On the agenda: Rahway meeting — DATA CENTER (Oct 5)

1. AGENDA PACKET
Documents:
10-05-26-PUBLIC MEETING PACKET.PDF

CITY OF RAHWAY, NEW JERSEY
MUNICIPAL COUNCIL

REGULAR MEETING AGENDA
October 5, 2026
7:00 p.m.

“Each person addressing the Council shall first give their name and address to the Clerk.
All remarks shall be addressed to the Council as a body and not to any member thereof and shall not exceed five (5) minutes in duration”
(Chapter 5-63 (C) Rules of Order No. 3)

1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE and INVOCATION

3.

OPEN PUBLIC MEETING STATEMENT
Notice of this meeting has been sent to the official newspapers and adequate and electronic
notice has been provided in accordance with the Open Public Meetings Act as required by
law.

4.

APPROVAL OF MINUTES
September 08, 2026 Regular Meeting

5.

REPORTS OF COUNCIL COMMITTEES

6.

COMMUNICATIONS AND BILL PAYMENTS
Payment of Bills-September
Monthly Police Reports-September
Monthly Fire Report-September

7.

HEARING OF CITIZENS ON RESOLUTIONS, ORDINANCES ON FIRST
READING, OR ANY OTHER ITEM (excluding Ordinances on Final
Adoption/Second Reading) (five minutes per speaker)

8.

MAYOR COMMENTS / ADMINISTRATIVE REPORTS | ORDINANCE AND
RESOLUTION SUMMARIES

9.

ORDINANCES – FIRST READING
O-29-26

AN ORDINANCE OF THE CITY OF RAHWAY AMENDING THE
REVISED GENERAL ORDINANCES OF THE CITY OF RAHWAY TO
ADD CHAPTER 258, SECTIONS 1 THROUGH 4, ENTITLED SHORTTERM RENTALS

O-30-26

AN ORDINANCE AMENDING CHAPTER 281 “MASSAGE,
BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS”

O-31-26

AN ORDINANCE OF THE CITY OF RAHWAY, NEW JERSEY,
PROHIBITING DATA CENTERS AS A LAND USE WITHIN ALL
ZONING DISTRICTS AND AMENDING THE MUNICIPAL LAND USE
CODE TO ADD CHAPTER 259, SECTIONS 1 THROUGH 3

10.

CONSENT AGENDA
All items considered routine by the City Council will be enacted by one motion. There will
be no separate discussion on these items unless a Council Member or citizen requests. Any
item not included on the Consent Agenda will be considered in its normal sequence on the
agenda.

11.

RESOLUTIONS
Administration
AR-203-26 A RESOLUTION AUTHORIZING A SHARED SERVICES
AGREEMENT BETWEEN THE CITY OF RAHWAY AND THE
RAHWAY BOARD OF EDUCATION
AR-204-26

A RESOLUTION AUTHORIZING THE CITY OF RAHWAY TO
APPLY FOR AND ACCEPT A GRANT FROM THE NEW JERSEY
DEPARTMENT OF COMMUNITY AFFAIRS

AR-205-26

A RESOLUTION HONORARILY NAMING THORN STREET
BETWEEN EAST STEARNS STREET AND EAST LAKE AVENUE AS
“WALTER MCLEOD STREET”

AR-206-26

A RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR
SALE OF CELL TOWER LEASE AND/OR LICENSE AGREEMENTS
FOR CELL TOWERS LOCATED ON PROPERTY OWNED BY THE
CITY OF RAHWAY AND AUTHORIZING THE EXECUTION OF A
CONTRACT OF SALE OR CONVEYANCE IN CONNECTION
THEREWITH THE SUCCESSFUL BIDDER

AR-207-26

A
RESOLUTION
AUTHORIZING
EXECUTION
OF
A
MEMORANDUM OF AGREEMENT WITH INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, LOCAL UNION NO. 469

AR-208-26

A RESOLUTION APPOINTING
REDEVELOPMENT AGENCY

AR-209-26

A RESOLUTION AUTHORIZING A SHARED SERVICES
AGREEMENT BETWEEN THE COUNTY OF UNION AND THE CITY
OF RAHWAY FOR PRINT SHOP SERVICES

A

MEMBER

TO

THE

Code Enforcement
AR-210-26 A RESOLUTION AUTHORIZING THE FILING OF LIENS AGAINST
CERTAIN PROPERTIES TO RECOVER CLEANUP COSTS
INCURRED BY THE CITY IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 151-4 OF THE CODE OF THE CITY OF
RAHWAY AND N.J.S.A. 40:48-2.14 (OCTOBER 2026)
AR-211-26

A RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT
WITH SPATIAL DATA LOGIC, LLC (GOVPILOT/SDL) FOR
ENTERPRISE SOFTWARE LICENSING AND HOSTING SERVICES

Engineering & Land Use
AR-212-26 A RESOLUTION REQUESTING THE UNION COUNTY
COMMUNITY DEVELOPMENT REVENUE SHARING COMMITTEE
TO APPROVE THE PROPOSALS HEREINAFTER LISTED AND
PRIORITIES FOR YEAR 53 (2027-2028) FUNDING
AR-213-26

A RESOLUTION AUTHORIZING ADDITIONAL SERVICES WITH
T.O. NAJARIAN ASSOCIATES, INC. FOR ENGINEERING SERVICES
FOR THE DE-SNAGGING OF THE LOWER REACH OF ORCHARD
CREEK FOR THE CITY OF RAHWAY

AR-214-26

A RESOLUTION AUTHORIZING SUBMISSION OF A NEW JERSEY
DEPARTMENT OF COMMUNITY AFFAIRS GRANT APPLICATION
FOR THE PROJECT ENTITLED “FLOOD CONTROL LEVEE GATE
EVALUATION AND REPLACEMENT PROJECT” FOR THE CITY OF
RAHWAY

AR-215-26

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE UNION COUNTY IMPROVEMENT
AUTHORITY (UCIA) FOR THE 2026 CAPITAL PROJECT GRANT
PROGRAM
AND
ACKNOWLEDGING
THE
STATUTORY
COMPLIANCE AND CONDITIONAL REPAYMENT COVENANTS
THEREOF

AR-216-26

A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE
PROJECT ENTITLED “EAST CHERRY STREET POCKET PARK” FOR
THE CITY OF RAHWAY TO GREEN VALLEY GROUP, INC.

AR-217-26

A RESOLUTION TO ACCEPT THE 2026 HAZARD MITIGATION
PLAN (“HMP”) ANNUAL PROGRESS REPORT

Health Department
AR-218-26 A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE NEW
JERSEY MEDICAL SCHOOL GLOBAL TUBERCULOSIS INSTITUTE
AT RUTGERS BIOMEDICAL AND HEALTH SCIENCES (RBHS)
FROM 1/1/2026 – 12/31/26
AR-219-26

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY
OF PLAINFIELD HEALTH DEPARTMENT TO PROVIDE THE CITY
OF RAHWAY HEALTH DEPARTMENT REIMBURSEMENT FOR
CHILDHOOD LEAD SERVICES

Police Department
AR-220-26 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2026
FORD BRONCO SPORT VEHICLE, ONE (1) 2025 FORD F-150 4X4
SUPERCREW POLICE RESPONDER VEHICLE, AND ONE (1) 2025
FORD POLICE INTERCEPTOR UTILITY AWD VEHICLE FROM
PARAMUS FORD, INC. D/B/A ALL AMERICAN FORD OF PARAMUS
THROUGH THE NEW JERSEY COOPERATIVE PURCHASING
ALLIANCE, CONTRACT NO. BC-BID-24-43

AR-221-26

A RESOLUTION AUTHORIZING THE PURCHASE AND
INSTALLATION OF POLICE EMERGENCY EQUIPMENT AND
RELATED VEHICLE UPFITTING FOR ONE (1) 2025 FORD POLICE
INTERCEPTOR UTILITY VEHICLE AND ONE (1) 2026 FORD
BRONCO SPORT VEHICLE FROM EAST COAST EMERGENCY
LIGHTING, LLC THROUGH THE NEW JERSEY STATE
COOPERATIVE PURCHASING PROGRAM AND OTHER LAWFUL
PROCUREMENT AUTHORITY

Department of Public Works
AR-222-26 A RESOLUTION AWARDING A SERVICE CONTRACT FOR
REMOVING AND TRANSPORTING 5000 CUBIC YARDS OF
LEAVES FROM DPW FACILITY
AR-223-26

A RESOLUTION AUTHORIZING A CONTRACT TO UNITEMP
MECHANICAL DEGREES, LLC, VENDOR NO. 24052, FOR THE
INSTALLATION OF A BUILDING MANAGEMENT SYSTEM (BMS)
AT RAHWAY CITY HALL

AR-224-26

A RESOLUTION AUTHORIZING A CONTRACT TO UNITEMP
MECHANICAL DEGREES, LLC, FOR THE REPLACEMENT OF THE
HVAC SYSTEM AT RAHWAY CITY HALL

Revenue & Finance
AR-225-26 A RESOLUTION AUTHORIZING
EXEMPTION (Chrisitan Feliciano)

A

DISABLED

VETERAN

AR-226-26

A RESOLUTION AUTHORIZING
EXEMPTION (James Luther Snipes)

A

DISABLED

VETERAN

AR-227-26

A RESOLUTION AUTHORIZING
EXEMPTION (Alterie Walters)

A

DISABLED

VETERAN

AR-228-26

A RESOLUTION AUTHORIZING THE CANCELLATION OF TAXES
DUE TO EXEMPTION (Block 189/Lots 36, 37.01 & 37.02)

AR-229-26

A RESOLUTION AUTHORIZING THE CANCELLATION OF TAXES
DUE TO EXEMPTION (Block 162/Lots 5, 6 & 7)

AR-230-26

A RESOLUTION AUTHORIZING THE REFUND OF PAYMENT OF
TAXES DUE TO THE GRANTING OF A SENIOR DEDUCTION FOR
THE C/Y 2026

AR-231-26

A RESOLUTION AUTHORIZING THE GRANTING OF A VETERAN
DEDUCTION FOR THE C/Y 2026

AR-232-26

A RESOLUTION AUTHORIZING A SETTLEMENT OF STATE TAX
APPEAL

AR-233-26

A RESOLUTION AUTHORIZING A SETTLEMENT OF STATE TAX
APPEAL

AR-234-26

12.

A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO
THE REDEMPTION OF TAX SALE CERTIFICATES FOR 2025 TAX
LIENS

ORDINANCES – FINAL ADOPTION / SECOND READING
O-25-26

AN ORDINANCE AUTHORIZING THE INSTALLATION OF A FOURWAY STOP
AT
THE
INTERSECTION
OF
RIVER
ROAD AND CHURCH STREET AND AMENDING THE CODE OF
THE CITY OF RAHWAY

O-26-26

AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE
CITY OF RAHWAY (VEHICLES AND TRAFFIC) – Parking by permit
only (various streets)

O-27-26

AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE
CITY OF RAHWAY (VEHICLES AND TRAFFIC) – Parking by Permit
Only (Elizabeth Avenue)

O-28-26

AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE
CITY OF RAHWAY (VEHICLES AND TRAFFIC) – Parking Meter
Zones (Elizabeth Avenue)

13.

MISCELLANEOUS - NONE

14.

COUNCIL COMMENTS

15.

ADJOURNMENT

Briefing to City Council

Frank D’Errico
Director of Police

Capt. Shawn Ganley
Chief Law Enforcement Officer

Brief to City Council

September 2026

Mission
Statement
Mission Statement

The Rahway Police Department is made up of a dedicated and diverse group of police
professionals who are committed to working with the community to make the City of
Rahway a safe and desirable place to live, work or visit. Our mission is to partner with
the community to promote peace, solve problems and improve public safety in a
manner that is fair, impartial, and transparent.

Core Values

RESPECT: We respect the public, our coworkers, and ourselves. We treat all persons with dignity and
RESPECT:
Werespect
respectthe
theauthority
public, our
coworkers,
and ourselves.
We treat alland
persons
with dignity
and
courtesy. We
of the
officers appointed
as supervisors
supervisors
shall treat
courtesy.
We
respect
the
authority
of
the
officers
appointed
as
supervisors
and
supervisors
shall
treat
their subordinates with respect and compassion. We guarantee to uphold the principles and values
their
subordinates
with respect
to New
uphold
the principles and values
embodied
in the Constitution
ofand
the compassion.
United StatesWe
andguarantee
the State of
Jersey
embodied in the Constitution of the United States and the State of New Jersey
INTEGRITY: Integrity is the hallmark of the Rahway Police Department. Integrity is doing the right thing
INTEGRITY:
Integrity
is the hallmark
theright
Rahway
Department.
Integrityorissupervisors
doing the right
even when no
one is watching.
Doingofthe
thingPolice
even when
your coworkers
maything
be
even
when
no
one
is
watching.
Doing
the
right
thing
even
when
your
coworkers
or
supervisors
may
be to
doing the wrong thing. Integrity is doing the right thing even when that may not be the most beneficial
doing
the
wrong
thing.
Integrity
is
doing
the
right
thing
even
when
that
may
not
be
the
most
beneficial
to
you personally. We are committed to the highest performance standards, ethical conduct, and
you
personally.
Werelationships.
are committed to the highest performance standards, ethical conduct, and
truthfulness
in all
truthfulness in all relationships.
PROFESSIONALISM: Law enforcement is not merely a "job". It is a profession comprised of highly
PROFESSIONALISM:
Law enforcement
is death
not merely
a "job".
It is
a profession
of highly
trained individuals entrusted
with life and
decisions.
We
shall
never stopcomprised
learning and
refining our
trained
individuals
entrusted
with
life
and
death
decisions.
We
shall
never
stop
learning
and
skills. We shall prioritize our physical, psychological, and emotional health and wellness. Werefining
hold our
skills.
We shall
prioritizeand
ourtake
physical,
and
emotional
health
ourselves
accountable
pride psychological,
in a professional
level
of service
to all.and wellness. We hold
ourselves accountable and take pride in a professional level of service to all.

Jun-26

Jul-26

Aug-26

Sep-26

4694
62
37
12
33
2
2
0
3
3
0
2
6
1
0
116
168
121
924
61

4743
74
28
11
24
0
0
0
1
1
0
0
5
1
1
106
236
94
841
43

4490
46
27
14
25
0
4
0
1
0
5
1
4
1
0
158
283
61
931
41

4761
40
23
4
20
0
2
0
1
0
0
0
7
0
4
123
289
55
886
68

4641
49
21
10
25
1
1
0
3
2
0
0
4
3
0
110
252
0
1000
85

4429
42
23
8
15
0
1
0
0
0
0
0
4
0
0
114
251
0
867
73

5084
42
34
13
15
0
5
0
2
1
0
0
0
2
1
102
403
90
807
49

Operations / Notable Events:
•

Residential Burglary Arrest – Case #26-40843: On September 4, multiple police units were
dispatched to the west side of the city to investigate several reported residential burglaries.
During the investigation, Cpl. Peralta proactively canvassed the area, located a suspect
believed to be involved, and placed the individual under arrest. The suspect was
subsequently charged with two counts of burglary.

•

Body-Worn Camera Demeanor Audit: During the month of September, the department
conducted a demeanor-focused audit of body-worn camera footage. A total of 55 videos
were reviewed, with 99% found to be satisfactory. Only 1% of the reviewed footage required
any form of remedial action.

•

House Fire / Child Rescue – Case #26-43217: On September 16, officers responded to a
reported house fire at 958 Broad Street. Responding officers assisted with removing eight
children from the residence and moving them to safety. Special recognition is warranted for
Det. Condora and PO Koszalka, who re-entered the burning, smoke-filled residence and
rescued two children who remained inside. Both officers were medically evaluated
following the incident and were cleared to return to normal duty the following day.

Dec-26

May-26

4214
54
14
8
19
1
2
1
0
0
0
1
1
0
1
123
173
102
872
49

Nov-26

Apr-26

5152
74
27
17
19
0
5
1
0
0
6
0
0
0
1
93
252
101
930
52

Oct-26

Mar-26

Calls for Service
Total Arrests
DV Incidents
DV Arrests
Mental Health Calls
Arrive Response
MR / UOF
MR / Pursuit
Overdoses
Narcan Deployment
Cat Con Thefts
Robbery
Burglary – MV
Burglary – Res
Burglary – Comm
Atlas BWC Reviews
Park, Walk, Talks
School Checks
911 Calls
911 Hang-Ups

Feb-26

Patrol

September 2026

Jan-26

Brief to City Council

Brief to City Council

September 2026

2,579
1,356
213
1,010
12
3
115
1
3
1

125
87
0
2,444
1,342
162
940

17
8
106
0
1
2

302

312

303

100
98
76
80
0
2
2,145 2,236
917
821
190
227
1,038 1,188
8
6
3
4
111
91
0
0
3
0
1
0

65
65
3
2,209
804
64
1,341
8
4
104
0
0
0

82
69
2
2,070
860
121
1,089
4
1
94
0
1
0

63
101
2
2,481
1,128
121
1,232
4
1
104
1
2
0

Beginning on September 1, 2026, the Rahway Police Department’s Traffic Bureau initiated a traffic study
on Fulton St between E Milton Ave and E Emerson Ave. A “JAMAR” radar traffic recording device was
utilized for the study. The study was completed, and the “JAMAR” was removed on 9/8/2026. Fulton St.
is a municipal roadway and has a posted speed limit of 25 MPH. There was a total of 7,552 vehicles that
traveled on Fulton St. during this timeframe. The average speed of all vehicle types combined was 25
MPH with the fastest speed reaching 62 MPH. During our posted time frame there were 3% enforceable
violations.
Beginning on September 2, 2026, the Rahway Police Department’s Traffic Bureau initiated a traffic study
on Nicholas Place. A “JAMAR” radar traffic recording device was utilized for the study. The study was
completed, and the “JAMAR” was removed on 9/9/2026. Nicholas Place is a municipal roadway and has
a posted speed limit of 25 MPH. There was a total of 2,716 vehicles that traveled on Nicholas Place
during this timeframe. The average speed of all vehicle types combined was 22 MPH with the fastest
speed reaching 52 MPH. During our posted time frame there were 1% enforceable violations.
Beginning on September 10, 2026, the Rahway Police Department’s Traffic Bureau initiated a traffic
study on W Inman Ave near Madison Ave. A “JAMAR” radar traffic recording device was utilized for the
study. The study was completed, and the “JAMAR” was removed on 9/17/2026. W Inman Ave is a
county roadway and has a posted speed limit of 25 MPH. There was a total of 67,681 vehicles that
traveled on W Inman Ave during this timeframe. The average speed of all vehicle types combined was
30 MPH with the fastest speed reaching 78 MPH. During our posted time frame there were 15%
enforceable violations.

Dec-26

2,358
1,672
288
398
9
3
114
0
3
1

103
80
5
2,734
1,587
138
1,009
14
3
91
0
2
0

323

Nov-26

81
103
5

339

Oct-26

407
115
0

Sep-26

355

Aug-26

358

Jul-26

Apr-26

392

Jun-26

Mar-26

555

May-26

Feb-26

MV Stops
Selective
Enforcements
Towed Vehicles
On-Duty MVA
Summonses
Moving
Parking
Parking Authority
DWI Arrests
DWIs w/Crash
MV Crashes
Fatal MV Crashes
Pedestrian
Pedicycle

Jan-26

Traffic Bureau

Brief to City Council

September 2026

On September 19, 2026, the City of Rahway hosted Artsfest, which is a free one-day festival taking place
downtown where visitors of all ages had the chance to experience and engage with the arts in a dynamic
way. There were various performing artists including small bands, dance groups, aerialists, and
contortionists along Irving St. There were face painters, balloon sculptors, and air brush tattoo artists for
children along Coach St. The Rahway Traffic Bureau provided safety, security, and traffic control prior to
and during the event for the guests.
On September 20, 2026, the Rahway Traffic Bureau assisted with Rolling Thunder. Rolling Thunder is a
motorcycle ride from Warinanco Park, Roselle through Rahway to the PNC Arts Center. Approximately
1500-2000 motorcycles participated in the ride. The ride ran along Saint Georges Avenue from Linden to
Woodbridge through the city of Rahway. The Rahway Traffic Bureau provided safety by ensuring there
were road closures along St. Georges Ave during the motorcycle ride.
On September 22, 2026, a DMV Checkpoint was conducted on Lawrence St. It resulted in 121
summonses being issued.
Administrative
OPRA Requests

127

Firearms Applications

42

Concealed Carry Applications

11

UAS Unit Operations
Flights Conducted

12

Flight Hours

14.5

Broad Street House Fire
Drone responded to house fire on 09/16 case #26-43217. Drone utilized thermal imaging camera to
assist RFD, video and photographs were taken of the incident and provided to RFD.

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No. O-29-26

Date of Adoption:

AN ORDINANCE OF THE CITY OF RAHWAY AMENDING THE REVISED
GENERAL ORDINANCES OF THE CITY OF RAHWAY TO ADD CHAPTER 258,
SECTIONS 1 THROUGH 4, ENTITLED SHORT-TERM RENTALS
WHEREAS, the proliferation of short-term rental arrangements facilitated by
internet-based hosting platforms has created impacts upon residential neighborhoods within
the City of Rahway; and
WHEREAS, unregulated short-term rental activity can adversely affect the
residential character of neighborhoods, create parking and noise concerns, and pose health
and safety risks to occupants and neighboring residents; and
WHEREAS, the general police power provisions of N.J.S.A. 40:48-1 et seq.
authorize municipalities to enact ordinances to protect the health, safety, and welfare of their
residents; and
WHEREAS, the Municipal Council of the City of Rahway has determined that
regulation of short-term residential rentals is necessary to preserve the residential character
of neighborhoods, protect property values, and ensure the health, safety, and welfare of City
residents; and
WHEREAS, this Ordinance establishes standards for the operation of short-term
rentals while exempting lawfully established lodging facilities that are subject to separate
regulatory frameworks.
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City
of Rahway, County of Union, State of New Jersey, as follows:
Chapter 258 Short Term Rentals
§258-1 Purpose and scope.
A. This section is intended due to the increasingly wide-spread practice of renting or leasing
various types of dwellings, or segments thereof, located primarily in residential
neighborhoods, on a short-term basis to transient guests. This practice has been
popularized and facilitated by various websites that advertise and broker such rentals.
Left unregulated, this practice will transform many residential dwellings to the detriment
of the health, safety and quiet enjoyment of the affected neighborhoods.
B.

This section shall not apply to lawfully established and operating hotels, motels, rooming
houses, boarding houses and bed-and-breakfast establishments.

§258-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated.
HOSTING PLATFORM — A marketplace in whatever form or format which facilitates a
short-term rental, through advertising, matchmaking or any other means, using any medium or
facilitation, and from which the operator of the hosting platform derives revenues, including
booking fees or advertising revenues, from providing or maintaining the marketplace.
PERMANENT RESIDENT — A person who occupies a dwelling unit or accessory building
or structure for at least 60 consecutive days with the intent to establish that unit as their primary
residence as an owner or a lessee.
SHORT-TERM RENTAL — A rental of (a) any residential property, dwelling unit, accessory
building or structure, garage, attic or basement, in whole or in part, including but not limited to
swimming pools, hot hubs, driveways, front, rear, or side yards; or (b) any furniture within a
dwelling unit, accessory building or structure, garage, attic or basement, within the City, to any
person(s), for exclusive transient use of less than 30 consecutive days, regardless of whether one
of the dwelling unit's permanent residents is on-site in the dwelling unit throughout the visitors'
stay, and whereby the unit is only approved for permanent residential occupancy and not
approved for transient occupancy. Rental of units within City-approved hotels, motels, rooming
houses, boarding houses and bed-and-breakfast establishments shall not been considered shortterm rentals.
§258- 3 Prohibited acts.
No person, including any hosting platform operator, shall undertake, maintain, authorize, aid,
facilitate or advertise any short-term rental as defined in Section 2 of this Chapter.
§258-4 Enforcement; violations and penalties.
A. A violation of any provision of this chapter shall be cause for a Municipal Court summons
to be issued by the Police Department, Code Enforcement Official, or Health Officer.
B.

Violations of the provisions of this chapter shall be punishable for the first offense by a
fine of $500 to $2,000. Every subsequent offense shall be punishable by a fine of $1,000
to $5,000.

C.

In addition to any fines imposed, any person convicted of violating any provision of this
chapter may be ordered to reimburse the City and other participating law enforcement
agencies their full investigative costs and remit all illegally obtained rental revenue to the
City to be returned to the victims of illegal short-term rental activities.

D. Any interested person may seek an injunction or other relief to prevent or remedy
violations of this chapter.
E. The remedies provided in this section are not exclusive, and nothing in this section shall
preclude the use or application of any other remedies, penalties or procedures established
by law.

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No. O-30-26

Date of Adoption:

AN ORDINANCE AMENDING CHAPTER 281 “MASSAGE, BODYWORK AND
SOMATIC THERAPY ESTABLISHMENTS”
WHEREAS, the City desires to amend Chapter 281 “Massage, Bodywork and Somatic
Therapy Establishments”; and
WHEREAS, N.J.S.A. 40:48-2 authorizes the City to make, amend, repeal, and enforce
ordinances it may deem necessary and proper for the good government, order and protection of
persons and property, and for the preservation of the public health, safety and welfare of the
municipality and its inhabitants; and
WHEREAS, the City hopes to encourage and maintain safe therapeutic services for its
citizens by ensuring that providers are licensed and meet state standards.
NOW, THEREFORE, BE IT ORDAINED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, being the governing body thereof, that Chapter
281 “Massage, Bodywork and Somatic Therapy Establishments,” is hereby amended to read as
follows:
Deletions are noted by strikethroughs
Additions are indicated in bold underline
Language that remains unchanged is not highlighted in any way
§ 281-1. Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:

MASSAGE, BODYWORK AND SOMATIC THERAPIES — Systems of activity of
structured touch which include, but are not limited to, holding, applying pressure,
positioning and mobilizing soft tissue of the body by manual technique and use of visual,
kinesthetic, auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork or somatic principles. Such applications may include, but
are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use
of
moist hot and cold external applications, external application of herbal or topical
preparations not classified as prescription drugs, movement and neural myofascial education
and education in self-care and stress management. Massage, bodywork and somatic therapies
do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE, BODYWORK AND SOMATIC THERAPIST — Any person, male or
female, who administers massage, bodywork and/or somatic therapies for any form of
consideration.

CONTROLLING PERSON, OWNER, MANAGER OR OFFICER — Any owner,
manager, officer, director, partner, stockholder holding more than 10% of the stock, or
other person who controls or directs the operations of a massage, bodywork or somatic
therapy establishment and who is not a licensed massage, bodywork or somatic
therapist.
CURRENT NEW JERSEY LICENSE — A valid, unexpired license to practice massage
and bodywork therapy issued by the New Jersey State Board of Massage and Bodywork
Therapy pursuant to the Massage and Bodywork Therapist Licensing Act, N.J.S.A.
45:11-53 et seq., and N.J.A.C. 13:37A.
MASSAGE, BODYWORK OR SOMATIC THERAPY ESTABLISHMENT — Any
establishment or
operation wherein massage, bodywork or somatic therapies are administered or are
permitted to be administered, when such therapies are administered for any form of
consideration.
§ 281-2. Permits required.
A. Business permit required. No person, firm or corporation shall operate any
establishment or utilize any premises in the City of Rahway in Union County as or for
a massage, bodywork or somatic therapy establishment unless or until there has first
been obtained a permit for such establishment or premises from the Clerk of the City
of Rahway in accordance with the terms and provisions in this chapter.
B.

Massage, bodywork and somatic therapist permit required. No person shall practice
massage or related therapies as a massage, bodywork and somatic therapist, employee
or otherwise, unless he or she has a valid and subsisting massage, bodywork and somatic
therapist's permit issued to him or her by the City of Rahway pursuant to the provisions
of this chapter. Registration and licensure verification required. No person shall
practice as a massage, bodywork or somatic therapist in a massage, bodywork or
somatic therapy establishment in the City of Rahway unless he or she holds a
current and valid license issued by the State of New Jersey pursuant to N.J.A.C.
13:37A, unless exempt under state law, and has registered such license with, and
verified it to, the City of Rahway in accordance with the provisions of this chapter.
No massage, bodywork or somatic therapy establishment shall employ, contract
with, or permit the practice of massage, bodywork or somatic therapy by any
person who does not hold a current and valid New Jersey license, unless such
person is exempt under state law.

§ 281-3. Application fee for message massage, bodywork or somatic therapy
establishment.
Every applicant for a permit to maintain, operate or conduct a massage, bodywork or somatic
therapy establishment or out-call massage, bodywork or somatic therapy service shall file
an application with the City Clerk upon form provided by said Clerk and pay an annual fee
of $500.

§ 281-4. Application for massage, bodywork or somatic therapy establishment permit.
Any person desiring a massage, bodywork or somatic therapy business permit shall file a
written application with the City Clerk on a form to be furnished by the City Clerk. The
applicant shall accompany the application with a tender of correct fee as hereinafter provided
and shall, in addition, furnish the following:
A.

The type of ownership of the business, i.e., whether individual, partnership, corporation
or otherwise.

B.

The name, style and designation under which the business is to be conducted.

C.

The business address and all telephone numbers, including facsimile, where business
is to be conducted.

D.

