HomeMy Public PortalAboutr 10-283Purflifilin of 14e Porjag4 of &rbret, �q_ J.
No. 10-283 Date of Adoptio IBC 2 nO
AUTHORIZING
A SETTLEMENT OF CLAIMS IN LITIGATION
AGAINST E.I. DUPONT DE NENIOURS AND COMPANY
CONCERNING BLOCK 5.02, LOT -1.01 AND 2.01
AND
THE ACCEPTANCE OF A CONVEYANCE OF A PORTION THEREOF
WHEREAS, the Borough of Carteret commenced an action in the Superior Court of
New Jersey, Middlesex County Vicinage, asserting numerous claims against E.I. du Pont
de Nemours and Company ( "DuPont "), among others;
WHEREAS the Borough filed the litigation against DuPont to compel DuPont to remedy
an unla«$d debris pile, hazardous substances, and other conditions on the property
owned by DuPont in the Borough of Carteret and identified in the Tae Map of Middlesex
County as Block 5.02, Lot 1.01 and 2.01 (tire "DuPont Parcel');
WHEREAS, the Borough and DuPont have reached a Settlement Agreement under
which DuPont will remedy the conditions on the DuPont Parcel, will implement a
remedial action work plan to address the debris pile and any hazardous substances on the
DuPont Parcel under oversight of the Department of Environmental Protection (or a
Licensed Site Professional), will transfer valuable land to the Borough for municipal use,
and pay for certain costs of litigation;
WHEREAS, the Settlement Agreement limits the scope and expense of continued
litigation for the Borough, preserves the Borough's claims as to Defendants other than
DuPont, and resolves longstanding uncertainty and contention between the Borough and
DuPont concerning the future redevelopment and re -use of the DuPont Parcel under the
Chrome Waterfront Redevelopment Plan;
WHEREAS, the Mayor and the Council, with the advice of the Law Director, have
reviewed the Settlement Agreement and determined the Settlement Agreement to be fair,
reasonable, and in the public interest; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the
Borough of Carteret, County of Middlesex, State of New Jersey, as follows:
1. The Settlement Agreement resolving the claims the Borough has
asserted against DuPont in the civil action filed in New Jersey
Superior Court under Docket No. C- 266 -08 is hereby approved.
2. The Borough's Special Counsel and Law Director are authorized
to execute and file all documents appropriate or required to
implement the Borough's obligations under the Settlement
Agreement.
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3. The Mayor and Borough Clerk are hereby authorized and directed
to execute the Settlement Agreement and any and all documents
contemplated thereby, including, but not limited to, the Deed (in
the form annexed to the Settlement Agreement) and other
transaction documents for that portion of the DuPont Parcel that is
to be conveyed to the Borough.
4. A copy of this Resolution be forwarded to the Department of
Environmental Protection, Office of Site Remediation; the
Carteret Port Authority; and Bradley M. Campbell LLC..
Adopted this 20" day of December, 2010
and certified as a true copy of the
original on December 21, 2010.
1 N)k A. RD",
Assistant Msrieipal Clerk
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RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
CO
NV
A.B.
MAZ
KAFM
X
D
X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to O,c,.Ie Veto
Adopted at a meeting of the Municipal Council
De eTbe 20 2010
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