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No. 12 -128 July 19, 2012
AUTHORIZING THE MAYOR TO EXECUTE REPRESENTATION AND
REMEDIATION AGREEMENT BETWEEN THE BOROUGH,
RAHWAY ARCH PROPERTIES, LLC, SOIL SAFE, INC.
AND ALBERT P. FREE, LSRP
IT RESOLVED by the Mayor and Council of the Borough of Carteret that the Mayor is
-by authorized to execute Representation and Remediation Agreement between the Borough,
nvay Arch Properties, LLC, Soil Safe, Inc. and Albert P. Free, LSRP, in a form approved by
Borough Attorney and Borough Engineer.
Adopted this 19" day of July, 2012
and certified as a true copy of the
original on July 20, 2012.
KATHLEEN M. BARNEY, MbIC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
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NO
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A.D.
C0UNCILIv1AN
YES
NO
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A. B.
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DIAZ
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rAdopted
XOR- Indicates Vote to Ow.1c V
at a meeting of the Municipal Council
'�i''� Ju1y 19 2012
LLCI(K
REPRESENTATION AND REMEDIATION AGREEMENT
BETWEEN
THE BOROUGH OF CARTERET, RAHWAY ARCH PROPERTIES LLC, .
SOIL SAFE INC. AND ALBERT P. FREE, PE, LSRP
WHEREAS, Rahway Arch Properties LLC ( "Rahway Arch ") is owner of an area in need
of redevelopment, and is the designated redeveloper for such area, consisting of Block 9.03, Lot
21; Block 10 Lots 8 -10 & 12 -21 and Block 11.01 Lots 8, 10 -14 & 28 in the Borough of Carteret
( "Rahway Arch Parcels ") ; and
WHEREAS, the Borough of Carteret (`Borough ") is owner of Block 10 Lot 1 I in the
Borough of Carteret (the "Carteret Lot'), adjacent to, and land - locked by, the aforesaid Rahway
Arch Parcels, and which Carteret Lot is within the designated redevelopment area, and which
Carteret Lot is in need of remediation; and
WHEREAS, Rahway Arch has contracted with Soil Safe Inc. ( "SSI ") as the Reclamation
Contractor performing remediation upon the aforesaid Rahway Arch Parcels; and
WHEREAS, Rahway Arch has contracted with Albert P. Free, President of EastStar
Environmental Group, Inc. to be the Licensed Site Remediation Professional (the "LSRP ")
responsible for the remediation on the aforesaid Rahway Arch Parcels; and
WHEREAS, the Borough wishes for its property, Block 10, Lot 11 to be remediated
consistent with the remediation on the adjacent Rahway Arch Parcels aforesaid,
NOW THEREFORE, it is agreed as follows:
1. The Borough and Rahway Arch mutually agree that Rahway Arch shall assume
the designation as "Person Responsible for Conducting the Remediation", as defined by NJAC
7.26C -1.3, for the Carteret Lot.
2. The Borough hereby authorizes Rahway Arch, their reclamation contractor SSI,
and their LSRP, to represent and engage in any and all necessary permit applications to include
the Carteret Lot in the remediation program and to remediate the Carteret Lot in accordance with
an overall Remedial Action Workplan prepared by the LSRP for the Rahway Arch Parcels and
the Carteret Lot. The end result of the Remedial Action shall be a Response Action Outcome
(RAO) issued by the LSRP that shall include the Carteret Lot.
3. Rahway Arch and SSI shall be responsible for all costs associated with the
application and the remediation of the Carteret Lot, and the Borough shall receive from SSI a
host fee for all materials deposited upon the Carteret Lot, consistent with the Host Community
Benefit Agreement between the Borough and SSI dated February 13, 2012.
4. The obligations of Rahway Arch, LSRP and SSI hereunder are fully predicated on
the issuance of all appropriate governmental permits and approvals necessary to affect the
remediation; coupled with the agreement of SSI, in SSI's sole discretion, to proceed with the
project subject to the terms and conditions of such governmental permits and approvals, the
geoteclmical fitness of the project site to support the remediation, and the financial viability of
the project as collectively defined in Section 3 of the Host Coni n u ity Benefit Agreement dated
February 13, 2012 by and between the Borough and SSI.
This Agreement may be executed in one or more counterparts and such counterparts will
constitute one and the same instrument.
In witness whereof, the Parties have caused this Agreement to be executed with the
effective date of July , 2012.
Borough of Carteret
Print Name:
Title:
Soil Safe, In c.
Print
Rah way Arch Properties, LLC
Print Name:
Title:
Albert A Free, PE
By:
Print Name:
Title:
LSRP #: