Barretts Run Bid Package 2026 – Barretts Run NJDEP Lease Agreement

Hopewell Township July 20, 2026 Barretts Run NJDEP Farm Lease Agreement (PDF) (opens in a new window)

Farm Lease Agreement

Barretts Run Tract

THIS AGREEMENT is made on the ____ day of ____________, 2026, BETWEEN Hopewell Township, Cumberland County, 590 Shiloh Pike, Bridgeton, NJ 08302 hereinafter referred to as the Landlord AND ______________________ hereinafter referred to as the Tenant.

WHEREAS, the Landlord, The Township of Hopewell, is the sole owner and managing entity of the following properties: Lots 3, 3.01 and 4 of Block 35; consisting of a total of approximately 143.3± acres, excluding public roadways and accessways, not all of which is farmable, as depicted in Schedule A attached and made a part of this Farm Lease Agreement (hereinafter “Lease”); and

WHEREAS, the Landlord has agreed to lease certain farmable acres (hereinafter, collectively, “the Property”) to Tenant for the sole purpose of producing and harvesting certain crops; and

WHEREAS, portions of the Property are Green Acres funded parkland (specifically Lots 3.01 and 4), subject to Green Acres Restrictions at N.J.A.C. 13:8C-1 et seq., and N.J.A.C. 7:36 et seq., as may be amended and supplemented; and

WHEREAS, portions of the Property are subject to one or more Deeds of Conservation Restriction (specifically Lots 3.01 and 4), all of which are attached to, and incorporated into, this Lease as Schedule B of the Lease; and

WHEREAS, the Landlord and Tenant agree that portions of the Property will be made available to the general public for passive recreation in compliance with Article 23;

NOW, THEREFORE, in consideration of the payment of rent to be made by the Tenant as hereinafter provided and the mutual covenants hereinafter made, the parties agree to the following terms and conditions.

1. Use of Land

1.1 Tenant agrees to use the specified farmable portions of the Property for the sole purpose of producing and harvesting crops in the areas depicted on Schedule A, consistent with the provisions and subject to the restrictions set forth in the Deed of Conservation Restriction attached as Schedule B, and subject to the restrictions set forth in attached Schedule C and the services to be performed as listed in Schedule D. Tenant’s use of Property includes the active, personal and direct on-site supervision and control of the farm and all farming operations. In entering into this lease, and consistent with the Green Acres restrictions on the Property, Landlord wishes to engage Tenant to farm the Property in furtherance of Landlord’s conservation objectives of establishing native warm season grass meadows to improve grassland bird habitat and soil composition.

1.2 Notwithstanding anything to the contrary contained herein, the Tenant’s rights under this Lease shall be subject to, limited by and exercised in accordance with the Green Acres Restrictions at N.J.S.A. 13:8C-1, et seq. and N.J.A.C. 7:36 et seq., as may be amended and supplemented and the terms and conditions of the Deeds of Conservation Restriction in Schedule B. Furthermore, the Tenant shall ensure that the Property continues to be operated for conservation and recreation purposes in accordance with the Green Acres Restrictions.

1.3 Subject to the provisions of Article 21 of this Lease, the Tenant shall not undertake any major change to the Property including the improvements on the land, the land itself, hedgerows and woods without the express written approval of the Landlord. For the purposes of this paragraph, “major change” shall be defined as constructing any new structures, either permanent or temporary, enlarging any of the improvements, buildings and other structures on the land and/or clearing of vegetation other than crops, and/or the disturbance, excavation or re-grading of soils, but shall not include routine disturbance of soils necessary to plant Tenant’s crops. The Tenant shall not cut, injure, or remove any trees or shrubs.

1.4 Tenant shall not conduct or allow to be conducted any activity for the public on the Property.

1.5 Tenant shall not conduct or allow to be conducted, any commercial or retail sales operations on the Property including, but not limited to, Community Supported Agriculture (CSA) or farm stands.

1.6 Landlord shall not be responsible for any damage to Tenant’s crops for, but not limited to: vandalism, deer and wildlife activities, fire, explosion, hunting, the elements, public use of the Property or otherwise during the Term of this Lease.

1.7 The Property shall be farmed using management practices that conserve soil and water, such as those agricultural management practices approved by the State Agriculture Development Committee under the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., and that minimize the use of herbicides, pesticides, and fertilizers in accordance with the Pesticide Control Code at N.J.A.C. 7:30.

1.8 Tenant has no right to conduct any agricultural or forestry related activities on forested portions of the Property. The Property subject to this Lease consists of approved and existing open areas as depicted on Schedule A.

1.9 Pursuant to N.J.A.C. 7:36-25.13(b)10iii, the Tenant’s use of the Property shall not adversely impact any documented occurrence of a threatened, endangered, or rare species or the habitat of such species. Tenant acknowledges that the restrictions and services to be provided outlined in Schedules C and D of this Lease are intended to prevent such adverse effects and must be followed to maintain compliance with this Lease. If adverse impacts to such species occur, Landlord in its sole discretion, reserves the right to limit any agricultural activity or to terminate the Lease entirely.

2. Soil Conservation

The Tenant shall apply soil conservation techniques to maintain the soil quality of the Property and comply with all the provisions and restrictions set forth in the Deeds of Conservation Restriction and restrictions set forth in attached Schedules B, C and D.

