Dear Clark Township,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

I request
copies of the following records relating to the Township's wireless
telecommunications facility lease at the municipal complex (Block 198; lease
of November 20, 2014 with T-Mobile Northeast LLC, as amended by the First
Amendment of October 12, 2015, the Second Amendment of March 15, 2021, and
the Third Amendment of November 27, 2023, both with PTI US Towers II, LLC).
I already hold the lease and all three amendments; this request is for the
financial and deliberative records around them. I am requesting existing
records and standard system reports, not the creation of new records.

A. Receipt of the two lump-sum payments

1. The cash receipt records for the $576,000 payment received from PTI US
Towers II, LLC (or an affiliate) pursuant to the Second Amendment (on or
about April 2021): receipt entry, date received, and the fund/account to
which it was deposited.
2. The cash receipt records for the $625,000 payment received pursuant to
the Third Amendment (on or about November–December 2023): receipt entry,
date received, and the fund/account to which it was deposited.

B. Trust fund ledger detail

3. The general-ledger transaction detail (all receipts and disbursements)
for calendar years 2021 through 2025 for:
(a) the Trust Fund reserve titled "Tower Acquisition" as reported in
the 2025 Annual Financial Statement (balance $570,283.49 at December 31,
2024; $70,283.49 at December 31, 2025); and
(b) to the extent the amounts now reported under "Tower Acquisition" were
previously carried within the "Developers Escrow" reserve of the Other
Trust Fund, the ledger detail sufficient to show the deposit of the
telecommunications lease payment into that reserve and any disbursements
from those funds prior to their restatement as "Tower Acquisition."
A system-generated account activity report satisfies this item.

4. Any resolution, ordinance, or written authorization establishing the
"Tower Acquisition" reserve or directing the deposit of either lease
payment into a trust account, including any request to or approval from
the Director of the Division of Local Government Services for a dedication
by rider under N.J.S.A. 40A:4-39. If no such record exists, a statement to
that effect satisfies this item.

C. Negotiation and deliberative records

5. All correspondence, term sheets, offer letters, or proposals between
the Township (its officials, administrator, CFO, attorney, or consultants)
and PTI US Towers II, LLC / Phoenix Tower International (or brokers acting
for either side) concerning the Second Amendment (2020–2021) and the Third
Amendment (2023), including any drafts of the consideration terms.
6. Any valuation, appraisal, broker opinion, or financial analysis
prepared by or for the Township evaluating the lump-sum offers, the rent
reduction, or the value of the remaining lease term, for either amendment.
7. Any competing offers or solicitations received by the Township from
other lease-acquisition firms (e.g., Landmark Dividend, Unison, Tower
Capital, Symphony, or similar) for purchase or prepayment of the tower
lease or easement, 2019 through 2023.
8. The materials distributed to or reviewed by the Council finance
committee in connection with the Third Amendment, referenced at the
November 6, 2023 workshop meeting ("there was a meeting with the finance
committee to go over the specifics"), and any minutes or notes of that
finance-committee meeting.
9. Minutes of any closed/executive session at which the lease amendments
were discussed, to the extent the need for confidentiality has expired; if
confidentiality is asserted, please identify the session dates and the
basis for continued confidentiality.

E. Budget treatment

10. The certification pages of the 2024 municipal budget showing whether
the budget was subject to examination by the Division of Local Government
Services or adopted under local self-examination for that cycle, and any
correspondence with the Division concerning the anticipation of
$660,000 of Cell Tower Rental revenue in the 2024 budget or its
subsequent non-realization. If no such correspondence exists, a statement
to that effect satisfies this item.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

John Greaves