A complete list of the names and residence addresses of all massage, bodywork and
somatic therapists and employees in the business and the name and residence address
of the manager or other person principally in charge of the operation of the business. A
complete list of the names and current New Jersey massage and bodywork
therapist license numbers of all massage, bodywork and somatic therapists
practicing or to practice in the business, together with the name and residence
address of the manager or other person principally in charge of the operation of
the business. The establishment shall employ, contract with or otherwise permit
practice only by therapists who hold a current New Jersey license unless exempt
under state law, and shall make such license information available for municipal
recordkeeping and inspection.

E.

The following personal information concerning the applicant, if an individual;
concerning each stockholder holding more than 10% of the stock of the corporation,
each officer and each director, if the applicant is a corporation; concerning the partners,
including limited partners, if the applicant is a partnership; and concerning the manager
or other person principally in charge of the operation of the business:
(1)

The name, complete residence address and residence telephone number.

(2)

The two previous addresses immediately prior to the present address of the
applicant.

(3)

Written proof of age.

(4)

Height, weight, sex and color of hair and eyes.

(5)

Two front-face portrait photographs taken within 30 days of the date of the
application and at least two inches by two inches in size.

(6)

The massage therapy or similar business history and experience, including but not
limited to whether or not such person has previously operated in this or another city
or state under a license or permit or has had such license or permit denied, revoked
or suspended and the reason therefor and the business activities or occupations
subsequent to such action or denial, suspension or revocation.

(7)

F.

All criminal convictions other than misdemeanor traffic violations, fully
disclosing the jurisdiction in which convicted and the offense for which convicted
and circumstances thereof. The applicant shall execute a waiver and consent to
allow a fingerprint and criminal background check by the Police Department.

The names and addresses of three adult residents of the county who will serve as
character references. These references must be persons other than relatives and
business associates.

§ 281-5. Building requirements; inspections.
A. The City Clerk, upon receiving an application for a massage, bodywork or somatic
therapy establishment permit, shall refer the application to the Building Division, the
Fire Department, the Police Department, the Health Department and the Planning
Department, which departments shall inspect the premises proposed to be operated as
a massage, bodywork, and somatic therapy establishment and shall make written
recommendations to the City Clerk concerning compliance with the codes that they
administer.
B.

No massage, bodywork or somatic therapy establishment shall be issued a permit or be
operated, established or maintained in the city unless an inspection by the Health
Officer, Building Inspector and Fire Inspector reveals that the establishment complies
with the minimum requirements of the building and health codes for businesses
operating in the City of Rahway.

§ 281-6. Application for massage, bodywork and somatic therapist's permit;
requirements. Registration and verification of New Jersey licensure for massage,
bodywork, and somatic therapists.
A.

To be eligible for a permit as a massage, bodywork and somatic therapist, an applicant
shall submit satisfactory evidence of: No person shall practice as a massage,
bodywork or somatic therapist within the City of Rahway unless he or she holds
a current, valid license issued by the New Jersey Board of Massage and Bodywork
Therapy pursuant to N.J.A.C. 13:37A, except as otherwise exempt under State
law. Prior to practicing at any establishment, each therapist shall register with the
City Clerk and submit satisfactory evidence of:
(1)

Successful completion of a minimum of 500 hours in-class study in the field of
massage, bodywork or somatic therapy; or A current and valid New Jersey
massage and bodywork therapy license, which the City Clerk shall verify
against the records of the New Jersey Board of Massage and Bodywork
Therapy; and

(2)

Successful completion of the written examination offered by the National
Certification Board for Therapeutic Massage and Bodywork. The therapist's
name, mailing address and telephone number, together with the name and
address of each massage, bodywork or somatic therapy establishment in the
City of Rahway at which the therapist will practice.

B.

For up to one year (365 days) after the date procedures are established by this chapter
for applying for a permit to conduct massage, bodywork or somatic therapy in the City
of Rahway, any person engaged in the full-time practice of massage, bodywork or
somatic therapy for two years preceding the enactment of this chapter, or any person
engaged in the part-time practice of massage, bodywork or somatic therapy for five
years preceding the enactment of this chapter, or any person who has successfully
completed 1,000 hours in the practice of massage, bodywork or somatic therapy with a
minimum completion of 200 hours of education or training in massage preceding the
enactment of this chapter, may acquire a permit to practice without satisfying the
requirements in Subsection A(1) and (2) above. One year after the enactment of this
chapter, any person wishing to be permitted as a massage, bodywork or somatic
therapist in the City of Rahway must fulfill the requirements listed in Subsection A(1)
or (2) above. The City Clerk shall maintain a register of all massage, bodywork
and somatic therapists practicing within the City, recording each therapist's
current New Jersey license number, contact information, and the establishment(s)
at which the therapist practices. Each therapist shall notify the City Clerk of any
change in this information within thirty (30) days and shall make his or her
current license available for inspection upon request of the City Clerk or any
authorized City official.

C.

The following information concerning the applicant will also be required: An
individual massage, bodywork or somatic therapist who holds a current New
Jersey license shall not be required to satisfy any local educational, examination,
fingerprinting, criminal-background or personal-descriptor requirement that
duplicates the requirements of N.J.A.C. 13:37A or N.J.A.C. 13:45C. Any owner,
manager, officer or other person who controls the operations of a massage,
bodywork or somatic therapy establishment and who is not a licensed massage,
bodywork or somatic therapist shall remain subject to the background-check
requirements otherwise applicable under this chapter.
(1)

The name, complete residence address and residence telephone number.

(2)

The two previous addresses immediately prior to the present address of the
applicant.

(3)

Written proof of age.

(4)

Height, weight, sex and color of hair and eyes.

(5)

Two front-face portrait photographs taken within 30 days of the date of the
application and at least two inches by two inches in size.

(6)

The massage therapy or similar business history and experience, including but not
limited to whether or not such person has previously operated in this or another city
or state under a license or permit or has had such license or permit denied, revoked
or suspended and the reason therefor and the business activities or occupations
subsequent to such action or denial, suspension or revocation.

(7)

All criminal convictions other than misdemeanor traffic violations, fully
disclosing the jurisdiction in which convicted and the offense for which convicted
and circumstances thereof. The applicant shall execute a waiver and consent to
allow a fingerprint and criminal background check by the Police Department.

(8)

The names and addresses of three adult residents of the county who will serve as
character references. These references must be persons other than relatives and
business associates.

§ 281-7. Massage, bodywork and somatic therapist permit fee. Massage, bodywork,
and somatic therapist registration and license-verification fee.
The applicant for a massage, bodywork and somatic therapist's license shall pay an annual
permit fee of $100, which permit fee shall become due on the first day of January each year.
Each massage, bodywork and somatic therapist registering with the City Clerk under
this chapter and submitting proof of a current New Jersey license shall pay an annual
registration and license-verification fee of $100, which fee shall become due on the first
day of January each year.
§ 281-8. Display of permits.
The massage, bodywork or somatic therapy establishment shall display his permit and that
of each and every massage, bodywork and somatic therapist employed in the establishment
in an open and conspicuous place on the premises of the establishment. The massage,
bodywork or somatic therapy establishment shall display its establishment permit
issued under this chapter, together with evidence of the current New Jersey license and
registration of each massage, bodywork and somatic therapist practicing in the
establishment, in an open and conspicuous place on the premises of the establishment.
§ 281-9. Operating requirements.
A. Every portion of the massage, bodywork or somatic therapy establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary condition.
B.

Price rates for all services shall be prominently posted in the reception area in a location
available to all prospective customers.

C.

All employees, including massage, bodywork or somatic therapists, shall be clean and
wear clean, nontransparent outer garments. Dressing rooms must be available on the
premises, and each dressing room shall contain a tub or shower in good working order.
Doors to such dressing rooms shall open inward and be self-closing.

D.

All massage, bodywork and somatic therapy establishments shall be provided with
clean, laundered sheets and towels in sufficient quantity, which shall be laundered after
each use thereof and stored in a sanitary manner.

E.

The sexual or genital area of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee or massage, bodywork or somatic
therapist.

F.

It shall be unlawful for any person knowingly, in a massage establishment, to place his
or her hand upon or touch with any part of his or her body, to fondle in any manner or
to massage a sexual or genital area of any other person.

G.

No massage, bodywork or somatic therapist, employee or operator shall perform,
offer to perform
any act which would require the touching of the patron's sexual or genital area.

H.

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical
facilities shall be in good repair and maintained in a clean and sanitary condition. Wet
and dry-heat rooms, steam or vapor rooms or steam or vapor cabinets and shower
compartments and toilet rooms shall be thoroughly cleaned each day the business is in
operation. Bathtubs and showers shall be thoroughly cleaned after each use. When
carpeting is used on the floors, it shall be kept dry.

I.

Oils, creams, lotions and other preparations used in administering massage, bodywork
and somatic therapies shall be kept in clean, closed containers or cabinets.

J.

Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.

K.

Each massage, bodywork and somatic therapist shall wash his or her hands in hot
running water, using a proper soap or disinfectant before administering a massage,
bodywork or somatic therapy to each patron.

L.

No massage, bodywork or somatic therapy establishment shall employ, contract
with, or permit any person to practice massage, bodywork or somatic therapy on
the premises unless that person holds a current, valid license as a massage and
bodywork therapist issued by the New Jersey Board of Massage and Bodywork
Therapy pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A, or is
otherwise exempt from licensure under State law. The establishment shall
maintain, and make available for inspection, proof of the current New Jersey
license of each therapist practicing on the premises.

§ 281-10. Inspections.
The Municipal Clerk and/or the Department of Health and/or the Building Division shall,
from time to time, at least twice a year, make an inspection of each massage, bodywork or
somatic therapy establishment granted a permit under the provisions of this chapter for the
purpose of determining whether the provisions of this chapter are complied with. Such
inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful
for any permittee to fail to allow such inspection officer access to the premises or to hinder
such officer in any manner.
§ 281-11. Sleeping quarters.
No part of any quarters of any massage, bodywork or somatic therapy establishment shall
be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep
in such massage, bodywork or somatic therapy establishment except for limited periods
incidental to and directly related to a massage, bodywork or somatic therapy treatment or
bath. This provision shall not preclude the location of a massage, bodywork or somatic

therapy establishment in separate quarters of a building housing a hotel or other separate
businesses or clubs.
§ 281-12. Prohibited acts.
A.

B.

No owner or manager of a massage, bodywork or somatic therapy establishment shall
tolerate in his establishment any activity or behavior prohibited by the laws of the State
of New Jersey, particularly, but not exclusive of laws proscribing prostitution,
indecency and obscenity, including the sale, uttering or exposing and public
communication of obscene material; laws which relate to the commission of sodomy;
relating to the commission of adultery; and proscribing fornication; nor shall any owner
or manager tolerate in his or her establishment any activity or behavior which violates
this chapter.
Any conviction of any employee of a massage, bodywork or somatic therapy
establishment of a violation of the aforementioned statutes and codes shall devolve
upon the owner or manager of such club, it being specifically declared by that,
following such a conviction of an employee, the owner or manager of the club shall be
prosecuted as an accessory to such a violation and the required permits will be
automatically revoked. the establishment permit and any related massage,
bodywork and somatic therapist registration shall be automatically revoked.

§ 281-13. Violations and penalties.
Any person violating the provisions of this chapter shall, upon conviction, be punished by
imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000, or both, in
the discretion of the court

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No. O-31-26

Date of Adoption:

AN ORDINANCE OF THE CITY OF RAHWAY, NEW JERSEY, PROHIBITING DATA
CENTERS AS A LAND USE WITHIN ALL ZONING DISTRICTS AND AMENDING
THE MUNICIPAL LAND USE CODE TO ADD CHAPTER 259, SECTIONS 1
THROUGH 3
WHEREAS, this Ordinance shall be known and may be cited as the "Data Center
Prohibition Ordinance of the City of Rahway”; and
WHEREAS, this Ordinance is adopted pursuant to the authority conferred by N.J.S.A.
40:48-1 et seq. (the Municipal Land Use Law), N.J.S.A. 40:55D-1 et seq. (the Local Land Use and
Development Regulations), and the inherent police powers of the City of Rahway to regulate land
use within its territorial boundaries for the protection of the public health, safety, and welfare; and
WHEREAS, Data centers impose extraordinary demands upon local electrical
infrastructure, requiring continuous high-volume power consumption that significantly exceeds
the electrical load generated by traditional commercial, industrial, and residential land uses,
thereby threatening the reliability and capacity of the municipal electrical grid and imposing
substantial costs upon the City and its ratepayers for infrastructure upgrades and expansion; and
WHEREAS, the operation of data centers generates substantial heat output requiring
extensive cooling systems, which in turn consume large quantities of water and energy,
contributing to environmental degradation, greenhouse gas emissions, and depletion of natural
resources, all of which are contrary to the City's sustainability goals and environmental protection
policies; and
WHEREAS, Data centers provide minimal employment opportunities relative to the land
area they occupy and the infrastructure burden they impose, typically employing far fewer workers
per square foot than traditional commercial and industrial uses, thereby failing to generate
meaningful employment, economic activity, or tax ratables commensurate with their consumption
of municipal resources and service; and
WHEREAS, while data centers generate limited vehicular traffic during routine
operations, the construction phase and periodic equipment replacement activities generate
significant truck traffic, delivery vehicle movements, and construction-related impacts upon local
roadways, creating safety hazards and degrading transportation infrastructure without
corresponding long-term economic or employment benefits; and

WHEREAS, Data centers are fundamentally incompatible with the land use objectives,
redevelopment goals, and community character envisioned in the City's Master Plan, which
prioritizes mixed-use development, employment-generating commercial and industrial uses,
residential neighborhoods, and sustainable development patterns that promote walkability, transit
access, and community vitality; and
WHEREAS, the concentration of high-voltage electrical equipment, backup power
generation systems, cooling infrastructure, and hazardous materials associated with data center
operations presents substantial risks to public health and safety, including fire hazards, noise
pollution, air quality degradation, and emergency response challenges that exceed the City's
capacity to mitigate through standard regulatory oversight.
WHEREAS, Data centers typically consist of large-scale, windowless structures with
extensive mechanical equipment, backup generator arrays, cooling towers, and perimeter security
fencing, all of which are visually incompatible with the architectural character and aesthetic
standards the City seeks to maintain and enhance in its commercial, industrial, and mixed-use
district; now, therefore
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of
Rahway, in the County of Union, State of New Jersey, as follows:
CHAPTER 259 – DATA CENTERS
Section 1 — Definitions
I.

General Rule. For purposes of this Ordinance, the following terms shall
have the meanings ascribed to them in this Article.

II.

Data Center. The term "Data Center" means any structure, building,
facility, or portion thereof, whether freestanding or integrated within a
larger structure, that is designed, constructed, operated, or used primarily
for the purpose of housing, operating, or maintaining computer servers,
data storage equipment, telecommunications equipment, networking
equipment, or related information technology infrastructure for the
processing, storage, management, or transmission of digital data,
regardless of ownership or operational control.

III.

Accessory Data Infrastructure. The term "Data Center" shall not include
computer servers, data storage equipment, or information technology
infrastructure that is:
A. Accessory and subordinate to a principal permitted use on the same lot or
in the same building.
B. Used exclusively for the internal business operations of the principal use.
C. Does not constitute the primary or predominant use of the lot or building.

Section 2 — Prohibition of Data Centers
I.

General Prohibition. Data Centers, as defined in Section 1 of this
Ordinance, are hereby prohibited as a principal permitted use, conditional
use, accessory use, or temporary use in all zoning districts within the City
of Rahway, including but not limited to all residential, commercial,
industrial, mixed-use, overlay, and special purpose districts established
under the Land Use Ordinance.

II.

Prohibition on Permits and Approvals. No building permit, certificate of
occupancy, zoning permit, site plan approval, subdivision approval,
variance, conditional use permit, or any other municipal permit, license, or
approval shall be issued for the establishment, construction, operation,
expansion, or modification of a Data Center within the City of Rahway.

III.

Prohibition on Change of Use. No existing building, structure, or facility
shall be converted, modified, or adapted for use as a Data Center, and no
change of use application shall be approved that would result in the
establishment of a Data Center use.

Section 3 — Enforcement and Penalties
I.

Enforcement Authority. The Zoning Officer, Construction Official, and
such other municipal officials as may be designated by the Mayor shall
have authority to enforce the provisions of this Ordinance.

II.

Violations. Any person, corporation, partnership, limited liability
company, or other entity that establishes, operates, maintains, expands, or
permits the establishment, operation, maintenance, or expansion of a Data
Center in violation of this Ordinance shall be subject to enforcement action
as provided in this Article.

III.

Notice of Violation. Upon discovery of a violation of this Ordinance, the
enforcing official shall issue a written notice of violation to the owner of
the property and any operator or tenant conducting the violating use,
specifying the nature of the violation and directing compliance within five
(5) days from the date of the notice.

IV.

Penalties. Any person, corporation, partnership, limited liability company,
or other entity that violates any provision of this Ordinance or fails to
comply with a notice of violation within the time specified shall, upon
conviction thereof, be subject to a fine of not less than $10,000.00 dollars
for each offense. Each day that a violation continues shall constitute a
separate and distinct offense subject to the penalties set forth in Section IV
of this Article.

Severability. If any article, section, subsection, paragraph, clause, phrase, or provision
of this Ordinance, or the application thereof to any person, entity, or circumstance, is
held invalid, unconstitutional, or unenforceable by a court of competent jurisdiction,
such invalidity, unconstitutionality, or unenforceability shall not affect the validity or
enforceability of any other article, section, subsection, paragraph, clause, phrase, or
provision of this Ordinance, or the application of such provision to other persons,
entities, or circumstances.
Repealer. All ordinances, resolutions, regulations, or parts thereof of the City of
Rahway that are inconsistent with or in conflict with the provisions of this Ordinance
are hereby repealed to the extent of such inconsistency or conflict, including but not
limited to any provision of the Land Use Ordinance that could be construed to permit,
authorize, or allow Data Centers as a land use in any zoning district.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-203-26

Date of Adoption:

A RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT BETWEEN
THE CITY OF RAHWAY AND THE RAHWAY BOARD OF EDUCATION
WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et
seq., authorizes local units, including municipalities and boards of education, to enter into
agreements for the sharing of services, facilities, personnel, equipment, and other resources when
such arrangements promote efficiency, economy, and the public interest; and
WHEREAS, the City of Rahway (the “City”) and the Rahway Board of Education (the
“Board”) desire to enter into a Shared Services Agreement for reciprocal public services and
facility access benefiting Rahway residents, students, families, senior citizens, and the broader
community; and
WHEREAS, under the proposed Shared Services Agreement, the City will provide,
subject to availability and applicable rules, access to City facilities and support, including the
Madden Facility, Berzinec Park Tennis Courts, Recreation Center practice space, event and testing
space, transportation for summer sport camps, stage and graduation support, senior-citizen school
play ticket coordination, event support, and collaboration on Rutgers Future Scholars Student
Government Day; and
WHEREAS, under the proposed Shared Services Agreement, the Board will provide,
subject to availability and applicable policies, access to the Wrestling Room and Gymnasium,
coaches for various programs, volunteer hours, support for City events and initiatives,
beautification projects, JROTC, Band, Chorus, and Theatre performances at civic events,
C.L.A.W. Program support, tutoring support if resumed, and collaboration on Rutgers Future
Scholars Student Government Day; and
WHEREAS, the Municipal Council finds that entry into the Shared Services Agreement
is in the best interests of the City and will advance lawful public purposes by encouraging
intergovernmental cooperation and avoiding unnecessary duplication of public resources.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Shared Services Agreement between the
City of Rahway and the Rahway Board of Education is hereby authorized and approved,
substantially in the form presented to the Municipal Council, with such non-material changes as
may be approved by the Municipal Attorney.

BE IT FURTHER RESOLVED that the Mayor, Business Administrator, and/or such
other appropriate City officials are hereby authorized to execute and deliver the Shared Services
Agreement and any documents necessary to implement this Resolution.
BE IT FURTHER RESOLVED that the Municipal Clerk is authorized and directed to
attest to the execution of the Agreement and to take any action required for filing, notice, or
transmittal under applicable New Jersey law.

SHARED SERVICES AGREEMENT
This Shared Services Agreement (this “Agreement”) is made as of the date of the
final execution of all parties by and between the City of Rahway, a municipal
corporation of the State of New Jersey, (the “City”), and the Rahway Board of
Education, a public school district board of education of the State of New Jersey, (the
“Board”). The City and the Board may be referred to individually as a “Party” and
collectively as the “Parties.”
Article 1 — Recitals and Authority
I. Public purpose. The Parties desire to cooperate in the shared use of public
facilities, transportation, personnel support, programming support, event
support, and related services in a manner that promotes governmental
efficiency, avoids unnecessary duplication of public resources, and benefits
the residents, students, families, and senior citizens of the City of Rahway.
II. Statutory authority. The Parties enter into this Agreement pursuant to the
New Jersey Uniform Shared Services and Consolidation Act, N.J.S.A.
40A:65-1 et seq., and all other applicable authority governing New Jersey
municipalities, boards of education, and local public contracts.
III. Approvals. This Agreement is authorized by:
A. the City pursuant to a Resolution adopted by the City Council at a
properly noticed City Council Meeting; and
B. the Board pursuant to a Resolution adopted by the Board at a properly
noticed Board Meeting.
IV. Consideration. The mutual covenants, reciprocal public services, facilityaccess commitments, administrative cooperation, and other obligations set
forth in this Agreement constitute good and sufficient consideration for this
Agreement.
Accordingly, intending to be legally bound, the Parties agree as follows.
Article 2 — Definitions
I. Agreement Administrator. “Agreement Administrator” means the person
designated under Article 4 to administer this Agreement on behalf of a Party.
II. Authorized Use. “Authorized Use” means a use of a Facility, service,
program, transportation resource, performance group, volunteer resource, or
other shared-service resource that is expressly permitted under this
Agreement, approved through the applicable scheduling procedure, and
conducted in compliance with this Agreement and all applicable laws,
policies, permits, and facility rules.

Page 1 of 10

III. Board Facilities. “Board Facilities” means the Board-owned, Board-leased,
or Board-controlled facilities, spaces, equipment, and related areas made
available to the City under this Agreement, including the Wrestling Room
and Gymnasium described in Article 6.
IV. City Facilities. “City Facilities” means the City-owned, City-leased, or Citycontrolled facilities, parks, courts, spaces, equipment, and related areas made
available to the Board under this Agreement, including the Madden Facility,
Berzinec Park Tennis Courts, Recreation Center, stages, event spaces, and
other locations described in Article 5.
V. Facilities. “Facilities” means, collectively, the City Facilities and the Board
Facilities.
VI. Services. “Services” means the facility access, transportation, staffing
support, program support, event support, performances, volunteer assistance,
collaboration, and other reciprocal shared services described in this Agreement.
VII. Term. “Term” has the meaning set forth in Article 3.
Article 3 — Term
I. Initial term. The initial term of this Agreement shall commence on the
execution of all parties and shall continue through December 31, 2028, unless
earlier terminated in accordance with this Agreement (the “Initial Term”).
II. Renewal. The Agreement may be renewed for additional terms upon the
mutual written approval of the Parties, subject to any required governingbody approvals, budget appropriations, filings, and other legal prerequisites.
Any renewal shall specify the renewal period, any changes to the Services,
and any applicable reimbursement or cost-sharing terms.
III. No automatic extension. Unless expressly approved in writing by both
Parties and authorized by all required resolutions or other approvals, this
Agreement shall not renew automatically.
Article 4 — Administration and Coordination
I. Agreement administrators. Each Party shall designate an Agreement
Administrator responsible for overall implementation and intergovernmental
coordination under this Agreement.
A. For the City: Matt Pukavich, Business Administrator
B. For the Board: Eric Burnside, Business Administrator
II. Operational coordinators. Each Party may designate operational
coordinators for specific Services, programs, Facilities, events, sports
seasons, transportation matters, or performance groups.

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Article 5 — City-Provided Services and Facilities
I. General obligation. Subject to availability, approved scheduling, applicable
facility rules, safety requirements, staffing availability, appropriations, and the
terms of this Agreement, the City shall make available to the Board the City
Facilities and City-provided Services described in this Article 5.
II. Athletic facilities. The City shall provide the Board with access to the
following athletic facilities for the following Authorized Uses:
A. Madden Facility. Use of the Madden Facility for Board games and
practices for baseball, softball, and football, subject to field conditions,
maintenance requirements, weather, previously scheduled City uses, and
applicable rules for athletic-field use.
B. Berzinec Park Tennis Courts. Use of the Berzinec Park Tennis Courts
for Board tennis games, subject to court availability, weather, public-safety
requirements, and applicable park rules.
C. Recreation Center practice space. Practice space at the Recreation
Center for Board baseball, softball, basketball, volleyball, and wrestling
activities, subject to room availability, occupancy limits, permitted uses,
staffing needs, and facility rules.
III. Transportation. The City shall provide transportation for Board summer
sport camps, subject to vehicle availability, licensed-driver availability,
applicable transportation laws and policies, insurance requirements, safety
protocols, and the scheduling procedures established under Article 8.
IV. Event, testing, and program space. The City shall provide event space,
testing space, stage access, or other appropriate space for the following Board
activities, subject to scheduling approval, capacity limits, staffing
availability, public-safety requirements, emergency-access requirements,
custodial requirements, and applicable facility rules:
A. theater wrap parties;
B. annual Robotics competition;
C. Advanced Placement examination testing;
D. Gifted and Talented Programs;
E. evacuation drills;
F. Olympic Day;
G. Project Graduation;
H. Jobs for America’s Graduates events;
I. graduations, including provision of a stage;
J. Multicultural Block Party and ESL Fair event support; and

Page 3 of 10

K. such other mutually approved Board events or activities as the Parties
may approve in writing through their Agreement Administrators.
V. Senior-citizen school play tickets. The City shall provide, coordinate, sponsor,
distribute, or otherwise support school play tickets for senior citizens in the manner
mutually approved by the Parties.
VI. Rutgers Future Scholars Student Government Day. The City shall
collaborate with the Board on the Rutgers Future Scholars Student Government
Day, including such planning, meeting space, public-official participation,
student-government programming, logistical support, and related assistance as
the Agreement Administrators mutually approve in writing.
VII. Limitations on City-provided Services. The City shall not be required to
displace preexisting governmental, emergency, public-safety, maintenance,
election, court, recreation, or community uses of City Facilities unless the City,
in its sole governmental discretion, approves such displacement. The City may
restrict, relocate, reschedule, suspend, or cancel any City Facility use when
necessary due to weather, emergency conditions, facility damage, public safety,
staffing limitations, maintenance, legal requirements, or governmental
necessity.
Article 6 — Board-Provided Services and Facilities
I. General obligation. Subject to availability, approved scheduling, applicable
Board policies, student-safety requirements, school operations, appropriations,
and the terms of this Agreement, the Board shall make available to the City the
Board Facilities and Board-provided Services described in this Article 6.
II. Facility access. The Board shall provide the City with access to the following
Board Facilities for the following Authorized Uses:
A. Wrestling Room. Access to the Wrestling Room for City-approved
programs, subject to Board policies, supervision requirements, equipmentuse restrictions, cleaning requirements, student-safety requirements, and
scheduling approval.
B. Gymnasium. Access to the Gymnasium for the City basketball league,
subject to Board policies, school-use priorities, supervision requirements,
custodial requirements, security requirements, and scheduling approval.
III. Coaching and program support. The Board shall provide coaches for
various mutually approved City programs, subject to staff availability,
applicable employment agreements, certification or credential requirements,
background-check requirements, Board policies, and the scope of each
approved program.
IV. Volunteer and event support. The Board shall provide volunteer hours and
program support for mutually approved City events, including:
Page 4 of 10

A. volunteer hours at City events;
B. support at the Turkey Drive;
C. beautification projects; and
D. C.L.A.W. Program support, including stickering Soup Stroll cups,
packing Halloween candy bags, and placing American flags for
Independence Day.
V. Performances and ceremonial support. The Board shall provide, subject to
student availability, staff availability, school-calendar conflicts, parental
permissions where required, and Board policies, JROTC, Band, Chorus, and
Theatre performances at City events, including the State of the City, Tree Lighting,
Memorial Day Parade, Veterans Day event, and other mutually approved civic
events.
VI. Tutoring Program. The Board may provide support for a Tutoring Program if
and when such program resumes from its current hiatus. The scope, location,
supervision, participant eligibility, staffing, schedule, and any reimbursement
terms for the Tutoring Program shall be approved in writing by the Agreement
Administrators before recommencement.
VII. Rutgers Future Scholars Student Government Day. The Board shall
collaborate with the City on the Rutgers Future Scholars Student Government
Day, including such student participation, school coordination, staff support,
educational programming, communications, and related assistance as the
Agreement Administrators mutually approve in writing.
VIII. Limitations on Board-provided Services. The Board shall not be required to
displace instructional, athletic, extracurricular, testing, emergency, mandated,
student-support, or school-operational uses of Board Facilities unless the
Board, in its sole educational and governmental discretion, approves such
displacement. The Board may restrict, relocate, reschedule, suspend, or cancel
any Board Facility use when necessary due to student safety, school
operations, weather, emergency conditions, facility damage, staffing
limitations, maintenance, legal requirements, or educational necessity.
Article 7 — Priority of Use and Facility Conditions
I. Priority of governmental and educational functions. City governmental,
public-safety, emergency, maintenance, court, recreation, and community
functions shall have priority with respect to City Facilities. Board
instructional, student-safety, athletic, extracurricular, testing, and schooloperational functions shall have priority with respect to Board Facilities.
II. Condition of Facilities. Each Party shall make its Facilities available in
substantially the condition maintained for its own comparable public use,
subject to ordinary wear and tear, weather, maintenance schedules, and
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capital limitations. No Party warrants that any Facility will be available,
uninterrupted, suitable for every requested use, or free from temporary
closures.
III. Compliance with facility rules. Each Party shall comply, and shall cause its
employees, officials, students, volunteers, invitees, participants, coaches,
contractors, and agents to comply, with the host Party’s reasonable facility
rules, security procedures, parking restrictions, access procedures, emergency
protocols, occupancy limits, equipment-use rules, and closure directives.
V. Alterations and equipment. Neither Party may alter, install, remove, mark,
attach, store, or modify equipment, fixtures, furnishings, fields, courts, rooms,
stages, or other property of the host Party without the host Party’s prior written
approval. Any approved temporary equipment shall be removed promptly after
the applicable Authorized Use unless otherwise approved in writing.
Article 8 — Financial Terms; Reimbursement; Records
I. No general fee unless specified. Except as expressly provided in this
Agreement or in an approved written schedule, request form, invoice, or
amendment, the Parties intend that the reciprocal Services shall be exchanged
without a general usage fee.
II. Reimbursable costs. The Parties shall identify any reimbursable costs, costsharing obligations, or payment obligations for specific Services,including, if
applicable:
A. custodial costs;
B. security costs;
C. police, fire, emergency medical, traffic, or public-works support costs;
D. transportation costs, including driver, fuel, maintenance, tolls, parking, or
vehicle-use costs;
E. field, court, room, stage, or equipment setup costs;
F. cleanup, repair, restoration, or damage costs;
G. technology, lighting, sound, or utility costs;
H. ticket costs or senior-citizen ticket subsidy costs; and
I. any other mutually approved costs.
Article 9 — Insurance and Risk Allocation
I. Insurance coverage. During the Term, each Party shall maintain insurance
coverage or self-insurance coverage appropriate to its obligations under this
Agreement, including, as applicable, general liability, automobile liability,
workers’ compensation, employer’s liability, property coverage, educator’s

Page 6 of 10

legal liability, public officials’ liability, and umbrella or excess liability
coverage.
II. Certificates. Upon request, each Party shall provide evidence of applicable
insurance, self-insurance, or joint-insurance-fund coverage to the other Party.
III. Property damage. The requesting Party shall be responsible, to the extent
permitted by law, for damage to the host Party’s Facility or property caused
by the requesting Party’s employees, officials, agents, contractors,
volunteers, students, participants, or invitees, ordinary wear and tear
excepted.
IV. Public-entity immunities preserved. Nothing in this Agreement waives,
limits, expands, or modifies any immunity, defense, limitation of liability,
notice requirement, procedural protection, damages limitation, or other
protection available to either Party or its officials, employees, agents,
volunteers, or representatives under applicable law.
V. Responsibility for acts and omissions. Each Party shall be responsible for its
own acts and omissions, and the acts and omissions of its officials, employees,
agents, contractors, volunteers, students, participants, and invitees, only to the
extent provided by applicable law.
Article 10 — Safety, Security, and Incident Reporting
I. Safety protocols. Each Party shall comply with the host Party’s safety,
security, emergency, access-control, parking, crowd-management, and
evacuation procedures during any Authorized Use.
II. Incident reports. The requesting Party shall promptly notify the host Party
of any injury, property damage, security incident, student-safety concern,
vehicle incident, emergency response, or other material incident occurring
during or in connection with an Authorized Use.
III. Emergency authority. The host Party, law enforcement, emergency
personnel, school officials, and other authorized public officials may take
immediate action to protect public safety, student safety, property, or
governmental operations, including closing a Facility, ending an event,
directing evacuation, denying entry, removing persons, or requiring
additional security or supervision.
IV. Repairs and restoration. Following any Authorized Use, the requesting
Party shall leave the Facility in substantially the same condition as received,
ordinary wear and tear excepted, and shall comply with reasonable cleanup,
restoration, and damage-reporting procedures.

