Jonathan P. Vuotto, Attorney No. 021372004 RIKER DANZIG SCHERER HYLAND & PERRETTI LLP Headquarters Plaza One Speedwell Avenue Morristown, NJ 07962-1981 (973)538-0800 Attorneys for Plaintiff, City of Jersey City SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, HUDSON COUNTY DOCKET NO. CITY OF JERSEY CITY, Plaintiff, CIVIL ACTION V. SMI LL, LLC do SUNTEX VENTURES LLC and NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, VERIFIED COMPLAINT FOR EMERGENT AND INJUNCTIVE RELIEF Defendants. Plaintiff, City of Jersey City, by way of Verified Complaint for Emergent and Injunctive Relief against Defendants SMI LL, LLC c/o Suntex Ventures LLC and New Jersey Department of Environmental Protection, hereby alleges as follows: THE PARTIES 1. Plaintiff, the City of Jersey City (“Plaintiff’ or “Jersey City”), is a municipality located in Hudson County, having its principal place of business located at City Hall, 280 Grove Street, Jersey City, New Jersey 07302. Jersey City has standing to bring this Complaint. The City and its residents have “a special, regional interest exceeding the general public interest” in i:: Liberty State Park. Jersey City v. State Dep't of Envtl. Prof, 227 N.J. Super. 5, 10, 545 A.2d 774, 777 (App. Div. 1988). 2. On information and belief, defendant SMI LL, LLC (“SMI”) c/o Suntex Ventures LLC (collectively, “Suntex”) is a Delaware limited liability company having an address at c/o Suntex Ventures, LLC, 17330 Preston Rd., Suite HID, Dallas, Texas 75252. On information and belief, Suntex Ventures, LLC is the sole member of SMI and has its headquarters located at 17330 Preston Rd., Suite HID, Dallas, Texas 75252. 3. Defendant New Jersey Department of Environmental Protection (“DEP” and collectively with SMI, “Defendants”), is a government agency in the State of New Jersey with an address of 401 E. State Street, Trenton, New Jersey 08625. NATURE OF THE ACTION 4. Jersey City is deeply concerned about a proposed marina planned for the south side of Liberty State Park, because of the severe adverse impacts the potential development would have on Jersey City and its residents. Suntex currently operates a marina on the north side of Liberty State Park. On information and belief, DEP and Suntex recently entered into an agreement that, if permitted, would give Suntex the right, among other rights, to develop a second marina, on the south side of the Park. Jersey City seeks to block Suntex and DEP from entering into a new lease in accordance with that agreement. 5. DEP failed to follow its standard and required competitive negotiation procedures in offering the deal to Suntex, which should void the proposal. Furthermore, DEP proposed the new lease based on what appears to be sham consideration, which should also invalidate the agreement. Perhaps most importantly, the proposed development project would curtail Jersey City’s residents’ rights and potentially could cause significant adverse environmental impacts. Therefore, Jersey City seeks: (i) to enjoin Defendants from executing the proposed new lease because it will cause Jersey City and its residents irreparable harm; and (ii) a declaratory judgment that the proposed new lease is invalid. 2 FACTUAL ALLEGATIONS 6. DEP is the owner of eertain land in Jersey City, Hudson County, New Jersey, whieh was aequired pursuant to the Green Acres Land Acquisition Act, and known as Liberty State Park (the “Park” or “LSP”). 7. In or around 1987, DEP issued a Request for Quotation (“RFQ”) and began accepting bid proposals for the development of a marina on the northern end of the Park. This “competitive negotiations” process was designed to solicit creative proposals for innovative projects, and is a recognized method of public procurement, authorized by the federal government. 8. DEP follows the competitive negotiations process with regard to its other lease opportunities. 9. Following the competitive negotiations process, Liberty State Park Development Corporation (“LSPDC”) and DEP, as Landlord, entered into a certain lease dated June 12, 1987, as modified by first amendment dated September 21, 1988 and second amendment dated March 4, 1996 (“Prime Lease”), for the development, construction, maintenance and operation of a full service marina complex located on approximately 50.648 acres of land and contiguous water (the “North-End Marina”). 10. On February 26, 1996, Dimeling, Schreiber & Park (“DS&P”) and LSPDC entered into a Sublease agreement under which LSPDC subleased the North-End Marina to DS&P (the “Lease”). 11. Paragraph 12 of the Lease provides that the Tenant is responsible to operate and maintain the premises of the North-End Marina, including its bulkhead (the “Bulkhead”). 3 12. Paragraph 46 of the Lease grants a right of first offer and of first refusal to the Tenant, which grants Tenant a right of first offer and refusal to any development of a marina and related retail operation within the Park. A true and correct copy of certain pages of the Lease containing Paragraph 46 is attached hereto as Exhibit A. 13. Paragraph 46 of the Lease further provides, in pertinent part, that if the Landlord intends to add a new use, such as a new marina, then the Landlord, either before or as part of or after a request for proposals and/or competitive negotiations, may submit a proposal regarding such proposed new use to the Tenant, and the Tenant shall have twenty (20) days within which to accept or reject such proposal. Paragraph 46 further provides, in relevant part, that failure to give notice of acceptance of such a proposed new use within the twenty-day period shall automatically constitute a rejection of the proposal. Under Paragraph 46, in the event that such a proposal is properly accepted, the necessary documentation with respect thereto is to be prepared and executed by the parties within thirty (30) days after such acceptance. 14. In short. Paragraph 46 of the Lease requires PEP to make a request for proposals and/or engage in competitive negotiations prior to the construction of a new marina in the Park. 15. On October 11, 1996, LSPDC consented in writing to the assignment by DS&P to Liberty Landing Marina, L.L.C. (“Liberty Landing”) of all of the right, title and interest of DS&P in and to the Lease. 16. On May 15, 2003, pursuant to an Assignment and Assumption Agreement for Marina Complex by and between LSPDC and DEP, the Prime Lease was terminated, and LSPDC assigned to DEP, and DEP assumed from LSPDC, all of LSPDC’s interest in the Lease. 17. On March 7, 2005, DEP, pursuant to an Assignment, Assumption and Amendment of Lease Agreement, consented in writing to the assignment by Liberty Landing to 4 New Liberty Landing Marina, LLC (“New Liberty Landing”) of all of the right, title and interest of Liberty Landing Marina in and to the Lease. 18. On December 6, 2010, DEP consented in writing pursuant to an Assignment, Assumption and Amendment of Lease Agreement (“2010 Amendment”), to the assignment by New Liberty Landing to Suntex LL Marina, LLC (“Suntex LL”) of all right, title and interest of New Liberty Landing in and to the Lease. 19. Pursuant to the 2010 Amendment, DEP and Suntex LL agreed to amend the Lease to add a new Paragraph 49, by which the parties transferred responsibility for the maintenance and repair of the North-End Marina Bulkhead from Suntex LL to DEP and DEP agreed to be solely responsible to remove, replace, maintain and repair the existing Bulkhead. The 2010 Amendment stated that DEP should begin work on the existing Bulkhead no later than June 30, 2012 and complete the work at the earliest practicable date. The parties agreed to revert responsibility for the maintenance and repair of the Bulkhead back to Suntex LL after DEP’s final completion of the removal and replacement of the existing Bulkhead. 20. On October 22, 2015, DEP consented in writing, pursuant to an Assignment, Assumption and Amendment of Lease Agreement, to the assignment by Suntex LL to Suntex of all the right, title and interest of Suntex LL in and to the Lease. 21. On November 30, 2017, DEP provided Suntex with a proposed Term Sheet for Marina Construction, Operation and Maintenance at Liberty State Park (the ‘Term Sheet ), purportedly in conformance with Paragraph 46 of the Lease. A copy of the Term Sheet is attached hereto as Exhibit B. The proposed “lease parcel” contained in the Term Sheet consists of two separate areas within the Park: (1) the “Southern Marina Area,” defined in the Term Sheet as approximately 45 acres (13 acres on land and 32 acres in water) and designated as Block 5 24501, P/0 Lots 2, 3, 5, 6 and Block 24306 and P/0 Lot 10, Jersey City, Hudson County, New Jersey (the “Proposed South-End Marina”); and (2) the “Northern Marina Expansion Area,” consisting of approximately 10 acres (2 acres on land and 8 aeres in water) and designated as Block 15904, Lot 4, & P/0 Lots 3, 5, 6 and 7. 22. The purported “Purpose” of the Term Sheet is to expand marina operations within Liberty State Park, “upon the express condition that Tenant agree to assume all current and future O&M responsibility for the bulkhead.” 23. The development project proposed in the Term Sheet included the following components: (A) the Proposed South-End Marina; (B) the Northern Marina Expansion; (C) amending the Lease for the North-End Marina for Suntex to assume full responsibility for the replacement, operation and maintenance of the Bulkhead; and (D) Suntex assuming all responsibility for the construction, replacement, operation and maintenance of any other bulkheads constructed or utilized as part of the proposed project. 24. Tracking Paragraph 46’s deadline provision, the Term Sheet provides that Suntex shall have twenty (20) days from the date of the Term Sheet (November 30, 2017), to accept or reject the terms contained therein, subject to extension at DEP’s discretion. Therefore, Suntex had until December 20, 2017 to accept the terms contained in the Term Sheet. 25. On information and belief, Suntex did not accept the Term Sheet by December 20, 2017. 26. Again tracking the Lease’s Paragraph 46, the Term Sheet further provides that, in the event that Suntex accepts the Term Sheet, DEP and Suntex “shall use commercially reasonable efforts to enter into a mutually satisfactory lease agreement” (the “Proposed New Lease”) within thirty (30) days of the date of Suntex’s aceeptance. 6 27. The Term Sheet also contains an “Exclusivity” clause that provides that, during the negotiation of the Proposed New Lease, DEP shall not solicit or accept any other offers for lease of the expanded “lease parcel.” In other words, the proposed marina development project was not open to either public bidding or competitive negotiations. 