3. Tenant’s Water Rights

This Article is intentionally omitted from this Lease.

4. Term

4.1 The original term of this Lease shall begin on October 1, 2026 and expire on September 30, 20__, unless sooner terminated as hereinafter provided. Following rent payment, completion of services provided pursuant to Schedule D and notification of Tenant to Landlord of at least sixty (60) days prior to the termination of date of its desire to renew the Lease, the Tenant may seek to renew this Lease for a renewal term of five years. If Tenant does not provide timely notice of its desire to renew the Lease, Landlord shall be free to use or re-let the property in any manner it wishes upon the conclusion of the term. Prior approval by the New Jersey Department of Environmental Protection (NJDEP) is required for renewal of this Lease.

4.2 In the event that the Landlord determines to utilize the property for other open space or park and recreation purposes, the Landlord has the absolute discretion to direct the Tenant to vacate the designated areas without any liability to the Tenant for the value of services performed. If this is done, the Landlord will allow Tenant reasonable and sufficient period of time to adequately harvest any crops that have been planted on said lands.

5. Rent

Rent shall consist of a monetary payment of $________ per acre for a total of $________ and completion of additional services as outlined in Schedule D for each year of the __-year period ending September 30, 20__. The Monetary Payment shall be payable in full each year on or before January 31st, and services for the prior year must be performed or scheduled prior to payment. Failure to pay the Monetary Payment and provide additional services as outline in Schedule D is grounds for termination of this Lease, in addition to all other remedies available to Landlord provided by law. The per acre rental rate reflects the significant limitations imposed by this lease on the type of agriculture permitted and manner in which it may be performed. The per acre rental rate also reflects the value of the services provided by Tenant by creating and maintaining warm season grassland habitat for birds and other native fauna.

All rental payments shall be used for operating maintenance or capital expenses related to its funded parkland or its recreation program as a whole.

6. Condition of Property

The Property is leased to and accepted by Tenant in their present condition and without representation or warranty of any kind by Landlord including, without limitation, any representations or warranty of fitness for a particular purpose. Tenant has made a physical inspection of the Property and has found the same satisfactory for all purposes of this Lease.

7. Maintenance, Repairs and Utilities

7.1 Tenant shall comply with all laws governing farm and/or seasonal labor including, but not limited to: New Jersey State Seasonal Farm Labor Act, Crew Leader’s Registration Act and Drinking Water and Toilet Facilities Act and Regulations.

7.2 Tenant shall keep and maintain the Property in a safe and sanitary condition and in accordance with attached Schedule D.

7.3 Tenant shall deliver a peaceable possession of the Property to Landlord upon termination of this Lease in as good repair and condition as they were delivered at the commencement of this Lease, ordinary wear, loss by fire or unavoidable destruction, or those routine farming practices that are permitted under the terms of this Lease excepted. The parties acknowledge that during the course of farming operations, certain chemicals, including pesticides, herbicides and other chemicals, which may be classified as hazardous substances by the State or Federal Government, have been used and will continue to be used on the land in accordance with this Lease and all Applicable Laws. Tenant will not use any portion of the Property or permit any other person or entity to use any portion of the Property for storage, generation, manufacture, disposal, transportation or treatment of any Hazardous Substances except for the farmland use stated above. Tenant will not use any portion of the Property or permit any other person or entity to use any portion of the Property for storage, generation, manufacture, disposal, transportation or treatment of any Hazardous Substances for any purpose in violation of Applicable Laws. Should any contamination occur as a result of Tenant’s use of the Property, Tenant shall be responsible for the cost to remediate the contamination.

8. Compliance with Laws

8.1 Tenant shall, at Tenant’s sole cost and expense, comply in the operation of the Property and the conduct of any activity thereon with all duly promulgated and applicable federal, State and local laws, ordinances, rules and orders affecting Tenant’s operations and activities on the Property. Notwithstanding anything to the contrary contained herein, the Lessee’s rights under this Lease shall be subject to, limited by, and exercised in accordance with the Green Acres Restrictions at N.J.S.A 13:8C-1 et seq., and N.J.A.C. 7:36, as may be supplemented or amended.

8.2 If Tenant is issued a summons or any notice of violation of any duly promulgated and applicable federal or State law, rule or order (including any license, permit, certification, or approval) affecting the Property or Tenant’s operations and activities thereon, Tenant shall immediately forward a copy of the notice or summons to Landlord and Tenant shall have such period of time to correct said violation as is prescribed in the summons or notice. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Lease and Landlord may terminate this Lease. Tenant shall indemnify, defend and hold harmless Landlord against all liability, claim, loss or payment of any kind arising from Tenant’s failure or omission to comply with any such license, permit, certification, authorization, approval or any duly promulgated and applicable federal, State or local law, ordinance, rule or order.

9. Security

Tenant shall, at Tenant’s sole cost and expense, be responsible for security of the Property. Landlord shall not be responsible to Tenant, its agents, employees, contractors or invitees, express or implied, for personal injury, death and/or loss, damage or destruction of equipment, supplies, materials or personal property placed or stored on the Property.

10. Access to Property

Landlord and its contractors, agents or employees shall have the right of ingress and egress on, over and across the Property and the right to enter any building or structure thereon at any reasonable time.

