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NOTICE IS HEREBY GIVEN, that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey, held on March 8, 2016 and will be considered for second reading and final passage at the regular meeting of said Township Council to be held on March 22, 2016 at 7:30 p.m., or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township at which time all persons interested shall be given an opportunity to be so heard concerning this ordinance. Prior to second reading, a copy of this ordinance shall be posted on the bulletin board in the Municipal Building and copies shall be made available at the Township Clerk’s Office in said Municipal Building to members of the general public who shall request such copies.

ANN MARIE EDEN, RMC Township Clerk, Township of Jackson

ORDINANCES, SECOND READING:

ORDINANCE: 09-16

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING THE EXECUTION OF A GROUND LEASE AGREEMENT WITH HESP SOLAR, LLC

PUBLIC HEARING OPENED: NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 09-16 BY: CALOGERO MOTION SECONDED BY: MARTIN YES: CALOGERO, MARTIN, UPDEGRAVE, BRESSI, NIXON

MOTION TO APPROVE ORDINANCE 09-16 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: BRESSI MOTION SECONDED BY: MARTIN YES: CALOGERO, MARTIN, UPDEGRAVE, BRESSI, NIXON

WHEREAS, the Local Lands and Buildings Law, N.J.S.A. 40A:12-14, permits a municipality to lease real property owned but not needed for public use; and

WHEREAS, the Township of Jackson owns real property known as the Legler Landfill Site (the “Site”); and

WHEREAS, the Township previously issued a Request for Proposals for a power purchase agreement and lease option for a solar photovoltaic system to be constructed at the Site, HESP Solar LLC was the successful respondent; and

WHEREAS, the governing body wishes to authorize the execution of a Ground Lease, attached hereto as Schedule A, between the Township of Jackson and HESP Solar, LLC for a term commencing on the effective date of the Agreement and terminating on the fifteenth anniversary of the Commercial Operation Date; and

WHEREAS, HESP Solar, LLC shall pay a Fixed Net Rent for Ground Lease commencing on the first day of the first month after the Commercial Operation Date and payable in 12 equal monthly installments thereafter.