Page 7 of 10

Article 11 — Termination
I. Termination. Either Party may terminate this Agreement without cause upon
thirty (30) days prior written notice to the other Party, subject to completion,
cancellation, or orderly transition of previously approved events as the Parties
may mutually determine.
II. Effect of termination. Termination shall not affect obligations accrued before
the effective date of termination, including reimbursement obligations, records
obligations, damage-restoration obligations, confidentiality obligations, and
obligations that by their nature should survive termination.
Article 12 — Miscellaneous
I. Governing law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New Jersey.
II. Assignment. Neither Party may assign, delegate, or transfer this Agreement
or any rights or obligations under it without the prior written consent of the
other Party and any legally required approvals.
III. Amendments. This Agreement may be amended only by a written
instrument signed by authorized representatives of both Parties and
approved by any required resolutions, appropriations, filings, or other legal
prerequisites.
IV. Entire agreement. This Agreement constitutes the entire agreement
between the Parties concerning the subject matter hereof and supersedes all
prior oral or written understandings concerning that subject matter.
V. Severability. If any provision of this Agreement is held invalid or
unenforceable, the remaining provisions shall remain in effect to the fullest
extent permitted by law, provided that the essential public purposes of this
Agreement can still be achieved.
VI. Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by the Party against whom the waiver is asserted. A
waiver on one occasion shall not constitute a waiver on any other occasion.
VII. Counterparts; electronic signatures. This Agreement may be executed in
counterparts, each of which shall be deemed an original, and all of which
together constitute one instrument. Signatures transmitted electronically shall
be deemed effective to the extent permitted by applicable law and the Parties’
policies.
VIII. Headings. Headings are for convenience only and shall not affect
interpretation.
IX. Further assurances. Each Party shall execute and deliver such documents
and take such actions as are reasonably necessary to carry out the purposes of this
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Agreement, subject to applicable law, approvals, appropriations, and public-entity
procedures.
X. Survival. Provisions concerning payment, reimbursement, records,
confidentiality, property damage, public-entity immunities, dispute resolution,
governing law, and any other provision that by its nature should survive shall
survive expiration or termination of this Agreement.
Article 13 — Signatures
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized representatives as of the Effective Date.
CITY OF RAHWAY
By: ________________________________
Name: Raymond A. Giacobbe
Title: MAYOR
Date: ______________________________
Attest:
By: ________________________________
Name: Heather Capone
Title: CITY CLERK
Date: ______________________________
Approved as to form:
By: ________________________________
Name: David L. Minchello, Esq.
Title: CITY ATTORNEY
Date: ______________________________
RAHWAY BOARD OF EDUCATION
By: ________________________________
Name:
Title:
Date: ______________________________
Attest:
By: ________________________________
Name:

Page 9 of 10

Title: Board Secretary
Date: ______________________________
Approved as to form:
By: ________________________________
Name:
Title: Board Attorney
Date: ______________________________

Page 10 of 10

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-204-26

Date of Publication:

A RESOLUTION AUTHORIZING THE CITY OF RAHWAY TO APPLY FOR AND
ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY
AFFAIRS
WHEREAS, the City of Rahway desires to apply for and obtain a grant from the New
Jersey Department of Community Affairs in the approximate amount of $2,175,000.00 to carry
out a project to supplement municipal operating funds; and
WHEREAS, the City recognizes and accepts that the New Jersey Department of
Community Affairs may offer a lesser or greater amount than the amount requested.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the City of Rahway is hereby authorized to
apply for and obtain a grant from the New Jersey Department of Community Affairs in the
approximate amount of $2,175,000.00 to carry out a project to supplement municipal operating
funds.
BE IT FURTHER RESOLVED, that upon receipt of a grant agreement from the New
Jersey Department of Community Affairs, the City is hereby authorized to execute such grant
agreement and, upon receipt of the fully executed agreement from the Department, to expend funds
pursuant to the terms of the agreement between the City of Rahway and the New Jersey
Department of Community Affairs.
BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures
appear below are authorized to sign the application, and that they, or their successors in said titles,
are authorized to sign the grant agreement and any other documents necessary in connection
therewith.
(signature)
Matthew Pukavich
(type or print name)
Business Administrator
(title)

(signature)
Raymond Giacobbe
(type or print name)
Mayor
(title)

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-205-26

Date of Adoption:

A RESOLUTION HONORARILY NAMING THORN STREET BETWEEN EAST
STEARNS STREET AND EAST LAKE AVENUE AS “WALTER MCLEOD STREET”
WHEREAS, Walter McLeod was a longtime resident of the City of Rahway and a
distinguished public servant whose civic career included more than five decades of service in civic
development, planning, and community leadership; and
WHEREAS, Mr. McLeod served the City as Fourth Ward Councilman, Councilman AtLarge, and twice as President of the Rahway City Council, including in 1978 and 1986; and
WHEREAS, during his tenure in municipal service, Mr. McLeod contributed substantially
to Rahway’s redevelopment planning, housing expansion, neighborhood revitalization, civic
engagement, and long-term planning priorities; and
WHEREAS, Mr. McLeod’s service to Rahway further included participation in the
Rahway Planning Board, the Rahway Housing Authority Board of Directors, the 4th Ward Civic
Association, the Rahway Democratic Committee, and Ebenezer A.M.E. Church; and
WHEREAS, Mr. McLeod’s achievements and public service have been recognized
through historical publications, testimonials, gubernatorial correspondence, public recognitions,
and honors reflecting his sustained community impact; and
WHEREAS, the Street Dedication Review Committee’s preliminary review concluded
that Mr. McLeod’s nomination demonstrates exceptional merit and strongly supports the proposed
dedication of Thorn Street between East Stearns Street and East Lake Avenue; and
WHEREAS, the Municipal Council finds it fitting and proper to honor Walter McLeod’s
enduring legacy by designating said street segment with an honorary name recognizing his
contributions to the City of Rahway.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and the Municipal Council of
the City of Rahway, County of Union, State of New Jersey, that Thorn Street between East Stearns
Street and East Lake Avenue is hereby honorarily named “Walter McLeod Street.”
BE IT FURTHER RESOLVED that the appropriate City officials are authorized to take
all necessary and customary actions to implement this honorary naming, including the placement
of appropriate signage, subject to applicable municipal procedures and requirements.

RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No. AR-206-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR SALE OF CELL
TOWER LEASE AND/OR LICENSE AGREEMENTS FOR CELL TOWERS LOCATED
ON PROPERTY OWNED BY THE CITY OF RAHWAY AND AUTHORIZING THE
EXECUTION OF A CONTRACT OF SALE OR CONVEYANCE IN CONNECTION
THEREWITH THE SUCCESSFUL BIDDER
WHEREAS, the City of Rahway (the “City”) is the owner of the real property located at
1045 Westfield Avenue, Rahway, New Jersey (the “Water Tower Property”) and 999 Hart Street,
Rahway, New Jersey (the “DPW Property”, and together with the Water Tower Property, the
“Property”); and
WHEREAS, starting in or around 2002, the City has entered into and been party to certain
agreements (collectively, the “Agreements”) with several communication companies (collectively,
“Lessees”) as set forth in greater detail herein below, under which the City has permitted the
leasing and/or licensing by said companies of space for the installation and maintenance of
radio/cellular communications equipment (collectively, “Equipment”) at the Property, including
the installation and maintenance of Equipment on water tanks and cellular/radio towers at the
Property; and
WHEREAS, the City presently has Agreements in place with the following Lessees:
- Verizon Wireless (Water Tower Property)
- Verizon Wireless (DPW Property)
- T-Mobile (Water Tower Property)
- T-Mobile (DPW Property)
- AT&T (Water Tower Property); and
WHEREAS, the Properties were identified by the City as desirable locations for the
installation and maintenance of the Equipment, and the City determined that there is significant
value associated with the right to lease and/or license the right to install and maintain Equipment
at said sites; and
WHEREAS, pursuant to Resolution No. AR-54-26 of the City adopted by the Municipal
Council on February 2, 2026, the City authorized the solicitation of bids from prospective
purchasers with respect to the purchase by said bidders of the City’s rights and obligations under
the Agreements (the “Project”); and

WHEREAS, a request for bids under City Contract No. CORW202602 – Sale of Rights
Under Cell Tower Lease/License Agreements in connection with the Project (the “Bid
Specifications”) was advertised on March 19, 2026, and March 26, 2026, in the Home News
Tribune and The Star Ledger and was also published on the City’s website scheduling the bid
opening for April 8, 2026, at 2:00 p.m.; and
WHEREAS, the Bid Specifications set the minimum bid price at six million ($6,000,000)
dollars, with the City having reserved the right to reject all bids as permitted under New Jersey
law; and
WHEREAS, on April 8, 2026 the responsive bids in connection with City Contract No.
CORW202602 were opened at 2:00 p.m., and five (5) bids were timely submitted and received by
the City; and
WHEREAS, the highest bid was submitted by TPA VIII, LLC (“TowerPoint”) offering a
purchase price of $6,653,000 in connection with the Project; and
WHEREAS, the City determined that the bid submitted by TowerPoint was submitted in
conformance with the terms and conditions required and set forth in the Bid Specifications, and
that TowerPoint has, by virtue of its bid, agreed to the terms specified in the Bid Specifications;
and
WHEREAS, the sale of the property comprising the Project is authorized pursuant to
N.J.S.A. 40A:12-13 to the highest qualified bidder, and the property comprising the Project has
been determined by the City to be “surplus” property or property not needed for public use; and
WHEREAS, on July 6, 2026 the Municipal Council adopted Resolution No. AR-148-26
(the “Award Resolution”) formally awarding City Contract No. CORW202602 – Sale of Rights
Under Cell Tower Lease/License Agreements to TowerPoint and authorizing the preparation and
entering into of a contract of sale/conveyance between the City and TowerPoint in connection with
said award and pursuant to the terms and specifications set forth in TowerPoint’s bid and the Bid
Specifications; and
WHEREAS, pursuant to the Award Resolution, the City has since engaged with
TowerPoint to negotiate and prepare a Telecommunication Easement And Lease Purchase
Contract, the form of which is attached hereto as Exhibit A (the “Purchase Contract”) to formally
memorialize the terms and conditions of the sale of property comprising the Project to TowerPoint
in accordance with the terms of TowerPoint’s bid and the Bid Specifications; and
WHEREAS, the City now wishes to formally approve and authorize the execution of and
entering into of the Purchase Contract with TowerPoint VIII, LLC; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the City, through its Mayor and/or City
Business Administrator, is hereby authorized to execute and enter into the Purchase Contract with
TowerPoint VIII, LLC in substantially the form attached hereto as Exhibit A, with such additions

and deletions as deemed necessary by the City in order to complete and finalize same, and all in
connection with the terms of the Award Resolution, TowerPoint’s bid submission and the Bid
Specifications.
This Resolution shall take effect immediately.
EXHIBIT A
Form of Telecommunication Easement And Lease Purchase Contract

TELECOMMUNICATION EASEMENT AND LEASE
PURCHASE CONTRACT
THIS TELECOMMUNICATION EASEMENT AND LEASE PURCHASE
CONTRACT (this “Contract”) is made and entered into this
day of __________, 2026 (the
“Effective Date”), by and between CITY OF RAHWAY, a municipal corporation of the State of
New Jersey (“Seller”), and TOWERPOINT CAPITAL, LLC, a Delaware limited liability company,
manager of and on behalf of TPA VIII, LLC (“Buyer”).
RECITALS:
A.
Seller owns each of those certain tracts of land located at: (a) 1045 Westfield Avenue,
Rahway, New Jersey 07065, also known as Block 188, Lot 9 and Portion of Lot 2 in Block 201, and
(b) 1711 Edgewood Street, Rahway, New Jersey 07065, also known as a portion of Lot 5 in Block 340
(each a “Property”, collectively the “Properties”). Each Property is more particularly described on
Exhibit A attached hereto and incorporated herein by this reference.
B.
Seller, or Seller’s predecessor in interest, entered into one or more telecommunication
leases, the basic terms of which are described on Exhibit B attached hereto and incorporated herein
by this reference (the “Lease”).
C.
Pursuant to Resolution No. AR-148-26 adopted on July 6, 2026 (the “Resolution”)
attached hereto as Exhibit C, the Municipal Council of the City of Rahway authorized that City
Contract No. CORW202602 for the sale of rights under cell tower lease/license agreements (the “City
Contract”), be awarded to TPA VIII, LLC (TowerPoint), subject to the negotiation and entering into
of a formal written purchase and sale agreement between Seller and Buyer.
D.
Seller intends to assign the Lease to Buyer and grant Buyer telecommunication
easements to provide Buyer sufficient rights in each Property to perform as lessor and landlord under
the Lease as described in the easement agreement attached hereto as Exhibit D hereto and incorporated
herein by this reference for a ninety nine (99) year term (the “Easement”).
E.
Seller desires to sell, and Buyer desires to buy, the Easement and Lease pursuant to
the term and conditions contained herein.
AGREEMENT:
NOW, THEREFORE, the above recitals being hereby incorporated and made a part of this
Contract, and for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00), and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Buyer and Seller hereby agree as follows:
SECTION 1. Sale of Easement and Lease; Purchase Price. Seller hereby agrees to sell and
Buyer hereby agrees to purchase the Easement and Lease subject to and in accordance with the terms
and conditions set forth in this Contract. The purchase price (the “Purchase Price”) to be paid by
Buyer for the shall be equal to Six Million Six Hundred Fifty Three Thousand ($6,653,000.00) and
00/100 Dollars. The Purchase Price shall be paid as follows: (i) an earnest money deposit in the
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#1703647v19

amount of Two Hundred Six Thousand One Hundred Fifty ($206,150.00) and 00/100 Dollars (the
“Deposit”) to be paid by Buyer within five (5) days of the Effective Date, to be held in escrow by
Buyer’s title company or in the non-interest-bearing Attorney Trust Account of Waters, McPherson,
McNeill, P.C. and applied to the Purchase Price at Closing, and (ii) the balance of the Purchase Price
in the amount of Six Million Four Hundred Forty-Six Thousand Eight Hundred Fifty and 00/100
Dollars ($6,446,850.00) to be paid by Buyer at Closing (hereinafter defined) each in current and
immediately available U.S. federal funds in accordance with wiring instructions to be provided by
Seller, or such other forms of immediately available funds as may be acceptable to Seller. Buyer shall
acquire the Easement and Lease in its asset holding company TPA VIII, LLC.
SECTION 2. Closing Date. The closing of the sale of the Easement and Lease (the “Closing”)
shall take place on or before the date that is thirty (30) days from the expiration of the Due Diligence
Period. The date that the Closing actually occurs as determined and provided pursuant to the terms
of this Section 2 is herein referred to as the “Closing Date”. The Closing shall take place on the
Closing Date with the Buyer and Seller delivering closing documents into escrow, in advance, with
TitleVest Agency, LLC (“TitleVest”) at 110 East 42nd Street, 10th Floor, New York, NY 10017
within no less than three (3) days prior to Closing, and upon completion of the Closing on the Closing
Date, the balance of the Purchase Price shall be released to Seller pursuant to Section 1 above and all
documents in escrow shall be released.
SECTION 3. Title to the Easement. At Closing, Seller shall grant the Easement to Buyer,
conveying to Buyer marketable and insurable title to the Easement free and clear of all liens,
encumbrances, and defects of title other than: (a) zoning ordinances affecting each Property but
allowing for telecommunication uses, and (b) matters of record that are not objected to by Buyer
(“Permitted Exceptions”); provided that Seller shall be required to satisfy, at or prior to closing, any
and all encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of
trust, mortgages or statutory liens, except that deeds of trusts and mortgages shall be permitted if
Seller’s lender executes a subordination, non-disturbance and attornment agreement (“SNDA”)
reasonably satisfactory to Buyer. Seller shall not enter into or record any instrument that affects the
portion of each Property where the Easement is located or the Lease after the Effective Date without
the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or
delayed unless such instrument modifies the Lease. Buyer’s Easement rights shall be for the sole
purpose of the telecommunications leases and shall be non-exclusive as to the rights of Seller its
successors and assigns and existing easements for non-telecommunication purposes that do not impair
or diminish Buyer’s use of the Easement. Seller shall retain assignable rights to access, maintain,
repair or replace each Property and Seller’s personal property located on the Easement parcel. Such
rights of Seller shall be included as Permitted Exceptions, whether or not expressly described in
specific detail therein.
SECTION 4. Due Diligence Period, Inspection, and Title.
(a)
Buyer shall have a total of forty-five (45) calendar days from the Effective Date to
inspect each Property and the Lease (the “Due Diligence Period”) which includes finalizing any
unresolved issues with respect to the T-Mobile written consent and the Verizon right of first refusal
related to the Westfield site. During the first ten (10) days of the Due Diligence Period, Buyer and
Seller will work in good faith to finalize the Easement in a mutually agreeable form. If Buyer, in
Buyer’s sole and absolute discretion, determines during the Due Diligence Period that the results of
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#1703647v19

Buyer’s review of each Property, Lease or negotiation of the Easement will not meet the Buyer’s
requirements, then Buyer shall notify Seller in writing prior to the expiration of the Due Diligence
Period that the Contract is terminated. If Buyer elects to terminate the Contract, all documents
deposited with TitleVest shall be returned immediately to the respective Parties depositing the same,
the bid shall be deemed withdrawn, the Deposit shall be released to Buyer, and the Parties shall be
thereafter be released from all obligations and liability under this Contract. If Buyer does not notify
Seller of Buyer’s election to waive said defects or terminate the Contract prior to the expiration of the
Due Diligence Period, then Buyer shall be deemed to have accepted the Easement, Lease and Property,
and Buyer shall be obligated to procced to Closing. In carrying out any due diligence activities, Buyer
shall utilize commercially reasonably efforts to not disrupt business being conducted on Seller’s
Property, including but not limited to current operations of Seller and its lessees. Such inspections
shall not use the services of a Licensed Site Remediation Professional (“LSRP”) without Seller’s
express written consent.
(b)
In connection with Buyer’s (or its employees’, consultants’ and subcontractors’) entry
onto each Property pursuant to this Section 4, Buyer shall (i) keep each Property free of any liens or
third party claims, losses, damages, demands or the cost and expense thereof, including reasonable
attorneys’ fees actually incurred, resulting therefrom, (ii) indemnify, defend and hold harmless Seller
from and against any damage, claim, demand, action, penalty, fine, liability, loss, cost or expense of any
nature, including reasonable attorneys’ fees and costs, asserted against Seller arising from personal
injury (including death), property damage or otherwise as a result of the entry by Buyer, its employees,
consultants and subcontractors onto each Property (but excluding only Buyer’s discovery of any preexisting contamination at each Property during the performance by Buyer of its due diligence activities),
(iii) procure and deliver to Seller prior to any entry onto each Property evidence of insurance coverage
as required pursuant to Section 13 of this Contract, (iv) refrain from disturbing or damaging any of the
existing improvements and personal property or otherwise damaging any portion of each Property, and
(v) provide at least two (2) business days prior written notice to Seller before entry onto each Property
(and Seller shall have the right to accompany Buyer on any entry onto each Property and the right to
require Buyer to provide split samples of any testing or investigations and the results of any testing or
investigations). All of Buyer’s obligations under this Section 4 shall survive Closing or termination of
this Contract.
(c) Buyer shall, at Buyers expense, cause a title examination to be made of each Property. In
the event that such title examination shows that Seller’s title is not fee simple and that title to the
Easement is not marketable to the extent that such easement rights are being conveyed to Buyer and
insurable as an easement estate, subject only to Permitted Exceptions, then Buyer shall notify Seller
in writing prior to the expiration of the Due Diligence Period of all such title defects and exceptions
and Seller shall have thirty (30) days from notice to cure said noticed defects. If Seller does not cure
the defects or objections within (30) thirty days of notice thereof, then Buyer may terminate this
Contract. Title to the Easement must be insurable at regular rates, subject only to standard exceptions
and the Permitted Exceptions. Notwithstanding the preceding, Seller shall not be obligated to cure
any title defects or incur any costs in connection with same.
SECTION 5. Closing Costs. Buyer shall pay for the cost of title insurance and the title
examination of each Property along with TitleVest’s escrow and settlement fees. Buyer shall bear the
cost of the cost of recording any instruments under the terms of this Contract including the Easement,
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assignment of the Lease except that Seller shall pay the recording fee for any SNDA. Seller shall pay
for the cost of all transfer taxes and (as applicable) stamp taxes. Seller shall pay the cost of
discharging any mortgage, lien or title encumbrance other than those permitted hereunder.
SECTION 6. Brokerage Commission. Buyer and Seller each represent and warrant to the other
that it has not dealt with any agent, realtor, finder or broker in connection with this transaction and each
party agrees to indemnify and hold the other harmless from and against any and all claims, losses,
damages, demands or the cost and expense thereof, including reasonable attorneys’ fees actually
incurred at customary hourly rates, arising out of any brokerage commission, fee or other compensation
due or alleged to be due in connection with the transaction contemplated by this Contract based upon
an agreement, arrangement or understanding alleged to have been made or other action alleged to have
been taken by or on behalf of the indemnifying party. This Section shall survive the Closing.
SECTION 7. Closing Documents.
(a) At Closing, Seller shall deliver to TitleVest the following for each Property:
i. a duly executed and acknowledged Easement in recordable
form conveying title to the Easement;
ii.

an assignment and assumption of Lease;

iii. a duly executed lien affidavit warranting and holding Buyer
and TitleVest (hereinafter defined) harmless against unpaid laborers’ and
materialmen’s liens incurred by or on behalf of Seller;
iv. such other documents as TitleVest may reasonably request to
evidence Seller’s authority to execute and perform under this Contract and to
execute and deliver all documents conveying the Easement and Lease to
Buyer;
v.
a Foreign Investment in Real Property Tax Act affidavit
executed by Seller (or, if Seller is a disregarded entity, by the other
appropriate entity; i.e., an affidavit executed by Seller or another
appropriate entity to the effect that Seller or such other entity is not a
“foreign person” within the meaning of Internal Revenue Code Section
1445 or successor statutes);
vi. possession of the Easement and Lease free of the rights and
claims of others, except as otherwise noted herein;
Lease;

vii. copies of attornment letters provided to all lessees under the

viii. all other documents required by the Bid Specifications or this
Contract to be delivered by Seller hereunder;
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ix.

a counterpart executed closing statement;

x.
such other documents and papers which may be necessary to
the consummation of the transaction described in this Contract or may be
reasonably requested by TitleVest, Buyer or Buyer’s counsel.
(b) At Closing, Buyer shall deliver to TitleVest:
i.

the balance of the Purchase Price due at Closing;

ii.

a counterpart executed closing statement;

iii. a counterpart executed assignment and assumption of Lease;
iv. Legal entity organizational documents (including any Amendments
thereto) showing proof of authority;
v.

such other documents as TitleVest may reasonably request to evidence
Seller’s authority to execute and perform under this Contract and to
execute and deliver all documents conveying the Easement and Lease to
Buyer;

vi. Buyer’s name and contract information for 24x7 notification;
vii. Bring down certificate as to Buyer’s representations and warranties;
viii. all other documents required by the Bid Specifications or this
Contract to be delivered by Buyer hereunder.
SECTION 8. No Assignment, Delegation or Agency without Seller Consent. Buyer shall not
be permitted to assign, delegate, or grant a right to any third party to executed this Contract without
the prior written consent of the Seller which may be withheld in Seller’s sole and absolute discretion.
Any assignment or transfer of this Contract, even with the Seller’s consent, shall not relieve the
Buyer of any of its obligations or responsibilities and the Buyer shall remain primarily liable, along
with the assignee or transferee for the performance of all obligations and responsibilities imposed
upon the Buyer by the Contract. Assignment or transfer of this Contract must be on advance
written notice to Seller and Buyer, subject to receipt of Seller’s consent as set forth herein, and
Buyer shall provide documentation confirming Buyer’s ownership or managing interest in any
assignee or transferee at the time any such request is made.
SECTION 9. Default and Remedies.
(a) In the event Seller defaults or fails to perform any of the conditions or obligations of
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Seller under this Contract, Buyer shall have the right, as its sole remedy, to either (i) enforce an action
in equity for specific performance, or (ii) terminate this Contract by giving written notice to Seller
and receive the return of its Deposit, and the parties shall have no further obligations to one another.
These remedies shall be exclusive and not cumulative.
(b) In the event Buyer defaults or fails to perform any of the conditions or obligations of
Buyer under this Contract, Seller shall have all remedies available at law or in equity, including,
without limitation, the right to seek specific performance and the right to bring a cause of action against
Buyer for Seller’s actual and direct damages. Seller’s remedies shall be cumulative.
(c) The provisions of this Section 9 shall survive Closing.
SECTION 10. Miscellaneous.
(a)
References to Buyer or Seller and other references contained herein shall be deemed
to include the plural, neuter, feminine and masculine. If any provision of this Contract is held invalid
or unenforceable, the remainder of it shall not be affected thereby, and to this end the provisions
hereof are declared severable.
(b)
All notices, demands, consents and approvals which may or are required to be given
by either party to the other hereunder shall be in writing and shall be deemed to have been fully given
when personally delivered or within three (3) days of when deposited in the United States mail,
certified or registered, postage prepaid or the following business day after delivery to recognized
overnight delivery service with overnight delivery requested and addressed to the party to be notified
at the address for such party specified in this Contract, or to such other place as the party to be notified
may from time to time designate by at least fifteen (15) days’ notice to the notifying party. The notice
addresses of the parties are as follows:
SELLER:

City of Rahway NJ
1 City Hall Plaza
Rahway, NJ 07065

Attn: Business Administrator
Copy to:

Waters, McPherson, McNeil, P.C.
300 Lighting Way
P.O. Box 1560
Secaucus, NJ 07096

Attn: David A. McPherson, Esq.
BUYER:

TPA VIII, LLC
c/o TowerPoint
1870 The Exchange SE, Suite 220
PMB 909780
Atlanta, GA 30339-2171
Attn: Chief Executive Officer

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Copy to:

TPA VIII, LLC
c/o TowerPoint
3715 Northside Parkway
Building 2, Suite 400
Atlanta, GA 30327
Attn: General Counsel

(c)
This Contract shall be governed by and construed in accordance with the laws of the
State of New Jersey.
(d)
This Contract and the Exhibits hereto contain the entire understanding and agreement
by and between the parties with respect to each Property and all prior or contemporaneous oral or
written agreements or instruments with respect to the Easement and Lease, are merged herein. All
plans and specifications and all terms and conditions in the bid package for Contract No.
CORW202602 as advertised on March 19, 2026 and March 26, 2026 in the Home News Tribune and
the Star Ledger, whether or not such terms and conditions are expressly stated herein, together with
any addendum issued thereafter, shall become part of this Contract as if fully stated herein and are
deemed accepted and acknowledged by Buyer and entering into this Contract constitutes a waiver of
any disputes or objections with respect to such bidding process. No amendment to this Contract shall
be effective unless the same is in writing and signed by the parties hereto.
(e)
This Contract shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted successors and assigns.
(f)
The captions and headings throughout this Contract are for convenience and
reference only and the words contained in such captions and headings shall in no way be held to define
or add to the interpretation, construction or meaning of any provision of this Contract.
(g)
This Contract may be executed using electronic signatures and in counterparts, each of
which shall constitute an original and all of which when taken together shall constitute but one
original.
(h)
If any legal action or other proceeding is brought for the enforcement of this
Contract, or because of an alleged dispute, breach or default in connection with any of the
provisions of the Contract, the prevailing party or parties shall be entitled to recover reasonable
attorneys’ fees actually incurred at customary hourly rates and other costs incurred in that action
or proceeding, including those related to appeals, in addition to any other relief to which it or they
may be entitled.
(i)
Buyer represents that (a) the execution and performance of this Contract has been
authorized by a proper resolution of the Buyer; (b) Buyer is a limited liability company, duly
organized, validly existing and in good standing under the laws of its jurisdiction and is authorized
to conduct business and is in good standing in the State of New Jersey; (c) no notice, consent,
approval, or authorization of, or registration, qualification, or filing with, any third party or
governmental agency or authority is required for the execution and delivery of this Contract by
Buyer or for the consummation by Buyer of the transactions contemplated by this Contract; (d)

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neither the execution and delivery of this Contract, nor the performance by Buyer of its obligations
under this Contract, will (i) result in a violation of any laws, (ii) conflict with Buyer’s certificate
or articles of formation, operating or company agreement, or any other organizational documents,
or (iii) result in a breach of, or constitute a default under, any material agreement or instrument to
which Buyer is a part of or by which Buyer is bound; and (e) no litigation, proceeding,
investigation, or inquiry is pending, or to Buyer’s knowledge, threatened, which, if sustained,
would enjoin or prevent the consummation of this transaction or would materially and adversely
affect Buyer’s right to continue the operation of the assets as presently conducted and there will
not have occurred any other material adverse change in the assets or the operations, financial
condition, or prospects of the assets.
(j)
Rental payments are expected to continue to be received by Seller for up to two (2)
monthly rental payment cycles (approximately 60 days beyond Closing). Buyer and Seller agree
to make any necessary reimbursements and adjustments to each other should any over or under
payments to Seller occur within one hundred twenty (120) days of Closing.
(k)
Buyer shall comply with all applicable State and Federal regulations including
prevailing and minimum wage regulation. It is expected that all hourly rates used to calculate the
Purchase Price (including all hourly rates to be paid by the Buyer to all workers performing
services in connection with the City Contract for the life thereof) will be prevailing wage rates.
(l)
Seller, its successors and assigns, shall not be responsible for any tax obligations of
Buyer or any successor in interest to Buyer.
(m)
Buyer shall use commercially reasonable efforts to address any concerns postclosing in a timely manner upon receipt of notice from Seller.
(n)
Any equipment or structures (if applicable) sold as part of this transaction are sold
“as-is, where-is” and all equipment or structures adjacent to, connected with, or incidental to the
rights and property being sold as part of this transaction are deemed for purposes of this transaction
to be in current “as-is, where-is” condition. Without inspections or investigations, the Seller has
no knowledge of any physical, structural or mechanical defects or limits regarding the tower at
present, and undertakes no duty to perform any such inspections or investigations in connection
with this transaction. Buyer and any lessees shall at all times rely on their own engineering and/or
inspection reports/due diligence with respect to all such matters. The Seller makes no
representations or warranties regarding their actual condition and the Buyer may conduct such
inspections as are customary and reasonably necessary during the Due Diligence Period. The
Buyer (or the lessees as per terms of the lease agreements) is responsible for inspecting,
maintaining and repairing/replacing all equipment, facilities, structures, etc. used for
telecommunication purposes at all sites after the Closing.
(o)
All terms and conditions in the assigned Lease regarding, without limitation, Use,
Tests and Construction, Improvements, Liability, Utilities, Access, Inspections, Interference,
Equipment, Indemnification, Restoration or Removal of Antenna System, Use of Premises,
Repairs, notwithstanding anything to the contrary herein, are obligations of the Buyer to the Seller.
As an example, the requirement for a lessee to notify the lessor for planned maintenance activities
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at one of the sites means that the lessee notifies the Buyer (as the assigned lessor), and it is the
Buyer’s obligation to notify the Seller. The Seller will not recognize or accept notices from lessees
that have not been transmitted to the Seller by the Buyer.
(p)
Buyer’s representations and warranties made in this Contract are true in all material
respects and Buyer will provide a bring down certificate at Closing as to the accuracy of Buyer’s
representations and warranties as of the Closing Date.
(q)
In the event of loss or damage prior to Closing to the tower where the
telecommunications antennas are located in an amount greater than 5% of the Purchase Price that
is not remedied by Seller by the Closing Date or condemnation of any of the Real Property prior
to Closing, Buyer may, at its option elect to (a) consummate the transaction in accordance with
this Contract in which event Seller will assign to Buyer all of Seller’s rights to insurance or
condemnation proceeds related to such casualty or condemnation, plus deliver to Buyer at Closing
an amount equal to all applicable insurance deductibles less amounts expended by Seller on repair,
replacement or restoration of the tower, (b) purchase only the assets not affected by damage or
condemnation in accordance with this Contract, in which event the Purchase Price will be reduced
by the value assigned to the damage or condemned asset on the closing statement, or (c) terminate
this Contract.
SECTION 11. Deliverables. Seller agrees to use best efforts to deliver to Buyer and
Buyer’s counsel as soon as reasonably possible after the Effective Date copies of all information
relating to each Property and Lease in possession of, or available to Seller, including, but not
limited to, the following:
(a)
Executed Lease including any and all Amendments thereto (as well as any lease
commencement letters, notices, or other correspondence regarding the Lease);
(b)
Proof of Rent Payments under the Lease (minimum of 3 months received in the last
6 months); e.g.: copies of rent checks/stubs, certified rent roll and/or direct deposit statements;
(c)
Seller Request for Information (RFI): Completed and executed including social
security numbers for individuals with 20% or greater ownership positions in the entity which owns
each Property;
(d)
Seller’s comments or Seller’s counsel’s comments, if any, to the Easement or return
the Easement with each page initialed showing approval of the form Easement;
(e)
If an existing mortgage is in place on a Property: A Mortgage Statement and Lender
contact information for obtaining a subordination, non-disturbance and attornment agreement from
Lender (required only if a Property is encumbered by a Mortgage, Deed of Trust, Line of Credit
or similar instrument);
(f)
Legal entity organizational documents (including any Amendments thereto)
showing proof of authority.
SECTION 12. Limitation on Damages. Except as expressly provided in this Contract,
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neither party shall be responsible to the other for indirect, special or consequential, punitive, or
speculative damages.
SECTION 13. Insurance.
A.

General Instructions.

(1) Buyer shall not commence pre-closing Due Diligence or work under the City
Contract until Buyer has obtained all insurance required under this Section or as otherwise noted
in the Specifications of Sale in the bid package, and such insurance has been approved by the
Seller, nor shall Buyer allow any subcontractor to commence work on its subcontract until all
similar insurance required of the subcontractor is obtained and approved by the Seller. Any special
insurance required by the City Contract itself shall also be obtained by the Buyer and Buyer’s
subcontractors and approved by the Seller before any Due Diligence or work is commenced.
(2)
Certificates evidencing each insurance coverage shall be submitted by the
Buyer and Buyer’s subcontractors to the Purchasing Agent and the City Engineer within twentyone (21) days after execution of this Contract. All such certificates shall be issued by an insurer
acceptable to the Seller, authorized to transact business in the State of New Jersey, and have an
A.M. Best & Co. rating of not less than A:VII, naming thereon the City of Rahway as an additional
insured. The certificates shall specifically state that the insurance company or companies issuing
such insurance policies shall give the Seller at least thirty (30) days written notice in the event of
cancellation of, or material change in, any of the policies. If coverage on any certificates is shown
to expire prior to completion of all terms of the City Contract, a new certificate shall be furnished
to the Seller evidencing renewal of the coverage. All certificates of insurance shall clearly show the
contract number.
(3)
A performance bond shall be submitted for any self-insured coverage
guaranteeing payment of losses and related investigations, claims administration and defense
expenses.
(4)

The Insurance Specifications shall be as follows:

(a) Buyer shall procure and maintain in force, at its expense, during the term of this
Contract, policies of insurance and shall cause its contractors and subcontractors to maintain
insurance, including commercial general liability (“CGL”) insurance, issued by a New Jersey
Licensed insurer reasonably acceptable to the Seller, insuring Buyer and, as named insureds, the
Seller, and any additional parties that the Seller may reasonably designate by written notice,
providing coverage in the following amounts:
i.

General liability coverage on an occurrence basis with loss specific
limits of no less than $1,000,000.00 per occurrence and
$2,000,000.00 in aggregate, expressly including Bodily Injury, Broad
Form Property Damage, Products liability, Owner-Contractors
Liability, and completed operations coverages;

ii.

Automobile Liability Insurance providing combined single limit (per
accident) coverage of $1,000,000.00;

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iii.

Workers’ Compensation coverage conforming to New Jersey
statutory requirements, including Employer’s Liability Limits of no
less than $500,000.00/$500,00.00/$500,000.00 (each accident/each
employee/policy limit); and

iv.

Excess/Umbrella Liability coverage, on terms of coverage
coextensive with (following the form of) primary insurance
hereunder with limits no less than $1,000,000.00 per occurrence and
in aggregate, such that per occurrence coverage in total of
$2,000,000.00 shall be available (using any combination of primary
and excess/umbrella coverage limits, for all coverages provided
hereunder, including General Liability, Auto Liability, OwnerContractors Liability, (including completed operations coverages)
and Employer’s Liability Insurance.

(b) Any uncured lapse, cancellation, or expiration in any insurance coverage
required herein shall be a default of Buyer’s non-monetary obligations under this Contract. Buyer
shall provide notice to the Seller in the event Buyer shall receive notice of, or otherwise become
aware of, any action or prospective action, by any insurer adversely affecting coverage provided
hereunder. Prior to entry of the Properties, Buyer shall provide the Seller with a certificate of
insurance verifying the insurance coverages provided for herein, and shall: (i) name the Seller as
an additional insured and include each of the Properties as insured locations, (ii) be on an occurrence
basis, (iii) provide that it shall not be cancelled without thirty (30) days prior written notice to the
Seller, (iv) be primary and will not seek contribution from any “other insurance” or self-insurance
available to the Seller, (v) apply before any “other insurance” or self-insurance that is available to
the Seller, and (vi) be written by a carrier licensed to do business in New Jersey and reasonably
satisfactory to the Seller.
(5)
under the Lease.

Buyer shall require all lessees to maintain all insurance coverage required

SECTION 14. Americans with Disabilities. Buyer shall comply with the provisions of
Title II of the Americans With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. S12101 et seq.).
SECTION 15. Equal Opportunity Employment. Buyer shall comply with the provisions
and regulations of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 pertaining to mandatory equal
opportunity employment.
SECTION 16. New Jersey Business Registration. Prior to the City Contract being
awarded, Buyer shall provide Seller with a copy of the NJ business registration certificates for (a)
Buyer, (b) any permitted assignee, (c) Buyer’s subcontractors providing goods or performing
services, issued by the Division of Revenue in the Department of the Treasury, pursuant to N.J.S.A.
52:32-44. Buyer shall provide written notice to its subcontractors to submit proof of their NJ
business registration to Buyer.
SECTION 17. Restoration. Notwithstanding anything to the contrary as stated in the
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assigned Lease, terms regarding restoration of Seller’s property(ies) at the termination or
expiration of any of the leases assigned to (or added by) the Buyer, the Buyer agrees that it shall,
at its sole cost and expense, use commercially reasonable efforts to enforce the obligations of each
tenant, as such obligations appears in each tenant lease, to restore all of Seller’s real or personal
property which was, in any way disturbed by the prior construction and installation authorized by
the assigned leases, or any new leases, or on the ground space located on the Seller’s real property,
to the condition it was in prior to entry by the respective lessee(s), reasonable wear and tear
excepted. Upon termination of any Easement Tenant lease, Buyer shall use commercially
reasonable efforts to enforce the Easement Tenant’s obligation as set forth in the applicable
Easement Tenant lease to remove its equipment and personal property and restore such Easement
Tenant's leased premises as nearly as practicable to its original condition, reasonable wear and tear
excepted. Upon termination of the Easement, Buyer shall remove its personal property, if any,
from the Parent Property. If the Easement is terminated and the applicable Easement Tenant or
the Buyer has not completed removal and restoration of its installation within ninety (90) days of
the termination of the Easement, then Seller may give notice to the Buyer and the applicable
Easement Tenant and thirty (30) days thereafter may perform the restoration with the Seller’s own
contractor or a contracted work force at Buyer’s and/or such Easement Tenant’s sole cost and
expense. For an abundance of clarity, Seller shall have the right to collect the costs of performing
such work from either the Easement Tenant, the Buyer, or both not to exceed the total cost.
SECTION 18. Confidentiality. Any and all information obtained by the Buyer or the
Buyer’s representatives in connection with its due diligence investigation and review and/or
inspections and examinations shall be treated as confidential information and shall remain
confidential in the event of termination of the Contract. Buyer shall not disclose any such
confidential information without first obtaining the Seller’s prior written consent, except that the
Buyer may disclose such confidential information to its affiliates, consultants, representatives, or
others who require such information in order to assist or facilitate the Buyer’s due diligence
investigation and review, and Buyer shall cause such parties to retain the confidentiality required
pursuant to this Section.
SECTION 19. Approvals. The Buyer shall use commercially reasonable efforts to enforce
the obligations of each tenant, as such obligations appears in each tenant lease, to obtain and
maintain any and all requisite licenses, permits and approvals necessary to conduct business as a
telecommunications and/or radio service provider or as a person or entity engaged in the business
of facilitating the transmission and reception of telecommunications or radio messages and data,
and to keep and maintain such licenses, permits and approvals in good standing after Closing.
SECTION 20. Mutual General Indemnification. Seller and Buyer shall each indemnify and
hold harmless the other against any and all claims, damages, costs and expenses (including
reasonable attorney’s fees and disbursements) caused by or arising out of the indemnifying party’s
breach of this Contract or the negligent acts or omissions or willful misconduct by the
indemnifying party or the employees, agents, or contractors of the indemnifying party. The Seller
assumes responsibility for all liabilities, claims, obligations and duties related to the assets up to
the Closing Date. The Buyer will be responsible for all liabilities, claims, obligations and duties
related to the assets after the Closing Date. Seller and Buyer agree to mutually defend, indemnity
and hold the other harmless against any and all claims, damages, costs and expenses (including
reasonable attorney’s fees and disbursements) caused by or arising out of the indemnifying party’s
breach of its obligations, representations, warranties and duties related to the assets based upon the

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time periods described.
SECTION 21. Waiver of Jury Trial. Each of the undersigned hereby knowingly,
voluntarily, and intentionally waives the right which any of the undersigned may have to a trial by
jury with respect to any litigation between any of the parties hereto, including, but not limited to,
with respect to any and all cause or causes of action, defenses, counterclaims, cross claims, third
party claims, and intervenor's claims, whether now existing or hereafter arising, and whether
sounding in contract, tort, equity or otherwise, regardless of the cause or causes of action, defenses
or counterclaims alleged or the relief sought by any party, and regardless of whether such causes
of action, defenses or counterclaims are based on, or arise out of, under or in connection with this
agreement or its subject matter, out of any alleged conduct or course of conduct, dealing or course
of dealing, statements (whether verbal or written), or otherwise. Any party hereto may file a copy
of this agreement with any court as conclusive evidence of the consent of the parties hereto to the
waiver of any right they may have to trial by jury.
SECTION 22. Additional Tenants, Antennae or Other Equipment. Except as otherwise
herein stated, Buyer shall have no right, to (a) add additional tenants, antennae or other equipment
on the remainder of the Seller’s water storage tank, which remains the Seller’s property, or (b)
make changes to the footprints of existing lessee’s use of ground space without Seller’s prior
written approval, and upon such terms and conditions as the parties may mutually agree upon; nor
is any access or rights conveyed to any other portions of this site, or any other structures or
equipment thereon, all of which remains the property of the Seller. The addition of any additional
equipment by existing or new tenants within the leased space must be reasonably approved by the
City Engineer for structural soundness of the water storage tank(s) and confirmation that any such
addition will not impair or impede upon the ability to operate the water tank or water system.
Seller’s approval of changes that do not negatively impact existing Seller or other parties’ interests
and rights upon those grounds will not be unreasonably withheld. Any changes made to equipment
added or existing on Seller’s water storage tanks, except for emergency repairs, shall require
advance written notice to the Seller and must be permitted, approved and licensed by all applicable
federal, state and local authorities and government agencies.
SECTION 23. Expanded Easement Area for Additional Telecommunications Tenant(s).
Buyer may request from Seller post closing, in writing, an additional easement area not to exceed
five hundred (500) square feet for attachment of antennas to the exterior of the water tower along
with equipment ground space, as further described in the second paragraph (Easement Area
Description) of Exhibit C of the Easement Agreement, attached hereto. Buyer’s request for such
additional easement area shall be subject to advance written notice to Seller and Seller shall have
the right to review, request any modifications and/or to deny Buyer’s request pursuant to the
provisions of the Easement Agreement.
SECTION 24. Rent Sharing. This Contract is subject to revenue sharing by Buyer in favor
of Seller of Fifty (50%) percent for any new telecommunications tenant’s rent generated from
tenant’s collocation on available space across the water tower structure and from an additional 500
square feet of ground space (if approved by Seller), as further described in Section 5 (Rent Sharing)
of the Easement Agreement, attached hereto as Exhibit C. This provision and Buyer’s obligations
herein and pursuant to Exhibit C, shall survive the Closing.
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Asset File #: TWPA0054093 (Westfield) and TWPA0054092 (Hart St.)

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Asset File #: TWPA0054093 (Westfield) and TWPA0054092 (Hart St.)

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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the
Effective Date.

SELLER:
CITY OF RAHWAY NJ,
a ____________________________
By: ____________________________
Name: __________________________
Title: ___________________________

BUYER:
TowerPoint Acquisitions, LLC
a Delaware limited liability company
By: ____________________________
Jesse M. Wellner
Chief Executive Officer

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Asset File #: TWPA0054093 (Westfield) and TWPA0054092 (Hart St.)

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Exhibit A
Legal description of Property

1711 Edgewood St, Rahway, New Jersey 07065

[Insert Legal Description of Property]

Site Location: 1045 Westfield Ave, Rahway, New Jersey 07065

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Asset File #: TWPA0054093 (Westfield) and TWPA0054092 (Hart St.)

#1703647v19

Exhibit B
Site Locations and Lease Terms

Site Location: 1711 Edgewood St, Rahway, New Jersey 07065
Wireless Tenants

Current Rent

T-Mobile
Verizon

$5,200.00
$4,958.54

Rent Payment
Frequency
Monthly
Monthly

Escalation
(CPI, % or $)
4%
3%

Escalation
Frequency
Annual
Annual

Date of Next
Escalation
04/01/2027
04/01/2027

Site Location: 1045 Westfield Ave, Rahway, New Jersey 07065
Wireless Tenants

Current Rent

T-Mobile
Verizon
AT&T

$4,968.26
$6,662.92
$5,075.00

Rent Payment
Frequency
Monthly
Monthly
Monthly

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Asset File #: TWPA0054093 (Westfield) and TWPA0054092 (Hart St.)

#1703647v19

Escalation
(CPI, % or $)
3%
15%
3%

Escalation
Frequency
Annual
Term
Annual

Date of Next
Escalation
08/01/2027
09/01/2027
01/01/2027

Exhibit C
Easement
[1045 Westfield Avenue continues on next pages.]

#1703647v19

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Record and Return to:
Becky Allsbury
TitleVest Agency, LLC
110 E. 42nd Street, 10th Floor
New York, NY 10017
TitleVest Title No.:
Prepared by:
Jon L. Lober
TPA VIII, LLC
3715 Northside Parkway
Building 2, Suite 400
Atlanta, GA 30327

SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

EASEMENT AGREEMENT
This telecommunication easement and lease assignment agreement (“Agreement”) is made and shall be
effective on the ______ day of _____________________, 2026 (“Effective Date”), by and between CITY OF
RAHWAY, a municipal corporation of the State of New Jersey (“Grantor”) and TPA VIII, LLC, a Delaware
limited liability company (“Grantee”).
1. Grantor’s Property and the Telecom Tenant Lease. Grantor represents and warrants that it holds fee
simple title to certain real property located at 1045 Westfield Avenue, Rahway, New Jersey 07065, also
known as Block 188, Lot 9 and Portion of Lot 2 in Block 201, as more fully described in the legal
description attached hereto as Exhibit A (the “Parent Property”). Grantor and New York SMSA Limited
Partnership, d/b/a Verizon Wireless, Omnipoint Communications Inc. (d/b/a T-Mobile) and Cellular
Telephone Company, d/b/a AT&T Wireless (collectively, the “Telecom Tenant”) are parties to certain
lease agreements, including all amendments and modifications thereto, cited in Exhibit B and incorporated
by reference herein (the “Telecom Tenant Lease”).
2. Grant of Easement. For the sum of TEN AND NO/100 DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which the parties hereby acknowledge as paid on or about
the Effective Date along with the purchase price pursuant to the settlement statement executed
contemporaneously with this Agreement (“Purchase Price”), Grantor grants and conveys unto Grantee,
its successors and assigns, an exclusive easement (subject to the Telecom Tenant Lease) solely for the
Permitted Use defined herein, together with a non-exclusive access easement for ingress and egress to
and from the exclusive easement, seven days per week, twenty-four hours per day and a non-exclusive
utility easement to install, replace and maintain utilities servicing the exclusive easement, including, but
not limited to the installation of power, telephone utilities, fiber optic service and other cables, wires,
switches, boxes, cabinets and the like as may be required by the Permitted Use (collectively “Easement”
as further described in Exhibit C). Grantor shall permit Grantee, Easement Tenant(s) (as hereinafter
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defined), and any of their affiliates, customers, tenants, subtenants, lessees, sublessees, licensees,
successors and/or assigns together with any of the employees, contractors, consultants, and or agents of
the foregoing to use the Easement for the installation, construction, operation, maintenance, repair,
modification, relocation within the easement area, replacement and removal of improvements and
equipment (“Equipment”) for the facilitation of telecommunications uses, utility energy storage systems
and backup power systems, communications uses, network systems and computing uses, and other related
uses, including, but not limited to, any uses permitted by the Telecom Tenant Lease (“Permitted Use”).
Grantor represents that there is no pending or threatened action that would adversely affect Grantor’s
ability to enter into this Agreement or grant the Easement and that entering into this Agreement will not
violate or conflict with any provision of Grantor’s organizational documents (if Grantor is an
organization) or conflict with the provisions of any agreement to which Grantor is a party. Grantor further
represents and warrants that Grantee shall have peaceful and quiet possession and enjoyment of the
Easement during the term of this Agreement without any disturbance of Grantee’s possession or Permitted
Use hereunder.
3. Term. Commencing on the Effective Date, the term of this Agreement and the Easement shall be for a
perpetual term (the “Term”). Upon notice to Grantor as provided herein, Grantee may surrender the
Easement to Grantor and execute such documents reasonably required to terminate the Agreement and
the Easement. Grantor may not unilaterally terminate the Agreement or Easement, but if the Easement is
not used for the Permitted Use for a period of five (5) years the Easement shall be deemed abandoned and
shall terminate upon Grantor’s notice of such default to Grantee as provided herein. Sections 12 and 13
shall survive expiration or termination of this Agreement and shall remain in effect in perpetuity, subject
to applicable law. At expiration or earlier termination of the Easement by Grantee, or in the event of
abandonment as above described, Grantee shall execute such documents that are reasonably required to
evidence for recording a termination of the Agreement and the Easement and assignment of any thenexisting leases back to Grantor.
4. Assignment of Lease, Renewal and Right of Replacement. Grantor hereby assigns to Grantee all of
Grantor’s right, title and interest in the Telecom Tenant Lease for the Term, including the right to renew
the Telecom Tenant Lease throughout the Term. Except as provided herein, Grantee agrees to assume all
of Grantor’s rights and obligations under the Telecom Tenant Lease. If Telecom Tenant is obligated under
the Telecom Tenant Lease to pay to Grantor any fees (other than base rent and any escalations thereto)
for the purpose of utility service or access or tax reimbursement, Grantor shall continue to be entitled to
such fees, although Grantee may collect and distribute same to Grantor. Grantor shall continue to perform
all obligations of the lessor under the Telecom Tenant Lease which relate strictly to the use, ownership,
and maintenance of the Parent Property so that Grantee may fulfill all the obligations under the Telecom
Tenant Lease without breaching any provision therein, including, but not limited to, Grantor maintaining
the Parent Property in a commercially reasonable condition to allow the Permitted Use of the Easement.
Grantor shall not maintain the equipment or installations of any Easement Tenant (hereinafter defined),
but shall be responsible and liable for the maintenance of the Water Tower (hereinafter defined) in
compliance with any and all applicable laws, statutes, rules and regulations, including but not limited to,
those rules and regulations, promulgated by the FCC and FAA regarding painting, marking and lighting
of the Water Tower. Grantor represents and warrants that it has delivered to Grantee true and correct
copies of the Telecom Tenant Lease and that Grantor owns 100% of the lessor/landlord’s interest in the
Telecom Tenant Lease, including the right to collect all rent thereunder. Grantor represents that there is
no pending or threatened action that would adversely affect the Telecom Tenant Lease, the Permitted Use,
or Grantor’s ability to enter into this Agreement or grant the Easement. To the best of Grantor’s
knowledge, no party to the Telecom Tenant Lease has breached or is in default of their respective
obligations under the Telecom Tenant Lease and no party has requested or discussed a modification
or termination of the Telecom Tenant Lease. If during the Term the Telecom Tenant terminates the
Telecom Tenant Lease or otherwise vacates the Parent Property, Grantee may, subject to advance written
notice to Grantor and prior written approval by the City Engineer, lease all or a portion of the Easement
to a replacement telecommunications tenant (“Replacement Telecom Tenant”) on terms consistent with
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the Telecom Tenant Lease and such Replacement Telecom Tenant shall occupy the Easement rather than
locating on other portions of the Parent Property (“Replacement Telecom Tenant Lease”). For any
Replacement Telecom Tenant, Grantor shall have the right to review and approve any construction plans
for Replacement Telecom Tenant prior to commencement of any construction and such approval shall not
be unreasonably conditioned, delayed or withheld and such approval shall be without further
compensation to Grantor. Approval shall not be deemed given by Grantor where Grantor has failed to
respond within ninety (90) days and, upon such failure, Grantee shall send a second request to Grantor
which states in bold and conspicuous font at the top of such request “PER THE EASEMENT
AGREEMENT, GRANTOR’S FAILURE TO RESPOND TO THIS SECOND REQUEST FOR
APPROVAL WITHIN THIRTY (30) DAYS FROM THE DATE OF RECEIPT SHALL RESULT IN
DEEMED APPROVAL OF THE CONSTRUCTION DRAWINGS” if Grantor fails to approve or
respond within such thirty (30) day period. The terms and conditions of any Replacement Telecom Tenant
Lease shall be consistent with the terminated Telecom Tenant Lease and no Replacement Telecom Tenant
Lease shall include any new or additional obligation of the Grantor and no terms shall be more adverse to
Grantor than the replaced Telecom Tenant Lease. Grantee shall use commercially reasonable enforce the
obligations of each Easement Tenant, as such obligations appears in the applicable Easement Tenant lease,
to be responsible for inspecting, maintaining and repairing, as may be necessary, all assets under owned
by each Easement Tenant and Grantor shall not retain nor accept any responsibility or obligation to
inspect, maintain and/or repair any such assets of any Easement Tenant, and the Grantor shall have no
duty or obligation to protect, secure or safeguard any Easement Tenant assets on the Parent Property
against losses from theft, vandalism or any other perils, and the applicable Easement Tenant shall be
responsible for security and protecting against such acts.
5. Rent Sharing. When a new telecommunications tenant (“Rent Share Tenant”), other than a Replacement
Telecom Tenant, executes a lease for space within the Easement outside the Telecom Tenant or
Replacement Telecom Tenant lease premises and commences rent payment, Grantee will collect such rent
with Grantee retaining fifty percent (50%) of the rent collected and Grantee remitting fifty percent (50%)
of the rent collected to Grantor. Notwithstanding the foregoing, Grantee shall be entitled to collect and
retain rent from all telecommunications tenants within the Easement in an amount equal to the rent
scheduled in the existing Telecom Tenant Lease and any Replacement Telecom Tenant Lease, including
scheduled escalators. Grantee is permitted and authorized to enter into leases with Rent Share Tenants
subject to the requirements for leasing to Replacement Telecom Tenants as set forth in Section 4.
6. Right of First Refusal. Grantor grants to Grantee the right to acquire through assignment, purchase, or
other means any lease or similar conveyance for telecommunications purposes in which Grantor retains
an exclusive interest outside the Easement (to the exclusion of other parties), specifically related to the
Parent Property only and provided that no other party has acquired any such right and or development
rights over any portion of the Parent Property, and which Right of First Refusal shall be subordinate to
and extinguish Grantee’s right to exercise it over the rights of any lien holders related to any existing lien
rights or those hereinafter acquired (“Grantor’s Lease”). Grantor shall deliver to Grantee, a copy of any
offer to purchase an interest in Grantor’s Lease. Grantee shall have thirty (30) business days to match the
terms of any offer by delivering written notice of Grantee’s intent to match the offer. In the event that:
(a) Grantee fails to respond during such 30- day period, or (b) Grantee elects not to acquire such
conveyance during the above 30-day period, then Grantor may sell, assign, or otherwise transfer Grantor’s
rights in Grantor’s Lease in accordance with the terms and conditions set forth in the offer. Upon the
occurrence of (a) or (b) above, this right of first refusal shall be deemed irrevocably waived by Grantee,
shall automatically terminate and such right shall not be revived with respect to the initial offer or any
subsequent offer, irrespective of whether or not the initial offer is consummated. Nothing herein shall
prevent Grantor from discussing, in its sole discretion, an assignment, purchase, or similar conveyance of
any such telecommunications interests with the Grantee subsequent to the termination of this Right of
First Refusal without obligating either party, except as to any written agreement they may enter into as a
result of such discussions.

