Resolution of the City of Jersey City, N.J.

Resolution of the City of Jersey City, N.J.

A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE JERSEY CITY MOMS MEETUP GROUP ALLOWING FOR THE USE OF BLOCK 12904, LOT 1 (280 GROVE STREET, CITY HALL) FOR THE PURPOSE OF GARDENING

COUNCIL offered and moved adoption of the following resolution:

WHEREAS, the City of Jersey City ("City") owns property located at Block 12904, Lot 1 (280 Grove Street) in the City of Jersey City ("Property"); and

WHEREAS, the Jersey City Moms Meetup Group, with a headquarters located at 61 Wayne Street, Apt. 2 in Jersey City, has been maintaining a small garden on the Property; and

WHEREAS, the Jersey City Moms Meetup Group may make improvements to the Property, provided that the City authorizes the improvements and that such improvements are removed upon the expiration of the attached License Agreement; and

WHEREAS, the Jersey City Moms Meetup Group shall indemnify the City against any and all claims resulting from the use of the Property; and

WHEREAS, the term of the License Agreement shall be for one (1) year commencing on January 1, 2021, and the License Agreement may be terminated with thirty (30) days' notice;

NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City that:

1. The Mayor or Business Administrator is authorized to execute the License Agreement attached hereto with the Jersey City Moms Meetup Group for the use of the Property in accordance with the requirements and restrictions as specified in the License Agreement; and

2. Subject to such modifications as may be deemed necessary or appropriate by Corporation Counsel, the License Agreement shall be in substantially the form of the attached.

Res. 20-763 Approved: November 12 2020

A resolution authorizing the execution of a license agreement with the Jersey City Moms Meetup Group allowing for the use of Block 12904, Lot 1 (280 Grove Street, City Hall) for the purpose of gardening

APPROVED AS TO LEGAL FORM

Business Administrator Corporation Counsel

☐ Certification Required

RECORD OF COUNCIL VOTE – Nov 12 8-0

AYE NAY N.V. Absent AYE NAY N.V. Absent AYE NAY N.V. Absent _{N.V. –}

RIDLEY ✓ SALEH ✓ LAVARRO ✓ (Abstain)

PRINZ-AREY ✓ SOLOMON ✓ RIVERA ✓

BOGGIANO ✓ ROBINSON ✓ WATTERMAN,

PRES ✓

Adopted at a meeting of the Municipal Council of the City of Jersey.

Res. 20-763 Approved: November 12 2020

A resolution authorizing the execution of a license agreement with the Jersey City Moms Meetup Group allowing for the use of Block 12904, Lot 1 (280 Grove Street, City Hall) for the purpose of gardening RESOLUTION FACT SHEET -

This summary sheet is to be attached to the front of any resolution that is submitted for Council consideration. Incomplete or vague fact sheets will be returned with the resolution.

Project Manager

Margaret DeVico, Administrative Analyst 2015475838 adavis@jcnj.org Division Division of Food and Nutrition

Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 1:00 p.m.)

Purpose

A resolution authorizing the execution of a license agreement with the Jersey City Moms Meetup Group allowing for the use of Block 12904, Lot 1 for the purpose of gardening

Contract term (include all)

January 1, 2021 - December 31, 2021 ATTACHMENTS:

City Hall license agreement - 2021

Approved by Status:

Margaret DeVico, Administrative Analyst Approved - Oct 16 2020

Stacey Flanagan, Department Head - HHS None

Emma Guzman, Account Clerk None

John McKinney, Attorney None

Peter Baker, Corporation Counsel None

Amy Forman, Attorney None

Nick Strasser, Attorney None

Norma Garcia, Attorney None

Ray Reddington, Attorney Approved - Oct 22 2020

Jeremy Jacobsen, Attorney None

Sapana Shah, Attorney None

LICENSE AGREEMENT BETWEEN

THE JERSEY CITY MOMS MEET-UP GROUP and THE CITY OF JERSEY CITY This LICENSE AGREEMENT dated as of the 1st _{day of January 2021, between the CITY OF}

