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Resolution of the Mayor and Council of Princeton Approving a Second Amendment to the Ground Lease By and Between Princeton and Nassau HKT Urban Renewal Associates, LLC for the Park / Plaza Redevelopment Area Pertaining to Outdoor Dining on Hinds Plaza
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WHEREAS, by Resolution 2003-R54, the Mayor and Council of the former Borough of Princeton (now Princeton) approved the execution of a Redevelopment Agreement (“Agreement”) between the former Borough of Princeton and Nassau HKT Urban Renewal Associates, LLC (“NHKT”) for the Park/Plaza Redevelopment area in Princeton; and
WHEREAS, said Agreement was executed by the parties on August 13, 2003; and
WHEREAS, the Redevelopment Agreement included a ground lease (the 2003 “Ground Lease”) pursuant to which NHKT leased certain lands as particularly described in the Ground Lease for the purpose of constructing a 5-story building more particularly described as Building A in the Ground Lease and Redevelopment Agreement containing among other things 6,000 square feet of retail space, which is now occupied by the restaurants now known as the Witherspoon Grill (57 Witherspoon Street) and Kristine’s (51 Witherspoon Street), both of which are operated by DWM Holdings, Inc. (“DWM”); and
WHEREAS, by Resolution 2006-R199, the Mayor and Council approved an agreement amending Article 1 of the 2003 Ground Lease to add a new section 1.03 thereto, which allowed DWM to use a ±1100 square-foot portion of Hinds Plaza abutting Witherspoon Grill for outdoor seating for said restaurant; and
WHEREAS, by Ordinance #2019-30 adopted on August 5, 2019, the Mayor and Council of Princeton separately authorized a license agreement with DWM to enable DWM to use a portion of Hinds Plaza abutting Kristine’s for outdoor seating for said restaurant; and
WHEREAS, Princeton and NHKT now wish to further amend the 2003 Ground Lease to continue to allow the continued use of a portion of Hinds Plaza for outdoor seating in connection with both Witherspoon Grill and Kristine’s upon certain terms and conditions, including a requirement that the operator of the restaurants enter into a license agreement with Princeton prior to using the outdoor seating area;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Princeton, County of Mercer, State of New Jersey, as follows:
1. The preamble to this resolution is hereby incorporated as if restated in full.
2. The “Second Amendment to the Ground Lease by and between the Municipality of Princeton and Nassau HKT Urban Renewal Associates, LLC Park/Plaza Redevelopment Area, Princeton, New Jersey” attached hereto as Exhibit A is hereby approved, and the Mayor and Clerk are hereby authorized and directed to execute same, or such other substantially similar agreement as shall have been approved by the Princeton Municipal Attorney, which shall permit the continued use of a portion of Hinds Plaza for outdoor seating in connection with the Witherspoon Grill and Kristine’s Restaurant, on the terms and conditions set forth in said Second Amendment.
3. The Mayor, Clerk and other appropriate staff and officials are authorized to execute any and all other documents and undertake any and all other acts consistent with the provisions of this resolution.
4. This resolution shall take effect immediately.