[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-2010 by Ord. No. 10-19R]
A.
The Borough is the owner of two parks, Forest Road Park and LaGrande
Park, on which there are located buildings which serve for meetings,
social functions and classes related to the goals of the Recreation
Commission ("recreation buildings").
B.
The recreation buildings are sometimes not in use by the Borough
at different times of the day and night. The Mayor and Council, in
consultation with the Recreation Commission, has determined that there
are various times during the day and night when various portions of
the recreation buildings are not needed for a public purpose.
C.
The recreation buildings or portions thereof can reasonably be leased
to private and/or nonprofit organizations for the purpose of conducting
meetings, classes and/or other recreation-related activities deemed
appropriate by the Recreation Commission.
D.
New Jersey Statutes Annotated 40A:12-14 permits a municipality to
lease real property not needed for public use.
A.
Pursuant to N.J.S.A. 40A:12-14, the Mayor and Council authorizes
the Recreation Commission to conduct an auction on or after the effective
date of this article but no later than February 1, 2011, and every
year thereafter within 30 days of that date for the purpose of leasing
portions of the recreation buildings pursuant to a memorandum of lease
with the recreation Commission ("lease").
B.
The lease shall be made to the highest bidder(s) by submission of
sealed bids.
C.
Advertisement of the bidding(s) shall be published in one of the
official newspapers in the Borough by two insertions at least once
a week during two consecutive weeks; such publication not to be earlier
than seven days prior to the letting of the lease.
D.
The Mayor and Council hereby establishes a minimum rental of $40
per hour for a period of not less than three hours, together with
payment of $100 for security. The Mayor and Council reserves the right
to reject all bids where the highest bid is not accepted, and notice
of such reservation shall be included in the advertisement of the
letting of the lease and public notice of such reservation at the
time of the letting of the lease.
E.
The Recreation Commission shall be permitted to enter into a lease
with persons not bidding as part of the auction so long as the rental
is no less than the highest bid received at the auction, together
with the security payment.
F.
The Mayor and Council may, by resolution, set out various restrictions,
conditions and limitations to be included in the lease or may delegate
this task to the Recreation Commission.
G.
Either the Mayor and Council or the Recreation Commission shall have
the right to cancel said lease upon 30 days' written notice or
as a result of the failure of the tenant to make the rental payment
under the lease within 10 days of the first of any month.