11. Signage

Tenant shall not permit any signs or advertisements of any description to be painted or posted on any of the buildings or structures, or about the Property, unless approved by Landlord in writing. Landlord shall maintain any signage on the Property in compliance with Green Acres regulations in N.J.A.C. 7:36-25.12.

12. Damage to Property

12.1 In the event of any damage to or destruction of the Property, any portion of the Property, any improvements thereon, or any other property caused in whole or in part by Tenant, its contractors, agents, servants, employees or invitees, or arising in whole or in part from Tenant’s failure to implement sound farming practices or failure to implement proper soil conservation and management practices (hereinafter collectively referred to as “Damage”), Tenant shall and at Tenant’s sole cost and expense promptly repair such Damage, unless Landlord, in its sole discretion, determines that such Damage should not be repaired. If Landlord determines that such Damage should not be repaired, Tenant shall be responsible to Landlord for the diminution in value of the Property and/or the cost to repair such Damage. In making the determination as whether Tenant failed to implement sound farming practices or immediate remediation measures to prevent soil erosion or soil conservation and management, Landlord may consult the appropriate Soil Conservation District and/or the New Jersey Department of Agriculture or it successor agency. Said repairs shall include but not be limited to the removal of damaged structures or replacement of damaged structural components as determined by Landlord and the implementation of immediate remediation measures following the Natural Resource Conservation Service guidelines and specifications for damage caused by soil erosion.

12.2 All repairs and/or restoration by Tenant of Damage to the Property shall be completed in accordance with plans and specifications submitted to and approved by Landlord.

13. Indemnification

13.1 Tenant, Tenant’s heirs, executors, administrators, successors and assigns, agree that the Landlord and NJDEP will not be liable for loss, injury or damages to any person or property. Tenant assumes all risks and liabilities arising out of the use of the Property and agrees to indemnify, protect and hold harmless the Landlord and NJDEP and hereby releases the Landlord, NJDEP and each and every one of both the Landlord’s and NJDEP’s officers, agents, employees, successors and assigns from any and all liability, claims and costs which may in any manner arise out of, be occasioned by, or result from the use of the Property. Tenant shall indemnify NJDEP such that NJDEP receives the same protections and coverage as the Landlord under this Lease.

13.2 Landlord and Tenant shall, as soon as practicable after a claim has been made against either of them, give written notice thereof to the other and to NJDEP, along with full complete particulars of the claim. If the suit is brought against either Landlord or Tenant or any of their agents, servants and/or employees, they shall expeditiously forward or have forwarded to the other and to NJDEP, every demand, complaint, notice, summons, pleading, or other document received by or then in their possession or the possession of their representative.

13.3 It is expressly agreed and understood that any approval by Landlord of the work performed and/or reports, plans and specifications provided by Tenant shall not operate to limit the obligations of Tenant assumed pursuant to this Lease.

13.4 Tenant’s liability under this provision shall continue after the termination or expiration of this Lease, with respect to any liability, loss, expense or damage; provided, however, that such liability shall not extend beyond that established in any applicable statute of limitations.

13.5 This indemnification obligation, as provided in Articles 13.1 to 13.4, is not limited by but is in addition to the insurance obligations contained in this Lease.

14. Insurance

14.1 Tenant shall, at its sole cost and expense, obtain and maintain at all times during the Term of this Lease and require all of its contractor(s) and subcontractor(s) (including but not limited to any person providing any service and/or conducting any activity as part of Tenant’s occupancy and use of the Property) to secure and maintain in force at all times during the construction of any project and/or the provision of any service and/or conduct of any activity as part of Tenant’s occupancy and use of the Property, insurance on the Property for liability for damages imposed by Law and assumed under this Lease of the types and in the amounts hereinafter provided:

(a) Comprehensive general liability insurance as broad as the standard coverage form currently in use in the State of New Jersey which shall not be circumscribed by any endorsements limiting the breadth of coverage (including coverage for product liability, protection, indemnity, Tenant owned or operated motor vehicles, broad form contractual liability, completed operations and broad form property damage endorsements) against claims for bodily injury, death or property damage occurring on, in or about the Property. Limits of liability shall not be less than $1,000,000.00 per occurrence for bodily injury liability and for property damage liability combined single limit;

(b) Worker’s compensation and employers liability insurance applicable to the Laws of the State of New Jersey, if Tenant employs workers, with limits of not less than $100,000.00 per occurrence for bodily injury liability and $100,000.00 occupational disease per employee with an aggregate limit of $500,000.00 occupational disease except that if Tenant does not have employees working for him/her, such insurance will not be required; and

(c) Such other insurance and in such amounts as may from time to time be reasonably required by Landlord against other insurable risks which at the time are commonly insured against in the case of Premises similarly situated with due regard to the type improvements and type of use and operations to be conducted by Tenant under this Lease.

14.2 All insurance coverage required to be maintained by Tenant in accordance with this Lease shall be issued by an insurance company authorized and approved to conduct business in the State of New Jersey. Tenant shall name the Landlord and NJDEP as additional insureds and provide both the same protections under any insurance policies required herein pursuant to N.J.A.C. 7:36-25.13(b)9.

14.3 Tenant shall further be required to provide Landlord with copies of each policy required under this Lease certified by the agency or underwriter to be true copies of the policies provided Tenant.

