city council first-read ordinances, 07/14/2010 - jersey city

8/9/2019 City Council First-Read Ordinances, 07/14/2010 - Jersey City

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City Clerk File No.Agenda No.Agenda No.

Ord. 10-0893.A 1st Reading

2nd Reading & Final Passage

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

CITY ORDINANCE 10-089TITLE: AN ORDINANCE AUTHORIZING THE CITY OF JERSEY CITY TO REVERT TO A

CALENDAR FISCAL YEAR FROM A STATE FISCAL YEAR

BE IT ORDAIND BY THE City of Jersey City that pursuant to N.J.S.A 40A:4-3.1 et. seq., thatthe City of Jersey City may commence operating on a Calendar Fiscal Year beginning withCalendar year 2011; andBE IT FURTHER ORDAIED that this ordinance shall tae affect upon approval of the LocalFinance Board of the application as required by law.

APPROVED AS TO LEGAL FORM APPROVED:APPROVED:

Corporaton Counsel

Certification Required 0Not Required 0

hid:usines Administrator I


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Ord. 10-0993.B 1st Reading



CITY ORDINANCE 10-099TITLE: ORDINANCE AUTHORIZING THE IMPOSITION OF ENVIRONMENTAL DEED

RESTRICTIONS ON HATON PAR, BLOCK 283.1, LOT 1THE MUCIPAL COUNCIL OF THE CITY OF JERSEY CITY HEREBY ORDAIS:

WHREAS, the City of Jersey City is the owner of Hamilton Park, designated on the City's Offcial TaxMap as Block 283.1, Lot 1 (Propert); andWHEREAS, during the course of constrcting certin improvements to the Propert, it was determined thatthe Propert was contaminated in par with lead, arsenic, polynuclear aromatic hydrocarbons, andbenzopyrene and benzoanthacene; andWHREAS, the City of Jersey City performed site and soil remediation on the Propert in accordance withNew Jersey Deparent of Environmental Protection Technical Requirements; andWHREAS, because containants wil remain in certin areas of the Propert, above New JerseyDeparent of Environmental Protection stadards, the City of Jersey City must agee to restrict the use ofthe Propert, preserve the environmental remediation actions performed on the Propert and otherwisesubject the Propert to certin statutory and regulatory controls; and

WHEREAS, in order to implement the necessar statutory and regulatory controls, and to ensuretheir potential endurance, the City of Jersey City is required to execute and record a Deed Notice affectingthe Propert.NOW, THEREFORE, BE IT ORDAID, by the Municipal Council of the City of Jersey City that:1. The Mayor or Business Administrator is authorized to execute and record Deed Notice to imposecertin environmental controls and use restrictions on Hamilton Park, Block 283.1, Lot 1.2. The Deed Notice shall be in substatially the form attched hereto, subject to such modification as

the Business Administrator or the Corporation Counsel deems necessar or appropriate; and3. The Mayor or Business Administrator is authorized to execute any other documents necessar or

appropriate to effectuate the puroses of the within ordinance.JMe7/07/10

APPROVED AS TO LEGAL FORMf)ratifi APPROVED:APPROVED: Busines AdministatorCertification Required 0Not Required 0


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Prepared by:

Recorded by:

(Signatue, Offcer of County Recording Offce)

(Print name below signatue)DEED NOTICE .

Ths Deed Notice is made as of the -.th day of_ _,2010, by the City of Jersey City,280. Grove Street,Jersey.City, NJ 07302 (together with h1s!herlits/their successors and assigns,collectively "Owner").

1. THE PROPERTY. The City of Jersey City, 280 Grove Street, Jersey City, NJ 07302 is theowner in fee simple of certin real propert located at 25 West Hamlton Place (Hamlton Park)designated as Block 283.1 Lot 1 on the tax map of the City of Jersey City, Hudson County; the New. Jersey Deparent of Environmental Protection Program Interest Number (preferred ID) for thecontaated site which includes ths propert is 505150; and the propert is more parcularlydescnbed in Exhbit A, which is attached hereto aid made a par hereof (the "Propert").

2. DEPARTMENT'S ASSIGNED BURAU. The Bureau of Nortern Field Operations wasthe New Jersey Deparent of Environmenta Protection program that Was responsible for theoversight of the remediation of the Propert. The matter wasNJDEP Preferred ID No. 505150, andCase No. 09-06-29-1610-04.

3. SOIL CONTAMATION. The City of Jersey City has remediated contamated soil at thePropert, and the New Jersey Deparent of Environmenta Protection approved a remedial actionon October 9, 2009, such tht soil contaation remais in cert areas of the Propert whichcontai contaants in concentrations that do not allow for the unestrcted use of the Propert;ths soil contaation is descnbed, including the tye, concentration . and specific location of suchcontamants, in Exhbit B, which is attched hereto and made a par hereof.. As a result, there isastatutory requiement for ths Deed Notice and engieering controls in accordance with NJ.S.A.58:10B-13.

4. CONSIDERATION. In accordance with the New Jersey Deparent of EnvironmentalProtection's approval of the remedial action work plan for the remediation of the site whichincluded the Propert, and bi consideration of the terms and conditions of that approval, and othergood and valuable-consideration, Owner has agreed to subject the Propert to certain statutory andregUatory requiements which impose restctions upon the. use of the Propert, to restrict certuses of the Propert, and to provide notice to subsequent owners, lessees and operators of the

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restrctions and the monitoring, maintenance, and biennal certification requirements outlined in thsDeed Notice and required by law, as set fort herein.5A.RESTRICTED ARAS. Due to the presence of these contamnants, the Owner has agreed,

as par of the remedial action for the Propert, to restrct the uSe of certain pars of the Propert (the"Restrcted Areas"); a narative description of these restrctions, along with the associatedmonitorig and maintenance actiVities and the biennal certfication requirements are provided inExhbit C, which is attached hereto and made a par hereof. The Owner has also agreed to maitaina list of these restrctions on site for inspection by governental enforcementoffcia1s.

5R. ENGINERIG CONTROLS. Due to the presence and concentration of thesecontamants, the Owner has also agreed, as par of the remedial action for the Propert, to the. placement of certai engineering controls on the Propert; a narative description of theseengieerig controls, along with the associated monitorig and maitenance activities and thebiennal certification requirements are provided in E:xbit C.6A. ALTERATIONS, IIvROVEMENTS, AN DISTUANCES.

i. Except as provided in Paragraph 6B, below, no person shall make, or allow to be made,any alteration, improvement, or distubance in, to, or about the Propert which distubs anyengieerig control" at the Propert without fist obtaig the express wrtten consent of theDeparent of Environmental Protection. Nothg herein shal constitute a waiver of theobligation of any person to comply with all applicable laws and regulations including, without .limtation, the applicable rules of the Occupational Safety and Health Admstration. Torequest the consent of the Deparent of Environmental Protection, contact:

Deparent of Environmental ProtectionDivision of Remediation Management and ResponseBureau of Operation, Maintenance, and MonitorigDeed Notice Inspection Program .P.O. Box 413401 E. State Street

. Trenton, NJ 08625-0413ii. Notwithstanding subparagraph 6A.i., above, the Deparent of EnvionmentalProtection's express wrtten consent is not requied for . any alteration, improvement, ordistubance provided that the owner, lessee or operator:

(A) Notifies the Deparent of Envionmental Protection of the activitybycalling theDEP Hotline, a(1-877-WAR-DEP or 1-877-927-6337, with twenty-four (24) hours afterthe begig of each alteration, improvement, or distubance;

(B) Restores any distubance of an engineerig control to pre-distubance conditionswith sixty (60) calendar days after the intiation of the alteration, improvement ordistubance;

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(C) Ensures that all applicable worker health and safety laws and regulations arefollowed durg the alteration, improvement, or distubance, apd durg the restoration;

(D) Ensures that exposure to contamation in excess of the applicable remediationstandards does not occur;(E) Submits a written report, describing the alteration, improvement, or distubance, to

the Deparent of Environmental Protection with sixty (60) calendar days after the end ofeach alteration, improvement, or distubance. The owner, lessee or operator shall include inthe report the natue of the alteration, improvement, or distubance, the dates and duration ofthe alteration, improvement, or distubance, the name of key individuals and. theiraffliations conductig the alteration, improvement, or distubance, a description of thenotice the Owner gave to those persons prior to the distubance, the amounts of soilgenerated for disposal, if any, the fial disposition and any precautions taken to preventexposure. The owner, lessee, or operator shall submit the report to:

Deparent of Environmental ProtectionDivision of Remediation Management and ResponseBureau of Operation, Maitenance, and MonitorigDeed Notice Inspection ProgramP.O. Box 413401 E. State StreetTrenton, NJ 08625-0413

6B. EMERGENCIES. In the event of an emergency which presents, or may present,. anunacceptable risk to the public health and safety, or to the envionment, any person may temporarlybreach any engieerig control provided that that person complies with each of the following:

. i. Imediately notifies the Deparent of Envionmental Protection of the emergency, bycalling the DEP Hot1ineat 1-877-WAREP or 1-877-927-6337;ii. Limts both the actual djstubance and the time needed for the distubance to the

mimum reasonably necessar to adequately respond to the emergency;iii. Implements all measures necessar to limt actual or potential, present or futue risk ofexposure to human or the envionment to the contamation;iv. Notifies the Deparent of Envionmental Protection when the emergency has ended bycalling the DEP Hotline at 1-877-W AREP or 1-877-927-6337;v. Restores the engieerig control to the pre-emergency conditions as soon as possible, and

provides a wrtten report to the Deparent of Envionmental Protection of such emergency andrestoration efforts with siXty- (60) calendar days after completion of the restoration of theengieerg control. The report must include all inormation pertent to the emergency,potential discharges of contamants, and restoration measures that were .implemented, which, ata Inum, should specify: (a) the natue and likely cause of the emergency, (b) the potentialdischarges of or exposures to. contamants, if any, that may have occured, (c) the meases

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that. have been taken to mitigate the effects of the emergency on human health and theenvionment, (d) the measure~ completed or implemetlted to restore the engieering control, and(e) the changes to the engieerig control or site operation and maintenance plan to preventreoccurence .of such conditions in the futue. The owner, lessee, or operator shall submit thereport to:

Deparent of Environmental ProtectionDivision of Remediation ~anagementand Response.Bureau of Operation, Maintenance, and MonitorigDeed Notice Inspection ProgramP.O. Box 413401 E. State StreetTrenton, NJ 08625-0413)

-7 A. MONITORIG AND MAENANCE OF DEED NOTICE, AND PROTECTNENESSCERTIFICATION. The .persons in any way responsible, pursuant to the Spil Compensation andControl Act, N.J.S.A. 58:1q-23.11a et seq., for the hazardous substances that remain at thePropert, the persons responsible for conductig the remediation, the Owner, and the subsequentowners, lessees,. and operators, shal monitor and maintai ths Deed Notice, and certfy to theDeparent on a biennal basis that the remedial action that includes ths Deed Notice remalsprotective of the public health and safety and of the environment. The subsequent owners, lesseesand operators have ths obligation only durg their ownership, tenancy, or operation. The specific

. obligations to monitor and maitai the deed notice shall include all of the followig:i. Monitoring and maintaig ths Deed Notice accordig to the requirements in Exhbit C,

to ensure that the remedial action that includes the Deed Notice continues to be protective ofthepublic health and safety and of the environment;

ii. Conductig any additional remedial investigations. and implement any additional remedialactions, that are. necessar to correct, mitigate, or abate each problem related to theprotectiveness of the remedial action for the site prior to the date that the. certfication is due tothe Deparent pursuant to iii, below, in order to ensure that the remedial action that includesths Deed Notice remain protective of the public health and safety and of the envionment.

iii. Certfy to the Deparent of Environmental Protection as to th continued protectivenessof the remedial action that includes ths Deed Notice, On a form provided by the Deparent andconsistent with N.J.A.C. 7:26C-1.2 (a)i,everytwo years on the anversar of the date stampedon the deed notice that indicates when the deed notice was recorded;

7B. MONITORIG AN MATENANCE OF ENGINERIG CONTROLS, ANPROTECTNENESS CERTIFICATION. The persons in any way responsible, pursuant to the SpilCompensation and Control Ad, N.J.S.A. 58:10-23.11a et seq., for the hazardous substances thatremai at the Propert, the person responsible for conductig the remediation, and, the Owner, anthe subsequent owners,. lessees, and operators, shall maitai. all engieerig controls at thePropert .and. certfy to the Deparent on a biennal basis that the remedal action. of which eachengieerig control is. a par remais protective of the public health and safety. and of theenvionment.. The subsequent owners, lessees and operators have ths obligation only durg their

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ownership, tenancy, or operation. The specific obligations to monitor and maintain the engieerig." controls shall include the foll()wing:i. Monitorig and maintainig each engieering control according to the requirements in .Exhbit C, to. ensure that the remedial action that includes the engieering control contiues tobe protective of the public health and safety and of the environment;ii. Conductig any additional remedial investigations and implement any additional remedal

actions, that are necessar to correct, lItigate~ or. abate each problem related to. theprotectiveness of the remedial action for the Propert prior to the date that the certfication isdue to the Deparent pursuant to iii, below, in order to ensure that the remedial action thatincludes the engieering control remais protective of the public health and safety and of theenvionment.. iii. Certify to the Deparent of Environmental Protection as to the continued protectivenessof the remedial action that includes the engieerig control, on a form. provided by the

Deparent and consistent with N.J.A.C. 7:26C-1.2 (a)l, every two years on the anversar ofthe date stamped on the deed notice that indicates when the deed notice waS recorded.8. ACCESS. The Owner and the subsequent owners, lessees and operators agree to allow theDeparent, its agents and representatives access to the Propert to inspect and evaluate thecontinued protectiveness of the remedial action thatinc1udes ths Deed Notice and to conduct

additional remediation to ensure the protectiOn. of the public health and safety and of theenvironment if persons responsible for monitorig the protectiveness of the remedial action, asdescribed in Paragraph 7, above, fail to conduct such remediation pursuant to this Deed Notice asrequied by law. The Owner, and the subsequent owners and lessees, shall also cause all leases,

. subleases, grants, and other wrtten transfers of an interest in the Restrcted Areas to contain aprovision expressly requig tlat al holders thereofprovidesch access to the Deparent.9. NOTICES.

i. The Owner and the subsequent owners and lessees, shal cause all leases, grants, and otherwrtten transfers of an interest in the Restrcted Areas to contai aprovision expressly requirgall holders thereof to take the Propert subject to the restrctions contaied herein and to complywith all, and not to violate any of the conditions of ths Deed Notice.. Nothg contaied in thsParagraph shall be constred as litig any obligation of any person to provide any noticerequired by any law, regulation, or orer of any governental authority.

ii. Owner and all subsequent owners and lessees shall notify any person intending to conductinvasive. work or excavate with the Restrcted Areas at the Propert, including, withoutlitation, tenants, employees of tenants, and contractors of the natue and location ofcontamation in the Restcted Areas, and, of the precautions necessar to lInie potentialhuman exposure to contamants.

iii. The O-werand the subsequent owners shall provide wrtten notice to the Deparent ofEnvionmental Protection at least th (30) calendar days before the effective date of any

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conveyance, grant, gift, or other transfer, in whole or in par, of the owner's interest in theRestrcted Area. .iv.The Owner and the subsequent owners shall provide wrtten notice to the Deparent

with th (30) calendar days following the owner's petition for or filing of any documentintiating a rezonig of the Propert. The Owner and the subsequent owners. shall submit thewrtten notice to:

Deparent of Environmental ProtectionDivision of Remediation Management and ResponseBureau of Operation, Maitenance, and MonitorigDeed Notice Inspection Progriu .P.O. Box 413401 E. State StreetTrenton, NJ 08625-0413.

10. ENFORCEMENT OF VIOLATIONS.i. Ths Deed Notice itself is not intended to create any interest in real estate in favor of the

Deparent of Environmental Protection, nor to create a lien against the Proper, but merely isintended to provide notice of certai conditions ard restrctions on the Property and to reflectthe regulatory and statutory obligations imposed as a con~itional remedial action for ths site.

ii. The restrctions providedhereir may be enforceable solely by the Deparent against anyperson who violates ths Deed Notice. To enforce violations of ths Deed Notice, theDeparent riayintiate one or more enforcement actions pursuant to N.J.S.A. 58:10-23.11uand requie additional remediation and assess damages pursuant to N.J.S.A. 58: 10-23.1 19.11. SEVERAILITY. If any cour of competent jursdiction determes that any provision of

ths Deed Notice requies modification, such provision shall be deemed to have been modifiedautomaticaly to conform to such requiements. If a cour of competent jursdiction determes thatany provision of ths Deed Notice is invalid or unenforceable and the provision is of such a natue,that it canot be modified, the provision shall be deemed deleted from ths instrent as though theprovision had never been included herein. In either case, the remaig provisions of ths DeedNotice shal remai in full force and effect.

12. SUCCESSORS AN ASSIGNS. Ths Deed Notice shall be binding upon Owner and uponOwner's successors and assigns, and subsequent owners, lessees and operators while each is anowner, lessee, or operator of the Property.

13. MODIFICATION AND TERMINATION., i. Any person may Tequeat in wrtig, at any tie, that the Deparent modify ths DeedNotice where pedormance of subsequent remecIal actions, a change of conditions at the

Proper, or the adoption of revised remediation standards suggest that modification of the DeedNotice would be appropriate.

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ii. Any person may request in wrtig, at any tie, that the Deparent termate ths DeedNotice because the conditions which trggered the need for ths Deed Notice are no longerapplicable.

iii. . Ths Deed Notice may be revised or terminated only pon filing of an instrent,executed by the Deparent, in the offce of the Hudson County Register Deed and Mortgages,New Jersey, expressly modifyg otterminatii:g ths Deed Notice.14A. EXHIBIT A. Exhbit A includes the following maps of the Propert and the vicinty:

1. i. ExhbitA-l: A Site Vicinty Map that identifies, by name, the roads and otherimportant geographical featues in the vicinty of the Propert is provided in ExhibitA-I.

n. ii. Exhbit A-2: A Tax Map that identifies the property. and neighboring lots isprovided as Exhbit A-2.11. iii. Exhbit A-3: Metes and Bounds Description - A metes and bounds description of thePropert, including reference to tax lot and block numbers for the Propert;iv. Exhbit A-4: Propert Map - A scaled map of the Propert, scaled at one inch to 200feet or less, and if more than one map is submitted, the maps shall be presented asoverlays, keyed to a base map; and the Propert Map shall include diagrams of majorsurace topographical featues such as buildigs, roads, and parking lots.

14B. EXHIBIT B. Exhbit Bincludes the following descriptions of the Restrcted Areas:i. Exhbit B-1: Restrcted Area Map - A separate mapfor each restrcted area that includes:

(A) As-built diagrams of each engieerig control, including caps, fences, slur walls,ground water monitorig wells, and ground water pumping system;(B) As-built diagrams of any buildings, roads, parkig lots and other strctues that

fuction as engieerig controls; and

(C) Designation of all soil and sediment sample 10ctions with the restrcted areas thatexceed any soil or sediment standard that are keyed into one of the tables described in thefollowing paragraph.ii. Exhbit B-2: Restrcted Area Data Table - A separate table for each restrcted area thatincludes: .

, (A) Sample location designation from Restrcted Area map (Exhbit R.. 1);(B) Sample elevation based upon mean sea level;

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(C) Name and chemical abstract service registr number of each contamant with aconcentration that exceeds the unestrcted use standard;(D) The restrcted and unestrcted. use standards for each contamant in the table; and(E) The remaig concentration of each contamnant at each. sample location at eachelevation (or if historic fill, iiclude data from the Deparent's default concentrations atN.J.A.C. 7:26E-4.6, Table 4:'2).

14C. EXHffIT C. Exhbit C includes narative descriptions of the institutional controls andengieerig controls as follows:.i. Exhbit-1: Deed Notice as Institutional Control: Exhbit C-1 includes a narativedescription of the restrction and obligations of ths Deed Notice that are in ddition to thosedescribe above, as follows: .

(A) General Description of ths Deed Notice:

(1) Description and estiated size of the Restrcted Areas as described above;

(2) Description of the restrctions on the Propert by operation of ths Deed Notice;and .(3) The objective ofthe restrctions.

(B) Description of the monitorig necessar to deteime whether:

(1) Any distubances of the soil in the Restrcted Areas did not result in theunacceptable exposure to the soil contamation;(2) There have been any land use changes subsequent to the filing of ths DeedNotice or the most recent biennal certification, whicheveris more recent;(3) The curent land use on the Propert is consistent with the restrctions in thsDeed Notice;(4) Any newly promulgated or modified requirements of applicable reguations orlaws apply to the site; and(5) Any new standards, reguations, or laws apply to the site that might necessitateadditional_sampling in order to evaluate the protectiveness of the remedial action whichincludes ths Deed Notice, and conduct the necessar sampling.

(C) Description of the following items that will be included in the biennal cerfication:

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(1) A monitorig report that describes the specific activities, pursuant to (A) and (B),above, cOiducted in support of the biennal oertfication of the protectiveness of the. remedial action that includes ths Deed Notice;

(3) The remedial action that includes ths Deed Notice contiues to be protective ofthe p1.blic health and safety and of the enviorient.ii. Exhbit C-2: Concrete Slabs and Sidewalks: Exhbit C-2 includes a narativedescrption of concrete slabs and sidewalks as follows:

(A) General Description of the engieering control:

(1) Description of the engieering control;(2) The objective of the engieerig control; and

. (3) How the engieerig control is intended to fuction.(B) Description of the operation and maitenance necessai to ensure that: .

(1) Periodic inspections of each engieerig control are pedormed in order todeterme its integrty, operability, and effectiveness;(2) Each engieerig control continues as designed and Ihtended to protect the publichealth and safety and the envionment;(3) Each alteration, excavation or distubance of any engieerig control is timely

and appropriately addressed to maitai the integrty of the engieerig control;. (4) Ths engieerig control is being inspected and. maitaied and its integrty

remais so that the remedial action continues to be protective of the public health andsafety and of the envionment;

(5) A record of the self-inspection dates, name of the inpector, results of theinpection and conition(s) of ths engieerig control. Sampling, for example, may benecessar if it is not possible to visually evaluate the integrty/ pedormance of thsengieerg control; and

(6) Any new standads, reguations, or laws apply to the site that might necessitateadditional samplig in order to evaluate the protectiveness of the remedial action whichincludes ths Deed Notice, and conduct the necessar samplig.(C) Descrption of the followig items that wil be included in the biennal cerfication:

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(1) A monitorig report that describes the specific activities, pursuant to (A) and (B),above, conducted in support of the biennal certfication of the protectiveness of theremedial action that includes ths Deed Notice;(2) The engineerig controls continue to operate as designed; and(3) The remedial action that includes the engieerig control continues to be

protective of the public health and safety and of the envionment.iii. Exhbit C-3: Asphalt Pavement: Exhbit C-3 includes a narative description ofasphalt pavement as follows:(A) General Description of the engieerig control:

(1) Description of the engieerg control;(2)

The objective of the engieerig control; and

(3) How the engieerig control is intended to fuction.(B) Description of the operation and maitenance necessar to ensure that:

(1) Periodic ~nspections of each engieerig control are performed in order todeterme its integrty, operabilty, and effectiveness;(2) Each . engieerig control continues as designed and intended to protect the publichealth and safety and the envionment;(3) Each alteration, excavation or distubance of any engieerig control is tiely

and appropriately addressed to maitai the integrty of the engieerig control;(4) Ths engieerig control is being inspected and maitained and its integrty .remais so that the remedial action contiues to be protective of the public health andsafety and ofthe envionment;(5) A record of the self-inpection dates, name of the inspector, results of the

inspection iid condition(s) of ths engieerig control. Sampling, for example, may benecesse.ry if it is not possible to visualy evaluate the integrty/ performance of thsengie~rig control; and(6) Any new standards, reguations, or laws apply to the sit~ that might necessitate

additional sampling in order to evaluate the protectiveness of the remedial action whichincludes ths Deed Notice, aid conduct the necessar samplig. .(C) Description of the followig items that wi be included in the biennal cerfication:

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(1) A monitorig report that describes the specific activities, pursuant to (A) and (B),above, cnducted in support of the biennal certfication of the protectiveness of theremedial action that includes ths Deed Notice;(2) The engineerig controls contiue to operate as designed; and

(3) The remedial action that includes the engieerig control continues to beprotective of the pblic health and safety and of the environment.iv. Exhbit C-4: Landscaped Soil Areas: Exhbit C-4 includes a narative description oflandscaped soil and stone cap areas as follows:

(A) General Description of the engieerigcoiitrol:(1) Description of the engieerig control;(2) The objective of

the engieerig control; and

(3) How the engieerig control is intended to fuction.(B) Description of the operation and maitenance necessar to ensure that:

(1) Periodic inspections of each engieering control are pedormed il order todeterme its integrty, operability, and effectiveness;(2) Each engineerig control continues as designed and intended to protect the publichealth and safety and the envionment;(3) Each alteration, excavation or distubance of any engieerig control is tiely

and appropriately addressed to maitain the integrty of the engieerig control;(4) Ths engieerig control is being inpected and maintaied and its integrtyremais so that the remedial action contiues to be protective of the public health andsafety and of the envionment;(5) A record of the self-inspection dates, name of the inspector, resuts of theinspection and condition(s) of ths engieerg control. Sampling, for example, may benecessar if it is not possible to visually evaluate the integrty/ pedormance of thsengieerg control;. and(6) Anynew standards, reguations, or laws apply to the sitethat might necessitate

additional sampling in order to evaluate the protectiveness of the remedial action whichincludes ths Deed Notice, and conduct the necessar samplig.(C) Description of the followig items that wi be included in the biennal cerfication:

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(1) A monitorig report that describes the specific activities, pursuant to (A) and (B),above, conducted in support" of the biennal certfication of the protectiveness of theremedial action that includes ths Deed Notice;

(2) The engieerig .contro1s contiue to operate as designed; and(3) The remedial action that includes the engieerig control contiues to be

protective of the public health and safety and of the environment.

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15. SIGNATUS, IN WITNSS WHEREOF, Owner has executed ths Deed Notice as of thedate fist wrtten above.ATTEST: City of Jersey City

By

(Prit name and' title) (Signatue1STATE OF NEW JERSEY _COUNTY OF HUSON SS.:

(a) ths person is the . : of City of Jersey City,( secretar/assistant secretar). the corporation named in ths document;

(b) ths person is the attestig witness to the signng of ths document by the proper../ corporate offcer who is the (president/vice president) of the corporation;(c) ths document was signed and delivered by the corporation as its voluntar act and was

dily authorized; .. (d) ths person knows the proper seal of the corporation which was affed to ths document;and(e) ths person signed ths proofto attest to the trth of these facts. .

(SignatueJ

(Prit name and title of ~ttesting witness)Signed and sworn before me on ,2010

, Notar Public

(Prit name and title)

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EXHITS

EXHIT A- MAS OF PROPERTY AN VICINTYEXHIT A-I: VICINTYMAEXHBIT A-2: TAXMAEXHIT A-3: METES AN BOUNS DESCRITIONEXHBIT A-4: PROPERTY MA

EXHIT B-. DESCRITION OF RESTRICTED ARAS. -EXHIT B-1A TO B-1D: RESTRICTED ARA MASEXHIBIT B-2: RESTRICTED ARA DATA TABLEEXHIT B-3: CROSS SECTION OF ENGINERJG CONTROLS

EXHIT C - NARTIV DESCRITION OF INSTITUTIONAL CONTROLSEXHIT C-i: DEED NOTICE AS INSTITUTIONAL CONTROL

EXHIT C-2: CONCRETE SLABS AN SIDEWALKS AS ENGINERIG CONTROLEXHIT C-3: ASPHAT PA YEMENT AS ENGINERIG CONTROLEXHIT C-4: LANSCAPED SOIL AN STONE CAP ARAS AS

ENGINERIG CONTROL

5177-009* 1E


17/92

EXHIT AMAS OF PROPERTY AN VICINTYExhibit A-I: . Vicinity Map .Exhibit A-2 . Tax MapExhibitA-3 Metes and Bounds Description .ExhibitA-4 Property Map


18/92

~ 2"'4 = NWOE

SFROM: . Jersey City, NJ-NY Quadrangle, 7.5 Minute Series (Topographic)" USGS, 1967, Photorevised 1981.

m MELICK-TULLY AND ASSOCIATES, P.C. VICINITY MAP.Geotechnical Engineers&: Envlronmentol Consultants117 Conol RoadSouth Bound Brook, New Jersey 08880(908) 356-3400 . DEED NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY, NEW JERSEYCITY OF JERSEY CITYJOB NO.

5177-009*1 EFILE NO.24200 DR. BYTE CHK. BYRDL DATE8-24-09 SCALE1" = 2000' EXIBITA-1


19/92

0: CN1 g- s......- QlUm: s,Z 50 ..'f0 ~:?' 0: 43L. 40eo

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0:26 "'8cB' Z ;24:D9'100 -23"-E ::." r-si rr 2f (f. 0.21 \6.110~. 'II . IS.... 1: tsHAMILTON PLACE::0. EXE"'T ~""'LToH I I'A.X ur Ao ~~'v/"~ ~::, ~ .'(''' I i ..;':("",. ii /.-"

II ,\v,J 1.,// \\ii ) . ~ \\_.. l-- " L_-, '-__--I r--, . \.J ;---7-'---.;:' \ \ ) :83.L, \ 11\ \/ / G.K ','.. / .) ( ,II, ./ l/" '" ... I. I/"/' "-//...:-- '--:/- ,_ ~ '..'i ir "\.ij l i "'0ii 400

~Ri: REV. MSGR. LEROY McWILt.JAMS PL~. -. ,

~

Ret Jersey City Tax Map, 1977.

00 100

Z.lllAc.oo

I: yr-zwf-360 oo.

322.* PL A

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~I 230

PL 8

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~m MELICK-TULLY AND ASSOCIATES, P.C.Geotechnical Engineiirs& Environmental Consultants117 Conol RoodSouth .Bound Brok, New Jersey 08880(90) 356-3400 TAX MAPDEED NOnCEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY, NEW JERSEY

CITY OF JERSEY CITYJOB NO.

5177 -009*1 EFILENO.24200 DR. BYTE CHK. BYRDL DATE8-24-09 SCAL1" = 200' EXIBITA-2


20/92

METES AN BOUNS DESCRIPTIONHAILTON PARCITY OF JERSEY CITYHUSON COUN, NE JERSEY

BEGINNING at the intersection of the northeriy line of EighthStreet with the westerly li~e of Rev. McWilliams Place (formerlyEast Hamil ton Plac-e), said point being marked by a set survey capin concrete sidewalk, thence';1. Alohg said line of Eighth street, N83D 48' 58"W, a distance of490.52 feet to the intersection of said line with the easterlyline of West Hamilton Pla.ce, said point being marked by a setsurvey cap in concrete sidewalk, thence;2. Along said line ofWest Hamilton Place :N06D 21' 02"E, adistance of 4.8.2.31 feet to the intersection of said line with

the southerly. line of Ninth Street, said point being marked bya set survey cap in concrete sidewalk, thence;3. Along said line of Ninth Street 8830 4 0' 41 "E, a distance of490.52 feet. to the intersection of said line with the abovementioned line of Rev. McWilliams Place (formerly EastHamilton Place), .said point being marked by a set survey cap

in concrete sidewalk, thence; .4. Along. said line of Rev. McWilliams. Place (formerly EastHamilton l?lace) S06 21' 02"W, a distance of 481.13 feet tothe POINT AN PLACE OFB.EGINNING.

COhtaining an a:rea ofS .432 acres.

.

.

METES AND BOUNDS DESCRIPTIONDEED NOTICE

. BLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY, NEW JERSEY

CITY OF JERSEY CITYfl MEUCK-TULLY AND ASSOCIATES, P.C.Geotechnical Engineersli Envlronmenlal. Consultants117 Canal RoodSouth Bound Brook, New Jersey 08880. (908) 356-340. JOB NO.5177-009*1E FILE NO.24200 DR. BYTE .

CHK.8YRDL

DATE8-24-09

SCALENA

EXIBIT .A-3


21/92

ItU li-. CJ-J -.Q. -JQ.~ (/e ~J ~-~ -J~ -J~0i- ~~

EIGHTH STREET

\

m MEUCK-TULlY AND ASSOCIATES, P.C.Geotechnical. Ehgin~rs& Environmental Consultants117 Canal RoadSouth Bo.und Brook. New Jersy 08880- (9oa) 356-3400 PROPERTY MAPDEED NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSN COUNTY, NEW JERSEYCITY OF JERSEY CI11'

JOB NO.5177-009*1E FILENO.24200 DR. BYTE CHKBYRDL DATE8-24-9 SCAL1" = 100' XIBITA-4


22/92

EXHITBDESCRIPTION OF RESTRICTED ARAS

Exhibit B-IA to B-ID Restricted Area Maps (Overview and Details)..Exhibit B-2 Restricted Area Data Plan

Exhibit B-3 Restricted Area Data TableExhibit B-4A to B-4C Cross Section of Engineering Controls


23/92

~e::~ li:"0:::)Q.i-t3~

.f$

NINTH STREET

lio:)Q.

.- "0; . - ~ EIGHTH STREETRESTRICTED AREA OF

LEAD IMPACTED HISTORICFILL BELOW TOPSOILRESTRICTED AREA OFARSENIC AND PAHIMPACTED TOPSOIL

KEY: ENGINEERING CONTROLS:I I CONCRETE SLAB/SIDEWALK/CURB AREA~~~~~~~~~~~ ASPHALT CAP AREA

RESTRICTED AREA MAP OVERVIEWMEUCK-JULLY AND ASSOCIATES, P.C. DEED. NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY,NJCITY OF JERSEY CITY

CAPPED AREASOIL CAP AREA

Geotechnical Engineers4: Environmental Consultants117 Canal RoadSouth Bound Brok. New Jersey 08BBO

. (732) 356-3400

JOB NO. 5177-009*lE fILE NO. 24200 DR. BYDPN CHK. BY DATERDL 6-15-10 SCALE1"=100' EXHIBITB-1A


24/92

NINTH STREET, ':"W':_-:. u.---4'i#:=1i~~:ry:'$__~---,-:~J.'_/. .

+t

:.~k,, ,.. t'~., ---, i2 r-l. -- i.. L-y SQARE MH #7RIM 10.40., "1m IN 5,70I RE TO EN"1!lE."l'" W PLAN SHff 32 FOR,, ~ flDINA SPOi.J If ElA1l~ _~RE"''H f5..i~ f1: ~.~o t.-~

Ai--\'7~. \

,,

,...'i\ ,.. -t ENGINEERING CONTROLS:I ..1 CONCRETE SLAB/SIDEWALK/CURB AREA._ SOIL/GEOTEXTILE FABRIC CAP AREA

RUBBER PLAY SURFACE/SOIL/GEOTEXTLEFABRIC CAP AREAo CONCRETE SONITUBE

.f$ MEUCK-TULLYAND ASSOCIATES, P.C.GeotechnIcal EngIneersa: Envlronmental Consultants117 Canal RoadSouth Bound Brook. New Jersey OB880(732) 356-3400 RESTRICTED AREA MAP - DETAILDEED NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY,. NJCITY OF JERSEY CITYJOB NO. 5177-009*1E riLE NO. 24200 DR. BYDPN CHK. BY DATERDl 6-15-10 SCAl1-=40' . EXHIBITB-1B


25/92

NINTH . STREET\ -d

IiI., "i

J..'1.-

i

~oj. I

r.........l.................... ............Inn I- ASPHALT CAP AREA ENGINEERING CONTROLS:RUBBER PLAY SURFACE/SOIL/GEOTEXTLEFABRIC CAP AREACONCRETE SLAB/SIDEWALK/CURB AREASOIL/GEOTEXTILE FABRIC CAP AREA oe METAL UTIUTY COVERCONCRETE SONITUBEm MEUCK-TVLLY AND ASSOCIATES, P.C.GeotechnIcal EngIneersa: Environmental Consultants117 Canal RoadSouthBound Brook, New Jersey 08880(732) 356-3400 RESTRICTED AREA MAP - DETAILDEED NOTICE.BLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY, NJCITY OF JERSEY CITYJOB NO. 5177-009*1 E FILE NO. 24200 OR. BYDPN CHK. BY DATERDL 6-15-10 SCALE EXHIBIT1-=40'- -c-B~-ie .- ---


26/92

.~()h--..~ li~ (j:r ~-- :';:,. Q ltrh :1:.' r\ ~:~~ ~ l.~. 'l p~$ t~/, .'~-.\ ~

r.........l..............................I I.-

! ~,,J"r- ; .r r rf'~j ~, '- '.,\ ,..,I '\i J~" .:-_XJ . ) INY IN 6.6~N) VlNY IN "" .26(S~'-y , ./liv OUTio,59 :24 LF isi HOPE :~ 0 2%' '.. l \.. ___ :11.25~II ... "ii rl -'..0 IdL. ,..,~ ~('" " '-t5,e: j (i.I \~. - ~f. ,~~ ~\1/ .~\ k--r)(\ ~l j\~ JJ

\I

1___.i'.ETO?SHEE.31 l'g,~ADDITON NSPOT ".'l:CM110S-----'';:';:"0-\-l~.. '';l.?'-V

rf--- rtE 'A' I1-') ~ 11.60l ).... lii 9,00-.- '-;t./"'J,-~. _./\I\\\ ,/. I/ri "'.. ~."'.. t , .,,'A~IN. .2(D':GR 9. .:IN. + ! 'li ".14 '- f~ r). j\.'\'-.1 .

ASPHALT CAP AREA

ENGINEERING CONTROLS:RUBBER PLAY SURFACE/SOIL/GEOTEXTILEFABRIC CAP AREA

CONCRETE SLAB/SIDEWALK/CURB AREA 0 . CONCRETE SONITUBESOIL/GEOTEXTILE FABRIC CAP AREA CI OR II METAL UTIUTY COYER

.fl MEUCK-TULLY AND ASSOCIATES, P.C.Geotechnical Engineers4: Environmental Consultants117 Canal Road .South Bound Brook. t.ew Jersey 08880(732) 356-3400 RESTRICTED AREA MAP - DETAILDEED NOTICEBLOCK. 283.1, LOT 1JERSEY CITY,- HUDSON COUNTY, NJCITY OF JERSEY CITY

Joe NO. 5177-009*lE FILE NO.. 24200 DR. BYDPIi CHK. BY DATERDL 6-15-10 SCAL1"=40' EXHIBIT. .B-1O


27/92

Sample Location lP-23Sample Depth (Il) 0.lU.5ANLYTE Concentration in PPM "A" "B"Benzo(e)anthracene 3.82 0.6. 0.60Benzo(b)ula-ntene ... . ....284 . .. . -"'~6'-- --~7:i--iienzo(a)pyii----..---:ijf--.- -I-0.6r-Indeno(123ir-.-..-T--- .- o.i--i7-Ibenz(aiianthrceie- --:i1--- -0.2 - 015-AiS-----------ii4--- ---19- -W--Sample Loation lP-23Sample Dept (I) 1.0-1.5ANALYTConcentralion in PPMBenzo(a)pyrene 0.260

Sample LoationSample Depth (Il)ANALYTBenzo(a)pyrene 0.33Aiel----.--- ------25:s---~

Sample LocatonSample Depth (Il)ANALYT .Benzo(a)pyrene

"A" 'B'0.2 0.6f "A" "B"0.2 0.61.-19-- ---:"All 118110.2 0.61--:-- ---:--

Sample LoatonSample Dept (Il)ANLYTBenzo(a)pyreneSample LotionSample Depth (il)ANYlBenzo(a)anthrceneBenzo(a)pyrene

Sample Location lP.22Sample Depth (ft.) 0.lU.5.ANALYT Concenlraonin PI' 'A" "B'Ibenz(ah)anthracen 0.66 0.2 0.25

PDM-52.5-3.0

Concentration in PPM 'A' "B'604 400. 138.9

'A' 'B'0.2 0.61

Sample Lotion B-5Sample Depth (il) RII ComposeANYl Concenton in PPM 'A'Benzo(a)pyrene Q.27 02LT---- ---.2,540----.. ""---- lP-llSample Location lP-6 OM.5Sampie Depth (ft.) 0.0-0.5 Concentration in PPM 'A' liS-ANYl Concentraion in PPM tlA'1 "a" 0212 0.2 0.61Benzo(a)pyrene 0208 0.2 0.61 LP-L1Sample Loation lP-6 1.0-1.5Sample Dept (Il) 2.5-.0 Concentration in PPM 'A" "B'ANALYT Concentrtion in PPM 'A' 'B' 0:415 0.2 0.61Beno(a)pyrene 0.204 0.2 0.61~ - lP-17,,Oi. . .. 0.lU.5",50 ;-,- Concention in PPM "A' 'B"~~:, :!eii . 0.418 0.2 0.61:i .. EIGHTH STREETSample Loaton lP-9 Sample Location lP-8Sample Depth (I) 2.5-.0 Sample De ~ft) 2.5-.0ANLYT Concenration in PPM 'A" "B' ANAYT Concentron in PPM 'A' 'B"Led 581 400 138.9 Lead 1,20 . 400 138.9KEY: Sample Location ISample Dept (t)

ANALYT Concentration in PPM 'A' 'B'. .

---ETRICTED AREA OF ARSENIC. ANDPAH IWPACTE TOPSOIL

"A II NJDEP RESIDENAl DIRECT CONTACTSOIL REMEDIATION STANDARD ... . ...

RESTRICTED AREA OF lED IMPACTEHISTORIC nLL BELOW TOPSOIL .B "MEA AMBIENT BACKGROUND lELS

FOR PAHS .AND METAL IN URBANPIEDMONT SOILS (NJDEP, 1997)m t.ELlCK~TULLY AND ASSOCIATES, P.C.Geotechnical Engineersa: Environmental. Consultants. 117 Canal RoadSouth Bound Brook, New Jersey 08880(732) 356-3400 RESTRICTED AREA DATA PLANDEED NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY, NJCITY OF JERSEY CITYJOB NO. ....5177-009*lE FILE NO. 24200 DR. BYDPN CHK. BYRDL DATE6/15/2010 . SCAL1"=200' EXHIBITB-2


28/92

. EXlIT B-3RESTRICTED ARA DAtA TABLEDEED NOTICE. BLCK 283.1, LOT 1

CITY OF JERSEY CITY, HUSON COUNTY, NEW JERSEYCASE #09-06-29-1610-04Location Contaminant CAS Sample Elevation . Concentration NJDEP NJDEP Historic FilNumber (feet above mean (ppm) RDCSRS Database Valves (2) (ppsea level) (ppm) (l Maximum Averae:eTP-i Benz(a)pyrene 50-32-8 11 0.217 0.2 120 . 1.89TP-2 Arsenic 7440-38-2 11 22.1 19 1,098 13.15TP-2 Benzo( a)Dyrene 50-32-8 11 0.252 0.2 120 1.89TP-3 Benzo( a)pyrene 50-32-8 10.5 0.503 0.2 120 1.89TP-3 Benzo( a) anthracene 56-5Se3 9 0.963 0.6 160 1.7TP-3 Benzo( a)Dvrene 50-32-8 9 0.376 0.2 120 1.89TP-6 Benzo(a)pyrene 50-32-8 11 0.208 0.2. 120 1.89TP-6 Benzo( a)pyrene 50-32-8 8.5 0.204 0.2 120. 1.89B-5 Benzo( a)pyrene 50-32-8 10 0.227 0.2 120 1.89B-5 Lead 7439-92-1 . 10 2,540 400 10,700 574TP-8 Lead 7439-92-1 8 1,220 400 10,700 574TP-9 Lead 7439-92-1 9 581 400 10,700 574PDM-5 Lead 7439-92-1 8 604 400 10,700 574TP-11 Benzo(a)pvrene. 50-32-8 11 0.212 0.2 120 1.89TP-11 Benzo(a)pyrene 50-32-8 10 0.415 0.2 120 1.89TP-17 Benzo( a)pyrene 50-32-8 13 0.418 0.2 120 1.89TP-21 Benzo( a)pyrene 50-32-8 13 0.333 0.2 120 1.89TP-21 Arsenic 7440-38-2 . 13 25.9 19 1,098 13.15TP-22 Dibenz(ah)anthacene 53-70-3 12.5 0.666 0.2 25 1.24TP-23 Benz( a)anthacene 56-55-3 12 3.82 0.6 160 1.37TP-23 Benzo(b )f1uoranthene 205-99-2 12 2.84 0.6 110 1.91TP-23 Benz( a)pyrene 50-32-8 12 3.19 0.2 120 1.89TP-23 Indeno(123-cd)ovrene 193-39-5 12 1.91 0.6 67 1.41TP-23 Dibenzah)anthacene 53-70-3 12 0.631 0.2 25 1.24TP-23 Arsenic 7440-38-2 12 23.4 19 1,098 13.15TP-23 Benz(a)pyrene 50-32-8. 11 0.260 0.2 120 1.89

Notes:ppm(1)(3)

parts per milionRDCSRS = Residential Direct Contact Soil Remediation Standards -7:26E-4.6(b) 3, Table 4-2

5177-009*lE


29/92

.TYPICAL CAPPING AT LANDSCAPED AREASGEOTEXLE FABRIC. (MIRAFI 140N)

. iitJl~l~/lfit"ililt~i~~iirt~'jll~~lfli.I!~NOTE:1. This drawing is part of l.elick- Tully and Associates,P.C. Report No. 51n~009'IE and should be read

together wllh the report for complete evaluation.2. General layout was obtained from on unlabeleddrwing provided by the client.

Wi MELICK-TULLY AND ASSOCIATES, P.C.Geotechnical EngineersA: Environmental Consltants117 Conal RoadSouth Bound Brook.. New Jersey oaaso(732) 356-3400CROSS-SECTION OF ENGINEERING CONTROLS

DEED NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON. COUNTY, NJ

CITY OF JERSEY CITYJOB NO.

51 n-OOg*l E FILE NO. 24200 DR. BYVJD CHIC BY . DATERDL S-29-09 SCA EXHIBITNT. -ol


30/92

TYPICAL CAPPING AT CONCRETE SLAB/SIDEWALK AREAS..

SLAB SIDEWALK PAVERS.q .4 .4 . .q fS

.l!ll"1!;i,I~m~qJlb~1~itt~~ltJ~lifJltirlliilI~I~~~NOTES:

1. This drawing Is port af Melick-Tully ond Associates,P.C. Report No. SI77-009'IE and should be reodlogelher wllh the repart 10r complete evoluotion.

2. General loyout was obtained 1rom an unlobeleddrawing provided by the client.

Fi MEUCK-TULLY AND ASSOCIATES, P.C.GeotechnIcal Engineersli Environmental Consultants117 Canal RoadSouth Bound Brook, New Jersey 088BO(732) 356-3400 CROSS-SECTION OF ENGINEERING CONTROLSDEED NOTICEBLOCK 283..1, LOT 1JERSEY CITY,. HUDSON COUNTY, NJCITY OF JERSEY CITYJOB NO. 5177-009*1E FILENO. 24200 DR. BYYJD CHK. BY. DATERDL 8-2~-0~ SCALtI EXHIBITB-.c


31/92

TYPICAL CAPPING AT ASPHALT CAP AREASGEOTEXTILE FABRIC (MIRAFI 140N. OR EQUIVALENT)

.1lJ~11lii~fJJ~\rfrliif;~~ftt!i~~iflllffMll1JJI~lillNOTES:

I. ThIs drawing is part of Melick-Tully and Associates,P.C. Report No. SI77-009-IE and should b. reodtogether wllh the report for complete evaluation.

2. Cen.eral layout was obtained from on unlabeleddrawing provided by the client.

..Fl MELICK-TULLY AND ASSOCIATES, P.C. .Geotechnical Engineers& Environmental ConsuJlants117 Canol RoodSouth Bound Brook, New Jersey 08880(732) 356-3400CROSS- SECTION OF ENGINEERING CONTROLS

DEED NOTICEBLOCK 283.1, LOT 1JERSEY CITY, HUDSON COUNTY, NJCITY OF JERSEY CITY

JOB NO.. 5177-009*1 E FILE NO. 24200 DR. BYVJD CHK. BY DATERDL 8-29-09 SCALENTS EXHIBitB-4C


32/92

EXHITCNAR TIV DESCRIPTION OF INSTITUTIONAL CONTROL

Exhibit C-l Deed Notice as Institutional ControlExhibitC-2 Concrete Slabs and Sidewalks as EngineeringControlsExhibit C-3 Asphalt Pavement as Engineering ControlExhibit C-4 . .Landscaped Soil Cap Areas as Engineering'Controls


33/92

EXIBITC-lNarrative Description of theInstitutional .Control on the Property

A) General Description of this Deed Notice:1) The Restricted Areas includes the nortern and a portion of the southwestern par ofHamlton Park, The Restricted Areas are shown on Exhbit B- 1. The Restricted Area is

afected by historic. fill materials .containng lead, and two polynuclear aromatichydrocarbons (PARs), benzo(a)pyrene and henzo(a)anthacene at concentrations abovethe curent NJDEP "Resideritial Direct Contact" Soil Remediation Standards(RCSRS). . The lead, benzo(a)pyrene and benzo(a)anthacene concentration data isshown on Exhbit B-2. In addition, an area of impacted topsoil containig arsenic,benzo( a) anthacene, . benzo(b )fluoranthene, benzo( a )pyrene, indeno( 1 ,2,3-cd)pyrene anddibenz(a,h)anthacene at concentrations. above the curent NJDEP RDCSRS.

2) The restrctions on the Propert are describedas follows:The propert has a restrcted use due to the presence of lead, arsenic and P AH abovethe curent RDCSRS. An NJDEP approved cap has been constrcted to minizepotential exposure to the historic fill and topsoil materials. The engineering control asdescribed in ths Deed Notice shall be properly maintained as described herein. Any. proposed land distubance on the propert beyond those requied to address and restoreemergency conditions is subject to prior review and approval by NJDEP.

B) Description of Necessary Monitoring Requirements:

. The Deed Notice requies biennal monitoring to determine whether:1) whether any distubances of the engineered cap in the Restrcted Area resulted in the

unacceptable exposure to the on-site soil contaation;2) there have been any land use changes subsequent to the filing of this Deed Notice or themost recent biennal certification, whichever is more recent;

3) the curent land use on the Propert is consistent with the restrctions in ths DeedNotice;

4) any newly promulgated or modified requiements of applicable reguations or laws applyto the site; and5) any new stadards, reguations, or laws apply to the site that might necessitate additiona

sampling inordr to evaluate the protectiveness of the remedial action which j.cludesths Deed Notice, and conduct the necessar samlig.C) DescriptiOn of the followig items that wi11 be included in the biennal certcation:

1) A monitorig report that describes the specifc activities, pursuant to (A) and (B), above,conducted in support of the biennal certfication of the protectiveness of the remedialaction that includes ths Deed Notice; . . .5177-009* 1E


34/92

2) Land use at the propert is consistent with the restrictions of ths Deed Notice; and3) The remedial action, which includes this Deed Notice, continues to be protective of thepublic health and the safety of the environment.

5177-009*lE


35/92

EXIIT C-2Narrative Description of theEngieering Controls on the PropertConcrete Slabs and Sidewalks

. A) General Description of the Engineering Control.1) A description of the engineering control:

The concrete slabs and sidewalks are present with the Restrcted Areas of. Hamlton Park. The concrete slabs and sidewalks are a mium of 4 inches in .thckness.2) The objective of the engineering control:

The objective of the engineering control is to encapsulate the Restrcted Area tomize exposure to the on-site historic fill and topsoil materials.3) The intended fuction of the engineering control:

The engieering control wil fuction as the concrete surfaces and sidewalks at thesite,

B) Description of the operations and maintenance necessary to ensure that:1) Periodic inspections of each engineerig control shall be performed by a representative

of the propert owner to determe the integrty, operability, and effectiveness of theengieering controls;2) Each inspection shall determine whether each engieering control continues as designed

. and intended to protect the public health and safety and the environment;3) Each alteration, excavation or distubance of any engineering control is timely and

appropriately addressed to mainta the integrty of the engineerig control; .4) This engieering control is being inspected and maitaed and its integrty remais sothat the remedial action. continues to be protective of the public health 'and safety and of

the environment;5) A record of the self-inpection dates, name of the inpector, results of the inspection and

condition(s) of ths engieerig control. Samplig, for example, may be necessar if it isnot possible to visualy evaluate the integrity/performance of ths engieerig control;and .6) Any new standards, reguations, or laws apply to the site that might necessitateadditional samplig in order to evaluate the protectiveness of the remedial action which.includes ths Deed Notice, and conduct the necessar samplig.

5177-009* 1E


36/92

C) Description of the following items that will be included in the biennal certification:1) A monitorig report that describes the specific activities, pursuat to (A) and (B), above,conducted in support of the biennal certification of the protectiveness of the remedialaction that includes ths Deed Notice; ~2) The engineering controls continue to operate as designed; and3) The remedial action that inCludes the engieerig control contiues to be protective ofthe public health and safety and of the environment.

5177-009* 1E


37/92

EXHBITC-3Narrative Description of theEngineering Controls on the Property.

Asphalt PavementA) General Description of the Engieering Control.

1) A description of the engineerig control: . .Thenortm Restrcted Area at Hamton Park contais an asphalt paved recreationarea. The asphalt pavement is a mium of 4 inches in thckness.2) The objective of the engineering control:

The objective of the engineering control is to encapsulate the Restricted Area tomize exposure to the on-site historic fill and topsoil materials.3) The intendec; fuction of the engieering control:

The engineering control will fuction as a recreational area at the site.B) Description of the operations and maintenance necessar to ensure that:

1) Periodic inspections of each engieerig control shall be performed by a representativeof the propert owner to determe the integrty, operability, and effectiveness of theengieering controls;2) Each inpection shall determe whether each engieering control continues as designed

and intended to protect the public health and safety and the environment;3) Each alteration, excavation or distubance of any engieerig control is tiely and

appropriately addressed to maita the integrty of the engieerig. control;4) This engieerig control is being inpected and mataed and its integrity remai sotht the remedial action contiues to be protective of the public health and safety and ofthe environment;5) A record of the self-inpection dates, name of the inspector, results of the inpection andcondition( s) of ths engieerig control. Sampling, for example, may be necessary if it is .

not possible to visualy "evaluate the integrty/performance of ths engieerig control;and6) . Any new standards, reguations, or laws apply to the site that might necessitateadditional samplig in order to evaluate .the protectiveness of the remedial action whichincludes ths Deed Notice, and conduct the necessar saJplig.

C) Description of the followig items that wil be included in the.biennal certfication:

5177-009*lE


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1) A monitoring report that describes the specific activities, pursuant to (A) and (B), above,conducted in support of the biennal certification of the protectiveness of the remedialaction that includes ths Deed Notice;

2) The engieering controls continue to operate as designed; and

3) The remedial action that includes the engineering control continues to be protective ofthe public health and safety and of the envionment.

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EXIITC-4Narrative Description of theEngineering Controls on the PropertLandscaped Soil Cap Areas

A) General Description of the Engineering ControL.1) A description of the engieering control:

The. nortern Restrcted Area at Hamilton Park contai landscaped soil cappedareas. The landscaped soil cap area in the nortern Restrcted Area of the park is amimum of 6 inches of clean fill aId/or mulch placed. upon a layer of geotextilefabric (Mirafi 140N, or equivalent). The Restricted Area in the southwestern portonof Hamton Park contais landscaped topsoil above historic fill materials.

2) The objective of the engineerig control:The objective of the engineering control is to encapsulate the Restrcted Area tomize exposure to the on-site historic fill materials and area of impacted topsoil.

3) The intended fuction of the engieering control:The engieerig control will fuction as -landscaped areas at the site.

B) Description of the operations and maintenance necessary to ensure that

1) .Periodic inpections of each engineering control shall be pedormed by a representativeof the propert owner to determe the integrty, operability, and effectiveness of theengieering controls;.2) Each inpection shall determe whether each engineerig control contiues as designedand intended to protect the public health and safety and the envionment;3) Each alteration, excavation or. distubance of any engieerig control is tiely and

appropriately addressed to maitai the integrty of the engieerig control;4) Ths engieerig control is being inspected and maintaied and its integrty remais sothat the remedial action continues to be protective of the public health and safety and of

the environment;5) A record of the self-inpection dates, name of the inspector, results of the inspection and

condition(s) of ths engineerig control. Sampling, -for examle, may be necessar if it isnot possible to visualy evaluate the integrty/pedormance .of ths engieerig control;and .6) Any new standards, reguations, or laws apply to the site that might necessitateadditional samplig in order to evaluate the protectiveness of the remedial action which

includes ths Deed Notice, and conduct the necessar sampling.

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C) Description of the following items that will be included in the biennal certification:1) A monitorig report that describes the specifc activities, pursuant to (A) and (B), above,conducted in support of the biennal certification of the protectiveness of the remedialaction that includes ths Deed Notice;2) The engieering controls continue to operate as designed; and3) The remedial action that includes the engieerig control continues to be protective of

the public health and safety and 6fthe environment.

.5177-009* 1E


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City Clerk File No. Ord. 10-091Agenda No.Agenda No.

3.e 1st Reading2nd Reading & Final Passage


CITY ORDINANCE 10-091TITLE: ORDINANCE ABOLISHIG THE ELLIS ISLAN COMMSSION

THE MUCIPAL COUNCIL OF mE CITY OF JERSEY CITY DOES ORDAIN:WHREAS, the City of Jersey City desires to appoint and sta all boards, agencies, and commissions thatare authorized by state statues, are properly constituted, and serve importt governental functions; andWHREAS, the City Clerk is responsible for maintaining the list of boards, agencies, and commissions, aswell as, the names and terms of individuals serving on same. Through review, it has become evident that .certain boards and commissions no longer serve importnt governent functions and have been left unfilledfor a number of years. One such defunct commission is the Ellis Island Commission; andWHREAS, it is importnt to City governent to maintain and update appointments and terms of serviceto the varous boards, agencies, and commissions in the City, it is also importt to do away with entities thatno longer serve an importt governental function.NOW, THEREFORE, BE IT ORDAID, by the Municipal Council of the City of Jersey City that:i. The Ells Island Commission wil now be deleted from the list of boards, agencies, and commissionsmaintained by the City Clerk.A. All ordinances and pars of ordinances inconsistent herewith are hereby repealed.B. This ordinance shall be a par of the Jersey City Code as though codified and fully set forth therein.The City Clerk shall have this ordinance codified and incorporated in the offcial copies of the Jersey CityCode.C. This ordinance shall tae effect at the time and in the maner as provided by law.D. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed tochange any chapter numbers, aricle numbers and section numbers in the event that the codification of thisordinance reveals that there is a conflct between those numbers and the existing code, in order to avoidconfusion and possible accidental repealers of existing provisions.NOTE: All material is new; therefore, underlining has been omitted.

For purposes of advertising only, new matter is indicated by bold faceand repealed matter by italic.AV/he7/07/10

APPROVED AS TO LEGAL FORM~o~ APPROVED:APPROVED: m~usi~ministrator "'Certification Required 0Not Required 0


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CITY OF JERSEY CITYOffice of the City Clerk

280 G rove StreetJersey City, New Jersey 07302

Telephone: (201) 547-5150Fax: (201) 547-5461

. The Ellis Island, New Jersey, Commission.NAM ADDRESS WARD TERM EXPIRS

Cheryl Allen-Munley 72 Bissell Road 5/10/97(5/11/94) Anandale, N.J. 08833 .;John J. Cronin .17 Fairount Terrace B 5/10/97Resigned .(5/11/94) ..Donato Battista 252A Nort Street D 5/10/97Resigned(5/11/94)Peter T.D. Murhy 18 W. Hamilton PI. . E 5/10/97(5/11/94)Joan D. Lovero 74 Suburbia Cour A 5/10/97Resigned.(5/11/94) .Sarue1 Sutphen . 22 Highland A venue C 5/10/97Resigned(5/25/94)

.Carel6 Sita 3218 Kennedy Blvd. C 5/10/97Resigned.(5/25/94)Jerrmiah T. Healy, Mayor 5/10/2002MayorAlternate:Maraio Vega, Jr., Council Member 5/10/2002.Council Pres.Alternate:

Updated: 7/13/2005

11


43/92

City Clerk File No. Ord. 10-0923.0 1st Reading

2nd Reading & Final PassageAgenda No.Agenda No.

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

CITY ORDINANCE 10-092TITLE: ORDINANCE ABOLISHIG THE HU RIGHTS COMMSSION

THE MUCIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAI:WHREAS, the City of Jersey City desires to appoint and staff all boards, agencies, and commissions thatare authorized by state statues, are properly constituted, and serve important governmental functions; andWHREAS, the City Clerk is responsible for maintaining the list of boards, agencies, and commissions, aswell as, the names and terms of individuals serving on same. Through review, it has become evident thatcertain boards and commissions no longer serve importt government functions and have been left unfilledfor a number of years. One such defunct board commission is the Human Rights Commission; andWHREAS, it is important to City governent to maintain and update appointments and terms of serviceto the various boards, agencies, and commissions in the City, it is also importntto do away with entities thatno longer serve an importt governental function.NOW, THREFORE, BE IT ORDAID, by the Municipal Council of the City of Jersey City that:1. The Human Rights Commission wil now be deleted from the list of boards, agencies, andcommissions maintained by the City Clerk.A. All ordinances and pars of ordinances inconsistent herewith are hereby repealed.B. This ordinance shall be a par of the Jersey City Code as though codified and fully set forth therein.The City Clerk shall have this ordinance codified and incorporated in the offcial copies of the Jersey CityCode.C. This ordinance shall take effect at the time and in the maner as provided by law.

D. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed tochange any chapter numbers, aricle numbers and section numbers in the event that the codification of thisordinance reveals that there is a conflct between those numbers and the existing code, in order to avoidconfusion and possible accidental repealers of existing provisions.NOTE: All material is new; therefore, underlining has been omitted.For puroses of advertising only, new matter is indicated by bold faceand repealed matter by italic.AV/he7/07/10

APPROVED AS TO LEGAL FORM

9;co~nselAPPROVED:APPROVED:

Certifcation Required 0Not Required 0


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280 Grove StreetJersey City, New Jersey 07302Telephone: (201) 547-5150Fax: (201) 547-5461

Jersey City Human Rights CommissionNAME ADDRESS WARD TERM EXPIRES

Manoj Kumar Patel - DECEASED 3152 Kennedy Boulevard B 1/31/2001(3/11/98)Nari Murjani - DECEASED 2555 Kennedy Boulevard B 1/31/2004(4/1 0/2002) - .Ada Nieves 17 Erie Street E 1/31/99(1/31/96)Joyce Clayborne - RESIGNED 65 Yale Avenue B 1/31/2004(10/5/01 )Rev. Austin Harrold 28 Lexington Avenue B 1/31/2004(9/21/01)Domingo Hornilla, Jr. 92 Riverview Road A 1/31/2005(3/11/2002)Vijay Gupta 2449 Kennedy Blvd. B 1/31/99(2/22/96)Salle Anne Porter RESIGNED 258 Barrow Street E 1/31/99(9/6/96)

. Clarence Jones RESIGNED 331 Forrest Street F 1/31/99(9/6/96)Ann Tucciarone 26 Reservoir Avenue C 1/31/99(2122/96) .Nancy Rivera 72 Henry Street C 1/31/98(10/9/96) .Rhudella Snellng 218 Myrtle Avenue F 1/31/98.(131/96) .Santiago Muzones 389 Manila Avenue E 1/31/2003(3/11/2002)Jeanette D. Williams 313 91h Street E .1/31/2003(2/27/2002)Gaudencio J. Soriano 36 Cottage Street C 1/31/2003(212712002)Pramodkumar Upadhyay 320 Fairmount Avenue B 1/31/2003(3/13/00)Dr. Fouad Shafik 2210 Kennedy Blvd. B 1/31/2000(5/30/97)

Upd: 5f24f007

17


45/92

City Clerk File No. Ord. 10-0933. E 1st Reading



CITY ORDINANCE 10-093TITLE: ORDINANCE ABOLISHIG THE MUCIPAL DRUG & ALCOHOL ABUSE ALLIACE

TH MUICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAI:WHREAS, the City of Jersey City desires to appoint and staff all boards, agencies, and commissions thatare authorized by state statues, are properly constituted, and serve importnt governental functions; andWHREAS, the City Clerk is responsible for maintaining the list of boards, agencies, and commissions, aswell as, the names and terms of individuals serving on same. Through review, it has become evident thatcertain boards and commissions no longer serve important governent functions and have been left unfilledfor a number of years. One such defunct board or commissions is the Municipal Drug & Alcohol AbuseAllance;WHEREAS, it is importt to City governent to maintain and update appointments and terms of serviceto the various boards, agencies, and commissions in the City, it is also importt to do away with entities thatno longer serve an importnt governmental function.NOW, THEREFORE, BE IT ORDAIND, by the Municipal Council of the City of Jersey City that:i. The Municipal Drug & Alcohol Abuse Alliance wil now be deleted from the list of boards,agencies, and commissions maintained by the City Clerk.A. All ordinances and pars of ordinances inconsistent herewith are hereby repealed.B. This ordinance shall bea par ofthe Jersey City Code as though codified and fully set forth therein.The City Clerk shall have this ordinance codified and incorporated in the offcial copies of the Jersey CityCode.C. This ordinance shall tae effect at the time and in the marer as provided by law.

D. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed tochange any chapter numbers, aricle numbers and section numbers in the event that the codification of thisordinance reveals that there is a conflct between those numbers and the existing code, in order to avoidconfusion and possiple accidental repealers of existing provisions,NOTE: All material is new; therefore, underlining has been omitted.

For purposes of advertising only, new matter is indicated by bold faceand repealed matter by italic.AVlhe7107110

~o~?del APPROVED:APPROVED:APPROVED AS TO LEGAL FORMCertification Required 0Not Required 0


46/92


47/92

City Clerk File No. Ord. 10-0943.E 1st Reading



CITY ORDINANCE 10-094TITLE: ORDINANCE ABOLISHIG TH MUCIPAL PORT AUTHORITY

THE MUCIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAI:

WHREAS, the City of Jersey City desires to appoint and staff all boards, agencies, and commissions thatare authorize by state statues, are properly constituted, and serve importt governental functions; andWHREAS, the City Clerk is responsible for maintaining the list of boards, agencies, and commissions, aswell as, the names and terms of individuals serving on same. Through review, it has become evident thatcertin boards and commissions no longer serve importt governent functions and have been left unfilledfor a number of years. One such defunct board or commissions is the Municipal Port Authority; andWHREAS, it is importt to City governent to maintain and update appointments and terms of serviceto the various boards, agencies, and commissions in the City, it is also importt to do away with entities thatno longer serve an importt governmental function.NOW, THEREFORE, BE IT ORDAID, by the Municipal Council of the City of Jersey City that:1. The Municipal Port Authority wil now be deleted from the list of boards, agencies, and commissionsmaintained by the City Clerk.A. All ordinances and par of ordinances inconsistent herewith are hereby repealed.B. This ordinance shall be a par of the Jersey City Code as though codified and fully set forth therein.The City Clerk shall have this ordinance codified and incorporated in the offcial copies of the Jersey CityCode.C. This ordinance shall tae effect at the time and in the maner as provided by law.

D. The City Clerk and the Corporation Counsel be and they are hereby authorizd and directed tochange any chapter numbers, aricle numbers and section numbers in the event that the codification of thisordinance reveals that there is a conflct between those numbers and the existing code, in order to avoidconfusion and possible accidental repealers of existing provisions.NOTE: All material is new; therefore, underlining has been omitted.For puroses of advertising only, new matter is indicated by bold faceand repealed matter by italic.AV/he7/07/10

APPROVED AS TO LEGAL FORM APPROVED:APPROVED:Corporaton Counel Busines Administrator

Certification Required 0Not Required 0


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280 Grove StreetJersey City, New Jersey 0J302

Telephone: (201) 547-5150Fax: (201) 547-5461

Municipal Port AuthorityNAME ADDRESS WARD TERM EXPIRES

James Morley 6 Suburbia Terrace A 2/1/2006(1/8/2003) .Douglas Salters 28 Duncan Avenue B 2/1/2000(04/12/95)Jerramiah Healy 1 09 Ferry Street C 2/1/2004(118/2003) --,- .Harry Melendez 277 York Street E 2/112003(1127/99) .. ..Barbara Netchert 299 Pavonia Avenue E 2/1/2002(1127/99)

. .

Michael Israels, Esq., AttorneyUpdated: 1/13/2003

27


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280 Grove StreetJersey City, New Jersey 07302Robert Byrne, R.M.C., City ClerkSean J. Gallagher, R.M,C., Deputy City ClerkTolonda Griffn-Ross, Deputy City Clerk

Telephone: (201) 547-5150Fax: (201) 547-5461

Jersey City Tourist Development CommissionI NAME I ADDRESS I WARD I TERM I

Ranjan B. Mody 625 Sumit Avenue C 3/15/2003(1/8/2003)Nancy Gaynor 31 River Cour E 6/30/97(3/23/94)Michael Vasilakis 1 Greene Street E 3/15/99(1/27/99)Charlene Burke 258 Woodlawn Avenue A 3/15/96(5/25/94)Michael Yun 366 Central Avenue D 3/15/964/13/94 .

Updated: 5/6/2004

35


51/92


Ord. 10-0963.H 1st Reading2nd Reading & Final Passage

ORDINANCEOFJERSEY' CITY, N J.

COUNCIL AS A WHOLEoffered and moved adoption of the following ordinance:CITY ORDINANCE 10-096

TITLE:

A FRANCHISE ORDINANCE GRANTING PERMISSION TO 110 FIRST STREET URBAN RENEWALASSOCIATES, LLC TO CONSTRUCT A LANDSCAPED YARD/PLANTED ENTRANCE AREA EXTENDINGAPPROXIMATlEY 44' WITHIN THE PUBLIC RIGHT OF WAY FOR THE LENGTH OF THE RESIDENTIALTOWER ON FIRST STREET, LOT WEST A IN BLOCK 109.

THE MUNICIPAL COUNCIL OF THE CiTY OF JERSEY CiTY DOES ORDAIN:WHEREAS, Petitioner is the owner of real property in Jersey City known as 110 First Street anddesignated Lots West A in Block 109 on the current tax map; andWHEREAS, Petitioner has filed a petition with the Municipal Council of Jersey City requesting a franchiseas shown on a Site Plan prepared by Langan Engineering, giving permission to use certain area,encroaching approximately 44 feet into the public right-of-way of First Street, more particularlydescribed in the metes and bounds descriptions on the survey prepared by Michael J. Fowler fromLangan Engineering attached hereto as Exhibit "A," as and for the construction of landscaping andsidewalks as depicted in the site plan; andWHEREAS, Petitioner has made application to the Municipal Council of Jersey City by written petition forthe franchise herein referred to, granting permission to construct landscaping and sidewalks partially inthe public right of way; andWHEREAS, the rights of the public are not injuriously or adversely affected by the requested relief; andWHEREAS, a franchise ordinance is required to permit the private improvements within the public right-of-way; andNOW THEREFORE BE IT ORDAINED by the Municipal Council of the City of Jersey City that:SECTION 1: Permission is hereby granted to the petitioner, his successors or assigns, to constructlandscaping and sidewalks partially in the public right of way as depicted in the Site Plan approved bythe City Planning Board.SECTION 2: This Ordinance shall remain in full force and effect for a period of ninety-nine (99) years. TheCity of Jersey City reserves the right to cancel this Ordinance with reasonable cause by giving writtennotice to the petitioner, his successors or assigns, one year prior to the date of cancellation.

SECTION 3: Only with prior written consent and approval by the City Council of the City of Jersey City,which consent shall. not be unreasonably withheld, shall Petitioner have the right to assign or otherwisetransfer its rights under this Franchise Ordinance.SECTION 4: In accepting the privileges of this Ordinance and the installation, maintenance and usehereby authorized, the petitioner, his successors or assigns hereby agree to assume full, complete andundivided responsibilty for any and all injury or damage to persons property by reason of saidinstallations, maintenance and use and to indemnify and hold the City of Jersey City harmless from allinjury or damage to persons or property by reason of such installation, maintenance and use for theterm of this Ordinance and so long as he is in title.


52/92

Continuation of City Ordinance ,page

A FRANCHISE ORDINANCE GRANTING PERMISSION TO 110 FIRST STREET URBAN RENEWAL ASSOCIATES, LLC TO CONSTRUCT A LANDSCAPEDYARD/PLANTED ENTRANCE AREA EXTENDING APPROXIMATLEY 44' WITHIN THE PUBLIC RIGHT OF WAY FOR THE LENGTH OF THERESIDENTIAL TOWER ON FIRST STREET, LOT WEST A IN BLOCK 109.

..The petitioner, his successors or assigns, shall maintain in effect, beginning the installation authorized byfranchise, liabilty insurance naming the City of Jersey City, its officers and employees, as insured,covering the use and occupancy of the franchised portion of First Street and shall provide the Jersey CityRisk Manager with a Certificate of Insurance in the amount of $1,000,000 as evidence thereof.

SECTION 5: All the work herein authorized shall be done under the supervision of the properdepartment or departments of the City of Jersey City. Further, all work herein authorized shall complywith any State of New Jersey Uniform Construction Code requirements. After construction there shallremain no damage to the area or interference with the free and safe flow of pedestrian traffc. Thepetitioner, his successors or assigns, shall maintain all improvements installed by it for the entire term ofthis franchise at no cost to the City.SECTION 6: The costs and expenses incidental to the introduction, passage and publication of thisOrdinance shall be paid by Petitioner.SECTION 7: The Ordinance shall not be effective unless an acceptance hereof in writing is filed by thePetitioner.SECTION 8: In the event that the petitioner shall not file with the City Clerk its acceptance, in writing, ofthe provisions of this Ordinance within thirty (30) days after receiving notice of its passage, thisOrdinance shall become void and be f no effect.SECTION 9: For the franchise herein granted, the petitioner shall pay annually to the City of Jersey Citythe sum of ONE DOLLAR ($1.00), which payment shall be made in advance to the City Finance Director,at his/her office at City. Hall, on the first day of January in each year after this Ordinance becomeseffective and remains in force.SECTION 10: This Franchise Ordinance shall be subject to the following conditions:

a) An easement upon the portion of the Property subject to this Franchise Ordinance is herebyreserved for the benefit of the City of Jersey City and all public utility companies for thepurpose of operating, maintaining, inspecting, protecting, repairing, replacing orreconstructing any existing water, sewer or utilty lines together with the right of ingress andegress at all times for such purposes and all other purposes in connection with or in any wayrelating to the City of Jersey City or public utilty companies', use or operation of water orutilty lines.

b) No building of any kind may be constructed over the water or sewer utilities within the areasubject to this franchise without the consent of the Chief Engineer of the City of Jersey City.

c) All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

d) This Ordinance shall be a part of the Jersey City Code as though codified and fully set forththerein. The City Clerk shall have this Ordinance codified and incorporated in the officialcopies of the Jersey City Code.

e) This Ordinance shall take effect the same time and in the same manner provided by law.f) The City Clerk and the Corporation Counsel are authorized and directed to change any

chapter numbers, article numbers and section numbers in the event that the codification ofthis Ordinance reveals that there is a conflict between those numbers and the existing code,in order to avoid confusion and accidental replacement of the existing provisions.

APPROVED AS TO LEGAL FORM.~~,ron Counsel APPROVED: A-~PPROVED:Certification Required 0Not Required 0


53/92

~~;1I ...,. -rn. -? ?

10/8/09

PETITION FOR FRANCHISE ORDINANCETo: THE HONORABLE MAYOR AND MUNICIPAL COUNCIL OF THE

CITYOF JERSEY CITY, NEW JERSEY

Yom Petitioner, 110 First Street Urban Renewal Associates, LLC, the successorsor assigns, with offices located at 417 Fifth Avenue, 4th Floor, New York, NY,respectfully says that:1. The petitioner is the owner of real property in Jersey City known as 110 First Street,

designated Lot West A iii Block 109 on the curent tax map.2. The lot is presently vacant although petitioner has received Preliminary Site PlanApproval for the construction. ofa35 story residential tower.3. The Jersey City Planniii,gBoard .approved the Site Plan subject to conditions.4. Jersey City is seeking to reduce the physical width of First Street Infront ofpetitoner's property5. The franchise area is approximately 160 feet wide and extends approximately 44 feetonto Frrst Street.6. A Franchise Agreement granting.perrission. to petitioner to construct landscaping

and sidewalks in the tght of way is needed. ' .7. The proposed plan attached has gone through several revisions to accbmmodate City

Planning' scomments in order to create an entrance that fits in with the characterof

neighborhood.8. WHEREFORE, Petitoner, the successors or assigns, respectfully pray for permissionto consttuct landscaping and sidewalks extending 44' within the public tght of way

in accord with the Site Plan and a Frachise Ordinance to be adopted by the CityCounciloftlie City of Jersey City.


54/92


55/92

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56/92


Ord. 10-0973.1 1st Reading



CITY ORDINANCE 10-097TITLE: AN FRANCHISE ORDINANCE GRANTING PERMISSION TO JOHN HAJJAR, ITS SUCCESSORS

AND ASSIGNS, TO INSTALL AND MAINTAIN AN ELEVATED CANOPY ALONG THE SOUTHSIDE OF GRAND STREET at 631-635 GRAND STREET A/KI A LOT: 18 IN BLOCK: 2058WHEREAS, the John Hajjar (hereinafter the "Petitioner) as the owner of parcel of property setforth herein, has filed a Petition with the Municipal Council of the City of Jersey City, requestinga franchise within the Franchise Area shown on the survey prepared by Caulfield Associates saidPetition, plan survey and legal description of the Franchise Area being on file in the office of theClerk of the City of Jersey City.

WHEREAS, the Petitioner will construct a three-story medical office building at 631-635 GrandStreet which will include a canopy that will encroach onto the adjourning sidewalk along the southside of Grand Street; andWHEREAS, the canopy is required to provide covered entrance to the building; andWHEREAS, the Petitioner has represented that the canopy is necessary for covered and egress toand from the building for invitees; andWHEREAS, the public interest will be served by this Franchise as it will advance the public safety,convenience and welfare; andWHEREAS, after due notice was given in accordance with the statute, a public hearing was heldon the Petition filed by the Petitioner, to install the canopy upon the Franchise Area as previouslydescribed. herein; andWHEREAS, the Petitioner has made application to the Municipal Council ofthe City of Jersey Citythat:NOW THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that:SECTION 1: all "WHEREAS" clauses are acknowedged and confirm as if set forth herein at length.SECTION 2: Permission is granted to Petitioner, its heirs, successors and assigns, to install a canopyon the south side of Grand Street for the purpose of safe ingress and egress to and from thebuilding located at 631-635 Grand Street within the Franchise Area described in the metes andbounds description attached hereto as Exhibit A.SECTION 3: All of the work involved in the installation of the ramp shall be done under thesupervision of the proper departments of the City f Jersey City. All work herein authorized shallcomply with any State of New Jersey Uniform Construction Code requirements. The constructionplans shall be submitted to the City Engineer for his review and comments prior to the start ofconstruction.SECTION 4: This Ordinance shall remain in full force and effect for a period of ninety-nine (99)years. The City of Jersey City reserves the right to cancel this Ordinance without cause by givingwritten notice to the Petitioner one year prior to date of cancellation.SECTION 5: This Franchise Ordinance shall be subject to the following conditions:


57/92

Continuation of City Ordinance ,page (;-0:-

AN FRANCHISE ORDINANCE GRANTING PERMISSION TO JOHN HAJJAR, ITS SUCCESSORS AND ASSIGNS, TO INSTALL AND MAINTAINAN ElEVATED CANOPY ALONG THE SOUTH SIDE OF GRAND STREET at 631-635 GRAND STREET AIKIA LOT: 181N BLOCK: 2058

a. An easement upon the Franchise Area is hereby reserved for the benefit of the Cityof Jersey City and all public utility companies for the purpose of operating,maintaining, inspecting, protecting, repairing, replacing or reconstructing anyexisting water, sewer or utility lines together with the right of ingress and egressat all times for such purposes and all other purposes in connection with or in anyway relating to the City of Jersey City's or public utility companies use or operationof,water, sewer, or utility lines.b. No building or structure of any kind may be constructed over the water, sewer orother utilities within the area subjectto thisFranchise without the consent oftheChief Engineer of the City of Jersey City.

SECTION 6: Only with prior written consent and approval by the Municipal Council of the City ofJersey City, which consent and approval shall not be unreasonably withheld, shall Petitioner havethe right to assign or otherwise transfer its rights under t

city council first-read ordinances, 07/14/2010 - jersey city

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