proposed contract to lease parking spaces on columbus drive

8/7/2019 Proposed Contract to Lease Parking Spaces on Columbus Drive

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City Clerk File No.Agenda No.Agenda No. If A.

Ord. 11-0281st Reading

2nd Reading & Final Passage3.A

.ORDINANCEOFJERSEY Cin N.J.COUNCIL AS A WHOLEoffered and moved adoption of the following ordinance:

TITLE:CITY ORDINANCE 11-028AN ORDINANCE AUTHORIZING THE CITY TO LEASE ON-STREETPARKNG SPACES IN THE CHRISTOPHER COLUMBUS DRIVEPERMIT PARKNG ZONE FROM THE JERSEY CITY PARNGAUTHORITY.

THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN:WHEREAS, the City of Jersey City (City) leases offce space at 30 Montgomery Street, JerseyCity; and .WHEREAS, the City needs parking spacesfor some of its employees who work at30 Montgomery Street; and .WHEREAS, pursuant to Ordinance 26-20 and 26-28.1 the Parking Authority ofthe City of JerseyCity (parking Authority) operates an on-street permit parking zone along Christopher ColumbusDrive from Marn Boulevard to Exchange Place; and"\WHEREAS, the Parking Authority offered to lease 95 parking spaces to the City in theChristopher Columbus Drive permit parking zone at a cost of$75.00 per space per month for amonthly total of$7,125.00 for a term often (10) months effective March 1,2011 and endingDecember 31, 2011; andWHEREAS, the City shall have the right to add or delete spaces as needed; andWHREAS, the City shall have the rightto terminate the lease without cause by giving 30 daysadvance notice of termination; and,

WHEREAS, N.J.S.A. 40A:12-5 provides that a muncipality may by ordinance authorize theleasing of real propert or personal propert; andWHREAS, the Parking Authority agrees to lease parking spaces to the City for ten (10) monthsfor a total cost of $71,250.00.payable in equal monthly installments of $7,125.00 per month; andWHEREAS, the sum of$71,250.00 is available in the fiscal year 2011 budget account#01-201-31-432-304 for lease costs incured from March 1,2011 to December 31, 2011.NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JERSEY CITYTHAT:

1) The Mayor or Business Administrator is authorized to execute a second AmendedLease Agreement with the Parking Authority subject to such modification as maybe deemed necessar or appropriate by Corporation Counsel.

02011038


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Continuation of City Ordinance 11-028 ,page 2

AN ORDINANCE AUTHORIZING THE CITY OF JERSEY CITY TOLEASE ON-STREET PARKNG SPACES IN THE CHRISTOPHERCOLUMBUS DRIVE PERMIT PARKING ZONE FROM THE JERSEYCITY PARKNG AUTHORITY.

2) The term of this Lease Agreement is for ten (10) months effective as ofMarch 1, 2011 and ending December 31,2011 for a total cost not to exceed$ 71,250.00 payable in 10 equa installments of$7,125.00. .3) The City shall have the right to add or delete spaces as needed.4) The City shall have the right at it's convenience to terminate the lease at any time

during its term by giving 30 days' notice prior to the effective date of termination.5) Funds in the amount of$71,250.00are available in Account # 11-01-201-31-432-304 for lease costs from March 1,2011 to December 31, 2011.

I, ~~ (Donna Mauer), Chief Financial Officer, herebyclrese funds are available in Account # 11- 01-201-31-432-304.P.O. # IO;lS4-7

APPROVED.~TG LEGAL FL.Corporaon Counsel

APPROVED: rfbh ... ., Ann Marie Miller~-ReaI: Es!a!e~MaAPPROVED:

Business Administrtor

Certification Required 0Not Required 0


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HEDC Employee Parking Cost per monthll-Mar-llInspectors in the field daily 34 $2,550Employee occasionaly in the field 8 . $600Employees rarely in thefield 14 $1,050Employees never in the field . 24 .$1,800Commerce employees . 6 .$450Information Technology employees 2 $150Deputy Mayor o. 1 $75Planning Board Attorney 1 $75Planning Board Chairman 1 . $75. Zoning Board Attorney 1 $75visitor . 1 $75 .Employees never in the field and below 37 ($2,775)Total 93 $6,975 .. $4,200An updated review deterrninedthat recently resigned employees were notremoved from the list. A reduction to 93spots.would be appropriate.The above analysis lists the order of priority that of spots assigned.

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LEASE AGREEMENT.

This Lease Agreement made this day of 2011,between the Parking Authority of the City of Jersey City ( Parking Authority) located at392-394 Central Avenue, Jersey City, N.J. 07307 and the City of Jersey City (City)having its principal place of business at City Hall, 280 Grove Street, Jersey City, N.J.07302.

WHEREAS, the City requires parking facilities for employees whose offices arelocated at 30 Montgomery Street, Jersey City, N.J.; and. WHEREAS, pursuant to city ordinances 26-20 and 26-28.1, the Parking Authorityoperates an on-street permit parking zone on Christopher Columbus Drive from Marin

.l3oulevard to Exchange Place; and.. WHEREAS, the Parking Authority agrees to lease to the City a total of 95 parking

spaces located in the Christopher Columbus permit parking zone; andWHEREAS, the City shall have the right to add or delete spaces as needed; andWHEREAS, the City and the Parking Authority desire to enter into thisAgreement for the leasing of parking spaces effective March 1, 2011. .Now, Therefore, in consideration of the mutual promises andcovenants set forthherein, the parties agree ~s follows: . .

ARTICLE IPREMISESThe Parking Authority does hereby lease to the City and the City. does hereby rent fromthe Parking Authority the following d eseri bed premises: a total of 95 on-street parking

. spaces in the Christopher Columbus Drive permit parking zone.


