Borough of Fanwood, NJ Chapter 209 Parks and Recreation Areas

[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood as indicated in article histories. Amendments noted where applicable.]

Article I Lease of Recreation Buildings

[Adopted 12-14-2010 by Ord. No. 10-19R]

§ 209-1 Purpose; legislative authority.

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 Board of Recreation Commissioners ("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 Board of Recreation Commissioners, 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 Board of Recreation Commissioners.

D. New Jersey Statutes Annotated 40A:12-14 permits a municipality to lease real property not needed for public use.

§ 209-2 Auction; minimum rental fee; terms of lease.

A. Pursuant to N.J.S.A. 40A:12-14, the Mayor and Council authorizes the Board of Recreation Commissioners 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 Board of Recreation Commissioners ("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 Board of Recreation Commissioners 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 Board of Recreation Commissioners.

G. Either the Mayor and Council or the Board of Recreation Commissioners 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.