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HomeMy Public PortalAboutr 14-130No. 141.33 Date of Adoptio Am 19,U RESOLUTION OF THE BOROUGH OF CARTERET EXTENDING THE CONDITIONAL DESIGNATION OF RJ HOSPITALITY GROUP INC AS THE REDEVELOPER FOR THE PROPERTY KNOWN AS TAX BLOCK 2701, LOTS 11 & 12 LOCATED WITHIN THE MINUE STREET REDEVELOPMENT AREA AND DESIGNATING THE CARTERET REDEVELOPMENT AGENCY AS THE REDEVELOPMENT ENITY. 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, in accordance with the Redevelopment Law, the Borough of Carteret (the `Borough ") declared that certain property in and aromld ivlinue Street as an area in need of redevelopment (collectively, the "Redevelopment Area "); and WHEREAS, the Borough adopted a redevelopment plan for the Redevelopment Area (the "Redevelopment Plan"), which shall control the redevelopment of the Redevelopment Area; and WHEREAS, on December 19, 2013 the Borough adopted Resolution No. 13 -230 conditionally designating RJ Hospitality Group Inc (the "Company ") as the redeveloper for the redevelopment of that portion of the Redevelopment Area consisting of Block 2701, Lots 11 & 12 (the "Project Area ") for a period of ninety (90) days as may be extended as provided therein; and WHEREAS, on April 4, 2014, as permitted by Resolution No. 13 -230, the Borough extended the Company's designation for an additional ninety (90) days; and WHEREAS, the Borough desires to extend the Company's conditional designation as the redeveloper of the Project Area; and WHEREAS, pursuant to the Redevelopment Law, specifically N.J.S.A 40A:12A -4, the Borough may designate a municipal redevelopment agency to act as the redevelopment entity; and WHEREAS, on February 1, 2001, and in accordance with the Redevelopment Law, specifically N.J.S.A. 40A:12A -11, the Borough finally adopted Ordinance No. 01- 1, which established the Carteret Redevelopment Agency (the "Agency ") as an instrumentality of the Borough; and WHEREAS, the Borough seeks to designate the Agency as the redevelopment entity for the Project Area in accordance with the Redevelopment Law; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The Agency is hereby designated as the redevelopment entity for the Project Area. Section 2. The Company's conditional designation as the redeveloper for the Project Area shall be extended for an additional period of ninety (90) days, or as otherwise may be further extended in accordance with Section 3 hereof, during which time negotiation and execution of a redevelopment agreement with the Agency shall be completed. No. 14 -130 PACE 9 Section 3. The Mayor, Chief Financial Officer, or Director of Law (each an "Authorized Officer ") are hereby each severally authorized, after consultation with such counsel and any advisors to the Borough (collectively, the "Borough Consultants "), as such Authorized Officer deems necessary, desirable or convenient, in such Authorized Officer's sole discretion, to extend the time period set forth in Section 2 hereof, but in no event shall such additional period exceed ninety (90) days beyond the time period set forth in Section 2 hereof. Section 4. In the event that the Company has not executed a redevelopment agreement with the Agency, all in accordance with the time periods set forth in Section 2 hereof, or as otherwise may be extended by an Authorized Officer, in such Authorized Officer's sole discretion, in accordance with Section 3 hereof, the Borough's conditional designation of the Company as redeveloper for the Project Area shall expire and be of no further force and effect and neither the Borough or the Agency shall have any further obligation to the Company. Section 5. All actions of the Authorized Officers and the Borough Consultants taken prior to the date of adoption hereof in connection with the Redevelopment Area are hereby ratified and approved. Section 6. This resolution shall take effect at the time and in the manner prescribed by law. Section 7. Upon the adoption hereof, the Borough Clerk shall forward certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, FitzPatrick & Cole, LLP, Special Redevelopment Counsel to the Borough. P&pted this 19th day of Am, 2014 and certified as a true copy of an original on Am 20, 2014. M'HBN M HAY, M Msticipal Clerk i t rWoptcd at a meet, m. of the %i a it ici pal Council Jtme 19, 2014 a� I RL'COLLD OF COUNCIL VOTE COUNCILMAN I YES NO NY A.B. COUNCILMAN YES NO NY A, B. DIAZ i X-4 SI7ARZ C Te Ableffi ;ti\ , N V'I1 (QIZ -i11 Il'll O Uc VCtu i t rWoptcd at a meet, m. of the %i a it ici pal Council Jtme 19, 2014 a� I