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7. Grantor Cooperation and Non-interference. Grantor hereby agrees to cooperate with Grantee, Telecom
Tenant, Rent Share Tenant and/or Replacement Telecom Tenant (collectively, “Easement Tenants”) in
obtaining all licenses, permits or authorizations from all applicable governmental, regulatory and/or utility
entities and in acquiring any necessary upgrades to or relocation of utility service to support the Permitted
Use. In furtherance of the foregoing, Grantor hereby appoints Grantee as Grantor's attorney-in-fact to
execute all land use applications, permits, licenses and other approvals on Grantor's behalf in connection
with the Permitted Use. Grantor’s cooperation shall be at no cost to Grantor and, with the exception of
filing fees required for such approvals or applications, without requiring payment of additional rent or
fees by Grantee or Easement Tenants. Grantor shall not interfere with any construction in the Easement
so long as such construction is to support the Permitted Use and is proceeding pursuant to a building
permit, other required municipal or governmental approvals and does not unreasonably and materially
interfere with Grantor’s or its occupants’ use of each Property. Grantor shall not, nor shall Grantor permit
its lessees, licensees, employees, invitees or agents to, use any portion of the Parent Property or the
Easement in a way which materially interferes with the operations of the Easement Tenants who shall
have peaceful and quiet possession and enjoyment of the Easement. Grantor may not directly or indirectly
induce, invite, or conspire to induce or invite any Easement Tenants to use or lease space in direct
competition with the Easement. Notwithstanding anything contained herein to the contrary, no right of
Grantee nor duty of Grantor shall interfere with Grantor’s duty to provide for the health, safety and welfare
of Grantor’s citizens. Grantor shall have 24/7 access to the Water Tower for maintenance and repair which
maintenance and repair Grantor shall use reasonable efforts to coordinate in advance with Grantee and
the Easement Tenants, notwithstanding that the parties acknowledge and understand that emergencies
relating to the operation, maintenance or repair of the City of Rahway’s water system and related
utility/equipment shall not require prior advance notice if Grantor or its designee(s) deem same to be
emergencies requiring immediate response or attention. Grantee shall use commercially reasonable
efforts to enforce each Easement Tenant’s obligation of non-interference and resolution of signal
interference.
8. Assignment. Grantee may pledge, mortgage, grant a security interest, or otherwise encumber its interest
created by this Agreement, so long as any such pledge, mortgage, security interest or otherwise does not
impact or impair Grantor’s rights or Grantor’s use of the Parent Property. Grantee may assign this
Agreement in part or in its entirety, and any or all of its rights hereunder, including the right to receive
rent payments subject to the consent requirements of this section. Grantee and Grantor hereby expressly
agree that Grantee has the right, (i) in its sole discretion and without the prior consent of Grantor, to assign
its interest in this Agreement to any person or entity that controls, is controlled by or is under common
control with Grantee; (ii) with the prior written consent of Grantor, not to be unreasonably

withheld, conditioned or delayed (with such consent deemed given after thirty (30) days after
notice) to assign its interest in this Agreement to any person or entity: (a) with a net worth or
market capitalization comparable to that of Grantee; (b) that is a wireless telecommunications
provider, (c) whose primary business is the operation of telecommunications tower sites or
rooftop antenna sites on a national scale, or (d) that controls, is controlled by or is under common
control with Grantee; and (ii) to assign its interest in this Easement to any other person or entity
with the prior written consent of Grantor, which may be withheld in Grantor’s sole and absolute
discretion. Such assignment requiring Grantor’s consent shall not relieve Grantee of any of its
obligations or responsibilities and Grantee shall remain primarily liable along with the assignee
for the performance of all obligations and responsibilities under this Easement unless and until
Grantor receives an assignment and assumption of Grantee’s obligations hereunder in a
commercially reasonable form. An assignment of this Agreement shall not be deemed a
termination. In no event shall any such assignment result in more than one single legal entity
being responsible and liable to Grantor for adherence to all terms and conditions of this
Agreement, and no assignment shall be contrary to applicable law or any terms or conditions of
Contract No. CORW202602 issued by the Grantor. The assignment shall be to a single entity
assuming all obligations to Grantor under this Agreement.

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9. Taxes and Other Obligations. Except for any taxes relating to the equipment or personal property of any
Easement Tenant, all taxes and other obligations that are or could become liens against the Parent Property
or any subdivision of the Parent Property containing the Easement, whether existing as of the Effective
Date or hereafter created or imposed, shall be paid by Grantor prior to delinquency or default. Grantor
shall be solely responsible for payment of all taxes and assessments now or hereafter levied, assessed or
imposed upon the Parent Property, or imposed in connection with the execution, delivery, performance
or recordation hereof, including without limitation any sales, income, documentary or other transfer taxes.
Grantee shall use commercially reasonable efforts to enforce the tax payment obligations of Easement
Tenants as such may appear under the applicable Easement Tenant lease If Grantor fails to pay when due
any taxes or other obligations affecting the Parent Property, Grantee shall have the right but not the
obligation to pay such and demand payment therefor from Grantor, which payment Grantor shall make
within ten (10) days of such demand by Grantee. Notwithstanding the foregoing, Grantee shall pay all
taxes assessed against any Equipment that Grantee installs on the Parent Property. Notwithstanding the
preceding, in no event shall Grantor be liable for the collection or payment of use or sales tax due from
Grantor, its lessees, subcontractors or other providers for its operations. Grantee, its affiliates, successors,
lessees, subcontractors, suppliers and providers shall collect and remit to the Director, New Jersey
Division of Taxation, any use or sales tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B1, et seq.) on all sales of tangible personal property delivered into the State of New Jersey. Grantee, its
affiliates, successors, lessees, subcontractors, suppliers and providers shall also be responsible for any
taxes and assessments now or hereafter levied, assessed or imposed upon any such entities in connection
with operations and activities related to this Agreement
10. Insurance. During the Term, Grantee shall use commercially reasonable efforts to enforce the Easement
Tenants obligations, as such obligations appear in each Easement Tenant lease, to maintain general
liability insurance as required under their respective lease. Grantor shall maintain any insurance policies
in place on the Parent Property or as required under the Telecom Tenant Lease. Additionally, Grantee
shall procure and maintain in force, at its expense, during the term of this Easement, policies of

insurance and shall cause its contractors and subcontractors to maintain insurance, including
commercial general liability (“CGL”) insurance, issued by a New Jersey Licensed insurer
reasonably acceptable to the Grantor, insuring Grantee and, as named insureds, the Grantor, and
any additional parties that the Grantor may reasonably designate by written notice, providing
coverage in the following amounts:

a. General liability coverage on an occurrence basis with loss specific limits of no less than

$1,000,000.00 per occurrence and $2,000,000.00 in aggregate, expressly including
Bodily Injury, Broad Form Property Damage, Products liability, Owner-Contractors
Liability, and completed operations coverages;

b. Automobile Liability Insurance providing combined single limit (per accident) coverage

of $1,000,000.00;

c. Workers’ Compensation coverage conforming to New Jersey statutory requirements,

including
Employer’s
Liability
Limits
of
no
less
than
$500,000.00/$500,00.00/$500,000.00 (each accident/each employee/policy limit); and

d. Excess/Umbrella Liability coverage, on terms of coverage coextensive with (following the

form of) primary insurance hereunder with limits no less than $1,000,000.00 per
occurrence and in aggregate, such that per occurrence coverage in total of $2,000,000.00
shall be available (using any combination of primary and excess/umbrella coverage
limits, for all coverages provided hereunder, including General Liability, Auto Liability,

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Owner-Contractors Liability, (including completed operations coverages) and
Employer’s Liability Insurance.
e. Any uncured lapse, cancellation, or expiration in any insurance coverage required herein

shall be a default of Grantee’s non-monetary obligations under this Easement. Grantee
shall provide notice to the Grantor in the event Grantee shall receive notice of, or
otherwise become aware of, any action or prospective action, by any insurer adversely
affecting coverage provided hereunder. Prior to entry of the Properties, Grantor shall
provide the Grantor with a certificate of insurance verifying the insurance coverages
provided for herein, and shall: (i) name the Grantor as an additional insured and include
each of the Properties as insured locations, (ii) be on an occurrence basis, (iii) provide
that it shall not be cancelled without thirty (30) days prior written notice to the Grantor,
(iv) be primary and will not seek contribution from any “other insurance” or selfinsurance available to the Grantor, (v) apply before any “other insurance” or selfinsurance that is available to the Grantor, and (vi) be written by a carrier licensed to do
business in New Jersey and reasonably satisfactory to the Grantor.

11. Subordination and Non-Disturbance. Grantee agrees to subordinate this Agreement to any existing or
future mortgage or deed of trust on the Parent Property ("Security Instrument"), provided the beneficiary
or secured party ("Secured Party") under the Security Instrument agrees for itself and its successors in
interest and assigns that Grantee's rights under this Agreement and rights to the Easement shall remain in
full force and effect and shall not be affected or disturbed by the Secured Party in the exercise of Secured
Party's rights under the Security Instrument during the Term, including Grantee's right to collect and
retain, in accordance with the terms of this Agreement, all rents, fees and other payments due from
Easement Tenants. Such non-disturbance agreement must apply whether Secured Party exercises its rights
under the Security Instrument, including foreclosure, sheriff's or trustee's sale under the power of sale
contained in the Security Instrument, and any other transfer, sale or conveyance of Grantor's interest in
the Parent Property under peril of foreclosure, including, without limitation to the generality of the
foregoing, an assignment or sale in lieu of foreclosure.
12. Mutual General Indemnification. Grantor and Grantee shall each indemnify and hold harmless the other
against any and all claims, damages, costs and expenses (including reasonable attorney’s fees and
disbursements) caused by or arising out of the indemnifying party’s breach of this Agreement or the
negligent acts or omissions or willful misconduct on the Parent Property by the indemnifying party or the
employees, agents, or contractors of the indemnifying party. Grantor and Grantee shall further each
indemnify and hold harmless the other against any and all claims, damages, costs and expenses (including
reasonable attorney’s fees and disbursements) caused by or arising out of the indemnifying party’s breach
of its obligations, representations, warranties and duties related to the assets up to the Effective Date
(Grantor’s indemnity to Grantee) and after the Effective Date (Grantee’s indemnity to Grantor).
13. Environmental Representations and Indemnification.

a. Grantor represents and warrants that, to the best of Grantor’s knowledge without a duty to

investigate, no pollutants or other toxic or hazardous substances, as defined under the
Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42
U.S.C. 9601 et seq., or any other federal or state law, including any solid, liquid, gaseous, or
thermal irritant or contaminant, such as smoke, vapor, soot, fumes, acids, alkalis, chemicals or
waste (including materials to be recycled, reconditioned or reclaimed) (collectively, “Hazardous
Substances”) having been discharged, disbursed, released, stored, treated, generated, disposed of,
or allowed to escape or migrate (collectively referred to as the “Release”) on or from the Parent
Property during the period of Grantor’s ownership. Neither Grantor nor Grantee shall introduce
or use any Hazardous Substances on the Parent Property or the Easement in violation of any

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applicable federal, state or local environmental laws and shall promptly notify the other party of
any such occurrences. EXCEPT AS OTHERWISE PROVIDED HEREIN, GRANTOR
HEREBY SPECIFICALLY DISCLAIMS AND GRANTEE ACKNOWLEDGES AND
AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY
NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OF CHARACTER
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST,
PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE
PROPERTY OR REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION OR POLLUTION RULES, REGULATIONS, ORDERS OR REQUIREMENTS,
INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS
MATERIALS. GRANTEE ACKNOWLEDGES IT HAS THE RIGHT TO INSPECT THE
EASEMENT AREA AND RELY SOLELY ON ITS OWN INVESTIGATION AND NOT ON
ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, THERE BEING
NO OBLIGATION ON GRANTOR’S PART TO PROVIDE OR DISCLOSE INFORMATION
OTHER THAN AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
b. Grantor and Grantee each agree to defend, indemnify, and hold harmless the other from and
against any and all administrative and judicial actions and rulings, claims, causes of action,
demands and liability including, but not limited to, damages, costs, expenses, assessments,
penalties, fines, cleanup, remedial, removal or restoration work required by any governmental
authority, losses, judgments and reasonable attorneys’ fees that the indemnified party may suffer
or incur due to the existence or discovery of any Hazardous Substances on the Parent Property
caused by the other party. Grantee shall not be responsible for and shall not defend, indemnify or
hold harmless Grantor for any Release of Hazardous Substances on or before the Effective Date.
14. Dispute Resolution and Notice.
a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property
is located. The parties may enforce this Agreement and their rights under applicable law, and may
seek specific performance, injunction, appointment of a receiver and any other equitable rights
and remedies available under applicable law. Money damages may not be an adequate remedy
for the harm caused to Grantee by a breach or default by Grantor hereunder, and Grantor waives
the posting of a bond. The prevailing party shall be entitled to an award of its reasonable attorneys’
fees and costs. Neither party shall be liable to the other for consequential, indirect, speculative or
punitive damages.
b. The non-defaulting party shall provide written notice of a default under this Agreement, not more
than thirty (30) days from discovery of the default. From the date of such notice, the defaulting
party shall have thirty (30) days to cure the default, unless the default cannot reasonably be cured
within thirty (30) days in which case the defaulting party shall have such additional time as
necessary to cure the default so long as the defaulting party has commenced to cure the default
and is diligently pursuing completion of the cure.
c. All communications shall be delivered by certified mail, return receipt requested or a nationally
recognized overnight courier to the address beneath each party’s signature block or such other
address as advised to the other party pursuant to this Section. Notice shall be deemed given upon
receipt if by certified mail, return receipt requested or one (1) business day following the date of
sending, if sent by nationally recognized overnight courier service or upon attempted delivery if
delivery is refused or if delivery is impossible because of failure to provide reasonable means for
accomplishing delivery. Grantor shall provide Grantee with copies of all written notices or
communications received from any Easement Tenant, or its agents.

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15. Miscellaneous.
a. As between Grantee and the applicable Telecom Tenant, the terms and conditions of the existing
Telecom Tenant Lease shall govern over any conflicting term of this Agreement. Notwithstanding
anything to the contrary contained in this Agreement, Grantor and Grantee acknowledge that this
Agreement is subject and subordinate to the Telecom Tenant Lease.
b. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and the successors and assigns of the parties to this Agreement. It is the intention
of the parties hereto that all of the various rights, obligations, restrictions and easements created
in this Agreement shall run with the Parent Property upon which the Easement is located and be
binding upon all future owners and lessees of the Parent Property and all persons claiming under
them for the Term.
c. Condemnation. In the event of any condemnation of the Easement in whole or in part,

each party shall be entitled to pursue their own separate awards in the condemnation
proceeding. If such condemnation results in Grantee no longer being able to use the
Easement as provided herein, Grantee shall be entitled to receive any condemnation
proceeds attributable to the value of the Easement as determined by the condemning
authority, or in the event of an appeal, a Court of competent jurisdiction.

d. Casualty. Grantor will endeavor to provide written notice to Grantee of any material

casualty affecting the Easement within five (5) business days of Grantor’s actual
awareness of the casualty, provided that Grantor shall have no obligation whatsoever with
respect to any damage on the Easement caused by any casualty not caused by Grantor.
Grantee will provide written notice to Grantor of any material casualty affecting the
Easement within five (5) business days of Grantee’s actual awareness of the casualty. In
the event of any casualty of the Easement in whole or in part, Grantee and Grantor shall
be entitled to pursue their own claims under each party’s own insurance policies.

d. Bankruptcy. Grantee does not consent to rejection in bankruptcy, and Grantor shall provide notice
and a copy of any bankruptcy or related filing to Grantee and Grantee’s Lender.
e. Severability. If any provision contained in this Agreement (or any portion of such provision) shall
be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement (or any portion of any such provision.)
f.

Counterparts. This Agreement may be executed in separate counterparts with each counterpart
deemed an original and all of which together shall constitute a single agreement.

g. Entire Agreement. This Agreement and any documents, certificates, instruments and agreements
referred to herein constitute the entire agreement between Grantor and Grantee. Without limiting
the generality of the foregoing, Grantor acknowledges that it has not received or relied upon any
advice of Grantee or its representatives regarding the merits or tax consequences of this
Agreement.
[Signature pages and exhibits follow]

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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above.
GRANTOR:
CITY OF RAHWAY NJ
_______________________________________________
Grantor Notice Address:
City of Rahway NJ
1 City Hall Plaza
Rahway, NJ 07065

STATE OF NEW JERSEY
COUNTY ______________________

} ss.

On this _____ day of ______________________, 2026, before me, the undersigned notary public, personally
appeared ___________________ and proved to me through satisfactory evidence of identification, which was
personal knowledge/driver’s license/passport/ __________ (circle one), to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated
purpose as ______________ of __________________.
________________________________
Notary Public
My Commission Expires:

{affix notary seal or stamp}

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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above.
GRANTEE:

TPA VIII, LLC

_______________________________________________
Jesse M. Wellner, Chief Executive Officer
Grantee Notice Address:
TPA VIII, LLC
1870 The Exchange SE, Suite 220
PMB 909780
Atlanta, GA 30339-2171
Attn: Chief Executive Officer
With a copy to:
TPA VIII, LLC
3715 Northside Parkway
Building 2, Suite 400
Atlanta, GA 30327
Attn: General Counsel

STATE OF GEORGIA
COUNTY OF FULTON

}}

On this ____ day of __________________, 2026, before me, the undersigned notary public, personally
appeared Jesse M. Wellner, and proved to me through satisfactory evidence of identification, which was
personal knowledge/driver’s license/passport/ ________ (circle one), to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated
purpose as Chief Executive Officer of TPA VIII, LLC.
________________________________
Notary Public
My Commission Expires:

{affix notary seal or stamp}

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EXHIBIT A
LEGAL DESCRIPTION OF THE PARENT PROPERTY

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EXHIBIT B
TELECOM TENANT LEASE

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EXHIBIT C
EASEMENT AREA DESCRIPTION
In the event of a discrepancy between the area actually occupied by the Telecom Tenant’s equipment and the
area described below, the described area shall be understood to also include any portion of the actual used
area not captured by the description or as may have been granted to the Telecom Tenant that is currently
outlined in each Telecom Tenant Lease referenced in Exhibit B. Grantor or Grantee may elect to engage a
professional surveyor, the product of which may be substituted upon the other party’s acceptance for the
contents herein. The part of the Parent Property described in Exhibit A hereto, on which any equipment exists
on the Effective Date together with the portion of the Parent Property on which any equipment exists on the
Effective Date together with the portion of the Parent Property described below:
Water Tower Location
Upon that certain property identified on Exhibit A attached hereto, installed and attached to the land
and property is that certain existing municipal water tower built which is installed on the Parent
Property (“Water Tower”). The Easement area shall include the entire exterior of the water tower.
Ground Equipment
The Easement shall also include that certain existing equipment shelter located adjacent to the Water
Tower.
Expanded Easement Area for Additional Telecommunications Tenant(s)
That certain additional easement area for attachment of antennas to the exterior of the Water Tower along
with equipment ground space measuring the equivalent total not exceeding five hundred (500) square feet in
a location to be determined by the telecommunications tenant(s) collocating on that certain Water Tower
supporting telecommunications equipment described above with such location to be approved by the Grantor
such approval not to be unreasonably withheld, conditioned or delayed, except as otherwise provided herein.
The telecommunications tenant(s) shall provide Grantee with a drawing or plan for collocating on that certain
Water Tower supporting telecommunications equipment described above in accordance with existing lease
terms, including the proposed location and any other related documents, information and materials reasonably
requested by Grantor for its review. Upon review by Grantor of the plans and materials requested, such
location and or collocating may be approved subject to review and approval in writing by Grantor (email shall
suffice), such approval not to be unreasonably withheld or conditioned, or Grantor may request modifications
to the plan for further review and Grantor retains the right to approve or deny such modifications in its sole
and absolute discretion. Approval shall not be deemed given by Grantor where Grantor has failed to respond
within sixty (60) days and, upon such failure, Grantee shall send a second request which states in bold and
conspicuous font at the top of such request “PER THE EASEMENT AGREEMENT, GRANTOR’S
FAILURE TO RESPOND TO THIS SECOND REQUEST FOR APPROVAL WITHIN THIRTY (30) DAYS
FROM THE DATE OF RECEIPT SHALL RESULT IN DEEMED APPROVAL OF THE CONSTRUCTION
DRAWINGS” if Grantor fails to approve or respond within such thirty (30) day period. For avoidance of
doubt, in any instance where Grantor’s consent shall not be unreasonably withheld or conditions, it is hereby
acknowledged and understood that if Grantor determines any such request negatively impacts the City of
Rahway’s water system in any way, or the City of Rahway’s ability to manage, operate, or repair its water
system, that this shall constitute a reasonable ground for denial or imposition of conditions in connection with,
any such request.
No additional easement area is or has been granted, but rather, Grantee must request such additional easement
area as indicated above.
NON-EXCLUSIVE UTILITY EASEMENT and NON-EXCLUSIVE ACCESS EASEMENT SPACE
The part of the Parent Property, described in Exhibit A hereto, on which any equipment exists on the Effective
#1703647v19

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Date together with the portion of the Parent Property used by utility providers and leased by Grantor as the
lease premises under each Telecom Tenant Lease including but not limited as follows:
Utilities and Telecommunications. Grantee is herein granted, consistent with each Telecom Tenant Lease,
a non-exclusive easement in, to, under and over the portions of the Parent Property for ingress and egress to
the Easement, shaft ways, chase ways, soffits, risers, columns, crawl spaces, rafters, or any other space for
placement of cables, wiring, etc., which is necessary to install, operate and maintain the telecommunications
equipment and/or personal property, together with the right to use such easement for the development, repair,
maintenance and removal of utilities and/or cables providing service to the Easement and any related activities
and uses.
Access. Grantee is herein granted, consistent with each Telecom Tenant Lease, all rights of ingress and egress
to and from the Easement, across the Parent Property described in Exhibit A hereto, providing access to a
publicly dedicated roadway, including but not limited to Edgewood Street, along with the right to use such
access easement for the development, repair, maintenance and removal of utilities providing service to the
Easement and any related activities and uses.

#1703647v19

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Exhibit C
Easement
[1711 Edgewood Street continues on next pages.]

#1703647v19

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Exhibit D
Bid Specifications, Terms and Conditions for Contract No. CORW202602

#1703647v19

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RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-207-26

Date of Adoption:

A RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF
AGREEMENT WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
LOCAL UNION NO. 469
WHEREAS, the City of Rahway (“City”) and the International Brotherhood of Teamsters,
Local Union No. 469 (“Union”), are parties to a Collective Negotiations Agreement that expired
on December 31, 2024; and
WHEREAS, the City and the Union engaged in good-faith collective negotiations and
reached a Memorandum of Agreement (“MOU”) establishing the terms and conditions of a
successor collective negotiations agreement, subject to ratification by the Union membership and
approval by the Municipal Council; and
WHEREAS, the MOU provides for a three-year term commencing January 1, 2025, and
ending December 31, 2027, together with annual wage increases of three percent effective January
1 of each contract year; and
WHEREAS, the MOU further provides for amendments to specified contractual
provisions, employee benefits, allowances, classifications, salary guides, and other terms and
conditions of employment, while continuing the provisions of the prior collective negotiations
agreement that are not modified by the MOU; and
WHEREAS, the Municipal Council has reviewed the MOU and determined that its
approval and execution are in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, as follows:
1. The MOU between the City and the Union is hereby approved in the form presented to the
Municipal Council and attached to this Resolution.
2. The Mayor or the Business Administrator is hereby authorized and directed to
execute the MOU on behalf of the City.
3. The appropriate City officials are authorized and directed to take all actions reasonably
necessary to implement the MOU following satisfaction of its ratification requirements.
4. This Resolution shall take effect immediately upon adoption.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-208-26

Date of Adoption:

A RESOLUTION APPOINTING A MEMBER TO THE REDEVELOPMENT AGENCY
NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, hereby makes the following appointment to the
Redevelopment Agency:
Position
Commissioner

Name
Kyle Gustofson

Term
Five-year term expiring December 31, 2030

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No. AR-209-26

Date of Adoption:

A RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT BETWEEN
THE COUNTY OF UNION AND THE CITY OF RAHWAY FOR PRINT SHOP SERVICES
WHEREAS, the County of Union ("County") operates a Print Shop and desires to extend
Print Shop Services to municipalities within Union County as a shared service; and
WHEREAS, the City of Rahway ("City") desires to utilize the County's Print Shop
Services for its municipal needs; and
WHEREAS, the County shall provide Print Shop Services to the City on a per-order basis
in accordance with the terms and conditions of the Shared Services Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Mayor and Municipal Clerk are hereby
authorized to execute the Shared Services Agreement between the City of Rahway and the County
of Union for Print Shop Services, which is annexed hereto and made a part hereof.
BE IT FURTHER RESOLVED that this Agreement shall be filed, for informational
purposes, with the Division of Local Government Services in the Department of Community
Affairs pursuant to N.J.S.A. 40A:65-4(b).