28. In or around November 2017, DEP also provided Suntex with a proposed Amendment of Lease (“Proposed Lease Amendment”), seeking to amend the Lease as follows: (a) extending the term of the lease to May I, 2036; (b) amending the annual and monthly basic rent; (c) agreeing that the removal, replacement, maintenance and repair of the Bulkhead on the north-end marina premises is now the sole responsibility of Suntex; and (d) Suntex may reduce the percentage rent due to DEP each year in an amount equal to the costs actually incurred by Suntex to remove, replace, maintain and repair the Bulkhead. A copy of the Proposed Lease Amendment is attached hereto as Exhibit C. Thus, DEP apparently failed to repair the Bulkhead in a timely fashion pursuant to the 2010 Amendment, and the Proposed Lease Amendment reverts the responsibility for the repair and maintenance of the Bulkhead back to Suntex. 29. With the 2010 Amendment and the Proposed Lease Amendment, it appears that DEP intentionally assumed the obligation to repair and maintain the Bulkhead, knowing that it would not do so, and now is proposing to give back the obligation to Suntex. This appears to be an attempt to create pretextual “consideration” for the Proposed South-End Marina project. 30. The Term Sheet is improper because, among other reasons, it violates Paragraph 46 of the Lease, purports to grant Suntex rights under the Proposed New Lease without engaging in competitive negotiations, and is offered for “sham” consideration. 31. Furthermore, on information and belief, Suntex failed to accept the Term Sheet by December 20, 2017. On information and belief, DEP improperly extended the deadline and 7 Suntex accepted the Term Sheet on or about December 27, 2017. These actions appear to violate the plain terms of the Lease. 32. Therefore, Defendants should be enjoined from proceeding with the Proposed South-End Marina project. 33. Rather, DEP should be required to follow the same competitive negotiations process for the development of the Proposed South-End Marina that it followed for the NorthEnd Marina, and that is required under the Lease. 34. Furthermore, on information and belief. Defendants have not conducted any studies nor engaged any third-parties to conduct any studies to determine potential adverse impacts that the proposed marina project could cause to the Park. 35. Due to DEP’s failure to abide by the Lease and failure to follow its normal practices, and the rushed manner in which the proposed project is being pushed through. Defendants should be enjoined from entering into the Proposed New Lease, and any proposal for the development of the Proposed South-End Marina should be re-bid under the DEP’s standard practices and in conformance with the Lease, after all appropriate studies of the proposed project have been performed and publicly vetted. CT AIMS FOR RELIEF FIRST COUNT TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 36. Plaintiff repeats and realleges all allegations made above as if fully set forth 37. In violation of the Lease, DEP did not issue a request for proposals with respect to herein. the Proposed South-End Marina, and did not engage in competitive negotiations. 8 38. The irreparable harm is established by, among other things, the DBF’s failure to follow an adequate bid process and the failure to conduct environmental assessment studies of the proposed development project. 39. Additionally, on information and belief, Defendants have not conducted any studies nor engaged any third-parties to conduct any studies to determine potential adverse impacts that the proposed marina project could cause to the Park. There are public policy and environmental concerns that must be investigated and studied before any development of the Proposed South-End Marina can proceed. Certification of Sam Pesin, attached hereto as Exhibit D. 40. A temporary injunction is necessary to maintain the status quo and prevent immediate irreparable harm to Jersey City and its residents, which cannot be redressed with monetary damages. 41. The balance of the equities favors the grant of a temporary and permanent injunction. WHEREFORE, Jersey City requests a temporary restraining order and preliminary injunction enjoining Defendants from entering into the Proposed New Lease pending the Court’s resolution of Jersey City’s claim to void the Term Sheet and Proposed New Lease, along with such other and further relief as the Court deems just and necessary in the interests of justice. SECOND COUNT DECLARATORY JUDGMENT 42. Plaintiff repeats and realleges all of the allegations set forth above. 43. Jersey City seeks a judgment declaring the Term Sheet and Proposed New Lease because: (i) the Term Sheet violates the Lease; (ii) Suntex failed to timely accept the Term Sheet; 9 (iii) DEP failed to follow the competitive negotiation requirements; (iv) the Term Sheet lacks real consideration; and (v) Defendants have not conducted any studies nor engaged any thirdparties to conduct any studies to determine potential adverse impacts that the proposed marina project could cause to the Park. 44. There is an actual and substantial controversy between the parties. 45. A declaratory judgment would provide the parties relief from uncertainty and insecurity with respect to their respective rights, status, and other legal relations. WHEREFORE, Plaintiff requests and demands judgment against Defendants declaring the Term Sheet and Proposed New Lease void and unenforceable, as well as granting Plaintiff its reasonable attorneys’ fees, costs of suit and such other and further relief as the Court deems reasonable and necessary in the interests of justice. RIKER DANZIG SCHERER HYLAND & PERRETTI LLP Attorneys for Plaintiff, City of Jersey City Dated: January 2, 2018 10 VERIFYING CERTIFICATION I, STEVEN M. FULOP, certify as follows: I am the Mayor of the City of Jersey City, the Plaintiff in this matter, and as such I am familiar with the facts contained herein, either through my own personal knowledge, through my review of appropriate documents, and/or consultation with appropriate professionals. I have read the Veri?ed Complaint to which this Verifying Certi?cation is attached and reviewed the exhibits thereto. I certify that the foregoing statements made by me are true and the exhibits attached to the Veri?ed Complaint are true and accurate copies of the documents as obtained by the City. I am aware that if any of the foregoing statements are willfully false, I am subject to punislnnent. w. FULOP Dated: January 1, 2018 12 CERTIFICATION OF ELECTRONIC SIGNATURE Jonathan P. Vuotto, an attorney duly admitted to practiee in the State of New Jersey, by way of certifieation says: Steven M. Fulop has acknowledged the genuineness of his electronic signature on the attached as his original signature. A copy with an original signature affixed will be filed, if requested. I certify that the foregoing statements made by me are true to the best of my knowledge, information, and belief I am aware that if any of the foregoing statements made by me are willfully false, I may be subject to punishment. Dated: January 2, 2018 13 Exhibit A LIBERTY STATE PARK i: MARINA LEASES . SUBLEASE LIBERTY STATE PARK DEVELOPMENT CORPORATION AND D1MELING> SCHREIBER & PARK ii. I 5 i; I i! I! ii Ii il if l! Ii i; ■! i! i) il ii I I MARCH 1996 ! I any other provision of this Sublease, or of any other agreement: between the parties hereto, by their execution of this Sublease the parties hereto expressly agree to all of the terms and conditions of this paragraph as follows: (i) The parties hereto shall be bound by and responsible for ensuring compliance with, and the enforcement of, ai any and all relevant provisions of the Land and Water Conservation Fund Act, and the Land and Water Conservation Grants Manual as incorporated by reference into Land and Water Conservation Fund Project Agreement No. 34--0-00333 specifically including, but not limited to, the following provisions of the Grants Manual, Chapter 640.3.6E,, Chapter 675.9, Chapter 640.1.8, and Chapter 640.1,9. (ii) In the performance of Landlord's responsibility under the above-referenced Chapter 640.1.9, Landlord and Sublandlord may periodically review the performance of Subtenant and terminate the Sublease if Subtenant is not in compliance with the Sublease and the provisions of the grant agreement, including standards of maintenance, public ^ use, and accessibility. Landlord and Sublandlord shall give Subtenant written notice of any such noncompliance and this Sublease may be terminated .only in the event that such noncompliance shall continue for thirty (30) days after the date of receipt of such notice. In the event that the noncompliance is of such character as cannot reasonably be corrected within said thirty (30) day period, then such noncompliance shall not be deerned to continue so long as Subtenant, after receiving such notice, proceeds to remedy the noncompliance as soon as Subtenant, after receiving such notice, proceeds to remedy the noncompliance as soon as reasonably possible within the notice period and continues diligently to take all steps-"to complete such remedy v/ithin a reasonable period of time. ' (iii) Subtenant shall operate the premises for public outdoor recreation purposes in compliance with provisions of the Land and Water Conservation Fund_Act and implementing guidelines; Subtenant shall identify the Premises as being publicly owned and operated by Subtenant as a public outdoor recreation facility in all literature and_advertising; the.Subtenant shall not mislead the public into believing that the area is private; the Subtenant shall post signs at all access points to the Premises identifying the faciTity' as being open to the-public in accord with Chapter 675.4 of the Grants Manual. _ (iv) All fees charged by Subtenant shall be competitive with similar facilities. ‘^5. Incorporated Exhibits. The following are Exhibits "A-1" A-2, A-3, B-1, B-2, B-3, C-1, C-2, D, E, F,. G and H referred to in this Sublease and made a part hereof. 