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ARTICLE IITERMFor a term effective March 1, 2011 and ending on December 31, 2011.

ARTICLE IIUSEUnder the terms of this Lease, the City shall have the right to. use and occupy 95on,.street parking spaces located in the Christopher Columbus permit parking zone andto add or delete spaces as heeded. This area is on-'street permit parking zone operated-by the Parking Authority pursuant to City Ordinance 26-20 and 26-28.1

ARTICLE IVPayment of RentThe City covenants and agrees to pay the Parking Authority an annual rent for andduring the term hereof, the sum of $71,250.00 payable at $7,125.00 per month duringthe eighth day of each month for the term of this Lease. The sum of $ 7,125.00represents the monthly rent due for 95 parking spaces at Seventy Five Dollars $75.00per parking space per month. .

ARTICLE VAssignment Sub-LeaseThe City shall not, withut the prior written consent of the Parking Authority, assignMortgagor hypothecate this Lease, not sublet or sublease the premises or any parthereof.

ARTICLE VITerminationThe term of the Lease is for ten (10) months. March 1, 2011 to December 31, 2011.The City shall have the right at its convenience to terminate the Amended Lease at anytime during its term by giving thirty (30) days' notice priorto the effective date oftermination. .

ARTICLE VII -Validity of LeaseThe terms, conditions, covenants and provisions of the Lease shall be deemed to beseverable. If any clause or provision herein contained shall be adjudged to be invalid orunenforceable by a courtof competent jurisdiction or by operation of any applicable.law, it shall not affect thevalidityor any other clause or provision herein, but such otherclauses or provisions shall remain in full force and effec . -


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ARTICLE VII .NoticesAll notices required under the terms of this Lease shall be given and shall be complete

- by mailing such notices by certified or registered mail, return receipt requested, or byhand deiivery to the parties as: shown at the head. of the Lease, ortosuch otheraddress as may be designated in writing, which iio~ice of change of address shall begiven in the same manner.. -

ARTICLE IXEntire ContractThis Lease contains the entire Contract between the parties. No representative, agentor employee of the Parking Authority has been authorized to make any representations. or promises with reference to the within letting orto vary, alter or modify the termshereof No additions, changes or modifications, renewal or extensions hereof, shall bebinding unless reduced to writing and signed by the Parking Authority and the City.

ARTICLE XThis Lease may not be filed by the City without the prior written consent of the Parking. Authority. .The Parking Authority may -pursue the relief or remedy sought in any invalid clause, byconforming the said clause with the provisions of the statutes or the regulations of anygovernmental agency in such case made and provided as if the particUlar provisions ofthe applicable statutes or regulations were set forth herein atlength. .

~In all references herein to any parties, persons, entities or corporation, the use of anyparticular gender or the plural or singular number is intended to included theappropriate gender or number as the text of the within instrumeilt may require. All theterms, covenants and conditions herein contained shall be for and shall insre to thebenefits of and shall bind the respective parties hereto,. and their heirs, executors,administrators, personal or legal representatives, successors and assigns.


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INWITNESS WHEREOF, the parties have hereunto set their hand and seals, orcaused these present"s to be signed by their proper corporate officers and their propercorporate seal to be hereunto affixed, the day and year first above written. .

ATTEST:" CITY OF JERSEY CITY

ROBERT BYRNECity Clerk

JOHN KELLYBusiness Administrator

" .WITNESS: PARKING AUTHORITY OFJERSEY CITY


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TITLE:ORDINANCE No. Ord. 11-028

3. A. MAR 09 2011 If.A.An ordinance authorizing the City to lease on-streetparking spaces inthe Christopher Columbus Drive permitparkig zone from the Jersey City Parkig Authority.

RECORD OF COUNCIL VOTE ON INTRODUCTION UliDTI )n1f 8-0COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COI:NCILPERSON AYE NAY N.VsonOLANO 7 GAUGHAN / BRENNAN i/IONNELL Y / FULOP ./ AHMAD A-: --~LOPEZ ./ RICHAROSON V VELAZQUEZ ,/

.I Indicates Vote N.V.-Not Voting (Abstai

RECORD OF COUNCIL VOTE TO CLOSE PUBLIC HEARINGCouncilperson moved, seconded by Councilperson to close P.H.COUNCILPERSON AYE NAY N.Y COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.VSOnOLANO GAUGHAN BRENNAN"" -bN~I(LY FULOP AHMADLOPEZ RICHARDSON . 'VELAZQUEZ.I Indicates Vote N.Y-Not Voting (Abstai

-,RECORD OF COUNCIL VOTE ON AMENDMENTS, IF ANYCouncilperson moved to amend" Ordinance, seconded by Councilperson & adoptedCOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.VSOnOLANO GAUGHAN BRENNAN,DONNELLY FULOP AHMADLOPEZ RICHARDSON .VELAZQUEZ

.I Indicates Vote N.V.-Not Voting (Abstai

RECORD OF FINAL COUNCIL VOTECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NVSOnOLANO GAUGHAN BRENNAN

DONNELLY FULOP AHMADLOPEZ RICHARDSON VELAZQUEZ

.I Indicates Vote N.V.-Not Voting (Abstain

Adopted on first reading of the Council of Jersey City, N.J. onAdopted on second and final reading after hearing on

MAR 09 2011

This is to certify that the foregoing Ordinance was adopted bythe Municipal Council at its meeting on APPROVED:

Robert Byrne, Cit Clerk Peter 'M. Brennan.. Council President

*Amendment(s): Date:APPROVED:

Jerramiah T. Healy, Mayor

Date

Date to Mayor

proposed contract to lease parking spaces on columbus drive

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