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  1. That the Mayor is authorized to accept and execute and the Township Clerk to attest to the agreement in the amount of $155,672.00 as the Subrecipient; and
  2. A certified copy of this resolution and executed copy of the agreement shall be forwarded to Ocean County Planning Board/CDBG Program Monitor, Municipal Administrator, Chief Financial Officer and any other interested parties.

JANICE KISTY, R.M.C. TOWNSHIP CLERK

DATED: 9-14-2021

RESOLUTION 336R-21 TITLE: RESOLUTION AUTHORIZING THE EXECUTION OF A CONSERVATION EASEMENT BETWEEN THE TOWNSHIP OF JACKSON, THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ECO-SITE AT JACKSON

MOTION TO APPROVE BY: FLEMMING MOTION SECONDED BY: BORRELLI YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSTAIN: CHISHOLM

WHEREAS, the Township of Jackson has previously entered into a Stipulation of Settlement and Order with respect to a matter entitled T-Mobile Northeast, LLC and Eco-Site II, LLC v. the Township of Jackson and the Jackson Township Zoning Board of Adjustment, under Federal Docket No. 18-cv-04014; and

WHEREAS, in accordance with the terms of that Settlement Agreement, the Township of Jackson has subsequently entered into a Lease Agreement, dated June 19, 2019, between the Township of Jackson and Eco-Site, II, LLC for the leasing of a certain portion of property owned by the Township of Jackson known as Block 17302, Lot 3 for the construction of a telecommunications tower; and

WHEREAS, the Lease Agreement provides for monthly payments to the Township of Jackson from the lessee; and

WHEREAS, in accordance with the Stipulation of Settlement and Lease Agreement, the Township of Jackson is obligated to assist Eco-Site II, LLC with the obtaining of any and all appropriate permits from the New Jersey Department of Environmental Protection; and

WHEREAS, the New Jersey Department of Environmental Protection has issued a Fresh Water Wetlands permit to Eco-Site, LLC, a condition of which requires the execution of a Conservation Easement in the form attached hereto as Exhibit A; and

WHEREAS, the Township has previously authorized the Stipulation of Settlement and Lease Agreement and now wishes to authorize the execution of said Conservation Easement of Township owned properties to assist Eco-Site II, LLC in obtaining and complying with their Fresh Water Wetlands permit;

NOW, THEREFORE, BE IT RESOLVED, this 14th day of September, 2021, by the Township Council of Township of Jackson, County of Ocean, State of New Jersey as follows:

  1. The Township Council hereby authorizes the Mayor and the Township Clerk to execute any and all necessary documents in order to implement the intent of this Resolution and the execution of the proposed Conservation Easement attached hereto as Exhibit A.
  2. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:
  3. Eco-Site II, LLC, c/o David Kenney, Esq.
  4. Gregory P. McGuckin, Esq.