HomeMy Public PortalAboutOrd. 12-09orbrinana
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ORDINANCE FURTHER AMENDING ORDINANCE NO.
07 -09, FINALLY ADOPTED ON JULY 12, 2007.
WHEREAS, in accordance with Ordinance No. 07 -09, the Borough entered into
Financial Agreements with Gateway at Carteret Urban Renewal, LLC ( "Gateway") and Camelot
at Carteret Urban Renewal, LLC ( together, the "Entities ") in furtherance of "The Lower
Roosevelt Avenue Redevelopment Plan," which Agreements memorialize the obligations of the
Entities to pay Annual Service Charges to the Borough; and
WHEREAS, by Ordinance No. 08 -3(a), adopted on December 18, 2008, the Borough
subsequently authorized the execution of an amended Gateway Financial Agreement; and
WHEREAS, as part of the project under construction, Gateway and the Borough need to
provide for an additional amendment to the Gateway Financial Agreement to farther set forth
Gateway's obligation to pay Annual Service Charges to the Borough as described in Gateway's
application for same (the "Second Amended Application "); and
WHEREAS, Gateway also submitted an amended and restated financial agreement to the
Borough (the "Second Amended Gateway Financial Agreement ") in connection with the Second
Amended Application; and
WHEREAS, the present Gateway Project represents an undertaking permitted by
N.J.S.A. 40A:20=1 et seq., and the same constitutes improvements made for the purposes of
clearance, replanning, development or redevelopment of an area in need of redevelopment within
the Borough, as authorized by the Act and N.J.S.A. 40A:20 -1 et seq.
NOW, THEREFORE, BE IT ORDAINED BY THE BOROUGH COUNCIL OF
THE BOROUGH OF CARTERET, NEW JERSEY AS FOLLOWS:
1. The Second Amended Application and Second Amended Gateway Financial
Agreement me hereby approved.
2. The appropriate Borough Official(s) are hereby authorized to execute the Second
Amended Gateway Financial Agreement substantially in the form attached to the Second
Amended Application, subject to minor modification or revision, as deemed necessary and
appropriate after consultation with counsel. The Clerk of the Borough is hereby authorized and
directed, upon execution of the Second Amended Gateway Financial Agreement to attest to the
signature(s) and to affix the corporate seal of the Borough upon such document.
3. The executed copy of the Second Amended Gateway Financial Agreement shall
be certified by and be filed with the Office of the Borough Clerk. Further, the Clerk of the
Borough shall file certified copies of this ordinance and the Second Amended Gateway Financial
Agreement with the Tax Assessor of the Borough and the Director of the Division of Local
No. ig -9
2 of 2
Government Services with the Department of Community Affairs, in accordance with Section 12
of N.M.A. 40A:20 -I et seq.
4. If any part(s) of this ordinance shall be deemed invalid, such part(s) shall be
severed and the invalidity thereby shall not affect the remaining parts of this ordinance.
5. All ordinances and resolutions or parts thereof inconsistent with this ordinance are
hereby rescinded.
This ordinance shall take effect in accordance with applicable law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
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Adopted on first reading of the Council of the Borough of Carteret, N.J., on Mil t 90
Adopted on second reading after hearing on j U n Q 7 2012
APPRO ED BY
MAYOR
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BOR OUG H G CLERK
AFFIDAVIT OF PUBLICATION
The following is a true copy of a Classified /Help Wanted Ad of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One (1) time(s) once in each issue as follows:
ORDINANCE k12 -9
NOTICE OF PENDING OROI-
NANCE AND SUMMARY
May 21, 2012 The ordinance, the s ummary
ed herein, was invvuuie-
and passed upon first
reading at a meeting of
the governing body of the
Borough of Carteret, in
the County of Middlesex,
State of New Jersey. on
May 3, 2012. It will be
further considered for fi-
nal passage, after public
hearing thereon. at a
body to be held at the
Council chambers, Munici-
pal Building Carteret, New
Jersey 07008, on June. 7,
2012 at 6 o'clock p.m.
During the week prior to
and up to and including
the date of such meeting,
copies of the full ordi-
nance will be available at
no cost between the hours
of 8:00 a.m. And 4:00 P.M.
Monday he lark's offs e, 61
Cooke . Avenue Carteret,
New Jersey 07DO8, for the
members of the general
public who _shall, request
the same. The title and
summary of the terms of
09, Finally Adopted on Ju-
ly 12, 2007 ".
Purpose: The ordinance ap-
proves the form and au-
thorizes the execution of-
a financial agreement with
an urban renewal entity
which provides for the
payment to the Borough of
Carteret of an Annual
Service Charge in accord-
ance with N.J.S.A. 40A:20-
1 et seq. With respect to
certain real property I-
dergoing redevelopment in
the Borough.
Kathleen M. Barney, Bor-
ough Clerk
$66.44
a z %e!
Notary Public of New Jersey
Kathleen M. Barney, C
Municipal Clerk
Sworn and subscribed bef .e LINDA n �P r }
me this day of y am,
NOTARY PU r ; IMP
MY COMMISSIA AY 2, 2010
AFFIDAVIT OF PUBLICATION
The following is a true copy of a Classified /Help Wanted Ad of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One (1) time(s) once in each issue as follows:
JUNE 18, 2012
Notary Public of New Jersey
Sworn and Subscribe before
Me this l , day of 7
Kathleen M. Barney,
Municipal Clerk
LINDA A. RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 212016