14.4 In the event Tenant fails or refuses to renew any of its insurance policies to the extent required by this Lease or any policy is canceled, terminated or modified so that the insurance does not meet the requirements of this Lease, Landlord shall immediately suspend all of Tenant’s operations on the Property until Tenant obtains insurance coverage in satisfactory form in compliance with this Lease or terminate this Lease.

14.5 Tenant expressly understands and agrees that any insurance protection required by this Lease shall in no way be interpreted to modify, limit or reduce the indemnifications herein made by Tenant to Landlord or to limit Tenant’s liability hereunder to the proceeds of, or premiums due upon the policies of insurance required to be maintained by Tenant under this Lease nor shall insurance requirements preclude from taking such other actions as are available to it under any provision of this Lease or otherwise in law.

15. Report of Injury

Any injury which shall occur to Tenant, his servants, agents, or invitees express or implied requiring medical intervention of which Tenant shall be notified shall be reported to Landlord immediately and in writing within twenty four (24) hours of incident.

16. Modification, Assignment, Sublease, or Government Program

16.1 Tenant shall not sublease the whole or any part of the Property, assign or transfer this Lease or Tenant’s responsibilities under this Lease or the operations authorized hereunder. Any modifications to this Lease must be approved by both Landlord and NJDEP in writing.

16.2 Tenant shall not enroll or apply to enroll Property into any federal, state, or local government sponsored agricultural or habitat management program, including but not limited to the federal Wildlife Habitat Incentives Program (WHIP), Conservation Reserve Program (CRP), and Wetlands Reserve Program (WRP) without the prior, express written permission of the Landlord.

17. Suspension of Operations

Tenant shall, at the direction of Landlord, immediately suspend, delay or interrupt all or any part of its activities on the Property for such period of time as Landlord determines to be appropriate to protect public health, safety, welfare, and property. The primary reasons for issuance of such an order will be the occurrence of hazardous work conditions, emergency conditions, failure by Tenant to adhere to this Lease or any other reason where continuance of operations may detrimentally impact the health, safety, and welfare of persons on site, the public, or State-owned property. Tenant hereby waives any claim for damages or compensation as a result of Landlord’s action under this clause.

18. Termination

18.1 Landlord may, in addition to any other right or remedy provided for by law or in equity, terminate this Lease for failure to comply with the terms and conditions of this Lease and/or the existence of any condition which Landlord determines to be in violation of the terms and conditions. The following shall be considered material breaches, for which Landlord may terminate the Lease:

(a) Tenant’s failure: (i) to maintain any of the insurance policies to the extent required by this Lease or to provide Landlord with valid certificates of renewal of insurance upon expiration of the policies, or (ii) to pay, when due, rent, or other sums required to be paid by Tenant hereunder and the continuation of such failure to pay for a period of (10) business days after Tenant’s receipt of written notice thereof from Landlord served by Certified Mail, Return Receipt Requested; and

(b) Tenant’s failure to perform and/or comply with any of the other covenants, agreements and/or conditions herein contained. Upon receipt of a written notice of termination for violation served by Certified Mail, Return Receipt Requested, Tenant shall have thirty (30) days to begin to cure such violation. If such violation is not substantially cured within said thirty (30) day period, termination shall, in the discretion of Landlord, be effective at the conclusion thereof. In the event that the conditions which give rise to the default are of such nature, proceeds to remedy the default are of such nature that they cannot reasonably be remedied within the notice period, then such default shall not be deemed to continue so long as Tenant, after receiving such notice, proceeds to remedy the default as soon as is reasonably possible within the notice period and continues diligently to take all steps necessary to complete such remedy within a reasonable period of time.

(c) Tenant’s interference with other uses of the Property, including but not limited to habitat management and public passive recreation and access.

18.2 If Landlord shall fail to cure any material default of Landlord of which it has been notified by Tenant in writing, within the time reasonably required to cure such default, Tenant shall have the right to terminate this Lease, upon thirty (30) days written notice of Tenant’s intention to terminate hereunder, which right shall be in addition to any and all other remedies available to him.

18.3 In the absence of default by Tenant or Landlord, the term of this Lease shall terminate in accordance with paragraph 4.

18.4 Except as otherwise explicitly set forth herein, expiration of this Lease or termination of this Lease by either party as herein provided shall not release or discharge any payment, obligation, or liability owed to the other party or any third party under the terms and conditions of this Lease as of the date of such termination.

18.5 In the event of any termination of or upon the expiration of this Lease, Tenant shall immediately cease all operations on any of the Property and:

a) remove any equipment and other personal property;

b) clean up and remove all trash, garbage and debris; and

c) deliver up use of the Property to Landlord in as good condition as it was delivered at the commencement of this Lease.

18.6 Landlord may at once re-enter and remove any and all persons occupying the Property. If Tenant shall fail to comply with all of the requirements set forth in paragraph 18.5 above within the time described by any notice of termination, or before the expiration of this Lease, Landlord may appropriate the same to its own use without allowing any compensation therefore, or may remove the same at the expense of the Tenant. In the event Tenant causes any damage to the property when complying with the provisions of paragraph 18.5 above, Tenant hereby covenants to pay any and all damages.

18.7 In the event Landlord exercises its right to terminate this Lease, with or without breach by Tenant, Landlord shall not be liable to Tenant or any other person claiming by or through Tenant for any losses, damages, costs, or expenses (including reasonable attorney’s fees and expenses) or other claims occasioned by such termination.