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No. AR-210-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE FILING OF LIENS AGAINST CERTAIN
PROPERTIES TO RECOVER CLEANUP COSTS INCURRED BY THE CITY IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 151-4 OF THE CODE OF
THE CITY OF RAHWAY AND N.J.S.A. 40:48-2.14
OCTOBER 2026
WHEREAS, pursuant to N.J.S.A. 40:48-2.14 and Rahway Code Section 151-4, a code
enforcement officer of a municipality is authorized to serve notices to abate nuisances including,
but not limited to: brush, weeds, ragweed, dead and dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash, and debris; and
WHEREAS, pursuant to N.J.S.A. 40:48-2.14 and Rahway Code Section 151-4, a code
enforcement officer of a municipality is further authorized to direct the removal of such nuisances
from property after notice of abatement is served and the mandatory compliance period has
expired; and
WHEREAS, pursuant to N.J.S.A. 40:48-2.14 and Rahway Code Section 151-4, a code
enforcement officer of a municipality is further authorized to certify the amount of the cost to abate
the nuisances from property; and
WHEREAS, pursuant to N.J.S.A. 40:48-2.14 and Rahway Code Section 151-4, the
amount certified by the code enforcement officer shall become a lien against said properties; and
WHEREAS, the City has, in accordance with the procedures defined above, removed
nuisances from certain premises; and
WHEREAS, the City’s Code Enforcement Officer certifies that the following costs were
incurred in the removal of the nuisances on the following properties:
ADDRESS

BLOCK/LOT

AMOUNT

SERVICE DATE

SEMINARY AVE

166/14

$375.00

4/24/26 6/5/26 & 6/26/26

MADISON/ALBERMARLE

25/15

$500.00

4/24/26, 5/16/26, 6/5/26 & 6/26/26

1293 MAPLE TERR

145/32

$125.00

5/16/26

667 SEMINARY AVE

204/12

$125.00

5/22/26

656 CENTRAL AVE

140/49

$165.00

5/22/26

1694 RUTHERFORD ST

336/11

$140.00

6/14/26

370 PLAINFIELD AVE

25/21

$140.00

6/14/26

1286 ST GEORGES AVE

178/2

$290.00

6/14/26 & 7/18/26

800 JAQUES AVE

96/5.01

$140.00

6/14/26

196 LAFAYETTE ST

324/23

$125.00

6/26/26

1714 STATE HWY RT 1

337/1

$445.00

6/9/26, 6/27/26 & 7/24/26

862 LEESVILLE AVE

292/4

$240.00

6/10/26 & 7/24/26

537 GROVE ST

62/16

$100.00

6/10/26

421 JAQUES AVE

9/5

$190.00

6/27/26 & 7/24/26

1819 ALLEN ST

224/49

$220.00

6/27/26 & 7/24/26

1442 WITHERSPOON ST

349/33

$955.00

6/27/26 & 7/24/26

389 E HAZELWOOD AVE

298/20

$180.00

7/24/26

NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that it hereby authorizes the filing of liens against
the above referenced property, in the amounts certified by the City’s Code Enforcement Officer,
to recover cleanup costs incurred by the City of Rahway in accordance with the provisions of
N.J.S.A. 40:48-2.14 and Rahway Code Section 151-4.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-211-26

Date of Adoption:

A RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH SPATIAL
DATA LOGIC, LLC (GOVPILOT/SDL) FOR ENTERPRISE SOFTWARE LICENSING
AND HOSTING SERVICES
WHEREAS, the City of Rahway has received a proposal from Spatial Data Logic, LLC
(GovPilot/SDL) for enterprise software licensing and hosting services for a three and a half year
term commencing June 30, 2026; and
WHEREAS, the proposal provides for a three and a half year subscription with annual
pricing of $26,631.00 for June 30th- December 31st,2026, $53,262.00 for Year 2027, $55,392.00
for Year 2028, and $57,608.00 for Year 2029; and
WHEREAS, the City desires to authorize the agreement and the expenditure of funds for
the current fiscal year, with expenditures for subsequent fiscal years subject to the availability and
appropriation of funds in the applicable municipal budgets;
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the City is hereby authorized to enter into a
three and a half year agreement with Spatial Data Logic, LLC (GovPilot/SDL) for enterprise
software licensing and hosting services, subject to the terms of the proposal and agreement; and
BE IT FURTHER RESOLVED, that the annual contract amounts are authorized as
follows:
Contract Period

Term

Amount

CY 2026

Six (6) months

Not to exceed $26,631.00

CY 2027

Twelve (12) months

Not to exceed $53,262.00

CY 2028

Twelve (12) months

Not to exceed $55,392.00

CY 2029

Twelve (12) months

Not to exceed $57,608.00

BE IT FURTHER RESOLVED, that the Chief Financial Officer shall certify the
availability of funds for the CY 2026 portion of the agreement, and all amounts attributable to CY
2027, CY 2028, and CY 2029 are expressly subject to inclusion and appropriation in subsequent
municipal budgets; and
BE IT FURTHER RESOLVED, that the Mayor and/or appropriate City officials are
authorized to execute the agreement and any documents necessary to effectuate the purposes of
this Resolution.

City of Rahway
Department of Revenue & Finance
October 5, 2026
Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065

Re:

RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH
SPATIAL DATA LOGIC, LLC (GOVPILOT/SDL) FOR ENTERPRISE
SOFTWARE LICENSING AND HOSTING SERVICES

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund Account 01-201-20-130-190, to cover the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-212-26

Date of Adoption:

A RESOLUTION REQUESTING THE UNION COUNTY COMMUNITY
DEVELOPMENT REVENUE SHARING COMMITTEE TO APPROVE THE
PROPOSALS HEREINAFTER LISTED AND PRIORITIES FOR
YEAR 53 (2027-2028) FUNDING
WHEREAS, the County of Union has provided Community Development Block Grant
Funding from the U.S. Department of Housing and Urban Development since 1974-1975; and
WHEREAS, the City of Rahway has been a participating Union County Community
Development Program municipality; and
WHEREAS, in order to continue to receive program funding, it is now necessary for the
City of Rahway to prepare and submit applications for funding assistance; and
WHEREAS, the City of Rahway has conducted a public hearing on October 5, 2026, in
order to receive project funding requests and recommendations.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the following projects have been selected for
submission to the County of Union for Community Development funding and that the Mayor is
hereby authorized to execute all documentation necessary to complete the formal application for
requested funding
Project
Road Rehabilitation Program
Home Improvement Program
Code Enforcement Program
Senior Public Services Program
Policy and Planning Program

Priority
1
2
3
4
5

BE IT FURTHER RESOLVED that the Union County Community Development
Revenue Sharing Committee be requested to consider and approve the proposals set forth herein,
and that a copy of this resolution be forwarded to the Union County Development Revenue Sharing
Committee.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No. AR-213-26

Date of Adoption

A RESOLUTION AUTHORIZING ADDITIONAL SERVICES WITH T.O. NAJARIAN
ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE DE-SNAGGING OF
THE LOWER REACH OF ORCHARD CREEK FOR THE CITY OF RAHWAY
WHEREAS, the City of Rahway will be undertaking de-snagging work along the lower
reach of Orchard Creek as part of the Stream Maintenance & Flood Mitigation project, including
removal of major obstructions and debris that can be performed under Permit by Rule #6; and
WHEREAS, by Resolution No. AR-15-26 Najarian Associates was pre-qualified to
provide Consulting Engineering services to the City of Rahway; and
WHEREAS, by Resolution No. AR-161-25 Najarian Associates was authorized to
evaluate and prepare bid documents for a de-snagging project of the lower reach of Orchard
Creek within the City of Rahway; and
and

WHEREAS, the City of Rahway is in need of additional services related to the project;

WHEREAS, T.O. Najarian Associates, Inc. ("Najarian Associates") submitted a proposal
dated May 13, 2026 for the requested additional professional engineering services for a total
lump sum not-to-exceed fee in the amount of $15,500.00; and
WHEREAS, attached hereto is the certification of the Chief Financial Officer of the City
of Rahway, which states that legally appropriated funds are available in Account No. 04-215-55697-116 to cover the cost of these additional services.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey:
1) The Mayor and Municipal Clerk of the City of Rahway are hereby authorized
to execute all documents necessary to authorize T.O. Najarian Associates,
Inc., One Industrial Way West, Building D, Suite H, Eatontown, New Jersey
07724, to perform the additional professional engineering services described
in its proposal dated May 13, 2026, in an amount not to exceed $15,500.00,
via Account No. 04-215-55-697-116.
2) A notice in accordance with this Resolution and the Local Public Contracts
Law shall be published in the official newspaper of the City of Rahway as
required by law within ten (10) days of its passage.

3) An executed copy of the agreement and a copy of this Resolution shall be
filed in the office of the Municipal Clerk of the City of Rahway and shall be
available there for public inspection in accordance with law.
4) This Resolution shall take effect immediately or as otherwise provided by law.
5) Attached hereto is the certification of the Chief Financial Officer of the City
of Rahway, which states that there are legally appropriated funds within
Account No. 04-215-55-697-116 ($15,500.00) to cover the cost of these
additional services.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No. AR-214-26

Date of Adoption:

A RESOLUTION AUTHORIZING SUBMISSION OF A NEW JERSEY DEPARTMENT OF
COMMUNITY AFFAIRS GRANT APPLICATION FOR THE PROJECT ENTITLED
“FLOOD CONTROL LEVEE GATE EVALUATION AND REPLACEMENT PROJECT”
FOR THE CITY OF RAHWAY
WHEREAS, the City of Rahway desires to apply for and obtain a grant from the New
Jersey Department of Community Affairs for approximately $500,000.00 to carry out a project to
evaluate and repair or replace seven sluice gates and nineteen tide gates along the levee of the
Rahway River to ensure the functional capability of the drainage system of the levee.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey:
1) That the City of Rahway does hereby authorize the application for such a grant;
and
2) recognizes and accepts that the Department may offer a lesser or greater amount
and therefore, upon receipt of the grant agreement from the New Jersey
Department of Community Affairs, does further authorize the execution of any
such grant agreement; and also, upon receipt of the fully executed agreement from
the Department, does further authorize the expenditure of funds pursuant to the
terms of the agreement between the City of Rahway and the New Jersey
Department of Community Affairs.
BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures
appear below are authorized to sign the application, and that they or their successors in said
titles are authorized to sign the agreement, and any other documents necessary in connection
therewith:
Mayor Raymond A. Giacobbe, Jr.

Business Administrator Matthew Pukavich

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-215-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION
TO THE UNION COUNTY IMPROVEMENT AUTHORITY (UCIA) FOR THE 2026
CAPITAL PROJECT GRANT PROGRAM AND ACKNOWLEDGING THE
STATUTORY COMPLIANCE AND CONDITIONAL REPAYMENT COVENANTS
THEREOF
WHEREAS, the Union County Improvement Authority (UCIA) has established the 2026
Capital Project Grant Program, to stimulate local capital projects of economic, transportation, or
governmental importance to constituent municipalities; and
WHEREAS, the City of Rahway desires to advance a public improvement project known
as the Dock Steet Pump Station Rehabilitation Project, with an estimated total capital cost of
$9,481,000; and
WHEREAS, under the regulations of the UCIA program, funding is structured as a capital
grant that requires all allocated funds to be fully expended within five (5) years of the execution
of the formal grant agreement; and
WHEREAS, to qualify for funding, the City of Rahway certifies that the proposed public
improvement project is an eligible capital project identified and permitted under the New Jersey
Bond Law (N.J.S.A. 40A:2-1 et seq.); and
WHEREAS, the City of Rahway explicitly recognizes that a failure to fully expend the
grant allocation within the mandated five (5) year window will require the enforcement remedy to
be selected and applied in consultation with the County, the UCIA, and municipal representatives
at the conclusion of the 5-year expenditure deadline, which remedy shall consist of either a
complete administrative bar from applying for future County Grants for a period of five (5) years
or a requirement that the unspent balance be repaid to the UCIA by annual appropriations over
five (5) years at a fixed interest rate of two percent (2%) per annum;
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, as follows:
1. Submission Authorization: The Mayor, Business Administrator, and Chief Financial
Officer are hereby authorized and directed to execute and submit the formal 2026
Capital Project Grant Application package to the UCIA for an amount not to exceed
$9,481,000.

2. NJ Bond Law Certification: The Municipality hereby certifies that the scope of work
for City of Rahway aligns with the public capital improvements permitted under the
New Jersey Bond Law (N.J.S.A. 40A:2-1 et seq.).
3. Acceptance of Terms and Enforcement Covenants: In the event an award allocation
is made, the Municipality affirms its intent to complete the project scope and fully
expend the grant funds within the five-year performance window. The Municipality
acknowledges the legal, binding covenant that any remaining unspent balance after five
(5) years shall be subject to a remedy determined in consultation with the County, the
UCIA, and municipal representatives, resulting in either a five (5) year administrative
bar from future County Grant programs or a requirement to repay the balance by annual
appropriations over five (5) years at a fixed interest rate of 2% per annum.
4. Reporting Compliance: The Municipality commits to submitting the mandatory
UCIA Quarterly Progress Worksheet directly to the UCIA Executive Director at
[email protected] as a condition of ongoing fund drawdowns.
5. Certified Copies: A certified copy of this Resolution shall be transmitted directly to
Dr. Bibi Taylor, Executive Director of the Union County Improvement Authority, with
the formal application package prior to the October 1, 2026 deadline.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-216-26

Date of Adoption:

A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE PROJECT
ENTITLED “EAST CHERRY STREET POCKET PARK” FOR THE CITY OF
RAHWAY TO GREEN VALLEY GROUP, INC.
WHEREAS, bids were advertised and received in the manner required by law; and
WHEREAS, there were six (6) bids received with the low bidder for the project being
Green Valley Group, Inc.; and
WHEREAS, the City’s consultant engineer, USA Architects, Planners and Interior
Designers, Ltd., reviewed the bid and recommended award of same in a letter dated September 24,
2026; and
NOW, THEREFORE, BE IT RESOLVED, by Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that in conformance with the specifications, Green
Valley Group, Inc., 180 Convent Road, Nanuet, NY 10954, has submitted the lowest bid price and
is the lowest responsible bidder, and a contract is hereby awarded to Green Valley Group, Inc.
consisting of the following bid breakdown:
Base Bid: $487,000.00
BE IT FURTHER RESOLVED, that the following bid be and is hereby accepted:
BID OF:

Green Valley Group, Inc.
180 Convent Road
Nanuet, NY 10954

FOR:

EAST CHERRY STREET POCKET PARK

AMOUNT:

$487,000.00

The Chief Financial Officer of City of Rahway certifies that there are legally appropriated
sufficient funds within the General Capital Fund Account 04-215-55-726-105 to cover the cost
of this contract.

City of Rahway
Department of Revenue & Finance
Octobre 5, 2026
Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065
Re:

A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE
PROJECT ENTITLED “EAST CHERRY STREET POCKET PARK” FOR THE
CITY OF RAHWAY TO GREEN VALLEY GROUP, INC.

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the General Capital
Fund Accounts 04-215-55-726-105, to cover the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

September 24, 2026

Daniel C. Lee, PE, CME
Department Director | City Engineer
Department of Engineering & Land Use
City of Rahway
1 City Hall Plaza, Rahway, NJ 07065

Re:

Site Improvements at Cherry Street Park
City of Rahway, Union County, New Jersey
Project No. 111-034
USA Architects Project No. 2026.0030.01

Dear Mr. Lee:
As you are aware, bids were solicited by the City of Rahway for the above-referenced project and
were received until September 23, 2026, at 9 AM by the Department of Finance, located at 1 City
Hall Plaza, Rahway, NJ 07065. Bids were then opened and read virtually via Microsoft Teams on
September 23, 2026, at 10 AM.
Six (6) bids were received, and it is our recommendation that the City of Rahway award the contract
for construction to the apparent low bidder:
Green Valley Group, Inc.
110 West Crooked Hill Road
Pearl River, NY 10965
845-501-7145
Base Bid and Total Recommended award:

$487,000.00

Prior to the award of any work, our firm strongly recommends that the City of Rahway have its own
legal counsel review the bid proposal and related documentation for compliance with any legal
requirements. Please advise our office what action the City takes on this matter so that we may
proceed accordingly.
If you have any questions or concerns, please do not hesitate to contact our office.
Respectfully submitted,

Susan M. DeHart, AIA
Principal | Senior Project Manager
20 N. Doughty Avenue
Somerville, NJ 08876
t 908.722.2300
f 908.722.7201
usaarchitects.com

C: File

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-217-26

Date of Adoption:

A RESOLUTION TO ACCEPT THE 2026 HAZARD MITIGATION PLAN (“HMP”)
ANNUAL PROGRESS REPORT
WHEREAS, the City of Rahway currently participates in the Community Rating System
(CRS) program that provides the opportunity for the citizens of Rahway to purchase flood
insurance policies with significantly reduced premiums; and
WHEREAS, among several other requirements, participation in the CRS program
requires review of the latest County Hazard Mitigation Plan (HMP) and a report on progress of
same for work within the City of Rahway via an HMP Annual Progress Report; and
WHEREAS, Najarian Associates, as the City’s Flood Plain Administrator, performed the
review of the County HMP and prepared the attached 2026 HMP Annual Progress Report and
recommends acceptance of same by the Mayor and Municipal Council of the City of Rahway;
and
WHEREAS, the Municipal Engineer has reviewed the report prepared by Najarian
Associates and concurs with their findings; and
WHEREAS, the Municipal Engineer recommends that the Mayor and Municipal Council
of the City of Rahway accept the 2026 HMP Annual Progress Report.
Attached hereto is a copy of the 2026 HMP Annual Progress Report referenced in the above
resolution language.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the 2026 Hazard Mitigation Plan Annual
Progress Report be accepted as prepared based on the recommendation of the Municipal Engineer.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-218-26

Date of Adoption:

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE NEW JERSEY
MEDICAL SCHOOL GLOBAL TUBERCULOSIS INSTITUTE AT RUTGERS
BIOMEDICAL AND HEALTH SCIENCES (RBHS) FROM 1/1/2026 – 12/31/26
WHEREAS, in 2007 the New Jersey Department of Health and Senior Services
discontinued funding the Union County Tuberculosis and Sexually Transmitted Disease
Clinics; and
WHEREAS, the City of Rahway requires the services of a Tuberculosis and Sexually
Transmitted Disease Clinic, and
WHEREAS, the Union County Health Officers Association has negotiated an
Agreement with the New Jersey Medical School Global Tuberculosis Institute at Rutgers
Biomedical and Health Sciences (RBHS) for the diagnosis, treatment, and monitoring of active
cases, and
WHEREAS, the City’s Health Officer recommends acceptance of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Mayor, or the Business Administrator
as his designee, and the Municipal Clerk are hereby authorized to enter into an agreement with
The New Jersey Medical School Global Tuberculosis Institute at Rutgers Biomedical and
Health Sciences (RBHS) for the period of January 1, 2026, through December 31, 2026, in an
amount not to exceed $5,444.32, [$4,734.20 (fee) + $710.12 (15% administrative fee)].

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AGREEMENT
BETWEEN
CITY OF RAHWAY HEALTH DEPARTMENT
AND
RUTGERS NEW JERSEY MEDICAL SCHOOL GLOBAL TUBERCULOSIS INSTITUTE,

an unincorporated constituent unit within the RUTGERS BIOMEDICAL AND HEALTH
SCIENCES organizational unit at RUTGERS, THE STATE UNIVERSITY OF NEW
JERSEY
This Agreement (“Agreement”) entered into this day ___________, 2026, by and
between: the City of Rahway (the “City”) through the City’s Health Department; and the
Global Tuberculosis Institute, an incorporated constituent unit within the Rutgers Biomedical
and Health Services organization unit at Rutgers, the State University of New Jersey
(collectively the “University”). Each signatory to this Agreement may be referred to as a “Party,”
and collectively as “Parties.”
1.
WHEREAS the New Jersey Department of Health (the “DOH”) is responsible
for routinely monitoring the quality of care provided by all its health service grant recipients,
such assessment and continuous improvement practices ensure the utmost quality of care for the
residents of any health jurisdiction seeking services under an Agreement, including an
Agreement, with the University and
2.
WHEREAS the City has responsibility, but not the capacity for providing the
tuberculosis (“TB”) health services specified in this Agreement and the authority to contract for
these TB health services in such a case under N.J.A.C. Chapter 52, Public Health Practice
Standards for Local Boards of Health in New Jersey and
3.
WHEREAS the City finds it in the public interest to seek the highest possible
quality of care for its residents with active disease and at highest risk for undiagnosed active
disease at the lowest possible cost, it is entering into this Agreement to continue the
comprehensive tuberculosis services with the University.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I.

Obligations and Rights of the City
A.

City Obligations
All of the requirements of this section apply to the City:

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1.
The City shall provide funding to the University in an amount not to exceed
$5,444.32 ($4,734.20 plus 15% $710.12 administrative fee) as payment for the TB health
services set forth herein. Payment is contingent upon the satisfactory delivery of TB health
services as described herein in this Agreement, Section III (A) “Service Provider Obligations.”
Payment obligations, as well as reporting and monitoring requirements, and other special
conditions to this Agreement, are contained in Attachment A, which is hereby incorporated
herewith by reference. Payments shall be made in accordance with the provisions of Attachment
A, Section I. Payments will be made for approved budget costs, contained in the Cost Proposal,
Attachment B, which is hereby incorporated into this Agreement by reference.
2.
The City shall monitor the progress of this project to ensure that TB health services
are being provided in accordance with Section III (A), which establishes the work products that
must be completed in order for funds to be provided. All financial, performance, and Agreement
monitoring requirements are contained in Attachment A, Sections II, III, and IV.
3.

This section establishes all other obligations of the City:

a)
Provide Health Officer and the Director of Health & Welfare orders for
examination, directly observed therapy, or exclusion from school or the workplace and
application in the Superior Court of New Jersey for an Order of Commitment, including
soliciting the assistance of local law enforcement as allowed under N.J.A.C. Chapter 57-5.5, 5.6,
5.7, 5.12, 5.15 as requested and/or required by the University to assist in the management of nonadherent TB patients, and
b)
Assist as necessary in gaining access to worksites and schools within the coverage
area of the City (hereafter referred to as the “Local Health Jurisdiction”) for the purpose of
assessments related to contact identification, evaluation, and education.
4.
In addition to the above, the City is required to abide by all general requirements
contained in Sections IV and V of this Agreement.
B.

City’s Rights

All of the rights outlined in this section are applicable to the City.
1.

Other Rights of the City:

a)
Receipt of timely feedback from University regarding the TB cases, suspected TB
cases and associated contacts. This feedback will be in the form of a TB-70 (TB Case, Suspect
and Status Report) and associated TB-41 (Record of Contact Interview) for residents of the Local
Health Jurisdiction.
b)
Receipt of a quarterly activity report from the University that clearly documents
the percentage of overall visits by residents of the Local Health Jurisdiction.
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Memorandum of Agreement – Global TB Institute

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II.

Obligations and Rights of the University
A.

University’s Obligations
All of the requirements of this section apply to the University:

1.
The University shall provide TB services in accordance with Section III (A) 4,
which establishes the TB service deliverables that the University must perform. The University
will adhere to the budget requirements as detailed in the approved cost proposal and as contained
in Attachment B.
2.
The University shall be required to submit activity reports and invoices in
accordance with the requirements of Attachment A.
3.

The University shall be required to maintain all records for a period of seven (7)

years.
4.
TB Services to be provided. In exchange for funding provided by the City indicated
in Section II (A), the University agrees to provide the following TB health services:
a)
Appropriate medical management for the diagnosis, treatment and monitoring of
TB cases and suspected TB cases, their associated contacts and Class B1 and B2 referrals from
the CDC-DGMQ per the Standards of Care for Tuberculosis Disease and Latent TB Infection).
b)
Appropriate care team management (nurse care manager, nurse care coordinator,
public health representative) to include, but not limited to the following:
1.

Development of an individual care plan based upon patient
assessment and the medical plan of care,

2.

Routinely review all medical records of patients under case
management and intervention as necessary to promote adherence to
the care plan,

3.

Serve as liaison between the patient, physician and clinic,

4.

Be accountable for patient adherence to the prescribed TB treatment
regimen until completion,

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Memorandum of Agreement – Global TB Institute

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5.

Collaborate with other health care providers (public and private) and
intervene as necessary to ensure adherence to the Standards of Care
for Tuberculosis Disease and Latent TB Infection

6.

Collaborate with the patient and available community resources to
meet patient needs and remove barriers to care and/or adherence to
prescribed treatment and/or clinical assessment,

7.

Collaborate with the New Jersey-State Tuberculosis program to
secure support for housing for homeless TB cases and suspected TB
cases and other incentives and/or enablers to increase the likelihood
of successful treatment outcomes,

8.

Assign and monitor field staff activities and assessment and
improvement of staff’s techniques and skills as deemed necessary,

9.

Serve as the City's point of contact for any patient management issues
under this Agreement,

10. Completion or review, revision and submission of TB-70 (TB Case,
Suspect and Status Report) and TB-41 (Record of Contact Interview)
to both the DOH and the City pursuant to this Agreement,
11. Compilation and submission of quarterly activity reports to the
funding source of this Agreement,
12. Provision of patient education.
c)

Field services to include, but not limited to the following:
1.

Directly Observed Therapy (“DOT”) as prescribed by the health care
provider,

2.

Case interviews for the purpose of contact identification,

3.

Lost and delinquent investigations,

4.

Location and referral for evaluation of identified contacts to
infectious or potentially infectious TB disease and Class B1 and B2
referrals from CDC-DGMQ,

5.

Provision of patient transportation as necessary,

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Memorandum of Agreement – Global TB Institute

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d)
following:

6.

Worksite and school site assessments to identify associated contacts
as necessary,

7.

Education of concerned co-workers and parents of school-aged
children in association with worksite or school contact investigations,

8.

Active surveillance in local hospitals to improve reporting times,

9.

Address verification prior to hospital discharge to facilitate continuity
of care and case management in the community.

Other diagnostic, treatment, and/or monitoring services as required including the
1.

Mantoux tuberculin skin and/or interferon gamma release assay
testing

2.

Chest radiographs and reading by a licensed radiologist,

3.

Sputum collection and/or induction,

4.

Laboratory monitoring for adverse reactions as required or ordered by
physician,

5.

Routine monitoring for side effects to anti-TB medications,

6.

First and second-line drug susceptibility testing,

7.

Therapeutic drug monitoring (if necessary).

5.
In addition to the above, the University is required to abide by all general
requirements contained in Sections IV and V of this Agreement.
B.

The University’s Rights
All of the rights of this section apply to the University:

1.
Provision from the City’s local health officer of health officer clear, concise, and
correct written orders for TB services examination, directly observed therapy or exclusion from
school or the workplace and application in the Superior Court of New Jersey for an Order of
Commitment, including soliciting the assistance of local law enforcement officials as allowed by
N.J.A.C. Chapter 57-5.5, 5.6, 5.7, 5.12, 5.15 as requested and/or required by the University to
assist in the management of non-adherent TB patients.
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Memorandum of Agreement – Global TB Institute

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2.
Assistance from the local health office of the City as necessary in gaining access to
worksites and schools within the Local Health Jurisdiction for the purpose of assessments related
to contact identification, evaluation, and education.
3.
Payment as agreed upon in this Agreement is due within thirty (30) days of the
date of an invoice submitted by the City.
III.

General Provisions
A.

Mandatory General Provisions

1.
During the term of this Agreement , both parties shall comply with all federal, state,
and municipal laws, rules and regulations generally applicable to the activities performed pursuant
to this Agreement.
2.
The award of funds is based on the University’s submission, and the City’s
acceptance, of the Cost Proposal for TB health services, which is incorporated herewith by
reference to this Agreement.
3.
Each Party shall maintain accurate books and records of all disbursements, funds
received, funds spent and funds available as a result of this Agreement.
4.
Each of the Parties is an independent entity and neither Party shall hold itself out
as an agent, partner, or representative of the other.
5.
Failure by either Party to exercise any right or demand performance of any
obligation under this Agreement shall not be deemed a waiver of such right or obligation.
6.
If any of the provisions of this Agreement are, or become invalid to any extent, the
other provisions of this Agreement shall not be affected thereby. In the event of the invalidity of
a provision, the Parties agree to accept a provision which reflects as closely as possible the
intention of the invalid provision.
7.
the Parties.

This Agreement may not be assigned without the prior written consent of either of

8.
Each Party agrees to assume responsibility for any and all claims, demands, actions,
settlements, or judgments involving either intentional or unintentional conduct, other than
intentional malicious criminal wrongdoings, based upon or arising out of the activities described
in this Agreement , to the extent that such claims, demands, actions, settlements, or judgments are
occasioned by the sole negligence, actions, or omissions of each party, its officers, trustees, faculty,
students, or employees. Any claims, demands, actions, settlements, or judgments brought or made
against University, or its officers, trustees, faculty, students or employees shall be governed by
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Memorandum of Agreement – Global TB Institute

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and pursuant to the laws of the State of New Jersey including but not limited to N.J.S.A. 59:1-1 et
seq., The State of New Jersey Tort Claims Act.
9.
The City represents and warrants that it has a sufficient insurance program (on
either an indemnity or self-insured basis) to fully perform its responsibilities here under. The
Parties agree that such coverage shall be in an amount not less than $1,000,000 per occurrence and
$3,000,000 in the aggregate annually.
10.
The University shall provide for general and professional liability coverage for
insuring the University, its officers, trustees, faculty and employees, performing its sole
obligations under this Agreement, through a Program of Self-Insurance, providing limits of
coverage of not less than $1,000,000 per claim and $3,000,000 in the aggregate annually on an
occurrence basis, pursuant to and governed by the State of New Jersey Tort Claims Act, N.J.S.A.
59:1-1, et seq. Nothing stated in this section 8 shall be construed to imply indemnification of any
party by the University.
11.

The laws of the State of New Jersey govern this Agreement.

12.

This Agreement may be modified in accordance with the provisions of Attachment

B.

Optional General Provisions

A III.

Not
Applicable Applicable
The City reserves a royalty-free, nonexclusive, and irrevocable
☐
☒
license to reproduce, publish or otherwise use, and to authorize
others to use, the copyright in any work developed under the
Agreement.

IV.

☒

☐

The Parties agree that all data resulting from this Agreement are to be
considered confidential and shall be solely used for the purposes as
outlined above. All Parties are required to use reasonable care to
protect the confidentiality of the data.

☐

☒

Any research resulting from this Agreement which is subject to the
Institutional Review Boards of either of the Parties shall be
confidential. Each party is responsible for adhering to the rules of the
Institutional Review Board which are hereby incorporated by
reference.

Terms and Termination
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A.
Subject to any rights of termination hereinafter set forth, this Agreement shall be
deemed effective as of January 1, 2026, and shall remain valid through December 31, 2026.
B.
This Agreement may be terminated by either Party with or without cause upon
thirty (30) days' advance written notice.
C.
Notice of termination shall be delivered via U.S. mail, return receipt requested, and
shall be effective thirty (30) days following receipt. Notice shall be sent to the appropriate contact
person identified at Section VI.
D.
Upon the issuance of notice of termination by the City or, automatic termination
under Section V (B), upon receipt of the City’s notice of termination, all unexpended funds
appropriated by the City to the University, in any account whatsoever shall be immediately
returned to the City through the contact person identified at Section VI without any further
assessment or expenditure except as specifically approved by the City in writing.
V.