46 , bease.Cpyenant - Right . of First Offer/BBfn.c!;:>l (a) Landlord' and Sublandlord each hereby agree that to the extent of its respective fee or leasehold interest, in and to the following described portions of Liberty state Park, no such portion, shall be Landlord, Sublandlord or by any third parties over whom Landlord or Sublandlord has control, whether via a sale or lease of 3:16203 54 1 I such portion(s)i (a) as to the entirety of Liberty State Park for the duration of the Primary Term (but not with respect to any Renewal Term) for a marina or marina related facilities; and/or (b) as to the Restricted Area, for a period of fifteen (15) years from the commencement of the Primary Term, for a restaurant, commercial food service or other commercial retail operation which is the same as or substantially similar to those being operated by Subtenant on the Premises pursuant hereto (the "Retail Operations") without such portion(s) first being offered to the Subtenant herein either on the same terms and conditions as shall have been offered or, if used directly by Sublandlord for such purposes, would have been offered to such third parties. At such time as Landlord or Sublandlord intends to add a use in an area and during_ a time as to which the foregoing covenants apply, whether by itself or an affiliate or by a third party via a sale or lease of a parcel falling within such area, Landlord or Sublandlord may either before, as part of or after a request for proposals and/or competitive negotiations, submit a proposal regarding such transaction to Subtenant and upon receipt thereof Subtenant shall have twenty (20) days within which to accept or reject such proposal by written notice to Landlord or Sublandlord (the "Notice of Acceptance"). Failure to give such Notice of Acceptance within the aforesaid time shall automatically constitute a rejection. In the event that the proposal is properly accepted in accordance herewith, the necessary documentation with respect thereto shall be prepared and executed by the parties within thirty (30) days after'such acceptance. If said proposal is not so accepted by Subtenant,,, the Landlord and Sublandlord, as the case may be, each shall be free to operate for its own account the marina, restaurant commercial food service and/or the Retail Operations, as the case may be, or to proceed with the third party transaction provided,^ however, in the event of the latter, if such third party transaction is not concluded on materially the same terms as offered to Subtenant, then any subsequent third party offer falling within the scope of this paragraph will again be subject to the Subtenant's right of first refusal hereunder. (b) Anything in the foregoing to the contrary notwithstanding, this paragraph iSshall not apply to (i) any restaurant, food service facility or . Retail Operation ''in the Central Railroad Terminal Building; or (ii)I associated with the Battleship New Jersey. 47. Ferry Service License. Sublandlord agrees to use its best efforts to enforce and require performance by Landlord of it s obligation to provide a license to Subtenant to operate ferry passenger service from the front of the Central Railroad Building if and to the extent that Landlord determines to permit such service to and from said location. 48, Environmental Laws. (a) Subtenant represents that its present Standard Industrial Classification ("SIC") number designated in the Standard Classification Manual prepared by the Office of Management and Budget Executive Office of the President of the United States is 336203 55 I EXHIBIT GROUND LEASE TERM SHEET FOR MARINA CONSTRUCTION, OPERATION AND MAINTENANCE AT LIBERTY STATE PARK DATE: November 30, 2017 LANDLORD: New Jersey Department of Environmental Protection 401 E. State Street Trenton, NJ 08625 TENANT: SMI LL, LLC c/o Suntex Ventures LLC, 17330 Preston Rd., Suite HID, Dallas, TX 75252 LEASE PARCEL: The proposed Lease Parcel consists of two separate areas: (1) the Southern Marina Area consisting of approximately 45 acres (13 acres on land and 32 acres in water) and designated as Block 24501, P/0 Lots 2, 3, 5, 6 and Block 24306 and P/0 Lot 10, Jei'sey City, Hudson County, New Jersey; and (2) the Northern Marina Expansion Area, consisting of approximately 10 acres (2 acres on land and 8 acres in water) and designated as Block 15904, Lot 4, & P/0 Lots 3, 5, 6 and 7. Exhibits 1 and 2, attached hereto, provide an aerial view of the areas comprising the Lease Parcel. PURPOSE: Under the cuitent lease for operation of the existing northern marina area with Tenant, DEP is responsible for the operation and maintenance (O&M) of the bulkhead, which is in inuninent danger of failure. The costs to maintain and reconstruct the bulkhead pose significant financial and operational liabilities for DEP. DEP’s independent cost estimate to repair the bulkhead is up to $43 million. Should DEP not take immediate action, Tenant is authorized to abate rent payments that would deprive DEP of a significant component of its operations budget for Liberty State Pai'k. To address this significant outstanding financial liability, DEP is proposing to expand marina operations within Liberty State Park, as set forth herein, upon the express condition that Tenant agree to assume all cun-ent and future O&M responsibility for the bulkhead . The transfer of the bulkhead O&M responsibilities will be effectuated through lease amendments of the current lease. The current lease affords Tenant a right of first refusal for any marina expansion within Liberty State Park and authorizes DEP to directly submit this term sheet (Term Sheet) to Tenant. Based on the historical records defining the vision of Liberty State Park, a southern 1 marina was always Gontemplated in the location offered as part of tliis Term Sheet. PROJECT DESCRIPTION: The following parts A, B, C and D shall constitute the “Project.” All aspects of the Project shall be in completed in accordance with plans and specifications approved in writing by DEP within five (5) years of the effective date of any lease executed as a result of Tenant’s acceptance of this Term Sheet. A. Southern Marina 1. Tenant shall construct the following improvements within the land and water space identified on the attached Exhibit 1: i. Slips located on the Hudson River at the southern end of Liberty State Park, across from the lower tip of Manhattan; ii. Transient dockage; 2. Tenant may include the following in the land and water space identified on the attached Exhibit 1: i. 24-hour fueling facility; ii. Full-service maintenance; iii. Office, public restaurant, or restroom facility; iv. Marine store and other typical marina amenities; and 3. Tenant shall operate and maintain the existing public boat launch within the Southern Marina Area. B. Northern Marina Expansion 1. Tenant shall construct the following improvements within the land and water space identified on the attached Exhibit 2: i. Slips located on Morris Canal Big Basin to the east of the existing Liberty Landing Marina; and 2. Tenant may include the following improvements within the land and water space identified on the attached Exhibit 2: i. An office adjacent to the Northern Marina Expansion with public restroom C. Tenant shall execute an amendment to the current lease for the existing northern marina area to assume full responsibility for the replacement, operation and maintenance of the bulkhead adjacent to Liberty Landing Marina (approximately 3,500 linear feet). 2 D. Tenant shall further assume all responsibility for the construction, replacement, operation and maintenance of any other bulklieads constructed or utilized as part of the Project. LEASE: Tenant shall have twenty (20) days from the date above to accept or reject this Term Sheet, without negotiation. Should Tenant fail to accept or reject this Term sheet within the required timeframe, as may be extended in DEP’s sole discretion, this Tenn Sheet shall be deemed rejected. In the event that Tenant accepts this Tenn Sheet, DEP, as I.andlord, and Tenant, shall use commercially reasonable efforts to enter into a mutually satisfactory lease agreement (Lease) within thirty (30) days of the date of Tenant’s acceptance. The Lease shall be contingent upon Tenant obtaining all necessary approvals. DEP shall provide Tenant with a draft Lease containing the standard temis and conditions acceptable to DEP. Should the parties fail to execute a Lease within the required timeframe, as may be extended in DEP’s sole discretion, DEP may terminate this Term Sheet and neither party shall have any further obligations hereunder. LEASE TERM: COMMENCE­ MENT DATE: RENT: Twenty-five (25) years from the Commencement Date. Tenant shall have an option to extend the Lease for up to five (5) five-year renewal periods, for a total of an additional twent3'-five (25) years. I’he Lease Commencement Date shall be the date on which the Tenant and Landlord, ha ve executed the I>ease Agreement consistent with the terms outlined in tliis Term Sheet. In the event that the Commencement Date has not occunnd by December 31, 2017 then the DEP, in its sole discretion and without cost or liability shall be entitled to terminate this Ground I.ease Term Sheet. The Rent Schedule listed below is effective upon the date the lease is executed between Landlord and Tenant. Rent payments for each area shall commence from the date all permits and approvals are received to construct the respective marina facilities in each area. Thereafter, rent shall be due annually each year according to the Rent Schedule: 1. Minimum Base Rent - Southern Marina » See Exhibit 3 - Rent Schedule 2. Minimum Base Rent -Noilhern Marina Expansion • See Exhibit 3 -- Rent Schedule 3 Redacted pursuant to NJ.S.A. 47:1 A-1.1 as the information, which if disclosed would give an advantage to competitors/ bidders 3. Percentage Rent ~ Southern Marina and Northern Marina Expansion 4, For a period of 15 years (“Reduction Period”) from the commencement date. Tenant may reduce, the Percentage Rent due to I^andlord each year in an amount equal to costs actually incuiTcd by Tenant to remove, replace^roain^n, and repair the existing bulkhead inclusive of any reductions made up to a total amount o: in connection with Tenant’s operations at the northern marina, during the Reduction Period. REAL ESTATE TAXES AND OPERATING EXPENSES: ‘I’enaut shall be solely responsible for all real estate taxes, assessments, utilities and operating expenses associated with construction, operation and maintenance of the Project and any other improvements constructed under the Lease. FINANCING: I'enant may mortgage Tenant’s leasehold interest in the Lease Parcel in accordance with the terms of the Lease. OWNERSHIP; All improvements shall become the properly of the DEP upon expiration or termination of the T.ease. THIRD-PARTY EXPENSES: Each Party shall be re.sponsible for its own legal, advisory and other expen.ses associated with completion of this transaction. Additionally, the Tenant is responsible for any and all costs associated with preparation of plan.s, specifications, applications for permits or approvals, construction 4 and operation and maintenance of marina and other facilities on the Lease Parcel for the entire Term of the Lease Agreement. EXCLUSIVITY: OTHER PROVISIONS: During the period of negotiation of the Lease, Landlord shall not solicit or accept any other offers for lease of the Lease Parcel. Tenant shall constract and operate the Project in accordance with prevailing professional standards. Tenant shall maintain the Project in good repair, including but not limited to: maintenance and repair of walkways, parking lots, curbing, signage, boat ramps, pilings, bulkheads, riprap, coast line, structures, furnishings and existing State Park infrastructure of any kind located within the Lease Parcel. All final construction plans and specifications must receive DEP written approval prior to any application, or amendments thereto, for any permits or approvals. GOALS: The Lease shall incorporate and facilitate operations