19. Creation of Liens or Encumbrances by Tenant

Tenant shall not permit to remain and shall promptly discharge, at its own cost and expense, all liens and charges upon the Property or part thereof arising out of or by reason of any labor or materials furnished or claimed to have been furnished or by reason of construction, alterations, addition, or repair of any part of the Property. Notice is hereby given that Landlord shall not be liable for any labor, services or materials furnished or to be furnished by Tenant, or to anyone using the Premises through or under Tenant, and that no mechanic’s or other such lien for any such labor or materials shall attach to or affect the interest of Landlord in and to the Property. Tenant shall not be allowed to mortgage the properties under this Lease, nor shall Tenant be allowed to mortgage its interest in this leasehold.

20. No Discrimination

Tenant shall not discriminate against any employee or applicant for employment because of age, national origin, race creed, color or sex. 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.

21. Improvements

21.1 Tenant shall not commence or let any contract for a Structural Improvement, or make or allow any physical change in the Property (“Improvement”), unless Tenant submits to Landlord and obtains written approval by Landlord of a plan (the “Improvement Plan”) for the Improvement. This prohibition against physical changes in the Property without prior written approval of Landlord includes, but is not limited to:

(a) Erection of new structures and/or addition to or renovation of existing structures;

(b) Installation of gates, locks or chains;

(c) Installation of any equipment, permanent fixtures or utilities;

(d) Any physical change in the landscape;

(e) Fencing; and

(f) Water or sewage systems

21.2 Notwithstanding the above, Tenant shall not construct any buildings on the Property, and Landlord shall not approve any improvements that are not consistent with the Green Acres Rules, N.J.A.C. 7:36 et seq., as may be amended or supplemented, or the deeds of conservation restriction in Schedule B.

21.3 If Tenant removes its improvements, the Tenant shall restore the Property to the condition that existed prior to the improvements being constructed or installed.

22. Independent Principal

Tenant shall, at all times, act as an independent principal and not as an agent or employee of Landlord. Tenant agrees not to enter into any agreement or commitment on Landlord’s behalf.

23. Public Use/Access

Public Access: Portions of The Property will be available to the general public for passive recreation, according to the Landlord’s rules of operation as posted on the Property, including being open for nature observation during daylight hours. No motorized vehicles, fires, or dumping are permitted on the Property.

24. Notices

All notices, requests and other communications under this Lease shall be in writing and addressed to Landlord or Tenant as the case may be.

If to Landlord: Rosa Maria-Brambila, Township Clerk, Hopewell Township Municipal Building, 590 Shiloh Pike, Bridgeton, NJ 08302, Telephone: (856) 455-1230, Email: municipalclerk@hopewelltwp-nj.com

With simultaneous copy to: Matthew W. Ritter, Esq., Township Solicitor, The Ritter Law Office, L.L.C., P.O. Box 320, Bridgeton, NJ 08302, Telephone: (856) 451-3030, Email: mritter@ritterlawoffice.com

If to NJDEP: Caroline Keefe, Regulatory Officer, New Jersey Department of Environmental Protection, Office of Transactions and Public Land Administration, 401 E. State St., P.O. Box 420, Mail Code 401-07B, Trenton, NJ 08625-0420

Notices are considered given (a) when personally delivered, (b) the next day after it is received by reliable overnight commercial courier (charges prepaid), (c) on the third day after it is deposited with the United States postal service (postal prepaid, certified mail, return receipt requested) or (d) on the day transmitted by telefax or other electronic means of transmission if successful completion of the transmission is electronically confirmed.

25. Succession and Binding Agreement

Except as otherwise set forth herein, all of the terms and provisions of this Lease shall be binding upon and shall inure to the benefit of Landlord’s successors and assignees and Tenant’s heirs, executors, administrators, and personal representatives.

26. Attachments

The following are attached to and made a part of this Lease:

Schedule A – Aerial Photo Maps Showing Farmable Acreage Calculation and The Property

Schedule B – Deed of Conservation Restriction

Schedule C – Restrictions

Schedule D – Services Performed

27. Entire Agreement

The parties hereto agree that this Lease represents the entire agreement between the parties; all negotiations, oral agreements and understandings are merged herein.

IN WITNESS WHEREOF, the said parties have duly executed this Lease on the day and year first written.

Landlord: Hopewell Township, Cumberland County

By: Robin S. Freitag, Mayor

Tenant: ______________________

Schedule A

Aerial Photo Maps Showing The Property (Lots 3, 3.01, and 4 of Block 35) and Farmable Acreage Calculation

Block 35 Lot 3.01, Block 35 Lot 3, Block 35 Lot 4. Hopewell Township Park, Hopewell Crest Elementary School, Mary Elmer Drive, Sewall Road, Kinkle Road.

*Note – Lot 3 of Block 35 not covered by Green Acres restrictions.

*Note – acreage calculation rounded to 90 acres.

Schedule B

Deed of Conservation Restriction

This Deed of Conservation Restriction is made and entered into as of this 29th day of August 2013, at 1:00 PM and thirty seconds, between American Littoral Society, Inc., a charitable conservancy as defined in N.J.S.A. 13:8B-2, whose post office address is 18 Hartshorne Drive, Suite 1, Highlands, NJ 07732 (“Grantor”), and the State of New Jersey, Department of Environmental Protection (“DEP”), having its principal office located at 401 East State Street, Trenton, New Jersey 08625 (“Grantee”).

