
Mobile:
Fax:
201-779-9291
Email:
Phone:
Email:
Phone:
Email:
Parsippany, New Jersey 07054
RF Contact:
Construction Contact:
For Modifications, include all equipment to remain and new equipment
—
Type
~—
Block
---
TX or RX
Frequency Range
MHz
NR+LTE
TX/RX
2496-2690
MHz
1600
TX
622-637
MHz
1600
RX
668-683
MHz
1700
TX
728-734
MHz
1700
RX
698-704
MHz
11900
TX
1940-1995
MHz
11900
RX
1860-1915
MHz
12100
TX
2130-2155
MHz
L2100
RX
1730-1755
MHz
MHz
MHz
M Hz
M Hz
M Hz
(Expand Chart as necessary)
2022 version
Notes
Co-location Application and Equipment Questionnaire
Shelter or Cabinets (& Qty):
Equipment Manufacturer:
Cabinets on concrete pad include (1) 6131, (1) 6160 & (1) B160
Lease Area Requested (W x L x H):
25’ x 10’ (no change)
Generator Lease Area: (W x L x H):
Fuel Type and Volume:
Telco Type (Fiber, T-1, M/Wi:
N/A
Ericsson
N/A
Electric:
Volts
——
j
Phase
Amps
...
Sectors
Rad. Center (Ft AGL)
Azimuth
Alpha
95,
10’
Beta
95,
130’
Gamma
95,
280’
Notes
(Expand Chart as necessary)
Sector
Qty
Alpha
Alpha
E, N, R
Mfr.
1
E
Commscope
1
E
Ericsson
Alpha
1
E
Ericsson
Alpha
1
E
Alpha
1
Beta
Model No.
Weight
(Ibs)
Length
(In)
Width
(In)
Depth
(In)
VV-65A-R1 (antenna)
23.8
A1R6449-B41 (antenna)
104.0
54.7
12.1
4.6
33.1
20.6
8.6
APXVAALLI8_43-U-NA2O
(antenna)
92.6
72.0
24.0
8.5
Ericsson
4460 B25+B66 (RRU)
109.0
19.6
15.7
12.1
E
Ericsson
4480 B71+B85 (RRU)
81.0
22.0
15.7
7.5
1
E
Commscope
VV-65A-R1 (antenna)
23.81
54.7
12.1
4.6
Beta
1
E
Ericsson
A1R6449-B41 (antenna)
104.0
33.1
20.6
8.6
Beta
1
E
Ericsson
APXVAALL18_43-U-NA2O
(antenna)
92.6
72.0
24.0
8.5
Beta
1
E
Ericsson
4460 B25+B66 (RRU)
109.0
19.6
15.7
12.1
Beta
1
E
Ericsson
4480 B71+B85 (RRU)
81.0
22.0
15.7
7.5
Gamma
1
E
Commscope
VV-65A-R1 (antenna)
23.81
54.7
12.1
4.6
Gamma
1
E
Ericsson
A1R6449-B41 (antenna)
104.0
33.1
20.6
8.6
Gamma
1
E
Ericsson
APXVAALL18_43-U-NA2O
(antenna)
92.6
72.0
24.0
8.5
Gamma
1
E
Ericsson
4460 B25÷B66 (RRU)
109.0
19.6
15.7
12.1
Gamma
1
E
Ericsson
4480 B71+B85 (RRU)
81.0
22.0
15.7
7.5
(Expand Chart as necessary)
2022 version
Co-location Application and Equipment Questionnaire
—
Total Qty
E, N, R
Size
Type (Standard, Fire Resist, Plenum) or Description
3
E
3x6 HCS (1”)
Hybrid cable
6
E
6x24 HCS (13/4”)
Hybrid cable
(Expand Chart as necessary)
——
.~
Qty
E, N, R
Rad. Center
(FtAGL)
Azimuth
Mfr.
N/A
N/A
N/A
N/A
N/A
~= — —
Model No.
Diameter (ft)
Weight
(Ibs)
N/A
N/A
N/A
(Expand Chart as necessary)
Notes:
1. Attach manufacturer’s equipment data sheet for all tower mounted equipment.
2. Do not include a buffer area around your desired physical footprint. A non-exclusive buffer for access and
utility routing will be provided.
