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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. MHKM[l "IM 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 PAGE 2 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 rl CLtaK