WHEREAS, the City of Asbury Park (the “City”), acting in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”), has enacted the Waterfront Redevelopment Plan (as amended and supplemented, the “Redevelopment Plan”) for an area (the “Redevelopment Area”) which includes, but is not limited to, that certain property known as 209 Fourth Avenue and identified on the official tax maps of the City as Block 4104, Lots 7, 8 and 9 (the “Property”); and
WHEREAS, Asbury Partners, LLC (the “Developer”) previously received conceptual approval from the Mayor and Council on December 23, 2015 by Resolution No. 2015-434 to renovate the existing Asbury Lanes structure on Lot 9, and include additional parking to the east of the building on Lot 8 and portions of Lot 7 (the “Project”); and
WHEREAS, the Developer received the requisite approvals from the Planning Board as memorialized in Resolutions adopted by the Planning Board on April 4, 2016 and November 28, 2016 (the “Planning Approvals”); and
WHEREAS, the development of the Project in accordance with the Planning Approvals contemplates the removal of five (5) on-street parking spaces located in front of the entrance to the parking lot on the north side of Fourth Avenue, and the replacement of the spaces with on-site parking in accordance with the Infrastructure Component Report, the Waterfront Redevelopment Plan, and the Planning Approvals, and as depicted on the plan sheet attached hereto as Exhibit A; and
WHEREAS, the development of the Project in accordance with the Planning Approvals further contemplates the placement of bike racks, benches, and trash receptacles in the undeveloped portion of the Fourth Avenue right of way in front of the Project subject to the approval of the Mayor and Council for any encroachments proposed into any public right of way areas over which the City has jurisdiction; and
WHEREAS, the Mayor and City Council, acting as the City’s Redevelopment Entity, wish to permit the removal of five (5) on-street parking spaces located in front of the Project on the north side of Fourth Avenue, subject to certain conditions set forth below, and
WHEREAS, the Mayor and City Council, acting as the City’s Redevelopment Entity, to the extent that the City has jurisdiction over the areas in question, wish to permit the installation and continued presence/maintenance of the bike racks, benches, and trash receptacles in the undeveloped portion of the Fourth Avenue right of way in front of the Project, as further described in, and subject to the terms and conditions set forth in the License Agreement, attached hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Asbury Park, acting as the Waterfront Redevelopment Entity, as follows:
1. The recitals hereto are incorporated herein as if set forth at length.
2. The removal of five (5) on-street parking spaces located in front of the Project on the north side of Fourth Avenue, as further depicted in the plan attached hereto as Exhibit A, submitted in accordance with the Planning Approvals is hereby approved, provided that, the Developer must complete the construction of the on-site parking lot containing no less than nineteen (19) total vehicular parking spaces, as further detailed in the Planning Approvals.
3. That, to the extent that the City has jurisdiction over the areas in question and without making any affirmative representations with regard thereto, the City hereby grants a revocable license to the Developer for the installation and continued presence/maintenance of the bike racks, benches, and trash receptacles in the undeveloped portion of the Fourth Avenue right of way in front of the Project, as further described in, and subject to the terms and conditions set forth in the License Agreement, attached hereto as Exhibit B; provided that, nothing in this Resolution shall be construed as placing any encumbrance or limitation upon the unfettered rights in the right of way of the City or any other party that may have an interest therein, which rights or interests may necessitate the future removal of the bike racks, benches, and trash receptacles.
4. The License Agreement attached hereto as Exhibit B is approved subject to additions, deletions, modifications or revisions deemed necessary and appropriate in consultation with counsel and authorizes the Mayor, City Manager, City Clerk and other necessary City Officials to execute, deliver and accept the License Agreement and all other necessary documents and undertake all actions reasonably necessary to effectuate the License Agreement and this Resolution,
5. This Resolution shall take effect immediately.