Tax Map Reference. Grantor owns 31.380% of the fee simple interest (“Interest”) in certain lands in the Township of Hopewell, County of Cumberland, State of New Jersey, which lands are known as Block 35, Lots 3.01, 3.02 and 4, and Block 34, Lot 2.01, on the respective Tax Map of Hopewell Township, Cumberland County, and which lands are more fully described on Schedule A attached hereto and incorporated by this reference (“Property”). The remaining fee simple interest is presently owned by the City of Bridgeton (27.788%) and the County of Cumberland (40.382%).

Purpose. It is the purpose of this Deed of Conservation Restriction to ensure: (1) that the Property will be retained forever predominantly in a natural, scenic, and open condition; (2) that the Property will be used only for recreation and conservation purposes, as defined in the Open Space Preservation Bond Act of 1989, L. 1989, c. 183, in the Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992, L. 1992, c. 88, and in the Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995, L. 1996, c. 204; and/or Garden State Preservation Trust Act, L. 1999, c. 152 (collectively, “Bond Act”), and in any regulations promulgated pursuant to the authority of the Bond Act (“Regulations”), now codified in N.J.A.C. 7:36-1.1 et seq. (such purposes, collectively and individually, “Park Purposes”); (3) that development or other rights in or appurtenant to the Property will not be transferred to, or used for the benefit of, any other property; (4) that the Property will not be used as open space for or appurtenant to any other property; (5) that the Property will be open and accessible for public use and enjoyment for such purposes and, more specifically, for the purposes described below after the caption “Use of Property”; (6) that the Property will not be subdivided; and (7) that any use of the Property that will significantly impair or interfere with the recreation and conservation values of the Property will be prevented.

Transfer of Ownership. To the extent of its Interest, Grantor, for and in consideration of Grantee’s $297,690.07 matching grant used for the acquisition of the Property, and pursuant to the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 through 13:8B-9 (“Conservation Restriction Act”), hereby transfers, assigns, and grants to Grantee, its successors, and its assigns, (1) a conservation restriction on the Property for the purpose of restricting its use to Park Purposes; and (2) all development rights, except as specifically reserved to Grantor in this Deed of Conservation Restriction, which are now or hereafter allocated to, implied in, reserved to, or inherent in the Property (“Development Rights”). Grantee shall not use, convey, transfer, or assign the Development Rights and assigns to Grantor the concurrent right to enforce this restriction on the use of the Development Rights. Grantee now terminates and extinguishes all Development Rights for other than Park Purposes and covenants that they shall neither be used or transferred to any portion of the Property or to any other property nor used for the purpose of calculating permissible lot yield of the Property or any other property. Grantee shall not subdivide the Property. The provisions of this Deed of Conservation Restriction shall run with title to the Property and shall encumber the Property unless they are released in compliance with the requirements specified in the Conservation Restriction Act and in compliance with any requirements specified in the Regulations.

Promises by Grantor. Grantor, for itself, its successors, and its assigns, agrees to maintain, protect, and use the Property only for Park Purposes. Grantor, its successors, and its assigns shall not sell, lease, exchange, or donate the Property except to the State, a local government unit, or another qualifying tax exempt, nonprofit organization, pursuant to N.J.A.C. 7:36-25.5. The Property shall remain subject to this Deed of Conservation Restriction after any approved conveyance.

Grantor covenants that it shall not permit any of the following activities on the Property:

1) Removal or destruction of any tree, shrub, or other vegetation now existing on the Property, except if the Commissioner has approved of the activity in writing as necessary or convenient for use of the Property for the Park Purposes described in this Deed of Conservation Restriction.

2) Excavation, dredging, removal, or placement of topsoil, sand, gravel, loam, rock, or other mineral substance from or on the Property, except if the Commissioner has approved of the activity in writing as necessary or convenient for use of the Property for the Park Purposes described in this Deed of Conservation Restriction.

3) Construction of any building, structure, or road on the Property, except if the Commissioner has approved of the activity in writing as necessary or convenient for use of the Property for the Park Purposes described in this Deed of Conservation Restriction.

4) Dumping or placing of landfill material, trash, waste, or unsightly or offensive materials on the Property, except clean fill may be placed if all necessary permits have been obtained and the Commissioner has approved of the activity in writing as necessary or convenient for use of the Property for the Park Purposes described in this Deed of Conservation Restriction.

5) Notwithstanding the foregoing, Grantee agrees that Grantor may, with prior notice:

a) engage in such soil and water conservation practices or management activities as may be necessary, provided such practices and activities are consistent with an overall management plan submitted by the Grantor, and protect the conservation values associated with the Property, including but not limited to removing vegetation which poses a health or safety hazard or to remove invasive plant species;

b) construct, maintain, improve, replace or repair roadways, bridges, paths and trails, fences, stiles, interpretive and directional signs, and related and associated structures necessary for the public’s recreation and convenience;

c) impose terms, conditions and restrictions upon the use and ownership of the Property which are in addition to or more restrictive than this Deed of Conservation Restriction, provided that the Property will be open and accessible for public use and enjoyment and that any use of the Property will not significantly impair or interfere with the recreation and conservation values of the Property.