in accordance with the following goals: Goal 1: All Marina structures shall be designed to complement the Elistorically Designated Terminal building. Use of brick, stone, slate and other materials with design elements representing the Richardsonian Romanesque style of the Jersey Central RR Terminal are encouraged. The new stmctures shall avoid long expanses of uninteiTupted walls. This may be accomplished by using design elements including but not limited to decorative cornice, brackets, quoins, water tables, pilasters, keystones and arches. The size, scale and placement of all new stmctures shall minimize the visual hnpacts on the historic Jersey Central Rail Road Station and avoid blocking public views of the Manliattan Skyline, Liberty and Ellis Islands Goal 2: All new structures shall be constructed to the highest standai’ds of energy efficiency. All construction shall utilize green building design principles, construction and strategies aimed at increasing performance, reducing waste and improving quality of life. Goal 3: Marinas shall be designed to ensure that construction and operation will be in accordance with the New Jersey Marina Program “Best Practices.” PERMITS AND APPROVALS: 'I'enant shall be responsible for obtaining all approvals necessary for the execution of the I.ease and construction of the Project, with the assistance 5 of DEP, where required. While not exclusive, the following permits or approvals may be necessary; State Bond Counsel The State House Commission The Ogden-Rooney Process U.S. Army Corps of Engineers (US ACE) U.S. National Park Service (USNPS), including compliance with the existing Record of Decision for Northern Marina Expansion Section 106 of the National Flistoric Presei-vation Act of 1966 Land Use Regulation including, but not limited to, Freshwater and Coastal Wetlands, Coastal Area Facility Review, Flood Hazard, and Tlu'eatened and Endangered Species Riparian/Tidelands Any other applicable approvals PUBLIC PARTICIPATION: If Tenant accepts this Term Sheet, Tenant shall hold a public infomiation session at Liberty State Park within thirty (30) days of its acceptance. Additionally, DEP is responsible for ensuring compliance with standard reporting and public hearing requirements as specified by P.L. 1993, c.38, known as the Ogden-Rooney process. This process includes submitting a report to various legislative committees identifying all advantages and disadvantages, benefits and detriments of this conveyance and two (2) public hearings be held to solicit input from the general public and interested stakeholders. The report prepared by DEP will contain various commissioned reports supporting the terms of the Lease and DEP anticipates one hearing will be held at Liberty State Park. The OgdenRooney process will conclude with a vote before the State House Commission for final approval of the Lease. By execution of thj,s Term Sheet, the parties agree to use coimnercially reasonable efforts to negotiate and execute a lease consistent with the terms set forth herein. This Temi Sheet is not intended to be and shall not constitute a legally binding agreement to lease and shall not confer any rights upon Tenant to the Lease Parcel. 6 Acknowledged and Agreed To: LANDLORD: New Jersey Department of Environmental Protection By: Date: Title: TENANT: Suntex Marina Investors LLC By: Date: Title: 7 B ock 245D1 Bock 24306 M m m ri Block 27601 Loti Block 27601 Proposed Marina (40 ac) Parcels Data (Block and Lot) Exhibit 1 200 K S; B\o^15»® ■K E^ocklS® ^.it t Lots *■ ; '.Lot,^: >:4.^ * ‘ ’4 4V?*?’ 1 A iSfi 8\ocK159Q^ •Si mm-mjmmm- is;** m^- oc Lot 11 EXHIBIT 3 - RENT SCHEDULE iSnuthem Marina Northern Marina Expansion Redacted pursuant to N.J.S.A. 47:] AA .1 as the information, which if disclosed would give an advantage to competitors/ bidders EXHIBIT AMENDMENT OF LEASE day of TfflS AMENDMENT OF LEASE AGREEMENT (this "Amendment") is dated this 2017 (the "Effective Date"), by and between SMt LL, LLC, a Delaware limited liability company having an address at c/o Siintex Ventures, LLC, 17330 Preston Road, Suite 111 D, Dallas, Texas 75252 (“Tenant”), and the STATE OF NEW .JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, and having an address at 401 East State Street, P.O. Box 402, Trenton, New Jersey 08625 ("N.TDEP" of “Landlord”). WITNESSETH: WHEREAS, Liberty State Park Development Corporation, a New Jersey non-profit corporation, and NJDEP entered into a certain lease dated June 12, 1987, as modified by first amendment dated September 21, 1988 and second amendment dated March 4, 1996 (“Prime Lease”), for the development, construction, maintenance and operation of a full serwice marina complex located on approximately 50.648 acres of land and contiguous water which together comprises part of an area of Jersey City, Hudson County, New Jersey known as Liberty State Park and owned by the State of New J ersey (the “Premises”); and WHEREAS, on February 26, 1996, Dimeling, Schreiber & Park, a Permsylvania general partnership ("DS&P"), and Liberty State Park Development Corporation entered into a Sublease Agreement (the "Lease") under which Liberty State Park Development Corporation subleased the Premises to DS&P; and WHEREAS, on October 11, 1996, Liberty Slate Park Development Corporation consented in writing to the assignment by DS&P to Liberty Landing Marina, L.L.C., a New Jer'sey limited liability company ("Old LLM"), of all of the right, title and interest of DS&P in and to the Lease; and WHEREAS, on May 15, 2003, pursrrant to an Assigrunent and Assumption Agreement for Marina Complex by and between Liberty State Park Development Corporation and NJDEP, the Prime Lease was terminated, and Liberty State Park Development Corporation assigned to NJDEP, and NJDEP assumed fr-orn Liberty State Park Development Corporation, all interest in the Premises; and WHEREAS, on March 7, 2005, NJDEP, pursuant to an Assignment, Assumption and Amendment of Lease Agreement, consented in writing to the assignment by Old LLM to New Liberty Landing Marina, LLC (“New LLM”) of all of the right, title and interest of Old LLM in and to the Lease; and WHEREAS, on December 6, 2010, NJDEP consented in writing, pursuant to an Assignment, Assumption and Amendment of Lease Agreement (“2010 Amendment”), to the assignment by New LLM to Suntex LL Marina, LLC (“Suntex”) of all of the right, title and interest of New LLM in and to the Lease; and WHEREAS, pursuant to the 2010 Amendment, NJDEP and Suntex and agreed to amend the Lease to add a new Paragr aph 49 by which NJDEP, as Landlord, agr-eed to be solely responsible to remove, replace, maintain and repair' the existing bulldiead on the Premises; and WHEREAS, on October 22, 2015, NJDEP consented in writing, pursuant to an Assigmnent, Assumption and Amendment of Lease Agreement, to the assignment by Suntex to Tenant of all the right, title and interest of Suntex in and to the Lease; and WHEREAS, !LS a result of the transactions referenced above, NJDEP is the landlord and 'reliant is the tenant under the Lease; NOW, TITEREFORE, in consideration of the foregoing, and for good and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, NJDEP, as Landlord, and Tenatit (collectively, the "Parties"), intending to be legally bound, hereby agi-ee as follow's: 1. Amendment to the I.,ease a. Paragraph 6(a) of the J,.ease is hereby amended to provide that the Primary Term shall expire on May 1,2036. b. Paragrapli 7(a)(i) of the Lease is hereby amended to revised the chart incorporated therein only to provide that the fixed portion of Ba.sic Rent to be paid by Tenant to Landlord for the remainder of the Primary Term and including any subsequent Renewal Terms, shall be as follows: I .ease Year Annual Basic Rent Monthly Basic Rent s 5 The remaining provisions of Paragraph 7 shall remain unchanged. c. New Paragraph 49, which was added to the Lease pursuant to the 2010 Amendment, is hereby deleted in its entii'ety, including all subparts. The Parties expressly agree that Landlord is relieved of all obligations for any activities related to foe bulkhead including, but not limited to, its removal, replacement, maintenance and rep,air. The Parties also expressly actoowledge that maintenance and repair of the bulkhead is .subject to Paragraph 12 of the Lease as a part of the Premises (as defined therein) and that all activities related to the bulkliead incinding, but not limited to, removal, replacement, maintenance and repair i.s foe sole responsibility of the Tenant. d. A new Paragraph 7(6) is hereby added to read as follows: Redacted pursuant to N.J.S.A, 47:iA-l.l as the information, which if disclosed would give an advantage to competitors/ bidders (e) Any other provision of this paragraph notwithstanding, for a period of 15 years (“Reduction Period”) from the date of tliis Amendment, Tenant may reduce the Percentage Rent due to Landlord each year in an amount equal to the costs actually incuixed by Tenant to remove, replace, maintain and repafr the existing bulkliead inclusive of any reductions made in connection up to a total amount o with Tenant’s operations at the southern marina or northern expansion area, during the Reduction Period. 2. This Amendment shall be contingent upon and Landlord obtaining the approval of the Statehouse Commission. In tire event that Landlord does not obtain the approval of the Statehouse Commission this amendment shall be void and of no effect. 3. This Amendment shall be governed by and construed in accordance with the laws of the State ofNew.Iersey. 4. This Amendment shall be binding and enforceable upon each of the respective Parties and any of them respective, successors and assigns. 5. Unless otherwise provided in this Amendment, capitalized terms used in this Amendment shall have the meaning ascribed to them in the Lease. 