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HomeMy Public PortalAboutr 15-180l tt r T irt. r. + � 15 -180 A gu t 20 2015 Datc .N .4dapiot f RESOLUTION OF THE BOROUGH OF CARTERET CONDITIONALLY DESIGNATING 48 LEFFERT STREET, LLC AS THE REDEVELOPER FOR THE PROPERTY KNOWN AS TAX BLOCK 5601, LOTS 10, 11, 12 AND 13 LOCATED WITHIN THE - PETER J. SICA INDUSTRIAL HIGMVAY REDEVELOPMENT AREA AND AUTHORIZING THE EXECUTION AND DELIVERY OF A INTERIM COST AGREEII/ENT WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -I et seq., as amended and supplemented (the "Redevelopment Lang'), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and 1VIIEREAS, by resolution No. 14 -255 duly adopted on December 18, 2014, the Borough Council (the "Borough Council ") of the Borough of Carteret (the `Borough ") designated the properties known as Block 500, Lot 3; Block 600, Lot 1; Block 601, Lot 3, Block 625, Lot l; Block 650, Lots I and 2; Block 675, Lot 1; Block 750, Lots 1 and 2; Block 5601, Lots 10 -13; and Block 5602, Lots 12 -14, on the Borough's tax map (the "Redevelopment Area ") as an area in need of redevelopment under the Redevelopment Law; and WHEREAS, by Ordinance No. 15 -12, finally adopted on .tune 4, 2015, the Borough Council adopted a redevelopment plan for the Redevelopment Area (f:c "Redevelopment Plan"); and WHEREAS, 48 Leffert Street, LLC (the "Company ") is the contract purchaser of a portion of the Redevelopment Area consisting of Block 5601, Lots 10, 11 12 and 13 (the "Project Area "); and WHEREAS, the Borough desires to engage in preliminary negotiations with the Company in furtherance of entering into a formal redevelopment agreement for the redevelopment of the Project Area; and WHEREAS, the Borough desires to enter into that certain Interim Cost Agreement with the Company (attached hereto as Exhibit A in substantially final form) to establish an escrow fund with the Borough to provide for the payment of the Borough's professional fees, costs and expenses related to the Redevelopment Area and the negotiation and execution of a redevelopment agreement and matters related thereto; and NOR', THEREFORE, BE IT RESOLVED as follows. Section 1. The Company is hereby conditionally designated as the redeveloper for the Project Area for an initial period of ninety (90) days, or as otherwise may be extended in accordance with Section 2 hereof during which time negotiation and execution of a redevelopment agreement with the Borough shall be completed. Section 2. 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 1 hereof, but in no event shall such additional period exceed ninety (90) days beyond the time period set forth in Section 1 hereof. No. 15-180 PACE 2 Section 3. In the event that the Company has not executed a redevelopment agreement with the Borough, all in accordance with the time periods set forth in Section I hereof, or as otherwise may be extended by an Authorized Officer, in such Authorized Officer's sole discretion, in accordance with Section 2 hereof, the Borough's conditional designation of the Company as redeveloper for the Project Area shall expire and be of no finther force and effect and the Borough shall have no further obligation to the Company. Section 4. The Interim Cost Agreement is hereby authorized to be executed and delivered on behalf of the Borough by an Authorized Officer in substantially the form attached hereto as Exhibit A with such changes as such Authorized Officer, after consultation with the Borough Consultants, deems necessary, desirable or convenient in such Authorized Officer's sole discretion. Section 5. The Borough Clerk, or the Deputy Borough Clerk, is hereby authorized and directed, upon the execution of the Interim Cost Agreement in accordance with the temts of Section 4 hereof, to attest to the Authorized Officer's execution of the Interim Cost Agreement and is hereby further authorized and directed to thereupon affix the seal of the Borough to the Interim Cost Agreement. Section 6. Upon the execution and attestation of and if required, the placing of the seal of the Borough on the Interim Cost Agreement as contemplated by Sections 4 and 5 hereof, the Authorized Officer is hereby authorized and d to (a) deliver such fully executed, attested and sealed Interim Cost Agreement to the Company and (b) perform such other actions as the Authorized Officer deems necessary, desirable or convenient in relation to the execution and delivery thereof. Section 7. All actions of the Authorized Officers and the Borough Consultants taken prior to the date of adoption hereof in connection with the Redevelopment Area, including without limitation, the Interim Cost Agreement, are hereby ratified and approved. Section S. This resolution shall take effect at the time and in the manner prescribed by law. Section 9. 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. Adopted this 20th day of h glLSt, 2015 and certified as a true copy of do original on Ali t 21,,2015. LMIA A. RIVERA Assistant Mxacipal Clerk RECORD OF COUNCIL VOTE I X Indicate Vote AB- Absent NV Not Voting XOR - Indicates ',Ole to Ovanuic Veln Adopted at a meeting of the Municipal Council