Deed Description

Lots 3.01, 3.02, 4, Block 35 and Lot 2.01, Block 34

March 7, 2013

Hopewell Township, Cumberland County, New Jersey

All that certain tract or parcel of land located along Sewall Road and Mary Elmer Drive in the Township of Hopewell, County of Cumberland, New Jersey, bounded and described as follows:

BEGINNING at a point in the Southerly right-of-way of Sewall Road (variable width), 25′ Feet distant from the centerline thereof, being common corner to Lots 4 and 5, Block 35, evidenced by a concrete monument set, Corner No. 1 (N 227,135.59 Feet, E 273,987.54 Feet), grid coordinates and the bearings that follow are New Jersey State Plane Coordinate System NAD 83(2011), and extending;

1. Along the lot line common to Lots 4 and 5.01, Block 35, North 17 Degrees 50 Minutes 08 Seconds West, a distance of 25.49 Feet to a point in the centerline of Sewall Road; Thence

2. Along said centerline of Sewall Road, North 83 Degrees 26 Minutes 51 Seconds East, a distance of 152.58 Feet, to an angle point; Thence

3. Continuing along said centerline, North 84 Degrees 11 Minutes 51 Seconds East, a distance of 271.25 Feet, to an angle point; Thence

4. Continuing along the same, North 84 Degrees 56 Minutes 51 Seconds East, a distance of 798.31 Feet, to a point, common corner to Lots 3.01 and 3.11, Block 35; Thence

5. Along the Westerly line of Lot 3.11, Block 35, South 12 Degrees 44 Minutes 40 Seconds East, a distance of 263.13 Feet, passing over an iron rebar found 19.43 Feet from the origin of this line, to a point evidenced by an iron rebar found; Thence

6. Along the Southerly line of Lots 3.11 and 3.12, Block, North 85 Degrees 03 Minutes 20 Seconds East, a distance of 355.06 Feet, to a point evidenced by an iron rebar found; Thence

7. Along the Southerly line of Lot 3.12, Block 35, North 83 Degrees 47 Minutes 20 Seconds East, a distance of 36.23 Feet, to a point evidenced by an iron rebar found; Thence

8. Along the Easterly line of Lot 3.12, North 06 Degrees 12 Minutes 40 Seconds West, a distance of 262.36 Feet, passing over rebar found 241.51 Feet from the origin of this line, to a point in the centerline of Sewall Road; Thence

9. Along said centerline of Sewall Road, North 83 Degrees 33 Minutes 31 Seconds East, a distance of 675.87 Feet, to a point common corner to Lots 3 and 3.01, Block 35; Thence

10. Along lot line, common to Lots 3 and 3.01, Block 35, South 03 Degrees 44 Minutes 16 Seconds East, a distance of 1686.63 Feet, passing over a concrete monument set 25.03 Feet from the origin of this line, Corner No. 2, to a point now evidenced by a concrete monument set, Corner No. 3; Thence

11. Along lot line common to Lots 3 and 3.01, Block 35, North 84 Degrees 07 Minutes 22 Seconds East, a distance of 1105.48 Feet, to a point now evidenced by a capped iron rebar set, Corner No. 4, set in the Westerly line of Lot 3.04, Block 35; Thence

12. Along said Westerly line of Lot 3.04, Block 35, South 02 Degrees 29 Minutes 56 Seconds East, a distance of 170.30 Feet, to an iron rebar found at the common corner to Lots 3 and 3.04 in the Northerly line of Lot 3.02, Block 35; Thence

13. Along lot line common to Lots 3.02 and 3.04, Block 35, South 85 Degrees 22 Minutes 21 Seconds West, a distance of 291.70 Feet, passing over an iron rebar found 266.68 Feet from the origin of this line, to a point in the centerline of Kinkle Road (49.50′ wide); Thence

14. Along said centerline of Kinkle Road, South 02 Degrees 29 Minutes 56 Seconds East, a distance of 179.51 Feet, to a point of curvature in the centerline of Mary Elmer Drive; Thence

15. Along said centerline of Mary Elmer Drive, along a curve turning Right, having a radius of 68.00 Feet, with a central angle of 40°10’13”, and an arc length of 47.67 Feet, chord bearing South 17 Degrees 35 Minutes 10 Seconds West, with a chord length 46.70′ to a point; Thence

16. Crossing Mary Elmer Drive, South 52 Degrees 19 Minutes 43 Seconds East, a distance of 25.00 Feet, to a point now evidenced by a capped iron rebar set, Corner No. 5, common corner to Lots 2 and 2.01, Block 34; Thence

17. Along lot line common to Lots 2 and 2.01, Block 34, South 03 Degrees 33 Minutes 46 Seconds East, a distance of 313 Feet more or less, to the center of the Northwest Branch of Barret Run (312.81′ to a tie line), passing over an iron rebar set 150.00 Feet from the origin of this line; Thence

18. Along the center of the Northwest Branch of Barret Run, various courses, a distance of 660 Feet more or less to a point in the centerline of Mary Elmer Drive (N 78° 08’06” W, 636.05 – calculated tie line); Thence

19. Continuing along the center of the Northwest Branch of Barret Run, various courses, a distance of 2180 Feet more or less to a point in the Easterly property line of Lot 5.01, Block 35, (S 73°29’49” W, 2487.38′-calculated tie line); Thence

20. Along the Easterly line of Lot 5.01, Block 35, North 17 Degrees 50 Minutes 08 Seconds West, a distance of 2720 Feet more or less (2720.41 from a tie line), passing over a concrete monument No. 7 set 1800.00 Feet from the Corner No. 1, to the point and place of beginning.