6. Other than with respect to the amendments to the Lease contained or referred to in this Amendment, which shall supersede any contrary or inconsistent terms of the Lease, this Amendment does not modify, change or amend the Lease, and such Lease shall remain in full force and effect as amended hereby and the Lease shall be interpreted and construed accordingly. IN WITNESS WHEREOF, this Amendrnerrt has been signed, sealed and delivered by the Parties as of the date set forth in the acknowledgments below to be effective of the Effective Date. WITNESS SMI LL, LLC, a Delaware limited liability company By: Name: John D. Powers Title: President Redacted pursuant to N.J.S.A. 47:1AN .1 as the information which if disclosed would give an advantage to competitors/ bidders STATE OF TEXAS, COUNTY OF DALLAS SS.: Jolui D. Powers personally ,2015, I CERTIFY that on came before me and acknowledged under oath, to my satisfaction, that this person: President of SMI LL, of (a) is the__________ LLC, a Delaware limited liability company, the Tenant named in this instnxraent; and (b) was authorized to and did execute this instrument as the act of said Tenant. Notary Public [signatures continued on following page] ii I WITNESS STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Name: Bob Martin Title: Commissioner STATE OF NEW JERSEY, COUNTY OF MERCER SS,: I CERTIFY that on , 2017,________ me and acknowledged under oath, to my satisfaction, that this person: personally came before (a) is the COMMISSIONER OF STATE OF NEW .lERSEY, DEPARTMIINT OF ENVIRONMENTAL PROTECTION, the Landlord named in this instrument; and (b) was authorized to and did execute this instrument as the act of said Landlord. ii Notary Public [Remainder of page intentionally blaifk] Jonathan P. Vuotto, Attorney No. 021372004 RIKER DANZIG SCHERER HYLAND & PERRETTI LLP Headquarters Plaza One Speedwell Avenue Morristown, NJ 07962-1981 (973)538-0800 Attorneys for Plaintiff, City of Jersey City SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, HUDSON COUNTY DOCKET NO. CITY OF JERSEY CITY, Plaintiff, CIVIL ACTION V. SMI LL, LLC c/o SUNTEX VENTURES LLC and NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, CERTIFICATION OF SAM PESIN Defendants. SAM PESIN, of full age, hereby certifies as follows: 1. I am a Jersey City resident and am the President of The Friends of Liberty State Park (the “Friends”). I have personal knowledge of the facts of this case and the facts set forth herein. I submit this Certification in support of the City of Jersey City’s application to restrain the defendants in this case from proceeding with a proposed agreement (“Agreement”) which would cause irreparable harm to present and future park users by devastating the public’s access to, use of and enjoyment of the non-commercial, peaceful southern area of Liberty State Park (the Park”). 2. Jersey City donated 156 acres to the state in 1965 for the purpose of creating the future Park, which opened on June 14, 1976. 3. The vision of the Park’s founders, including Morris Pesin, Audrey Zapp, New Jersey Department of Environmental Protection (“NJDEP”) Commissioner Richard Sullivan and Theodore Conrad, was that the Park be a free family park behind the Statute of Liberty. With the 1 4. founders’ vision in mind, the Friends and our supporters have fought to oppose privatization efforts, including the present matter, within the Park. There have been more than forty years of fights against privatization efforts and there has been consistent, overwhelming public sentiment in favor of keeping the Park free from privatization. The proposed project for the development of a marina in the southern area of the Park is opposed by the Friends and Park supporters. See the attached excerpts of letters attached hereto as Exhibit A; see also the Star-Ledger editorial attached hereto Exhibit B, the Record editorial attached hereto as Exhibit C, the Star-Ledger op­ ed by the Friends and the NY/NJ Baykeepers attached hereto Exhibit D. 4. The Friends is an all-volunteer, officially recognized Friends Organization of the New Jersey Division of Parks and Forestry. It is a grassroots open space park advocacy organization that has been dedicated to the Park since 1988. The Friends have been engaged in many issues and projects with the free and green park vision and have persisted in our mission of advocating for, protecting, beautifying and promoting the Park. We have represented the broad public Central Park” type park without major consensus for a Frederick Law Olmsted commercialization and privatization. We have supported bike/kayak rentals, the current CRRNJ Terminal cafe plan and periodic weekend admission-fee events to raise park revenue and expose new people to the Park. 5. The Friends have strongly encouraged public participation in decision-making on the Park’s future, to help create a park “for the ages” for all to enjoy. We spearheaded the establishment of the state's largest playground in the Park and recently advocated for new equipment, and also the creation of the Park’s shuttle bus system (terminated under Gov. Christie) which comiects to the Liberty State Park Light Rail Station. We sponsor a Spring cleanup of the salt marsh and support Park history and nature programs. We have funded 2 4 various gifts to the Park, including planting over 750 trees, planting flower beds, erecting signs marking areas of historical significance, purchasing binoculars, and providing accessories to the Park’s kayaking program. We co-sponsor the Hudson County Earth Day Festival, which is held in the Park. In addition, our gardening program has many volunteers throughout the year who plant, weed, and take care of the Park’s many flower beds. 6. As a member of the Park’s Public Advisory Committee, the Friends have strongly supported a plan to develop a new 235 acre nature restoration area within the Park. It will include nature trails; a 100-acre forest, tall grass habitat; freshwater wetlands; a salt marsh re­ created by a channel entering from the Hudson River; and an open space perimeter. NJDEP expects to begin construction on this new natural area in Spring 2018. When completed, it will be among the nation’s largest urban nature restoration project. The new space will enhance the public’s use and enjoyment of the Park. 7. To date, NJDEP has not conducted a study to ensure that the proposed development of a marina in the southern area of the Park includes adequate waterfront public access. Public waterfront access is an issue of great importance to the Friends. The southern area of the Park is an especially critical area for waterfront access. 8. I cannot oppose this proposed project more strongly. The proposed marina development of the southern area of the Park is social injustice as it would confiscate scarce urban public land used for free public recreation and turn it over for private use. The public land that will be destroyed in this project is critical public space that includes a four acre picnicking lawn with approximately one hundred trees east of the public boat launch lot and the popular and historic jetties. The proposed project will obstruct expansive, tranquil vistas of the upper New York Bay, take away one of two free parking lots in the southern area of the Park, a major loss of 228 3 public parking spaces, likely harm wildlife, and completely change the character of the southern part of the Park. The blessing that this area of the Park currently provides to the people of New Jersey will be vanquished by this proposed project. 9. Specifically, the area contains historically significant jetties. While these jetties need to be restored and funds are expected in the new administration, many fishermen and their families, nature explorers, and people seeking to relax on the jetties, very mueh enjoy this special part of the Park and its rich history. Of particular historical note, this area includes the site of the “Black Tom” explosion, the World War I terrorist attack in 1916 that set off the disastrous munitions depot explosion. 10. In addition, the area in question is used for water recreation that may have to discontinue if the proposed project goes forward. The Park’s naturalists offer seasonal kayak eco-tours to hundreds of people and the kayaks are launched from a small beach area on the easternmost jetty in the area in question and there is no other access for these craft anywhere in the Park or the vicinity. Bringing hundreds of larger boats into the area might cause eongestion and wakes that could make this currently peaceful channel unsafe for kayaks and other small sailing craft. 11. NJDEP has not conducted a study to ensure that the proposed development of a marina in the southern area of the Park takes adequate care to account for conservation concerns. The Park is, in part, restored wetlands. There are conservation concerns that need to be taken into consideration with any development plan in a restored wetlands area. 12. In particular, many species of birds use New York Bay and the Hudson River as a migratory route from South and Central America on their way to their breeding grounds in the boreal forests of Canada and the tundra of the Arctic. The birds head north in the Spring and back south in the Fall. This passage is referred to as the Atlantic Flyway. New York Bay and 4 the Park in particular is at the nexus of several migratory routes within the Flyway. The New Jersey chapter of the Audubon Society considers Caven Point, which is directly south of the area in question, a significant avian habitat because it is an oasis along the Atlantic Flyway and thus attracts a large number of bird species. Caven Point is also noted for two great annual natural migrations: monarch butterflies from central Mexico, and horseshoe crabs from the Atlantic Ocean come to Caven Point each year. Because of the timing of the proposed project, there have been no studies yet undertaken, so it is unclear what impact this development project would have on the migrating birds, butterflies, and horseshoe crabs. 13. In addition to the migrating populations, the Park has abundant, year-round wildlife and serves as a natural edueation center. Caven Point Peninsula has been officially designated as a nature area by NJDEP in its statewide natural area system because of its abundanee of wildlife. The Park nature interpretive staff have taken thousands of urban school children to Caven Point to allow them to engage with nature. The children get to do seining to net fish, crabs and other marine life on Caven Point’s sandy beach (there is no similar beachfront access for 10 miles in either direction along the Hudson River). Again, because the timing is such that no studies have been undertaken, it is unclear what impact boat motors and wakes might have on this wildlife. 14. Further, to date, the NJDEP has not eonducted a study to ensure that the proposed development of a marina in the southern area of the Park takes adequate care to account for environmental degradation, water pollution, air pollution, and land pollution coneerns. The Park was constructed over petrochemical and petro carbon fill. The water, and land below the water and Park, may contain contaminants that could lead to increased pollution in the air, water, and soil in and around the development of the south-end marina. 5 15. In particular, while no testing has yet been undertaken, the sediment beneath the waters where the marina would be constructed is extremely likely to contain known contaminants. As NJDEP is aware, the sediment along the south side of the Park is known to contain contamination in some, if not throughout, of this entire area. For point of reference, adjacent wetlands at the Park’s Caven Point Peninsula and uplands and wetlands on adjacent Liberty National Golf Course required tens of millions of dollars for contamination remediation. Caven Point and Liberty National Golf Course are directly south of the area in question. In addition, the sediments under the water of the marina on the north end of the Park, which is already operated by Suntex, are known to be heavily contaminated. 