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Resolution of the Mayor and Council of Princeton Approving an “Adopt-a-Park” Agreement with the Marquand Park Foundation pursuant to New Jersey’s Adopt-a-Park Law, N.J.S.A. 40:12-20 et seq.
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WHEREAS, New Jersey’s “Adopt-a-Park Law”, N.J.S.A. 40:12-20 et seq., authorizes municipalities to enter into agreements with business entities or nonprofit organizations located within or near the municipality to provide for the maintenance, operation, or improvement of the municipality’s parks and open spaces; and
WHEREAS, the Marquand Park Foundation (the “Foundation”) has volunteered to “adopt” Princeton’s park known and commonly referred to as “Marquand Park”, as permitted by the Adopt-a-Park Law, and has demonstrated to Princeton that it is amply capable of maintaining, operating and improving said park; and
WHEREAS, Princeton appreciates groups and organizations who volunteer their time and efforts to improve and maintain the parklands located within the municipality; and
WHEREAS, Princeton and the Foundation wish to enter into an agreement to reflect their mutual understandings with regard to having the Foundation “adopt” Marquand Park;
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 Mayor and Clerk are hereby authorized to sign on Princeton’s behalf an agreement setting forth the terms and conditions of the Foundation’s “adoption” of Marquand Park, the form and substance of which shall have been approved by the Municipal Attorney.
3. The term of the Agreement shall be for ten years, and may be renewed thereafter on the same terms or such other terms as may be mutually agreeable between Princeton and the Foundation, except that consistent with the Adopt-a-Park law, Princeton shall have the right to terminate the Agreement at any time without prior notice to the Foundation for any reason, including, but not limited to, failure of the Foundation to comply with any terms or conditions of the Agreement, and the Foundation shall have the right to terminate the Agreement upon at least six months’ written notice to Princeton. The Foundation shall at all times comply with (a) the requirements of the Adopt-a-Park law, including the provision of the statutorily required liability waivers and releases and the provision of liability coverage; (b) Princeton’s rules and regulations for parks and recreation areas; and (c) the rules and regulations promulgated by the New Jersey Department of Environmental Protection, Green Acres Program (N.J.A.C. 7:36-1 et seq.).
4. The Mayor, Clerk, and other appropriate staff and officials are hereby authorized to undertake any and all such actions and execute any all such documents as may be necessary to effectuate the terms hereof.
5. This resolution shall take effect immediately.