Principal Contacts
The principal contacts for all notifications required or otherwise necessary under this
Agreement shall be as follows:
For the City:
Health Officer
Andrea Alvare
For the University, Rutgers Biomedical and Health Sciences
Program Officer
Marco Salerno
Deputy Director, NJMS Global Tuberculosis Institute

VI.

Legal Compliance.

In the performance of their obligations under this Agreement , the Parties will comply with
all applicable laws and regulations. Without limiting the generality of the foregoing, the Parties
will observe and comply with the following provisions relating to the federal anti-kickback statute,
set forth at 42 U.S.C. § 1320a-7(b) (“Anti-Kickback Statute”), and the federal prohibition against
physician self-referrals, set forth at 42 U.S.C. § 1395nn (“Stark Law”).
(a) In no event will any payments, grants or other funding be based unlawfully, directly, or
indirectly, on the volume or value of referrals or other business generated between the Parties.
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(b) Notwithstanding anything to the contrary herein, all payments associated with this
Agreement are intended to comply with the requirements of applicable New Jersey state laws,
such as the Codey Law, N.J.S.A. § 45:9-22.4 et seq. (as it may be amended from time to time) and
the regulations promulgated thereunder.
(c) Each Party represents and warrants that it will not violate the Anti-Kickback Statute or
the Stark Law, with respect to the performance of its obligations under this Agreement.
(d) To the extent that the compliance office of a Party to this Agreement receives a report
or otherwise has knowledge that an employee of the other Party has or probably has violated the
Anti-Kickback Statute, the Stark Law or the Federal False Claims Act with respect to the
performance of its obligations under this Agreement, and the Party believes such information to
be reasonably credible, such Party will report the probable violation to the compliance office of
the other Party.
VII.

Miscellaneous.

A.

Independent Contractor.

None of the provisions of this Agreement are intended to create nor shall be deemed
or construed to create any relationship between the Parties other than that of independent entities
contracting with each other solely for the purposes of effecting the provisions of this Agreement.
Neither of the Parties, nor any of their respective officers, trustees, governors, directors, or
employees, shall be construed to be the agent, employee, or the representative of the other.
B.

Entire Agreement.

The Parties agree that they are not relying upon any promises, understandings,
warranties, circumstances, conduct, negotiations, expectations, representations, or agreements,
oral or written, express or implied, other than those expressly set forth herein; that this Agreement
is a complete integration and constitutes the entire Agreement of the Parties with respect to the
subject matter hereof; that no amendments or other modifications of this Agreement shall be valid
unless in writing and signed by an authorized officer of each Party hereto; that this entire
Agreement has been bargained for and negotiated; and the Parties have read, understood, and
approved this Agreement in its entirety.
C.

Resolution of Disputes.

All claims or disputes between the Parties arising out of or relating to this Agreement shall be
mutually resolved, if possible, through good faith negotiation between the Parties. The Parties agree that
if any claim or dispute is not resolved by mutual agreement within sixty (60) days of the commencement
of such good faith negotiations they will, prior to initiating any legal action, engage a mutually acceptable

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Memorandum of Agreement – Global TB Institute

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non-binding mediator to assist in evaluating and resolving such claim or dispute. All fees and expenses of
such mediator will be evenly divided between the Parties.

D.

Limitation of Liability; No Indemnification.

1.
Regardless of whether any remedy set forth herein fails of its essential purpose, in
no event shall either Party be liable to the other in contract, tort, warranty or any other cause of
action of any nature for any indirect, special, incidental, punitive, consequential or reliance loss,
damage or expense, including, without limitation, lost profits, loss of use, or loss of revenues,
whether or not either Party was advised, should have known, or was aware of the possibility of
such loss, damage, or expense arising out of or in connection with any act or omission of such
Party relating to the subject matter of this Agreement, including, without limitation, the Services,
or any part thereof, even if caused by the sole or concurrent or active or passive negligence, strict
liability or other legal fault of a Party.
2.
Each Party shall be responsible for all of its own actions, claims, demands, losses,
damages, liabilities, lawsuits, judgments, awards, costs, and expenses arising out of and to the
extent of its negligent acts or omissions or performance or failure to perform under this Agreement.
Notwithstanding the foregoing, nothing stated in this Agreement, express or implied, is intended
to or will be construed to require contractual indemnification of a Party by the other Party.
E.

Severability.

If any provisions of this Agreement or the application thereof to any person or circumstance
shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application
of such provisions to other persons or circumstances shall not be affected thereby and shall be
enforced to the greatest extent permitted by law.
F.

Assignment.

Except as otherwise provided in this Agreement, the Parties may not assign their rights,
duties, or obligations under this Agreement, either in whole or in part, without receiving the prior
written consent of the other Party. Any assignment made without consent of the other Party shall
be null and void and the non-assigning Party shall not recognize any such assignment.
G.

Non-Waiver.

Except where the exercise of a right is dependent upon action taken within a particular
period required by this Agreement, no consent or waiver, express or implied, by any Party to or of
any breach or default by another Party in the performance by the other Party of its obligations
hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or
default in the performance by such other Party of the same or any other obligations of such Party
hereunder. Any such waiver shall be effective only if in writing.
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H.

Non-Discrimination.

There shall be no discrimination against any individual engaged in the work required to
produce the Services covered by this Agreement, or against any applicant for employment, because
of race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), marital
status, domestic partnership or civil union status, affectional or sexual orientation, gender identity
or expression, atypical hereditary cellular or blood trait, genetic information, liability for military
service, or mental or physical disability, including AIDS and HIV related illnesses or their
belonging to any category now or later protected by law. This provision shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training including apprenticeship.
I.

Force Majeure.

Neither Party shall be deemed in default or otherwise liable for any delay in or failure of
its performance under this Agreement (other than payment obligations) by reason of any act of
God, fire, natural disaster, pandemic, riot, act of government, act of terrorism, strike or labor
dispute, shortage of materials or supplies, failure of transportation or communication, or any other
cause beyond the reasonable control of such party. Performance times shall be considered
extended for the period of time equivalent to the time lost because of such delay.
J.

Non-Collusion.

Both Parties represent that no fee, commission, compensation, gift, or gratuity was paid or
received regarding the solicitation of this Agreement, in contravention to N.J.S.A. 52:13D-13 et
seq. (the New Jersey Conflicts of Interest Law).
K.

Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument. Any
counterpart signature page delivered by electronic, fax, or email transmission shall be deemed to
be and have the same force and effect as an originally executed signature page.
L.

Insertion.

It is the intent and understanding of the parties to this Agreement that each and every
provision of law and clause required by law to be inserted in this Agreement shall be and is deemed
inserted herein. Furthermore, it is hereby stipulated that every provision is deemed to be inserted
herein, and if through a mistake or otherwise, any such provision is not inserted or is not inserted
in the correct form, then this Agreement shall forthwith, upon application of either Party, be
amended by such insertion so as to comply strictly with the law and without prejudice to the rights
of either Party.
11
NJMS – City of Rahway – CY2026 RBHS-05094
Memorandum of Agreement – Global TB Institute

Docusign Envelope ID: C4B62F7A-E642-8B41-8351-105C380079D4

M.

Prior Agreements.

This Agreement contains all prior written and oral agreements and communications
between the Parties that relate in any way to the subject matter of this Agreement.
N.

No Third-Party Beneficiaries.

This Agreement shall not confer any rights or remedies upon any third party (including,
but not limited to patients, clients of Client, or participants in the Program), other than the Parties
to this Agreement and their respective successors and permitted assigns.
VIII.

Signatures.

We, the undersigned, consent to the contents of this Agreement.
CITY OF RAHWAY HEALTH
DEPARTMENT:

RUTGERS, THE STATE UNIVERSITY OF
NEW JERSEY
NEW JERSEY MEDICAL SCHOOL:

Signature:
Name: Matthew Pukavick
Title: Business Administrator

Signature:
Robert L. Johnson, MD, FAAP
Dean, New Jersey Medical School
8/12/2026 | 11:14:18 EDT

Date: ______________________

Date: ______________________

RUTGERS BIOMEDICAL AND HEALTH
SCIENCES
Signature:
Kathleen Bramwell
Senior Vice Chancellor
Finance and Administration
8/12/2026 | 12:06:43 PDT

Date: ______________________

12
NJMS – City of Rahway – CY2026 RBHS-05094
Memorandum of Agreement – Global TB Institute

Docusign Envelope ID: C4B62F7A-E642-8B41-8351-105C380079D4

ATTACHMENT A
Rates Effective 1/1/2026
“Diagnosis, Treatment, Monitoring, Nurse Case Management and Field Services for
Residents of the Local Health Jurisdiction with Confirmed or Suspected Tuberculosis cases, their
Associated Contacts and Class B1 and B2 Referrals from the CDC-DGMQ”
I.

Method of Payment
Cost reimbursement payments shall be made and submitted to:
NJMS Global Tuberculosis Institute
ATTN: Marco Salerno, Deputy Director
Rutgers, The State University of New Jersey
225 Warren Street, 2nd Floor, East Wing
Newark, New Jersey 07103
On the following basis:



Monthly
Quarterly

X

Lump Sum

X

Based on submission of the following (Please describe below)
Lump Sum invoice reflecting annual fixed-fee based upon service utilization due
within 45 days of invoice date.

II.

Financial and Performance Reporting and Agreement Monitoring
(Circle, check and complete as applicable)
A.

Expenditure reports are not required.

B.

Performance reports are required.
Performance reports shall be in the form of an activity report as specified below
and shall be submitted
Monthly

X Quarterly

Final

Other reporting period.

Quarterly Activity Report specifying total clinical visits, DOT visits and field
investigations for residents of the municipality. This report will also include the
percentage of total visits by municipality residents.
13
NJMS – City of Rahway – CY2026 RBHS-05094
Memorandum of Agreement – Global TB Institute

Docusign Envelope ID: C4B62F7A-E642-8B41-8351-105C380079D4

C.

Other Financial, Reporting or Monitoring Requirements
1.

Particular forms listed below are required to be utilized.
TB-70 (TB Case, Suspect and Status Report)
TB-41 (Record of Contact Interview)

III.

Modifications to the Agreement
This document represents the entire Agreement between the parties and shall not be
amended except by the express written consent of both parties.

IV.

Special Conditions (as applicable)
This Agreement has no special conditions.

V.

Multi-Year Agreements
This Agreement is not a multi-year Agreement.

14
NJMS – City of Rahway – CY2026 RBHS-05094
Memorandum of Agreement – Global TB Institute

Docusign Envelope ID: C4B62F7A-E642-8B41-8351-105C380079D4

ATTACHMENT B

Attachment B is hereby incorporated into this Agreement and provides a description of the fee
proposal between the municipalities of the County of Union and the New Jersey Medical School Global
Tuberculosis Institute at Rutgers, The State University of New Jersey.
The fee was calculated based on the following agreed terms:
1) The cost is based on personnel costs (.20 Nurse Care Manager, 1 Nurse Care
Coordinator, and 1 Public Health Representative) required to deliver TB prevention
and control services.
2) Each municipality would be assessed with a minimum base fee of $2,000
3) Municipalities utilizing services in excess of $2,000 will be assessed
proportionate to their utilization.
4) An administrative fee of 15% will be applied to each invoice.
The assessment of utilization is based on TB prevention and control visits by patients residing in the
Union County municipalities. Utilization is based on the average percentage of total visits per
e a c h municipality based on the previous three (3) fiscal years. Updates to the annual fee will be put
forth in writing prior to the start of each calendar year.

15
NJMS – City of Rahway – CY2026 RBHS-05094
Memorandum of Agreement – Global TB Institute

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-219-26

Date of Adoption:

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF
PLAINFIELD HEALTH DEPARTMENT TO PROVIDE THE CITY OF RAHWAY
HEALTH DEPARTMENT REIMBURSEMENT FOR CHILDHOOD LEAD SERVICES
WHEREAS, the City of Rahway is required by Public Health Practice Standards to
provide services and response to childhood lead cases within the jurisdiction to comply with state
statutes and laws, and municipal ordinances; and
WHEREAS, the City of Rahway and the City of Plainfield Health Department agree to
provide the City of Rahway Health Department with reimbursement for childhood lead services
pursuant to New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, local health departments are expected to provide community services,
whether directly or through public health partnerships with outside agencies; and
WHEREAS, the City of Rahway Health Department and the City of Plainfield Health
Department agree to enter into an agreement whereby the City of Plainfield provides
reimbursement for childhood lead investigation Services to the City of Rahway up to $25,636.00
for the period of one year commencing July 1, 2026, and terminating June 30, 2027; and
WHEREAS, under the agreement, the City of Rahway will receive a yearly sum up to
$25,636.00 from the City of Plainfield;
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that it hereby approves of entering into an
agreement with the City of Plainfield Health Department for the period of July 1, 2026, and
terminating June 30, 2027, for an amount not to exceed $25,636.00
The Chief Financial Officer of the City of Rahway certifies that there are legally
appropriated sufficient funds within the Current Fund Account 01-201-27-330-160, to cover the
cost of this contract. This certification is required on all contracts as per regulations of the Director
of Local Government Services.

City of Rahway
Department of Revenue & Finance
Octobre 5, 2026
Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065
Re:

RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF
PLAINFIELD HEALTH DEPARTMENT TO PROVIDE THE CITY OF
RAHWAY HEALTH DEPARTMENT REIMBURSEMENT FOR CHILDHOOD
LEAD SERVICES

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund
Account 01-201-27-330-160, to cover the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

CITY OF PLAINFIELD
DIVISION OF HEALTH
510 WATCHUNG AVENUE
CITY HALL ANNEX – 2ND FLOOR
PLAINFIELD, NEW JERSEY 07060

Adrian O. Mapp
Mayor

Phone: (908) 753-3092 – Fax: (908) 753-3679
Email:[email protected]
Website: www.plainfieldnj.gov

DR. ATIF NAZIR
Health Officer

SUBGRANT AGREEMENT
This subgrant agreement, is made and entered into this 1st day of July 1,
2026, by and between City of Plainfield: Health Department., herein
after referred to as the Grantee, and City of Rahway: Health Department
herein after referred to as the Subgrantee, for the grant year commencing on
July 1, 2026 and terminating on June 30, 2027.
The total amount of the subgrant, herein after referred to as the Subgrant, is
$25,636 and is subject to the Grantee receiving a Grant number:
DLPH27CLP025 award, herein after referred to as the Grant, from the New
Jersey Department of Health (NJDOH) for the purposes of carrying out a
Childhood Lead Exposure Project.
I. In consideration of its receipt of the Subgrant, the Subgrantee
agrees as follows:
A. To meet the goals, objectives and methods of the project as outlined in
Attachment C as provided by the NJDOH as it relates to Environmental
Inspections.
B. To submit monthly data reviews, quarterly programmatic reports, in the
agreed-upon format, to the Grantee no later than 10 days after the end of
the quarter.
The Grantee reserves the right to request additional information about
the program as
necessary.
C.

To meet with the program coordinator on a quarterly basis, at a
minimum, to discuss program activities. The Grantee and the NJDOH
reserve the right to make announced and unannounced site visits.

D. To perform other duties as mutually agreed upon.
E. To expend programmatic funds as outlined in Appendix 1.
 Funds will not be used to pay the cost of existing operations or
programs of the Subgrantee.
 Any changes and/or revisions to the budget must be sent to the
Grantee for approval, prior to implementation.

F. To submit quarterly and annual financial reports to the Grantee within 10
days following the end of the quarter.
G.

To employ all program staff required for the program for which the
Subgrant is made; and maintain accurate payroll records for all of its
employees. The Subgrantee shall be solely responsible for compensation
and disbursement of payroll to the employees.

H.

To notify the Grantee, immediately, of any changes in program staff
required for the program for which the Subgrant is made.

I. In addition, the Subgrantee agrees to the following:
 To operate its programs and facilities in compliance with the Civil
Rights laws and not to discriminate against any person on the
grounds of race, color, national origin, age, sex or handicap.
 To comply with the requirements of the Americans with Disabilities
Act.
 To supply the Grantee with a signed Certificate of Non-Debarment
and suspension,
(Schedule G of Health Service Grant Application).
 To supply the Grantee with a signed statement certifying that the
Subgrantee will abide by the new restrictions on lobbying (Schedule
H of Health Service Grant Application).
 To provide a smoke-free environment for both its employees and
clients. (Schedule K)
 To keep a record of current officers and directors.
 To ensure that all of the Subgrantee’s facilities have proper and
timely fire and safety code inspections and current, related fire and
safety code inspection certifications.
II. The Grantee agrees to the following:
A.

To reimburse the Subgrantee for program expenses within thirty (30)
days of receipt of a complete and accurate billing invoice, up to the
annual budget of $25,636

B. To provide the Subgrantee with standardized programmatic and financial
reporting forms.
C.

To meet with the Subgrantee’s project staff on a quarterly basis or as
determined, to review activities, give feedback, and provide technical
assistance on achieving the grant objectives.

D. In addition the Grantee agrees to the following:
 To ensure that every subgrant includes any clauses required by
statute and their implementing regulations.
 To ensure that the Subgrantee is aware of requirements imposed
upon it by statute and regulation.
 To ensure the Subgrantee’s compliance with Americans with
Disabilities Act provisions.



To ensure the Subgrantee’s
Environment provisions.

compliance

III.
NEW
JERSEY
DEPARTMENT
OF
RESPONSIBILITIES REGARDING SUBGRANTS
A.

with

Smoke-Free

HEALTH

GRANTEE’S

The New Jersey Department of Health, must approve any subgrant
entered into by the Grantee with third-party providers of services
authorized under this Agreement. Reimbursement for services provided
by such subgrantee will not be authorized unless the legal agreement for
such services has been approved by the New Jersey Department of Health
through the Grants Management Officer, Division of Family Health
Services, Child and Adolescent Health Program.

B. The Grantee will be responsible for managing the funds awarded by the
Grant and shall ensure that adequate financial controls are in place.
C.

The Grantee shall 1) submit adequate information to the New Jersey
Department of Health to demonstrate that it will monitor all third-party
expenditures by the Subgrantee, 2) ensure that a financial and
compliance audit of the Subgrant is performed, and 3) issue a report to
the NJDOH clearly indicating that the Subgrantee has met all conditions of
the Subgrant as stipulated in the agreement.
D. The Grantee shall comply with all requirements as stated in “Subpart PSubgrants” of the Terms and Conditions for Administration of Health
Service Grants.
IV. Termination
This Subgrant shall be co-terminus with the Grant. In addition, either party
shall have the right to terminate this Subgrant upon sixty (60) days written
notice to the other at any time for good cause, which shall be understood to
mean a breach of this Subgrant Agreement or conduct which substantially
interferes with the effective performance of the Subgrant.
V. Indemnification
Each party agrees to indemnify and hold the other party and its trustees,
directors, officers, employees, and agents harmless from and against any
claim, loss, damage or expense (including reasonable attorneys’ fees) for
which the other party becomes liable due to the acts or omissions of the
party against whom indemnification is sought, or its trustees, directors,
officers, employees, and agents, including but not limited to the failure of the
party against whom indemnification is sought to perform its duties and
obligations arising under this Subgrant Agreement.
VI. Insurance; Notice of Claims
The Subgrantee shall secure and maintain, or cause to be secured and
maintained, during the entire term of this Subgrant, comprehensive general
and professional liability insurance and property damage insurance, with

policy limits, and upon terms and conditions, acceptable to the Grantee. The
Subgrantee shall provide the Grantee with a certificate verifying that such
insurance is in full force and effect, and the certificate shall state the Grantee
shall receive not fewer than thirty (30) days written notice prior to any
cancellation or termination of the aforesaid insurance coverage.
VII. Non-Discrimination
The Subgrantee agrees to operate the program or facility in compliance with
the Civil Rights laws and will not discriminate against any person on the
grounds of race, color, national origin, age, sex, or handicap.
VIII. Governing Law
This Agreement shall be governed by, and construed in accordance with the
laws of the State of New Jersey.
The undersigned agree with the terms of the Subgrant Agreement. This
Subgrant Agreement becomes effective on July 1, 2026 and, will unless
earlier terminated in accordance with Section IV, will terminate on June 30,
2027.

City of Plainfield

City of Rahway: Health Department

Signed: _______________________

Signed: _______________________

Dated:

Dated: ________________________

Name: _Adrian O. Mapp____________ Name: ________________________
Title: ____Mayor________________

Title: _________________________

Appendix 1
Budget July 1, 2026 - June 30, 2027
The total budget for the above grant period totals $25,636
Details of the annual budget are shown below.
Cost Category

Funds

A. Personnel Cost
B. Program Expenses and related costs
o Environmental inspection
o Dust wipes/analysis
o XRF maintenance
o Any other item

Total Funds

$25,636

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-220-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2026 FORD BRONCO
SPORT VEHICLE, ONE (1) 2025 FORD F-150 4X4 SUPERCREW POLICE
RESPONDER VEHICLE, AND ONE (1) 2025 FORD POLICE INTERCEPTOR
UTILITY AWD VEHICLE FROM PARAMUS FORD, INC. D/B/A ALL AMERICAN
FORD OF PARAMUS THROUGH THE NEW JERSEY COOPERATIVE PURCHASING
ALLIANCE, CONTRACT NO. BC-BID-24-43
WHEREAS, the Rahway Police Department has identified the need to acquire one (1)
2026 Ford Bronco Sport vehicle, one (1) 2025 Ford F-150 4x4 SuperCrew Police Responder
vehicle, and one (1) 2025 Ford Police Interceptor Utility AWD vehicle to support the operational,
administrative, and law-enforcement needs of the Department; and
WHEREAS, Paramus Ford, Inc. d/b/a All American Ford of Paramus has provided
quotations to the City of Rahway for one (1) 2026 Ford Bronco Sport vehicle in the amount of
Thirty-Two Thousand Six Hundred Eighty-Three Dollars and Eighty Cents ($32,683.80); one (1)
2025 Ford F-150 4x4 SuperCrew Police Responder vehicle in the amount of Forty-Eight Thousand
Nine Hundred Fifty-Six Dollars and Seventy-Three Cents ($48,956.73); and one (1) 2025 Ford
Police Interceptor Utility AWD vehicle in the amount of Forty-Nine Thousand One Hundred FiftyEight Dollars and Thirty-Five Cents ($49,158.35), for a total quoted vehicle purchase price of One
Hundred Thirty Thousand Seven Hundred Ninety-Eight Dollars and Eighty-Eight Cents
($130,798.88); and
WHEREAS, the applicable quotations identify delivery to Union County as an optional
additional charge, and the City of Rahway intends to arrange for pickup of the vehicles directly
from Paramus Ford, Inc. d/b/a All American Ford of Paramus, and therefore no separate deliveryto-Union-County charge is included in the authorized purchase price; and
WHEREAS, the vehicles are available for purchase through the New Jersey Cooperative
Purchasing Alliance (“NJCPA”), Bergen County Cooperative Purchasing System, Contract No.
BC-BID-24-43, awarded to Paramus Ford, Inc. d/b/a All American Ford of Paramus; and
WHEREAS, the New Jersey Cooperative Purchasing Alliance is an authorized
cooperative purchasing system through which participating contracting units may purchase goods
pursuant to N.J.S.A. 40A:11-11 and applicable regulations governing cooperative purchasing; and
WHEREAS, the City desires to authorize an amount not to exceed One Hundred Thirty
Thousand Nine Hundred Dollars ($130,900.00) for the acquisition of the three (3) vehicles; and
WHEREAS, the principal funding for this acquisition shall be provided from the City of
Rahway Federal Law Enforcement Trust Fund, Account No. 9000190119, and, to the extent
necessary, the Law Enforcement Trust Fund, Account No. 9000059548; and
WHEREAS, in order to supplement the foregoing trust-fund resources and preserve
sufficient law-enforcement trust-fund resources for the separately authorized purchase and

installation of police emergency equipment and related upfitting for the Ford Police Interceptor
Utility vehicle, the City shall also utilize an amount not to exceed Nine Thousand Seven Hundred
Dollars ($9,700.00) from Account No. 01-201-25-240-025, Police Vehicles - New, subject to
certification by the Chief Financial Officer that sufficient legally available funds exist in the
respective accounts;
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the purchase of one (1) 2026 Ford Bronco
Sport vehicle, one (1) 2025 Ford F-150 4x4 SuperCrew Police Responder vehicle, and one (1)
2025 Ford Police Interceptor Utility AWD vehicle from Paramus Ford, Inc. d/b/a All American
Ford of Paramus, through the New Jersey Cooperative Purchasing Alliance, Bergen County
Cooperative Purchasing System, Contract No. BC-BID-24-43, is hereby authorized in a total
amount not to exceed One Hundred Thirty Thousand Nine Hundred Dollars ($130,900.00).
BE IT FURTHER RESOLVED, that the expenditure authorized herein shall be charged
principally to the Federal Law Enforcement Trust Fund, Account No. 9000190119, and, to the
extent necessary, the Law Enforcement Trust Fund, Account No. 9000059548, together with an
amount not to exceed Nine Thousand Seven Hundred Dollars ($9,700.00) from Account No. 01201-25-240-025, Police Vehicles - New, with the precise allocation among said accounts to be
determined by the Chief Financial Officer based upon legally available funds.
BE IT FURTHER RESOLVED, that the use of Account No. 01-201-25-240-025 as
supplemental funding for this acquisition is intended to preserve sufficient law-enforcement trustfund resources for the separately authorized acquisition and installation of police emergency
equipment and related upfitting for the Ford Police Interceptor Utility vehicle.
BE IT FURTHER RESOLVED, that no separate charge for delivery of the vehicles to
Union County is authorized herein, as the City shall arrange for pickup of the vehicles from the
vendor.
BE IT FURTHER RESOLVED, that the Mayor, Business Administrator, Chief Financial
Officer, Purchasing Agent, Chief Law Enforcement Officer, and Municipal Clerk are hereby
authorized to execute any and all documents necessary to effectuate the purposes of this
Resolution.
BE IT FURTHER RESOLVED, that the certification of the Chief Financial Officer
confirming the availability of sufficient funds from the accounts identified herein shall be attached
to and incorporated into this Resolution.
The Chief Financial Officer of the City of Rahway certifies that there are legally appropriated
sufficient funds within the Current Fund Accounts 01-201-25-240-025, and the Federal and State
Law Enforcement Trust Funds to cover the cost of this contract.