16. There has been no testing by NJDEP to determine the extent and depth of the sediment along the south side nor has testing been done to determine the array of contaminants in that sediment. We do not know what quantity, of what toxic contaminants, would be dispersed how far into the water column and surrounding areas if this area is dredged for a marina. We do not know what risk disturbing the sediment below the water in this area poses to the public who fish, kayak, and enjoy the Park. 17. Likewise, we do not know what risk disturbing the sediment below the water in this area poses to the fish, marine life and abundant bird species that forage in these waters, adjacent wetlands and uplands. With so many unknowns, no contract should be signed without determining environmental viability of this site for a marina and its impact to human health and the surrounding environment. 18. Of particular concern to me is that urban residents, mostly of low and middle income, use the southern area to picnic, barbeque, play, bike, fish, and explore nature. The accessibility of the southern area and the free parking lots allow urban residents critical access to the Park and 6 allow them to enjoy all of the Park’s amenities. The Park is a sacred local, state and national treasure. The Park’s southern area is the urban people’s “backyard:” a haven, oasis, refuge, sanctuary and escape for urban families and individuals living in a very densely populated and concrete city and region. The Park is integral to park users’ quality of life and a powerful mental health, recreational and spiritual public resource. Jersey City residents and visitors from around the state, nation and world are inspired by the close proximity to the Statue of Liberty afforded by the Park, and the sweeping, panoramic harbor views. Destroying the free and beautiful character of the southern area by turning the area over to private developers is, in essence, taking away inclusive, public access to the Part for regular, working people and their families and handing it to a private entity for an exclusionary use. I certify that the foregoing statements made by me are true and accurate. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. So/m. SAM PESIN Dated: December 28, 2017 7 Exhibit A EXHIBIT A from Certification of Sam Pesin Excerpts from emails to NJDEP Commissioner which were forwarded to or copied to Sam Pesin (and couple from hard copy letters and couple letters to editor) The Jersey Journal Letters To The Editor 12/20/17 From former Jersey City Chief of Police Robert Cowan Marina just a land grab for wealthy When I was a kid growing up in the Greenville section of Jersey City, Liberty State Park may have only been a thought, or at best a written plan containing some maps. The location that is now Liberty State Park was train yards and weeded fields, my brothers and our friends used to make our way down there from Seaview Avenue to play; at times we would be there all day, only coming home when the "street lights went on." When Liberty State Park became a reality, I remember my dad going there every Sunday morning to read his newspapers. He would park in the lot that outgoing Governor Christie plans to have consumed by the proposed marina at the South End of Liberty State Park; I would meet my father there on many Sunday mornings. While working at the Jersey City Police Department from 1979 until 2014,1 had the opportunity to see the immense use and happiness the park had brought not only Jersey City families, but people from all over the state and quite frankly, from all over our vast country. 11/17/2017 JBleecker927@aol.com The very concept of desecrating the Park in this manner is a detestable abomination. Such a profound alteration of the Park should never receive serious consideration. Richard Bleecker Date: Sun, 12 Nov 2017 12:57:40 -0500 From: Cheryl Russo In recent years I have noted how nice the picnic grounds on the south shore of Liberty State Park have turned out and how many families are enjoying them. I see mostly working class minority families - Black, Hispanic - that probably don't live in the greatest neighborhoods. I literally think about how much they need this beautiful place to come together with friends and strengthen family bonds...______________________________ 11/7/17 lawflash@gmail.com from Douglas Fleisher, Esq. Parking is already a problem in that section of the park due to its popuiarity with Hudson County and New Jersey residents who do not have many open space options. 1 From; Andrew Brook Date; Sat, 11 Nov 2017 22;18;31 -0500 As a boat owner 1 fully appreciate the attraction of a marina on New York Harbor. However, as a resident of Jersey City and a frequent visitor to Liberty State Park I firmly believe that the value of the Park to all citizens, especially those who cannot afford to own a boat, should take precedence. A busy marina would disrupt this aspect of the park, sacrificing the enjoyment of many for the benefit of a privileged few. Date; Sun, 12 Nov 2017 From: Paula Jensen As a 16 year homeowner in Jersey City, I am writing to request that you put an end to the constant and ridiculous attacks against Liberty State Park. Liberty State Park is a peaceful sanctuary where I (and countless others) can relax and find some peace.__________________ From: Deirdre Newman deirdre.newman@gmail.com Date: Mon, 13 Nov 2017 Liberty State Park is a very unique place that’s meant to be a refuge...a paradise for us city dwellers who can find so little natural beauty, peace and quiet in this urban area. It is a treasure and, very importantly, a precious habitat for plants, birds and other fauna. It is my and so many other’s place of solace. We need it to remain as it is. Perfect. From: Ramie Kelly ramie.kellv@amail.com this email was signed by Rachel M. Cullen Date: Mon, 13 Nov 2017 10:04:14 -0500 Liberty State Park is mv backyard, mv playground, my quiet space. Do not take that away from me, my family and my neighbors, in exchange for a marina that will obstruct our views, disturb our peace, and encroach on our space. Please Commissioner Martin, keep Liberty State Park as is - a beautiful, safe, peaceful open space for the residents of New Jersey to enjoy and cherish. Stephanie Daniels sent this hard copy letter to the Commissioner Right now, that is the area where regular families go to enjoy what little open space and clean air there is in Hudson County. Children run and play, people barbecue, fish, dance, ride bikes, and spend summer weekend days outside enjoying the one place that is accessible, open, and inviting on the Hudson County/Jersey City waterfront. 2 From: "clara@illustratingforscience.com" Date: Tue, 14 Nov 2017 11:56:29 -0500 The south shore of the Park, with its jetties, provides opportunities unique to this whoie area and is beioved by many. Any marina wouid drasticaiiy reduce —remove compieteiy— most people’s direct access to the water. This is the oniy piace in the park where peopie can waik directiy up to the intertidai water’s edge. On a hot summer day the cool breeze blowing up the Narrows draws many peopie daiiy and on weekends for a myriad of activities, both quiet and energetic. Another aspect of the area is its broad views. From that side of the park a person can take in the breadth of the harbor and the breadth of history in the area. If anything were to be developed it should be people’s ability to connect with the rich history and natural history of the area. From: meeSI9 mee819@aol.com Mary Ellen Egan Sent: Tue, Nov 14, 2017 1:11 am Bayonne, NJ 07002 We are hard-working individuals who also deserve a "piece of the pie." I am not referring to material wealth; I am referring to the right to enjoy our park; our right to enjoy the beautiful scenery; our right to look upon Lady Liberty and see her in all her grandeur, not the opulence of fancy yachts. Leave our park alone. We who live in urban areas are not privy to the bucolic settings of the countryside, yet we are probably the people that need it most. Our lives are constantly bombarded with noise, dirt, throngs of people, and a myriad of disturbances to the peace we crave and our lives need. From: Lissa Welles Date: Tue, Nov 14, 2017 at 11:36 AM I bike through Liberty State park almost every week. I see dozens of other cyclists, joggers, walkers, people of all ages coming to enjoy the outdoors and get some exercise too. We need this park to remain a park for ALL people, including access to the waterfront for exploring, boating, fishing, birdwatching, and more. We have much used parking lots on the south end of the park. People picnic here nonstop from spring through fall. Come down on any weekend and you will see the volume and diversity of the people enjoying nature. 3 From: Bob Harris Date: Tue, 28 Nov 2017 We (the citizens of NJ) have one of the most beautiful state parks in the entire country, and again we must defend the people's natural, man-made and commercial free environment from the unilateral whims of our public servants. This should not be the case every several years to have to waste the energy and resources of those who love the park as is and free of commercial interests. From; Andy Velwest Date: Sat, 11 Nov 2017 We desperately need open spaces where we can create our own fun for free, while we connect with our family, friends and neighbors, and appreciate the beauty that mother nature and mankind have created together in this spot. Parks are not created to generate revenue, they are a public good that we gladly pay our tax dollars to maintain. They improve the quality of life in the surrounding area, which promotes healthy living, which in turn reduces health care costs, which in turn lowers the burden on government services. 11 Nov 2017 From: Chrissy Roberts Date: Sat, 11 Nov 2017 19:15:25-0500 ...It is public space used by families and children, joggers and walkers, cyclists. It is used by people with no yard who just want to go lay a blanket down and read a book. Date; Sun, 12 Nov 2017 From: database - It gives the residents of the surrounding areas a place where they can calm down, relax and recharge. It is as close to nature as people living/working in city environments can get. EB From: Neelima Sapre neesapre@gmail.com Date; Mon, 13 Nov 2017 12:20:19 -0500 Mv famiiv. like so many NJ famiiies. have enioved those picnic grounds and views since our first arrivai here in the U.S. The park has always been a cherished respite from the noise and commotion of everyday urban living. The idea that those grounds, views, and protected natural habitats may now be reserved for the exclusive enjoyment of a select and advantaged few seems unconscionable and is guaranteed to have a pernicious effect on the cuiture of diversity that is Jersey City's haiimark. 