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HomeMy Public PortalAboutr 08:152leoolufforn of toe Pvrnixg4 of &rtezet, No. 0 - 152 Date of Adoptio .hue 19, 20 08 RESOLUTION OF THE BOROUGH OF CARTERET AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDNIENT NO. 1 TO REDEVELOPMENT AGREEMENT BY AND BETWEEN THE BOROUGH OF CARTERET AND CARTERET GATEWAY, LLC WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et seq., as amended and supplemented (the "Redevelopment Law ") provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, on December 5, 2007, the Borough of Carteret (the `Borough ") entered into that certain Redevelopment Agreement with Carteret Gateway, LLC (the "Redeveloper ") with respect to the redevelopment of the Project Area, as such term is defined therein; and WHEREAS, the Borough has negotiated an amendment to the Redevelopment Agreement with the Redeveloper ( "Amendment No. 1 to Redevelopment Agreement, attached hereto as Exhibit A hr substantially final form) with respect to a revised Project Schedule and notice provisions; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Amendment No. 1 to Redevelopment Agreement is hereby authorized to be executed and delivered on behalf of the Borough by either the Mayor, Chief Financial Officer or Director of Law, each an "Authorized Officer ", in substantially the forn attached hereto as Exhibit A, with such changes as such Authorized Officer, after consultation with such counsel and any advisors to the Borough (collectively, the `Borough Consultants'), deems necessary, desirable or convenient in such Authorized Officer's sole discretion. All actions of the Authorized Officers and the Borough Consultants taken prior to the date of adoption hereof in connection with the Redevelopment Agreement are hereby ratified and approved. Section 2. The Borough Clerk, or the Deputy Borough Clerk, is hereby authorized and directed, upon the execution of Amendment No. I to Redevelopment Agreement in accordance with the temms of Section I hereof, to attest to the Authorized Officer's execution of Amendment No. I to Redevelopment Agreement and is hereby further authorized and directed to thereupon affix the seal of the Borough to the Amendment No. 1 to Redevelopment Agreement. Section 3. Upon the execution mid attestation of and if required, the placing of the seal . of the Borough on Amendment No. 1 to Redevelopment Agreement as contemplated by Sections I and 2 hereof, the Authorized Officer is hereby authorized and directed to (i) deliver such fully executed, attested and sealed Amendment No. 1 to Redevelopment Agreement to the Redeveloper and (ii) perfomm such other actions as the Authorized Officer deems necessary, desirable or convenient in relation to the execution and delivery thereof. Section 4. The Authorized Officers are each hereby farther authorized to perfomr any act, execute or acknowledge and deliver any other document, instrument or certificate, which the Authorized Officer, after consultation with lire Borough Consultants, deems necessary, desirable or convenient in connection with the Amendment. No. I to Redevelopment Agreement, and the Borough Clerk, or Deputy Borough Clerk, is hereby further authorized and directed to attest to such execution or acknowledgement and to affix the seal of the Borough to any such document, instrument or certificate. NO.0 -152 PAGE 2 Section 5. This resolution shall take effect at the time and in the manner prescribed by law. Section 6. Upon the adoption hereof, the Borough Clerk shall forward certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, Fitzpatrick, Cole & Wisher, LLP, Special Redevelopment Counsel to the Borough. Adopted this 19th day of June, 2008 And certified as a true copy of the Original on June 21, 2008. KATHLEEN M. RARNEV, RC Municipal Clerk, RECORD OF COUNCIL VOTE COUNCILMAN YES NO N Y COUNCILMAN YES NO NV A.B. I;E.[JSNO_ x KRUM x 00LCN. x NAPLES x DIAZ x SITARZ x X - Indicate Vote AB- Absent NV -Noi Votiag %OR- Indieatn Vote to Veto Adopted at a meeting of the Municipal Council y dR - r < r i June 1 2008 Clerk EXHIBIT A AMENDMENT NO. 1 TO REDEVELOPMENT AGREEMENT