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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.

BE IT ORDAINED by the Mayor and Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows:

SECTION 1. The Site, known as the Legler Landfill Site, is no longer needed for public use.

SECTION 2. The Mayor and Township Council hereby approve the Ground Lease Agreement with HESP Solar, LLC and authorize the Mayor and Township Clerk to execute and attest the Ground Lease in substantially the same form as the agreement attached hereto and made a part hereof, subject to the approval of the Township Attorney.

SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION 5. This ordinance shall take effect after second reading and publication as required by law.

Date: _____

NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 8th day of March, 2016, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 22nd day of March, 2016 at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

ANN MARIE EDEN, RMC Township Clerk, Township of Jackson

PUBLIC COMMENT OPENED, RESOLUTIONS ONLY NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC COMMENT, RESOLUTIONS ONLY BY: CALOGERO MOTION SECONDED BY: MARTIN YES: CALOGERO, MARTIN, UPDEGRAVE, BRESSI, NIXON