JERSEY CITY (City of Licensor) with offices located at City Hall, 280 Grove Street, Jersey City, New Jersey 07302, and THE JERSEY CITY MOMS MEET-UP GROUP, (Licensee) with offices located at 61 Wayne Street Apartment #2, Jersey City, New Jersey 07302, provides as follows:

SECTION ONE Property

The Licensors own a certain property located at 280 Grove Street, Jersey City, New Jersey 07302, also described as Block 12904, Lot 1, consisting of approximately one and one half (1.5) acre of land featuring a building commonly known as City Hall and a public park in front of the building commonly known as City Hall Park (the Park).

SECTION TWO Services

Licensees wish to cultivate a garden in the fenced-in portion of the northern half of City Hall Park (the Property) at no cost to the City. This parcel of land is approximately 0.20 of an acre.

SECTION THREE Term

This License Agreement shall commence on January 1, 2021. This License Agreement shall be in effect for one (1) year and shall terminate one year later or December 31, 2021.

SECTION FOUR Fees

The Licensee agrees to pay the City one dollar ($1.00) in consideration for the use of the Property.

SECTION FIVE

Use of the Property and Improvements thereon

The Licensee agrees that the Property is to be used for gardening and for no other purpose whatsoever without the express written approval of the Business Administrator. In particular it may not be used for any commercial, business trade, manufacture, wholesale, retail or any other profit-making enterprises. All improvements made on the Property shall become the property of the City at the expiration of the term of the License without recompense to the Licensee.

SECTION SIX Quiet Enjoyment

During the term of this License Agreement the Licensor shall not terminate this agreement, except for non-payment of the fee. The Licensee shall enjoy the use and quiet enjoyment of the Property during the term of this License Agreement.

SECTION SEVEN Environmental Condition

The Licensee will hold the City harmless for any and all personal injuries, liability, claims, suits, actions, losses or damages that may result from the Licensee's use of the Property. In exchange, the City agrees to hold the Licensee harmless against any and all claims and actions arising from the participation of the Licensee in gardening activities on the Property, including, but not limited to any personal

injuries, liability claims, suits, actions, losses or damages arising from the Licensee's use of the Property. SECTION EIGHT

Indemnification

The Licensee will hold the City harmless for any and all personal injuries, liability, claims, suits, actions, losses or damages that may result from the Licensee's use of the Property. In exchange, the City agrees to hold the Licensee harmless against any and all claims and actions arising from the participation of the License m gardening activities on the Property, including but not limited to any personal injuries, liability claims, suits, actions, losses or damages arising from the Licensee's use of the Property.

SECTION TEN Reports

The Licensee must submit a report to the Adopt-A-Lot Program Officer prior to the end of the Term, setting out the use to which the Property was put during the year, the activities which the Licensee undertook in furtherance of the public purpose for which the License was granted; the approximate value or cost, if any, of such activities in furtherance of such purpose; and an affirmation of the continued tax-exempt status of the nonprofit corporation pursuant to both State and Federal law.

SECTION ELEVEN Notices

All notices and payments between the parties hereto shall be addressed and delivered to the following:

City: City of Jersey City

Business Administrator 280 Grove Street

Jersey City, New Jersey 07302 The Jersey City

Moms Meet-Up Group: XXXX President

61 Wayne Street Apartment #2 Jersey City, New Jersey 07302

IN WITNESS WHEREOF, the parties to this agreement have executed this License Agreement as of the 1st day of January 2021.

THE CITY OF JERSEY CITY

_________________________________ DATE: _______________________________ Adopt-A-Lot Program Officer

_________________________________ DATE: _______________________________ Department of Health & Human Services

_________________________________ DATE: _______________________________ Business Administrator ATTEST: ________________________ CITY CLERK LICENSEE _________________________________ _________________________________ Authorizing Official/Title Garden or Group Name