Tenant Event Fees:
•
•
o
Term Renewal Fee: $10,000
Application Fee: $2,000
Site Inspection Fee: $2.400
Tenant Event Fees are subject to annual review / adjustments
Wireless EDGE Office Use Below
Reserved Height(s)
Notes:
Application Fee (non-refundable) Paid
D
Checks payable to: Wireless EDGE Consultants, LLC
EIN 13-4025678
Approval:
2022 version
Date:
Site: Chetwynd Terrace Water Tank
Tenant Site ID: NJ06810D
EXHIBIT F
Notice To Proceed (NTP) Form
See attached NTP form.
11
LIVINGSTON
Exhibit F
Notice To Proceed (NTP) Checklist
Site ID:
Date:
Structure Owner:
Site Type:
Carrier:
Carrier Site ID:
Site Name:
Carrier Site Name:
Address:
Application Type:
El New Co-location El Modification
El
El
El
El
El
El
Co-Location Application and Equipment Questionnaire
Entry Agreement Executed (new co-locations)
Lease Exhibits (if applicable)
Application Fee I
Amount:
Lease/Amendment Fully Executed
Certificate of Insurance issued (by Wireless EDGE)
El
El
Certificates
Insurance
(by as
Carrier)
(Must name of
Township
named
additional insured)
—
—
~
fl
El
El
El
El
—
2022 version
Certificates of Insurance (by Contractor)
(Must name Township named as additional insured)
Construction Drawings
FAA Approval (if applicable due to height increase)
Zoning Permit
Building Permit
Structural Analysis
Site Inspection Fee Paid or PC
Page 1 of 3
LIVINGSTON
Site Acquisition:
SAC Phone:
SAC Email:
Construction Manager:
CM Phone:
CM Email:
Contractor:
Contractor Contact:
CM Phone:
CM Email:
Approved by:
Township of
Livingston:
~
~
Inspection Sign-offs
Inspection Sign-offs
Close-out Photos
—
—
Building
Electrical
D
Page2of3
2022 version
LIVINGSTON
Return Pre/Post Close Out Package:
Township of Livingston Engineering Dept.
Attention: Jeannette Harduby
973-535-7950
Page3of3
2022 version
RES 23-108
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Resolution Authorizing a Contract with Gold Type Business Machines, Inc.
WHEREAS, the Township of Livingston (“Township”) has the need for the license plate reader cameras; and
WHEREAS, the purchase of goods and services through a Cooperative Pricing System by local contracting units is
authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-11 et seq; and
WHEREAS, Gold Type Business Machines, Inc. has been awarded the Somerset County Cooperative Pricing
System (UCCPC) contract number CC-0099-22; and
WHEREAS, the Police Captain has evaluated the recommended vendor for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Gold Type Business Machines, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Gold Type Business Machines, Inc.
in an amount not to exceed $170,000.00; and
WHEREAS, the Chief Financial Officer has certified that funding is available in capital account C-04-55-023-004-E01.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of
Essex, State of New Jersey, that it authorizes the Township Manager to enter into a contract with Gold Type
Business Machines, Inc. under the Somerset County Contract Number CC-0099-22 in an amount not to exceed
$170,000.00.
Adopted:
March 13, 2023
Carolyn Mazzucco, Township Clerk
Res 23-109
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
RESOLUTION to go into Closed Session
WHEREAS: the Open Public Meetings Act, P.L. 1975, Chapter 231 permits the exclusion of the
public from a meeting in certain circumstances; and
WHEREAS: the Township Council is of the opinion that such circumstances presently exist; and
WHEREAS: the Township Council wishes to discuss:
1) Fair Share Housing (Attorney-Client Privilege)
WHEREAS: minutes will be kept, and once the matter involving the confidentiality of the above no longer
requires confidentiality, the minutes can be made public.
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Livingston that
the public be excluded from this meeting.
________________________________
Carolyn Mazzucco, RMC Township Clerk
Adopted: March 13, 2023
The government’s own published record — read it yourself, then decide what to do about it.
The cameras, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Aug 2, 2026
Permanent ID DKT-2026-000188 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Aug 2, 2026 Filed on the Docket
- Aug 2, 2026 Full document archived — public record
← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.