4 Date; Wed, 29 Nov 2017 from Anthony Cafiero From: ac725729@aol.com senior citizen The current proposal is to build a marina along the park’s Southside in immediate proximity to the popuiar family picnic area. Those of us who use and love LSP are adamantly opposed to the plan. If implemented, the marina will likely be used by those who own very expensive pleasure boats and this inevitably would be a noisy distraction to area picnickers who come to enjoy quiet relaxation with friends and family. The marina is certainly not needed at LSP, and in no way is it in the public’s interest At 03:58 PM 11/12/2017, Bill Beren wrote: Beren1@verizon.net When Liberty Park was first created, I worked with then NJDEP Commissioner David Bardin to help ensure that the park was first and foremost a natural refuge and urban park. This meant no commercial development and the creation of an urban wildlife refuge in the most densely populated urban area in the country. Upper Montclair From: Lucy Rovetto lucyrovetto@me.com Date: Sun, 12 Nov 2017 07:44:46 -0500 I regularly bring international friends/visitors to enjoy this serene area with its beautiful views of the harbor, Verrazano Bridge and our Lady.______________________________ From: Emmy Tiderington harsimuscove.emmy@gmail.com Sun, 12 Nov 2017 This is a valuable community space that deserves protection. There is enough marina space bordering the park as-is and I believe that installing further commercial space along the non-commercial southside would ruin the peaceful atmosphere that our residents' most value in Liberty State Park. From: Carol Kobak Date: Sun, 12 Nov 2017 10:53:01 -0500 Liberty State Park is a haven for our families. Its south side picnic area is used by countless number of families. A commercial enterprise of any kind near this area would be an insult to those families. Shame on you for even considering this plan to benefit the few over the many. From: "Melissa E. Paparone" Date: Mon, 13 Nov 2017 16:33:28 +0000 The views are second to none, and more commercialization (especially on that side of the park) will ruin not only the open space that is there, but the views that open space allows. 5 Nov. 13 sent as letter to Commissionerthomas.j.vanarsdall@gmail.com Liberty State Park is our “Central Park” and the citizens of Hudson County want it protected. Liberty State Park is one of the only sizeable green spaces in the Jersey City area where families and tourists are able to do various outdoor activities and enjoy the amazing views of our country’s heritage. On Thursday, December 14, 2017, Laura Foord wrote: Anyone who has gone to the Park in the summertime knows the beauty of that particular shoreline. One sees many families enjoying the beauty of unspoiled nature in that place. For many families, I am certain that it is their only real, reachable piece of wildness. Just like the Grand Canyon and large national parks out West, the Liberty State Park space can never be restored once it has been damaged in the way that is currently being planned. We can't, after 10 years, just say 'oops' and bring it back to its current greatness, after polluting and gutting it. From: AgnesGmail Date: November 13, 2017 at 12:01:23 PM EST A marina on the south side would be an abomination. This is a quiet area where people come to seek respite from the clutter and pressure of daily life. Wildlife needs this area unencumbered for its survival. From: mary kelly Date: Mon, 13 Nov 2017 12:06:51 -0500 Liberty State Park provides a haven for those of us who live in our densely populated urban communities of North Jersey. Please protect for us the special beauty, tranquility and open space opportunities that offer all our citizens and visitors a peaceful place to enjoy our waterfront. Mary A. Kelly Hoboken Quality of Life Coalition From: nportfan@hotmail.com Date: November 13, 2017 at 3:40:41 PM EST That park is truly an oasis in a region of industrial development and ever-expanding skyscrapers. Now that the area is “prime real estate,” the service of the common good is supposed to be subjugated to service of the high end, luxury market? 6 From; Lisa Simms Date: Mon, 13 Nov 2017 05:12:29 -0500 Development of any kind in Liberty State Park demeans the park. It says to folks who use and love the park, “You are not important. Your enjoyment of open space is not important.” The southern end of Liberty State has beautiful trees that entice park users to picnic, play Frisbee, walk, and simply enjoy the park’s magnificent views.___________________ From: Susan Forte Date: Wed, 22 Nov 2017 16:17:06 -0500 It's fine that we want to protect this area of the park for our own recreational use, but the bigger picture is one of both preservation AND conservation. It's time we acted in service to the inhabitants of the park-plants and animals, everything that grows and thrives on the land and in the surrounding waters-as well as those who enjoy its beauty and tranquility. Farnilies enjoy the w-aterf^^^^ Journal file photo) 7 State Park in Jersey City last September. {Jersey Bv Jersey Journal Guest Columnist By Colin Egan Who knew that there was an outbreak of vampirism along the Jersey City waterfront? The undead in this case isn't a creature with fangs and a cape living in a foreboding castle, but rather an idea that just won't die in at least some State offices in Trenton: that Liberty State Park - one of the greatest public resources created anywhere in the latter half of the 20th century - should be commercialized, privatized or otherwise used in order to make money. It is instructive to remember that LSP was created not as a result of think tanks or white papers nor private investment, but because of the vision and perseverance of civic activists who looked at rotting, abandoned railyards in the shadow of the Statue of Liberty and Ellis Island, and envisioned parkland that would be a free oasis in a crowded, urban area, open to all as a living, green tribute to the spirit of freedom that's been nurtured and maintained by all who emigrated to America and the generations that have followed. And when the first part of the park opened in 1976, it brought an extraordinary sense of reclamation to the people of Jersey City and all of New Jersey who were given back a place to enjoy their Hudson River shoreline, which had been totally cut off for the better part of a century by railroads and other industrial uses. In the four decades since, LSP has more than lived up to its founding vision, becoming an integral part of our community and region that contributes a tremendous boost to our quality of life and even self-image. But almost from the very beginning, and at regular intervals since, some politicians and bureaucrats in Trenton have eyed the parkland put aside for the people who flock there to enjoy its passive beauty and simple openness, and thought "How can money be made from that?" And so there's been a barrage of proposals floated one after the other over years to give huge swaths of LSP away to build a theme park, amphitheater, golf course, or the like. Colin Egan is part of the Friend’s of Loews in Jersey City. 8 Exhibit Christie thinks Liberty State Park needs something to obstruct the view Editorial NJ.oom 12/29/2017 Menu Set Weather v Subscribe v Search NEW JERSEY OPINION Christie thinks Liberty State Park needs something to obstruct the view Editorial Updated Dec 8; Posted Dec 8 30 284 shares By Star-Ledger Editorial Board, eletters@starledger.com You'd think that Gov. Christie would have learned by now that Liberty State Park is not for sale, but as a parting thumb-in-the-eye to the 5 million people who visit the crown jewel of our park system, he wants to drop a massive yacht marina on its shoreline. Essentially, he thinks that picnic and fishing areas need a few hundred fuel-sucking monsters that spit noise and smoke and crud into the tidal salt marsh while blocking everybody's view of the upper bay. http;//vww.nj.com/opinion/index.ssf/2017/12/christiejhinksjiberty_statejDark_needs_something.html 1/4 Christie thinks Liberty State Park needs something to obstruct the view Editorial NJ.com 12/29/2017 This administration would try to privatize anything that isn't nailed down, and this is another bridge too far. Our Department of Environmental Protection wants to lease a 500-yard stretch of waterline for marina development on the south side - the noncommercial side of the park - to the Texas-based company that runs the marina on park's north end. The cost? No charge, as long as the same company repairs a damaged bulkhead in the existing marina. The consequences, however, are horrendous: According to the lease term sheet obtained by Friends of Liberty State Park, two parking lots for nearly 250 vehicles get bulldozed. Worse, they also ignore that the park's south zone is a family place. It is where picnic benches and barbeque pits sit under a magnificent grove of sycamores tilted in perfect symmetry - away from the promenade traffic - and where people fish off the jettys and launch their kayaks. http://www.nj.com/opinion/index.ssf/2017/12/ohrlstiejhinksjiberty_state_park_needs_somethlng.html 2/4 Christie thinks Liberty State Park needs something to obstruct the view Editorial NJ.com 12/29/2017 Here, you have an unobstructed view of the VerrazanoN arrows. Now that vista will be blocked by a fleet of Ocean Alexanders, trailer storage facilities, and giant fences. Or just picture Tony Soprano at the wheel of Stugots and multiply it by a hundred. The families don't need this. No park needs this. And when the DEP holds the required public hearings on the issue - preferably after the holidays - the governor must hear about it. We're not against all development. Public amenities are valuable, and even though there is no rule that says parks must make money, LSP generates $1.5 million annually from two restaurants and the north marina. But our governor's commercial obsession runneth over. In 2014, he tried to shift park control to a commission that oversees development. In 2015. his DEP floated a hotel and a fieldhouse. Each time he loses the debate, because you can't protect sacred ground by taking it from the people whose taxes pay for it. Three years ago, our state's too scientists and academics told Christie to lay off Liberty State Park, because it is the standard for urban ecological stewardship and "one of the nation's best examples of the Public Trust Doctrine." http://www.nj.com/opinion/index.ssf/2O17/12/chri8ti0jhinksJiberty_state_park_needs_something.html 3/4 Christie thinks Liberty State Park needs something to obstruct the view 1 Editorial NJ.com 12/29/2017 We can't say it better than that, Governor. Now kindly back away before you can't resist the urge to do further damage. Bookmark NJ.eom/ODinion. Follow on Twitter @NJ Opinion and find NJ.com Opinion on Facebook. Advance Digital Registration on or use of this site constitutes acceptance of our User Agreement and Privacy Policy © 2017 New Jersey On-Line LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of