Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Lease Agreement
Purpose: To authorize the execution of a Memorandum of Agreement for the establishment of a Compensation and Mitigation Bank and a New Jersey Department of Transportation Lease Agreement to establish the Department of Transportation Green Acres Mitigation Bank in furtherance of the Joseph G. Minish Passaic River Waterfront Park and Historic Area.
Entity Name: New Jersey Department of Transportation
Entity Address: 401 East State Street, Trenton, New Jersey 08625
Lease Amount: $1.00 per year
Lease Period: Twenty-five (25) years from the date of execution of the agreement
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) N/A
Location of Property: (if applicable)
(Address/Block/Lot/Ward)
Jackson Street and Raymond Boulevard/Block 2029/Lots 1, 7, 21, and 22/Block 171/Lots 1, 6, and 8
Additional Information:
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WHEREAS, pursuant to Resolution 7RB-I adopted on August 4, 1999, the New Jersey Department of Environmental Protection (“NJDEP”), the City of Newark (“City”) by and through the United States Army Corps of Engineers (“USACE”) have undertaken a joint project to construct a new steel bulkhead along the Passaic River bank from Bridge Street to Jackson Street and to restore the Passaic River bank from Jackson Street to Brill Street, said project known as the Joseph G. Minish Passaic River Waterfront Park and Historic Area (“Project”); and
WHEREAS, pursuant to Ordinance 6S&FP adopted on October 3, 2001, the City authorized the acceptance and conveyance of property necessary to carry out the Project; and
WHEREAS, in 2010, in partnership with the County of Essex and the Trust for Public Land, the City of Newark began construction on the first sections of Joseph G. Minish Passaic River Waterfront Park and Historic Area; and
WHEREAS, the Project requires the acquisition of real property, temporary and permanent easements and rights of way to facilitate the Project and act as a buffer to protect the integrity of the newly created bulkhead and the preservation of the Joseph G. Minish Passaic River Waterfront Park and Historic Area; and
WHEREAS, the acquisition and conveyances of the necessary property interests is authorized by Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq., in conjunction with N.J.S.A. 40:56-1 et seq., and N.J.S.A. 40:61-1 et seq.; and,
WHEREAS, the New Jersey Department of Transportation (“NJDOT”) is the owner of real property within the City, identified as Block 2029, Lots 1, 7, 21 and 22, as well as, Block 171, Lots 1, 6, and 8 (“Property”); and
WHEREAS, NJDOT has determined that the Property is no longer needed for the Jackson Street Bridge and can be made available as excess land for purchase by the public, pursuant to N.J.S.A. 27:12-1 et seq.; and
WHEREAS, NJDOT contemplates future highway projects in the City that may impact existing or future parkland encumbered with Green Acres restrictions; and
WHEREAS, NJDOT as owner of the Property seeks to establish a replacement/mitigation bank with the Property by permitting the development of the City park contemplated by the Project through an interim lease (Exhibit A) with the City for nominal consideration in conjunction with an agreement (Exhibit B) to gradually convey undivided fee interests in the Property to offset future NJDOT impacts to City parks as those impacts arise; and
WHEREAS, the proposed replacement/mitigation bank was approved by the State House Commission on July 15, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council does hereby authorize the City’s participation in the establishment of the NJDOT replacement/mitigation bank utilizing Property, in furtherance of the partnership with the County of Essex and the Trust for Public Land for development of the Joseph G. Minish Passaic River Waterfront Park and Historic Area.
2. The Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to enter into and execute a Memorandum of Agreement for the Establishment of a Compensation and Mitigation Bank, in the form set forth in Exhibit B, and the New Jersey Department of Transportation Lease Agreement, in the form set forth in Exhibit A, which have been reviewed and approved as to legal form by legal counsel for all parties.
3. Copies of the respective executed Agreement and Lease authorized by this resolution shall be placed on file in the Office of the City Clerk.
4. This resolution shall take effect immediately.
STATEMENT
The New Jersey Department of Transportation is the owner of real property within the City, identified as Block 2029, Lots 1, 7, 21 and 22, as well as Block 171, Lots 1, 6, and 8, which is along the Passaic Riverbank adjacent to the Jackson Street Bridge. The NJDOT seeks to establish a park replacement/mitigation bank that it can utilize for future right of way projects in the City. The establishment of the replacement/mitigation bank would allow the City to develop portions of the Joseph G. Minish Passaic River Waterfront Park and Historic Area on the Property. This resolution authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute a Memorandum of Agreement for the Establishment of a Compensation and Mitigation Bank and the New Jersey Department of Transportation Lease Agreement in the forms identified as Exhibits A and B, which have been reviewed and approved as to legal form by legal counsel for all parties.