New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 1 - REAL AND PERSONAL PROPERTY LEASING › Section 19:31C-1.17 - Lease with public agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Notwithstanding the advertising process set forth in
				  19:31C-1.3, FMERA, in response to
				  a solicitation for proposals by a public agency, may make a proposal to the
				  public agency to lease a parcel of land or a building and accompanying personal
				  property without publicly advertising the particular property as being
				  available for lease when the Board determines that the proposed lease with the
				  public agency is in the best interests of the Authority and the redevelopment
				  plans for Fort Monmouth considering price and other factors or that the
				  particular property offers a unique benefit to the public agency.
(b) The Director and FMERA may recommend to
				  the Board the making of a lease proposal to a public agency if the proposal is
				  in the best interests of the Authority and the redevelopment plans for Fort
				  Monmouth considering price and other factors or the particular property offers
				  a unique benefit to the public agency. The rental rate for a lease proposed to
				  a public agency may be discounted below market rent based on an evaluation
				  formula approved by the Board taking into consideration elements that may
				  include, but not be limited to: job creation; economic or community benefit(s)
				  that would not be realized from a lease to a private party; service provided to
				  municipality or county; and improved community development or educational
				  services to the region. Any recommendation to make a lease proposal to a public
				  agency shall also identify any solicited or unsolicited lease or purchase
				  proposal that the Authority may have received for the particular
				  property.
(c) FMERA may respond to
				  a request for a refined proposal or a counter-proposal from the public agency
				  that received a proposal by negotiating minor changes to the Authority's
				  proposal provided that changes to the Authority's proposal do not materially
				  change the benefits of the lease to the Authority and the redevelopment plans
				  for Fort Monmouth, price and other factors considered, based upon the above
				  noted evaluation criteria.
(d) Upon
				  acceptance by a public agency of a lease proposal made by the Authority with no
				  changes or only minor changes to the Authority's proposal or the approval by
				  the Board of a refined proposal by FMERA or a counter-proposal from a public
				  agency, FMERA may enter into a lease agreement for the particular property with
				  the public agency to whom FMERA had made an offer.
(e) If, in the period of time between when
				  the Board approves the making of a proposal to a public agency pursuant to (a)
				  above and FMERA entering into a lease agreement with the public agency, the
				  Authority is notified by some other public agency that it is interested in
				  leasing the particular property, FMERA shall advertise the property as
				  available for lease pursuant to
				  19:31C-1.3 and award a lease as
				  set forth in
				  19:31C-1.1 4. In such instances,
				  the notice for proposals advertised by FMERA may specify that only public
				  agencies are eligible bidders for leasing the particular property.