Areas Excluded From Funding and Participation of Green Acres

I. The following area of 50′ wide right of access for ingress and egress easement, upon and across Lots 3.02 and 3.01 in Block 35, is being excluded from funding and participation of Green Acres:

Beginning at a point, evidenced by an iron rebar, in the lot line common to Lots 3 and 3.01, Block 35, said point being located South 84 Degrees 07 Minutes 22 Seconds West, a distance of 227.00 Feet, from an iron rebar, Corner No. 4, set in the Westerly line of Lot 3.04, Block 35; and extending;

1) South 05 degrees 40 Minutes 44 Seconds East, a distance of 393.06 Feet to a point, an iron rebar set, in the Northerly right-of-way line of Mary Elmer Drive; Thence

2) Along said Northerly line of Mary Elmer Drive, South 84 Degrees 19 minutes 16 Seconds West, a distance of 50.00 Feet to a point, an iron rebar set; Thence

3) Leaving said right-of-way and traversing parallel to and 50.00 Feet distant from above described course no. 1, North 05 degrees 40 Minutes 44 Seconds West, a distance of 392.89 Feet to a point, an iron rebar set, in the lot line common to Lots 3 and 3.01, Block 35; Thence

4) Along said lot line North 84 Degrees 07 Minutes 22 Seconds East, a distance of 50.00 Feet to the point and place of beginning.

II. The following area of Mary Elmer Drive right-of-way is being excluded from funding and participation of Green Acres:

Beginning at a point in the Westerly right-of-way line of Kinkle Road (49.50 feet wide), set point being the corner common to Lots 3.02 and 3.05, Block 35, evidenced by an iron rebar; Thence

1) North 85 Degrees 22 Minutes 21 Seconds East, a distance of 25.02 feet, to a point in the centerline of Kinkle Road; Thence

2) Along said centerline of Kinkle Road and Mary Elmer Drive, South 02 Degrees 29 Minutes 56 Seconds East, a distance of 179.51 feet, to a point of curvature; Thence

3) Along a curve, turning to the right, having a radius of 68.00 feet, with a central angle of 40°10’13”, and an arc length of 47.67 feet, chord bearing South 17 Degrees 35 Minutes 10 Seconds West, with a chord length 46.70′ to a point in the proposed Southerly right-of-way of Mary Elmer Drive; Thence

4) Along said right-of-way of Mary Elmer Drive, South 52 Degrees 19 Minutes 43 Seconds East, a distance of 25.00 feet, to a point now evidenced by a capped iron rebar set, Corner No. 5; Thence

5) South 03 Degrees 33 Minutes 46 Seconds East, a distance of 14.32 feet, to a point now evidenced by a concrete monument set; Thence

6) Along a curve, turning to the right, having a radius of 103.00 feet, with a central angle of 40°39’01”, and an arc length of 73.08 feet, chord bearing South 63 Degrees 59 Minutes 45 Seconds West, with a chord length 71.55′ to a point of tangency now evidenced by a concrete monument set; Thence

7) South 84 Degrees 19 Minutes 16 Seconds West, a distance of 468.80 feet, to a point of curvature now evidenced by a concrete monument set; Thence

8) Along a curve, turning to the left, having a radius of 60.00 feet, with a central angle of 109°49’15” and an arc length of 115 feet more or less, to the center of the Northwest Branch of Barret Run (115.00 to a tie line with chord bearing South 29 Degrees 24 Minutes 39 Seconds West, with a chord length 98.19′), to a point; Thence

Schedule C

Restrictions

1. Any development of the Property is expressly prohibited.

2. No sand, gravel, loam, rock, or other minerals shall be deposited on or removed from the Property, except only those materials required for the approved uses under this Lease.

3. No dumping or placing of trash or waste material shall be permitted on the Property.

4. No activity shall be permitted on the Property which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the Property.

5. No application of fertilizer is permitted. As outlined in Schedule D, Tenant may only apply herbicides to the Property to prepare it for planting of soybeans in Year 1 and/or 2 of the Lease. No additional use of herbicides is authorized under this Lease.

6. Allowable crops on the Property under this lease are Soybeans for 1 or 2 years to clear the fields of weeds and then native warm season grasses including big blue stem, little blue stem, Indian grass, and/or switch grass. Any other crops must be approved by Landlord in writing. No tillage shall place take on the Property.

Schedule D

Services to be Performed

1. Maintain open areas of the property in open condition, for the benefit of wildlife and to prevent open field succession, by active agriculture and mowing.

2. Maintain lanes, perimeter trails between crops and hedgerows, and public access points currently in use, provided that Tenant will not bring any materials on site for this purpose without express and prior permission of Landlord.

3. As a strategy to break the weed cycle and be eligible for funding for the seed from the Natural Resources Conservation Service (NRCS), Tenant will maintain the following schedule:

Year 1 & 2: Tenant may use herbicides and plant soybeans on the Property.

Years 3 through 5: Tenant will plant native warm season grasses, including big blue stem, little blue stem, Indian grass, and/or switch grass.

Years 3 through 5: Annual mowing (in late fall). No mowing shall take place from April 1 to October 31 of each calendar year.