City of Rahway
Department of Revenue & Finance
Octobre 5, 2026
Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065

Re:

A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2026 FORD
BRONCO SPORT VEHICLE, ONE (1) 2025 FORD F-150 4X4 SUPERCREW
POLICE RESPONDER VEHICLE, AND ONE (1) 2025 FORD POLICE
INTERCEPTOR UTILITY AWD VEHICLE FROM PARAMUS FORD, INC.
D/B/A ALL AMERICAN FORD OF PARAMUS THROUGH THE NEW JERSEY
COOPERATIVE PURCHASING ALLIANCE, CONTRACT NO. BC-BID-24-43

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund
Accounts 01-201-25-240-025, and the Federal and State Law Enforcement Trust Funds to cover
the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-221-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF POLICE
EMERGENCY EQUIPMENT AND RELATED VEHICLE UPFITTING FOR ONE (1)
2025 FORD POLICE INTERCEPTOR UTILITY VEHICLE AND ONE (1) 2026 FORD
BRONCO SPORT VEHICLE FROM EAST COAST EMERGENCY LIGHTING, LLC
THROUGH THE NEW JERSEY STATE COOPERATIVE PURCHASING PROGRAM
AND OTHER LAWFUL PROCUREMENT AUTHORITY
WHEREAS, the City of Rahway is acquiring one (1) 2025 Ford Police Interceptor Utility
vehicle and one (1) 2026 Ford Bronco Sport vehicle for use by the Rahway Police Department;
and
WHEREAS, the vehicles require police emergency warning systems, lighting, sirens,
controls, communications and computer-related equipment, prisoner transport equipment, and
other police-specific equipment, as applicable to each vehicle, together with installation services
and related vehicle upfitting necessary for their intended Departmental use; and
WHEREAS, East Coast Emergency Lighting, LLC, 200 Meco Drive, Millstone
Township, New Jersey 08535, submitted Quotation No. 53389, dated August 7, 2026, for the
furnishing and installation of police emergency equipment and related vehicle upfitting for one (1)
Ford Police Interceptor Utility vehicle in the amount of Twenty-Eight Thousand Three Hundred
Eighty-Nine Dollars and Eighty-Five Cents ($28,389.85); and
WHEREAS, East Coast Emergency Lighting, LLC has submitted Quotation No. 53942,
dated August 7, 2026, for the furnishing and installation of emergency warning equipment and
related vehicle upfitting for one (1) Ford Bronco Sport administrative vehicle in the amount of
Four Thousand Four Hundred Sixty-Eight Dollars and Seventy-Five Cents ($4,468.75); and
WHEREAS, the combined quoted cost of the equipment, installation, and related vehicle
upfitting for the Ford Police Interceptor Utility vehicle and the Ford Bronco Sport vehicle is ThirtyTwo Thousand Eight Hundred Fifty-Eight Dollars and Sixty Cents ($32,858.60); and
WHEREAS, the equipment and related components identified in the applicable East Coast
Emergency Lighting quotations include items available through the New Jersey State Cooperative
Purchasing Program under applicable State contracts, including State Contract No. 17-FLEET00761 – Whelen Engineering; State Contract No. 17-FLEET-00719 – Havis, Inc.; and State
Contract No. 17-FLEET-00768 – Pro-Gard Products; and
WHEREAS, East Coast Emergency Lighting, LLC is authorized as an applicable
distributor under the State cooperative purchasing contracts utilized for the equipment identified
in the quotations; and

WHEREAS, certain equipment and components identified in Quotation No. 53389 for the
Ford Police Interceptor Utility vehicle are designated as open-market items and shall be procured
in accordance with the Local Public Contracts Law and all other applicable procurement
requirements; and
WHEREAS, pursuant to N.J.S.A. 40A:11-12, a contracting unit may, without separately
advertising for public bids, purchase goods or services under contracts entered into on behalf of
the State of New Jersey by the Division of Purchase and Property, subject to the requirements of
the Local Public Contracts Law and applicable regulations; and
WHEREAS, the City desires to authorize an amount not to exceed Thirty-Two Thousand
Nine Hundred Sixty-Eight Dollars and Seventy-Five Cents ($32,968.75) for the furnishing and
installation of the required police emergency equipment and related vehicle upfitting for the two
(2) vehicles; and
WHEREAS, the portion of the expenditure attributable to the Ford Police Interceptor
Utility vehicle shall be funded from the City of Rahway Federal Law Enforcement Trust Fund,
Account No. 9000190119, and, to the extent necessary, the Law Enforcement Trust Fund, Account
No. 9000059548, subject to certification by the Chief Financial Officer that sufficient legally
available funds exist for this purpose; and
WHEREAS, the portion of the expenditure attributable to the one (1) Ford Bronco Sport
vehicle shall be funded from Account No. 04-215-55-743-107, subject to certification by the Chief
Financial Officer that sufficient legally available funds exist for this purpose;
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the purchase and installation of police
emergency equipment and related vehicle upfitting for one (1) 2025 Ford Police Interceptor Utility
vehicle and one (1) 2026 Ford Bronco Sport vehicle from East Coast Emergency Lighting, LLC,
pursuant to Quotation Nos. 53389 and 53942, is hereby authorized utilizing applicable New Jersey
State contracts, including State Contract No. 17-FLEET-00761 (Whelen Engineering), State
Contract No. 17-FLEET-00719 (Havis, Inc.), and State Contract No. 17-FLEET-00768 (Pro-Gard
Products), together with other lawful procurement authority applicable to installation services,
open-market equipment, and other components identified in the quotations, in a combined amount
not to exceed Thirty-Two Thousand Nine Hundred Sixty-Eight Dollars and Seventy-Five Cents
($32,968.75).
BE IT FURTHER RESOLVED, that expenditures attributable to the one (1) 2025 Ford
Police Interceptor Utility vehicle shall not exceed Twenty-Eight Thousand Five Hundred Dollars
($28,500.00) and shall be charged to the City of Rahway Federal Law Enforcement Trust Fund,
Account No. 9000190119, and, to the extent necessary, the Law Enforcement Trust Fund, Account
No. 9000059548, subject to certification by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that expenditures attributable to the one (1) 2026 Ford
Bronco Sport vehicle shall not exceed Four Thousand Four Hundred Sixty-Eight Dollars and

Seventy-Five Cents ($4,468.75) and shall be charged to Account No. 04-215-55-743-107, subject
to certification by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that any equipment or components identified as openmarket items in the applicable vendor quotations shall be purchased in accordance with the Local
Public Contracts Law and all other applicable procurement requirements.
BE IT FURTHER RESOLVED, that all expenditures authorized herein shall be subject
to certification by the Chief Financial Officer that sufficient legally available funds have been
appropriated and are available for the purposes set forth herein.
BE IT FURTHER RESOLVED, that the Mayor, Business Administrator, Chief Financial
Officer, Purchasing Agent, Chief Law Enforcement Officer, and Municipal Clerk are hereby
authorized to execute any and all documents necessary to effectuate the purposes of this
Resolution.
BE IT FURTHER RESOLVED, that the certification of the Chief Financial Officer
confirming the availability of sufficient funds shall be attached to and incorporated into this
Resolution.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided
to the Chief Financial Officer, Purchasing Agent, Chief Law Enforcement Officer, and East Coast
Emergency Lighting, LLC, as necessary to effectuate the purchases and installation authorized
herein.
The Chief Financial Officer of the City of Rahway certifies that there are legally appropriated
sufficient funds within the Current Fund Accounts 01-201-25-240-025, and the Federal and State
Law Enforcement Trust Funds to cover the cost of this contract.

City of Rahway
Department of Revenue & Finance
Octobre 5, 2026
Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065

Re:

A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF
POLICE EMERGENCY EQUIPMENT AND RELATED VEHICLE UPFITTING
FOR ONE (1) 2025 FORD POLICE INTERCEPTOR UTILITY VEHICLE AND
ONE (1) 2026 FORD BRONCO SPORT VEHICLE FROM EAST COAST
EMERGENCY LIGHTING, LLC THROUGH THE NEW JERSEY STATE
COOPERATIVE PURCHASING PROGRAM AND OTHER LAWFUL
PROCUREMENT AUTHORITY

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund
Accounts 01-201-25-240-025, and the Federal and State Law Enforcement Trust Funds to cover
the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No. AR-222-26

Date of Adoption:

A RESOLUTION AWARDING A SERVICE CONTRACT FOR REMOVING AND
TRANSPORTING 5000 CUBIC YARDS OF LEAVES FROM DPW FACILITY
WHEREAS, the removal of 5,000 cubic yards of leaves is required; and
WHEREAS, it has been determined that Britton Industries, 227 Bakers Basin Road,
Lawrence Township, NJ 08648, submitted the lowest quote for the project.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, to award a contract to Britton Industries, 227
Bakers Basin Road, Lawrence Township, NJ 08648, for an amount not to exceed $51,950.00.
Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which
states that there are legally appropriated sufficient funds within the Current Fund 01-201-26-300113 to cover the cost of this contract. This certification is required on all contracts as per the
regulations of the Director of Local Government Services.

City of Rahway
Department of Revenue & Finance

Octobre 5, 2026

Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065

Re:

A RESOLUTION AWARDING A SERVICE CONTRACT FOR REMOVING
AND TRANSPORTING 5000 CUBIC YARDS OF LEAVES FROM DPW
FACILITY

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund
Accounts 01-201-26-300-113, to cover the cost of this contract.

This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

INVITATION TO QUOTE SUPPLY,
MATERIAL OR SERVICES FORM
Faxed to: Britton Industries
[email protected]
Date/Time: 7/30/2026
Subject/Item: Load & Transport approximately 5,000 Cubic Yards of
Leaves from Rahway’s Temporary Leaf Transfer Site, in Rahway, NJ
07065 To Union County Compost Site in Springfield, NJ or to another
legal disposal site.
Please Respond to
[email protected]/[email protected] by
9/5/2026
We have a deadline for the reply, as the project needs the supplies to perform, allow or create
the continuity of essential service(s) provided by the Department of Public Works. Should your
proposal exceed the date, the department will list your reply as a “No Quote” as allowed by
statue. Moreover, a “No Quote” does not automatically remove you from our vendor list
unless you specifically ask to be removed.
Qt.

Description

Unit Price

Total Price

State/Co-Op #

Project – Load & Transport approximately 5,000 cubic yards of Leaves
from Rahway’s temporary leaf transfer site to the Union County
Compost Facility in Springfield, NJ, or other legal permitted disposal
facility.
1. Contractor will load all leaves from Rahway DPW site beginning in
November 2026 using equipment provided by the contractor.
2. Contractor will load his vehicles and deliver to the Union County
Leaf Composting Site in Springfield, NJ, or another legal permitted
disposal site.
3. Contractor will be provided tickets for use at the County facility by
Rahway DPW. Contractor will provide Union County ticket for
City of Rahway – Department of Public Works

each load delivered or provide a detailed report from alternate
facility.
4. Contractor will be paid based on each verified load delivered to
the Union County Facility or alternate NJ DEP approved disposal
facility from the Rahway site.
5. Contractor is responsible for proper loading of his vehicles and
following proper truck routes to and from designated disposal
facility.
$ 10.39 per yard
TOTAL COST PER YARD DELIVERED: _________________________
$ 51,950.00
TOTAL COST 5000 CUBIC YARDS: __________________________

We encourage all contractors to visit the work site. Call 732-827-2060
to make an appointment.
Every effort was made to make this scope of work sheet complete.
Quote will be a lump sum including disposal of material and based on
specific quantity for all items and services listed.
Any items that are not listed above but are recommended for inclusion
after a site visit should be itemized, quoted, and listed on a separate
sheet for consideration.

Vendor has a NJ Business Certificate

Yes

No

Company will hold these prices for the period of __120___ days.

Carol Berger, Proposal Specialist

_____________________________________________
Company Representative, Title

City of Rahway – Department of Public Works

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-223-26

Date of Adoption:

A RESOLUTION AUTHORIZING A CONTRACT TO UNITEMP MECHANICAL
DEGREES, LLC, VENDOR NO. 24052, FOR THE INSTALLATION OF A BUILDING
MANAGEMENT SYSTEM (BMS) AT RAHWAY CITY HALL
WHEREAS, the City of Rahway needs to install a Building Management System (BMS)
at Rahway City Hall to support the monitoring and control of the building's heating, ventilation,
and air conditioning system; and
WHEREAS, the City of Rahway is a member of the Bergen County Cooperative
Purchasing System and is authorized to purchase goods and services through duly established
memberships pursuant to N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Unitemp Mechanical Degrees, LLC, 26 World's Fair Drive, Somerset, New
Jersey 08873 is a participant in the Bergen County Cooperative Purchasing System, Master Service
Contract No. CK04-BERGEN / 11BeCCP; and has been awarded contract BC-BID-24-55 by the
Bergen County Cooperative Purchasing Systems to provide HVAC services via contract BC-BID24-55, and
WHEREAS, the City of Rahway received a proposal from Unitemp Mechanical Degrees,
LLC, Vendor No. 24052, located at 26 World's Fair Drive, Somerset, New Jersey 08873, for the
installation of a Building Management System (BMS) at Rahway City Hall in an amount not to
exceed $68,500.00.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the City of Rahway is hereby authorized to
enter into a contract with Unitemp Mechanical Degrees, LLC, 26 World's Fair Drive, Somerset,
New Jersey 08873, for the installation of a Building Management System (BMS) at Rahway City
Hall, in an amount not to exceed $68,500.00.
Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which
states that there are legally appropriated sufficient funds within the General Capital Fund -Account
04-215-55- 741-106, to cover the cost of this contract.

City of Rahway
Department of Revenue & Finance

Octobre 5, 2026

Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065

Re:

A RESOLUTION AUTHORIZING A CONTRACT TO UNITEMP
MECHANICAL DEGREES, LLC, VENDOR NO. 24052, FOR THE
INSTALLATION OF A BUILDING MANAGEMENT SYSTEM (BMS) AT
RAHWAY CITY HALL

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the General
Capital Fund Account 04-215-55-741-106, to cover the cost of this contract.

This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-224-26

Date of Adoption:

A RESOLUTION AUTHORIZING A CONTRACT TO UNITEMP MECHANICAL
DEGREES, LLC, FOR THE REPLACEMENT OF THE HVAC SYSTEM AT
RAHWAY CITY HALL
WHEREAS, the City of Rahway needs to replace the Air Handling Unit (AHU) and
Energy Recovery Unit (ERU) located at Rahway City Hall to ensure a safe, effective, and efficient
operation of the building's heating, ventilation, and air conditioning system; and
WHEREAS, the City of Rahway is a member of the Bergen County Cooperative
Purchasing System and is authorized to purchase goods and services through duly established
memberships pursuant to N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Unitemp Mechanical Degrees, LLC, 26 World's Fair Drive, Somerset, New
Jersey 08873, is a participant in the Bergen County Cooperative Purchasing System, Master
Service Contract No. CK04-BERGEN / 11BeCCP; and has been awarded contract BC-BID-24-55
by the Bergen County Cooperative Purchasing Systems to provide HVAC services via contract
BC-BID-24-55; and
WHEREAS, the City of Rahway received a proposal from Unitemp Mechanical Degrees,
LLC, for the removal and replacement of the existing Air Handling Unit (AHU) and Energy
Recovery Unit (ERU) at Rahway City Hall; in the amount not to exceed $545,000.00.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the City of Rahway is hereby authorized to
enter into a contract with Unitemp Mechanical Degrees, LLC, 26 World's Fair Drive, Somerset,
New Jersey 08873, for the removal and replacement of the existing Air Handling Unit (AHU) and
Energy Recovery Unit (ERU) at Rahway City Hall, in the amount not to exceed $545,000.00.
Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which
states that there are legally appropriated sufficient funds within the General Capital Fund Account
04-215-55-741-106, to cover the cost of this contract.

City of Rahway
Department of Revenue & Finance

Octobre 5, 2026

Hon. Raymond Giacobbe, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065

Re:

A RESOLUTION AUTHORIZING A CONTRACT TO UNITEMP
MECHANICAL DEGREES, LLC, FOR THE REPLACEMENT OF THE HVAC
SYSTEM AT RAHWAY CITY HALL

Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the General
Capital Fund Account 04-215-55-741-106, to cover the cost of this contract.

This certification is required on all contracts as per regulations of the Director of Local
Government Services.
Sincerely,

Frank C. Ruggiero
Chief Financial Officer

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-225-26

Date of Adoption:

A RESOLUTION AUTHORIZING A DISABLED VETERAN EXEMPTION
WHEREAS, property known as Lot 12, Block 111, more commonly known as 723 Dianne
Court, in Rahway, NJ, is owned by Christian Feliciano; and
WHEREAS, Christian Feliciano has qualified as a one hundred percent Disabled Veteran
under the provisions of N.J.S.A 54:4-3.30, causing his property to be exempt from taxation at the
local level beginning with the 2nd Quarter Calendar Year 2026 as verified by the Tax Assessor;
and
WHEREAS, the Tax Bills for the four quarters of Calendar Year 2026 were generated
from the 2025 Assessor's Tax Lists, as required under regulations promulgated by the New Jersey
Division of Local Government Services in The Department of Community Affairs pursuant to
N.J.S.A. 54:4-64, thus presenting this property owner with a tax bill for the calendar year 2026,
while the property is correctly classified as being Tax Exempt for the same period.
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be, and he hereby is,
authorized and directed to cancel the 2nd half of 2026; in the amount of $7,618.93 and the 1st half
of 2027, in the amount of $7,155.91 on the property known and designated as Lot 12, Block 111.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-226-26

Date of Adoption:

A RESOLUTION AUTHORIZING A DISABLED VETERAN EXEMPTION
WHEREAS, property known as Lot 5.042, Block 19, more commonly known as 139
Murray Street, in Rahway, NJ is owned by James Luther Snipes; and
WHEREAS, James Luther Snipes has qualified as a one hundred percent Disabled Veteran
under the provisions of N.J.S.A 54:4-3.30, causing his property to be exempt from taxation at the
local level beginning with the 3rd Quarter Calendar Year 2026 as verified by the Tax Assessor;
and
WHEREAS, the Tax Bills for the four quarters of Calendar Year 2026 were generated
from the 2025 Assessor's Tax Lists, as required under regulations promulgated by the New Jersey
Division of Local Government Services in The Department of Community Affairs pursuant to
N.J.S.A. 54:4-64, thus presenting this property owner with a tax bill for the calendar year 2026,
while the property is correctly classified as being Tax Exempt for the same period.
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be, and he hereby is,
authorized and directed to cancel the 2nd half of 2026; in the amount of $7,626.25 and the 1st half
of 2027; in the amount of $7,371.92 on the property known and designated as Lot 5.042, Block
19.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-227-26

Date of Adoption:

A RESOLUTION AUTHORIZING A DISABLED VETERAN EXEMPTION
WHEREAS, property known as Lot 30 C0502, Block 323, more commonly known as
1727 Essex Street Unit #502, in Rahway, NJ is owned by Alterie Walters; and
WHEREAS, Alterie Walters has qualified as a one hundred percent Disabled Veteran
under the provision of N.J.S.A. 54:4-3.30, causing his property to be exempt from taxation at the
local level beginning with the 3rd Quarter Calendar Year 2026 as verified by the Tax Assessor;
and
WHEREAS, the Tax Bills for the four quarters of Calendar Year 2026 were generated
from the 2025 Assessor's Tax Lists, as required under regulations promulgated by the New Jersey
Division of Local Government Services in The Department of Community Affairs pursuant to
N.J.S.A. 54:4-64, thus presenting this property owner with a tax bill for the calendar year 2026,
while the property is correctly classified as being Tax Exempt for the same period.
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be, and he hereby is,
authorized and directed to cancel the 2nd half of 2026; in the amount of $5,013.74 and the 1st half
of 2027; in the amount of $4,846.54 on the property known and designated as Lot 30 C0502, Block
323.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-228-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE CANCELLATION OF TAXES DUE TO
EXEMPTION
WHEREAS, property known as Lot 36, 37.01 & 37.02 in City Block 189, more commonly
known as 1215, 1221 & 1157 Kline Place in Rahway, NJ are owned by the Board of Education
Rahway City; and
WHEREAS, the Board of Education Rahway City has been approved by the Tax
Assessor under the provisions of N.J.S.A. 54:4-3.6, causing its property to be exempt from taxation
at the local level beginning with Calendar Year 2026; and
WHEREAS, the Tax Bills for the entire year of Calendar Year 2025 were generated from
the 2024 Assessor's Tax List, as required under regulations promulgated by the New Jersey
Division of Local Government Services in the Department of Community Affairs pursuant to
N.J.S.A. 54: 4-64, thus presenting this property owner with a Tax Bill for 2025 and the first half
of 2026, while the property is correctly classified as being Tax Exempt for the same period.
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be, and he hereby is,
authorized and directed to cancel the outstanding taxes for the second half of 2026 in the total
amount of $14,051.71 and the 1st half of 2027, in the amount of $5,200.02 on the property known
and designated as Lot 36, 37.01 &37.02 in City Block 189.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-229-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE CANCELLATION OF TAXES DUE TO
EXEMPTION
WHEREAS, properties known as Lot(s) 5, 6 and 7 in City Block 162, more commonly
known as 1646-8 Irving Street, 1654 Irving Street and Seminary Avenue in Rahway, NJ are
owned by the City of Rahway; and
WHEREAS, the City of Rahway has been approved by the Tax Assessor under the
provision of N.J.S.A. 54:4-3.6, causing its property to be exempt from taxation at the local level
beginning with Calendar Year 2020; and
WHEREAS, the Tax Bills for the entire year of Calendar Year 2020 and the first half of
2022 were generated from the 2019 Assessor's Tax List, as required under regulations promulgated
by the New Jersey Division of Local Government Services in the Department of Community
Affairs pursuant to N.J.S.A. 54: 4-64, thus presenting the City with a Tax Bill for 2020 as well as
the first half of 2022, while the property is correctly classified as being Tax Exempt for the same
period;
NOW, THEREFORE, BE IT RESOLVED, that the Tax Collector be, and he hereby is,
authorized and directed to cancel the outstanding balance of taxes for 2020 and the first half of
2022 on the property known and designated as Lot(s) 5, 6 and 7 in City Block 162.

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-230-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE REFUND OF PAYMENT OF TAXES DUE TO
THE GRANTING OF A SENIOR DEDUCTION FOR THE C/Y 2026
WHEREAS, the Department of Assessments has granted a Senior Deduction for
Calendar Year 2026.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby
authorized and directed to make refunds in the following names and amounts.
SENIOR ON
BLOCK/LOT

PROPERTY ADDRESS

238

2139 Prospect Street

20

OWNERS NAME

2026C/Y

Yvette Chapman

$250.00

TOTAL

$250.00

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-231-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE GRANTING OF A VETERAN DEDUCTION
FOR THE C/Y 2026
WHEREAS, the Department of Assessments has granted a Veteran Deduction for
Calendar Year 2026.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby
authorized and directed to make refunds in the following names and amounts.
VETERAN ON
BLOCK/LOT

PROPERTY ADDRESS

OWNERS NAME

2026C/Y

397 02 C0305

36 E Grand Ave Bldg C #18

Alonzo Miles

$250.00

TOTAL

$250.00

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-232-26

Date of Adoption:

A RESOLUTION AUTHORIZING A SETTLEMENT OF STATE TAX APPEAL
WHEREAS, the Collector of Taxes advises that the following Taxpayer and/or their
agents have successful judgments in the Tax Court of New Jersey and are entitled to refunds of
taxes already paid.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby
authorized and directed to make refunds in the following names and amounts.
YEAR BLOCK LOT
2020
2021
2022
2023
2024
2025
2026

258

90

PROPERTY OWNER/
ATTORNEY

Alden Rahway LLC

ADDRESS

539-59 Alden Dr.

AMOUNT
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$12,249.49

Total
$12,249.49
Check payable to:
Robert M Jacobs, Esq.
WB Winne, Banta, Basralian & Kahn PC
Attorneys for Plaintiff
Mail check to:
Robert M Jacobs, Esq.
WB Winne, Banta, Basralian & Kahn PC
Court Plaza- South-East Wing, Suite 101
21 Main Street
Hackensack NJ 07601

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-233-26

Date of Adoption:

A RESOLUTION AUTHORIZING A SETTLEMENT OF STATE TAX APPEAL
WHEREAS, the Collector of Taxes advises that the following Taxpayer and/or their
agents have successful judgments in the Tax Court of New Jersey and are entitled to refunds of
taxes already paid.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby
authorized and directed to make refunds in the following names and amounts.
YEAR BLOCK LOT
2020
2021
2022
2023
2024
2025
2026

260

45

ATTORNEY

Alden Rahway LLC

PROPERTY OWNER/
ADDRESS

AMOUNT

536-56 Alden Dr.

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$12,249.49
Total

Check payable to:
Robert M Jacobs, Esq.
WB Winne, Banta, Basralian & Kahn
Attorneys for Plaintiff
Mail check to:
Robert M Jacobs, Esq.
WB Winne, Banta, Basralian & Kahn
Court Plaza South- East Wing, Suite 101
21 Main Street
Hackensack NJ 07601

$12,249.49

RESOLUTION

CITY OF RAHWAY, NEW JERSEY
No.

AR-234-26

Date of Adoption:

A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE
REDEMPTION OF TAX SALE CERTIFICATES FOR 2025 TAX LIENS
WHEREAS, the City of Rahway held a Tax Lien Sale on October 31, 2025, for unpaid
Calendar Year Taxes and Municipal Charges, and various Tax Sale Certificates were struck off
and sold to the following Lien Holders, on the following Block and Lots; and
WHEREAS, the owners of said properties have paid all money due to the Tax Collector
for the Redemption of said Tax Sale Certificates.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby
authorized and directed to make refunds in the following names and amounts.
2025 Tax Lien
BLOCK/LOT

PROPERTY ADDRESS

236 3

361 W Scott Ave

Certificate 2025-0060
BLOCK/LOT

PROPERTY ADDRESS

370 22

1663 Columbus Place

Certificate 2025-0112
BLOCK/LOT

PROPERTY ADDRESS

126 06

821 Hillside Road

Certificate 2025-0021
BLOCK/LOT

PROPERTY ADDRESS

181 01

884 Stone Street

Certificate 2025-0043
BLOCK/LOT

PROPERTY ADDRESS

46

303 Dukes Rd

10

Certificate 2025-0007

CERT OWNER
American Tax Lien Fund LLC
P.O. Box 237174
New York NY 10023

REFUND

PREMIUM

$979.17

$1,600.00

CERT OWNER
Christiana T C/F CE 1/Firstrust
P.O. Box 5021
Philadelphia PA 19111-5021

REFUND

PREMIUM

$10,121.69

$8,000.00

CERT OWNER
L & Y New York Inc
144-90 41st Street Apt 515
Flushing NY 11355

REFUND

PREMIUM

$2,545.55

$1,300.00

CERT OWNER
439 Primera LLC
2208 Princeton Ave
Scotch Plains NJ 07076

REFUND

PREMIUM

$1,634.67

$3,000.00

CERT OWNER
L & Y New York Inc
144-90 41st Street Apt 515
Flushing NY 11355

REFUND

PREMIUM

$853.01

$400.00

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No.__O-25-26_________

Date of Adoption:

AN ORDINANCE AUTHORIZING THE INSTALLATION OF A FOUR-WAY STOP AT
THE INTERSECTION OF RIVER ROAD AND CHURCH STREET AND AMENDING
THE CODE OF THE CITY OF RAHWAY
WHEREAS, N.J.S.A. 39:5A-1 provides that a municipality may make, amend, repeal, and
enforce ordinances to regulate vehicular and pedestrian traffic and the parking of vehicles in
parking yards and parking places, which are open to the public or to which the public is invited in
conjunction with any business enterprise.
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that Chapter 401 of the General Code of the City
of Rahway, more particularly Article X, Schedules, § 401-85, “Schedule XXVI: Four Way Stop
Intersections” and Article X, Schedules, § 401-65, “Schedule VI: Through Streets” are hereby
amended and supplemented as follows:
Additions are indicated by bold underlines
Deletions are indicated by strike throughs
Language that remains unchanged is not highlighted in anyway
SECTION I
§ 401-85 Schedule XXVI: Four Way Stop Intersections
Pursuant to the provisions of N.J.S.A. 39:4-140 (§ 401-12), intersections described are hereby
designated as multistop intersections. Stop signs shall be installed as provided therein.
Intersection
Maple Avenue and Jefferson Avenue
[Added 4-12-1999 by Ord. No. O-5-99]
West Inman Avenue and Jaques Avenue
West Lake Avenue and Madison Avenue
[Added 6-11-2018 by Ord. No. O-08-18]
Jefferson Avenue and Stone Street

Stop Sign On
All four approaches

River Road and Church St

All four approaches

All four approaches
All four approaches
All four approaches

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No.

O-26-26 _____

Date of Adoption:

AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF
RAHWAY (VEHICLES AND TRAFFIC) – Parking by Permit Only (various streets)
NOW, THEREFORE, be it ordained, by the Municipal Council of the City of Rahway,
County of Union, State of New Jersey, that the following chapter be amended as follows:
Section 1. 297-12 Schedule II: Parking by Permit Only
DELETE:
Name of Property

Hours / Days

Location

Broad St. Lot

Monday through Friday;
5:00 a.m. to 7:00 p.m.

Broad St and Campbell

Fulton St. Lot

Monday through Friday;
5:00 a.m. to 7:00 p.m.

Fulton St.

Milton St. Lot

Monday through Friday;
5:00 a.m. to 7:00 p.m.

Milton Avenue and Broad Street

Hours / Days

Location

Broad St. Lot

Monday through Friday;
5:00 a.m. to 5:00 p.m.

Broad St and Campbell

Fulton St. Lot

Monday through Friday;
5:00 a.m. to 5:00 p.m.

Fulton St.

Milton St. Lot

Monday through Friday;
5:00 a.m. to 5:00 p.m.

Milton Avenue and Broad Street

ADD:
Name of Property

Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed.
Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions hereof.

Section 4. This Ordinance shall become effective after second reading and publication as required
by law.

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No.__O-27-26_________

Date of Adoption:

AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF
RAHWAY (VEHICLES AND TRAFFIC)-Parking by Permit Only (Elizabeth Ave)
NOW, THEREFORE, BE IT ORDAINED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the following chapter be amended as
follows:
Section 1. 401-84 Schedule XXV: Parking by Permit Only
DELETE:
Name of
Street

Hours/Days

Location

West

24 hours a day /
Mon. through Sun.

From the apex of West Grand
Avenue on the west side of the
street raveling north a distance of
160 feet and extending 183 feet
north.

Name of
Street

Side

Hours/Days

Location

Elizabeth Ave

West

24 hours a day /
Mon. through Sun.

From the comer of Jackson
Avenue traveling south a distance
of 265 feet.

Side

Hours/Days

Location

West

24 hours a day /
Mon. through Sun.

From the corner of Jackson
Avenue traveling south a distance
of 306 feet.

Elizabeth Ave

Side

DELETE:

ADD:
Name of
Street
Elizabeth Ave

Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed.
Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
Section 4. This Ordinance shall become effective after second reading and publication as
required by law.

ORDINANCE

CITY OF RAHWAY, NEW JERSEY
No.

O-28-26 ______

Date of Adoption:

AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF
RAHWAY (VEHICLES AND TRAFFIC) – Parking Meter Zones (Elizabeth Ave)
NOW, THEREFORE, BE IT ORDAINED, by the Municipal Council of the City of
Rahway, County of Union, State of New Jersey, that the following chapter be amended as
follows:
Section 1. 401-83 Schedule XXIV: Parking Meter Zones
ADD
Name of
Street
Elizabeth
Ave

Side

West

Hours/Days

Time Limit I Rate

Location

2 hours a day /
Mon. through Sun.

$0.50 for 1 hour
$1.00 for 1.5 hours
$1.25 for 2 hours

From the apex of West Grand
Avenue on the west side of
the street raveling north a
distance of 160 feet and
extending 183 feet north.

Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed.
Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
Section 4. This Ordinance shall become effective after second reading and publication as
required by law.