New Jersey On-Line LLC. Community Rules apply to all content you upload or otherwise submit to this site. (> Ad Choices http://www.nj.com/oplnion/index.ssf/2017/12/christiejhinksjiberty_state_park_needs_something.html 4/4 Exhibit New Year Sale $9”/yr. SUBSCRIBE (HTTP;//OFFERS.NORTHJERSEY.COM/RJWON7 GPSSOURCE = BENBDEC&UTM_MEDIUM = NANOBAR&UTM.SOURCE = BOUNCEEXCHANGE&UTM_CAMPAIGN = NEWYEAR) T^FunTruck'n BlfifiiR SfOCKING! Q^^^Acci-siiblc Van Sales, Kenuils & Service' 221> US Highseay 46 Wcsi Saddle Brook, NJ 07663 I^BtaunMiiity Editorial: Leave Liberty State Park alone NorthJersey Published 5:05 p,m. ET Dec. 4, 2017 It’s unclear whether there will be an eleventh-hour attempt by the outgoing Christie administration to put a marina on the south side of Liberty State Park. But it is very clear that the park was created for the public’s use, not private business interests. Also clear - at least for now - are extraordinary views of New York Harbor. They must be preserved. As Staff Writers Joan Verdon and Scott Failon report, nearly 250 people assembled at the park Saturday to protest the possible addition of a second marina at the park. There is commercial development on the north side that includes a private marina and two restaurants. The Christie administration explored further development at the park in 2014. The purported aim was to bring more revenue to make the park self-sufficient. (Photo: Joan Verdon/northjersey.com) Sf * 1 .ii ■Iff iii 8$ ■»i M li % iS 8 li 3 #' f mhm % iS A view from the waterfront at Liberty State Park, looking across the Hudson River to lower Manhattan and the new World Trade Center tower. (Photo: Tariq Zehawi/NorthJersey.com) Opposition was loud and effective; the plan was dropped. But there is concern by park advocates that a new deal is in the works. The New Jersey Department of Environmental Protection hasn’t confirmed that, and a spokesperson for the agency has said that any development would be subject to a public process. Yet we have seen how public process can be more of a show than a genuine dialogue. Sam Pesin, president of the Friends of Liberty State Park, which organized Saturday’s protest, said the park is “a speciai gift from the people to the peopie.” We agree. It took time and commitment from both the public and private sectors to transform what was once a wasteland into a park that attracts 5 million visitors a year. Liberty State Park: Liberty State Park protest seeks to biock second marina f/storv/news/2017/12/02/iibertv-state-park-protest-seeks-block-secondmarina/914108001 /f Yet some public officiais want to make parks pay for themselves, rather than acknowledge tax dollars should be doing just that. There are organizations that raise private funds to keep public parks in good repair, helping offset funding shortages without compromising park integrity. Look at New York’s magnificent Central Park. But look farther across the East River at the new Brooklyn Bridge Park being created out of former warehouse piers and you can see the uneasy mix between large-scale commercial development at the fringes of the park and the park itself. The development has affected views and changed the character of the area as much as the new park has. In the New York case, perhaps one was needed for the other, but we cannot allow Liberty State Park to undergo such a metamorphosis. Jim Beckerman's destination, the waterfront at Liberty State Park In Jersey City, Is now the site of Empty Sky, Now Jersey's official 9/11 monument. (Photo: TARIQ ZEHAWI/NonhJersey.com file photo) On Monday, President Donald Trump went west to shrink two national monuments in Utah, Bear Ears and Grand Staircase-Escalante. The former will be reduced by 85 percent and the latter by nearly 46 percent. The new opened-up land could be explored for energy resources. On one level, what is playing out in Utah is a debate about whether the federal government can remove vast amounts of land from commercial development. Some see it as a land grab. But others - people like Theodore Roosevelt - saw it not as a grab, but as an act of preservation. Join now for as low as $0.99/WEEK Subscribe Now (http://offers.northjersey.com/rjwon * gpssource=BEAZdec&utm_meclium=agi ityzone&utm_source=bounce" exchange&utm_campaign=UWEB2017) Here in New Jersey, we do not have the millions of acres of preserved land, as does - or did - Utah, So our open space is even more cherished and valuable, not as an economic resource to be exploited, but as a scenic treasure to be respected. Liberty State Park affords a grand vista of New York Harbor, the portal to America for millions of immigrants. Generations to come should see that promise, not another marina. Read or Share this story: https://njersy.co/2zN5FA8 Exhibit Don't let Christie fence you out of Liberty State Park before he leaves office Opinion NJ.com 12/29/2017 Menu Set Weather v Subscribe v Search NEW JERSEY OPINION Don't let Christie fence you out of Liberty State Park before he leaves office I Opinion Updated Dec 5; Posted Dec 5 25 227 shares By Star-Ledger Guest Columnist By Greg Remaud and Sam Pesin Liberty State Park is an urban oasis located along the Hudson River behind Ellis Island and the Statue of Liberty. It's in Jersey City, one of the most densely populated and diverse cities in the country. However, people from all over New Jersey and around the world come to visit the park's myriad cultural, historic and natural splendors. In fact, the park hosts 4 million to 5 million visitors each year. http://www.nj.eom/opinion/index.ssf/2017/12/dontjet_ohristie_fence_you_out_ofjiberty_state_p.html#inoart_riverjndex 1/6 12/29/2017 Don't let Christie fence you out of Liberty State Park before he leaves office Opinion NJ.conn Despite the value and popularity of this national treasure, Gov. Chris Christie, with only a month and a half left in office, is racing to lease away the amenity-filled southside waterfront at Liberty State Park. He wants it fenced off to the public for an exclusive, private yacht marina. The governor must really like fences. When he was elected eight years ago, a world-class, 230-acre natural restoration for the interior the park was funded and ready to go. Rather than opening public access to beautiful nature trails in an area fenced from public use for over a generation, Christie courted condo, sportsplex and hotel leases throughout the park. Thankfully, a powerful statewide grass-roots backlash prevented that commercial leasing spree. But, the interior fence remains. What's at stake this time? Loss of a half-mile of scarce, free, public relaxation and recreational opportunities for the hardworking taxpayer in an irreplaceable setting. http://\A/\AAfl/.nj.com/opinion/index.ssf/2017/12/dontJet_christieJenoe_you_out_ofJiberty_state_p.html#incart_riverJndex 2/6 12/29/2017 Don’t let Christie fence you out of Liberty State Park before he leaves office Opinion \ NJ.com On the park's south side, countless people of all economic classes and cultural backgrounds enjoy no-cost family picnicking, fishing, bicycling, kayaking, birdwatching and panoramic vistas of the New York Harbor, along with use of a public boat launch. A private marina here would block people from both this cherished public space and direct interaction with the water, a rare opportunity along the built-up and congested Hudson River Gold Coast. The two free southside parking lots would be confiscated for marina operations - paid parking for yacht owners and their guests, an office building and boat racks like those on Liberty's north side that drastically limit public activities. Where would the rest of us now park to get to the popular, shaded barbecue picnic area, playfields, concerts and events. Flag Plaza, the 2-mile-long Waterfront Promenade and awe-inspiring closeup views of Lady Liberty from Overlook Lawn? Green space, distant from the waterfront, would be paved to replace existing public parking. This means less natural land and longer walks for visitors. And, who would pay for marina slip and channel dredging, and address disturbed contaminated sediment? Likely, your tax dollars. http://www.nj.eom/opinion/index.ssf/2017/12/dont_let_christiejence_you_out_ofjiberty_state_p.html#incart_riverjndex 3/6 Don't let Christie fence you out of Liberty State Park before he leaves office Opinion NJ.com 12/29/2017 All this devastation to the park visitor experience, and for what? A second private marina for Christie's pals at Dallasbased Suntex, who already operate Liberty Landing Marina at the park's north end. (Original 1978 plans suggested a small public marina on the park's south side. Instead, a large private marina was built on the commercial north side.) The trumped-up excuse for leasing prime parkland to this predetermined, no-bid vendor is to fund repairs to damaged bulkheads. However, from Day One, this administration diverted park maintenance funds from that purpose. Other monies are available to fix the bulkhead. No, this marina is not about bulkheads, boats or saving tax dollars. It is about restricting enjoyment of this peaceful, noncommercial southern waterfront to only the wealthiest among us. Imagine, this travesty would be only a torchlight's shine from our nation's greatest symbol of freedom and democracy. It is clear, this marina scheme is a last-minute sweetheart deal, and a first-rate social injustice that must be stopped. We trust that, again, people and elected leaders throughout New Jersey, including our new governor-elect, Phil Murphy, and Lt. Gov.-elect Sheila Oliver, will fight to http://www.nj.eom/opinion/index.ssf/2017/12/dontjet_christie_fence__you_out_ofjiberty_state_p.html#lncart_riverjndex 4/6 12/29/2017 Don't let Christie fence you out of Liberty State Park before he leaves office Opinion NJ.com protect public-trust amenities for all at Liberty State Park. Christie's private-marina threat should be dropped immediately. If not, public hearings must be held, and they should take place after the holiday season on a Saturday to ensure full public engagement. Greg Remaud is deputy director at NY/NJ Baykeeper (nynjbaykeeper. org). Sam Resin is president of the Friends of Liberty State Park. Bookmark NJ.com/Opinion. Follow on Twitter @NJ Opinion and find NJ.com Opinion on Facebook. http://\www.nj.com/opinion/index.ssf/2017/12/dontjet_christle_fenoe_you_out_ofjiberty_state_p.html#incart_riverjndex 5/6 12/29/2017 Don't let Christie fence you out of Liberty State Park before he leaves office Opinion NJ.com Advance Digital Registration on or use of this site constitutes acceptance of our User Agreement and Privacy Policy © 2017 New Jersey On-Line LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of New Jersey On-Line LLC. Community Rules apply to all content you upload or otherwise submit to this site. Ad Choices http://www.nj.eom/opinion/index.ssf/2017/12/dontjet_christie_fence_you_out_ofjiberty_state_p.html#incart_riverjndex 6/6