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Home My Public Portal Aboutr 15-206nvlut= of 14e Poroug4 of Tartmt, �T° 01 No. 15-206 Date of Adoption 0_tobex 1. 2M RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WHEREAS, tire Borough previously designated properties, including the parcel known as 100 Milik Street (the "100 Nlilik Street Property", formerly known as Block 50.2, Lot 2 on the Borough's tax maps), as an area in need of redevelopment under the Local Redevelopment and Housing Law, X.J.S.A. 40A: 12A-1, el serf., as amended (tire "Redevelopment Law "); and WHEREAS, the Borough recently commenced a supplemental investigation to determine whether the 100 Milik Street Property meets the criteria currently set forth in the Redevelopment Law for designation as an area in need of redevelopment and should continue to be so designated; and WHEREAS, Seagis Property Group, LP ( "Seagis ") now owns the 100 Nilik Street Property; and WHEREAS, in lieu of further proceedings under the Redevelopment Law, Seagis agreed make certain site improvements to the 100 Milik Street Property, which will make the 100 Milik Street Property more consistent with already - revitalized properties in the area; and WHEREAS, the Parties desire to memorialize the terms under which Seagis will make the aforesaid improvement in a Memorandum of Understanding ( "MOU "). NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE BOROUGH OF CARTERET, NEW JERSEY AS FOLLOWS: Section 1. The foregoing recitals are incorporated herein as if set forth in Rill. Section 2. The MOU is hereby approved and the Mayor is hereby authorized to execute the MOU in substantially the same form as that on file with tire Borough Clerk, with such additions, deletions or modifications as the Mayor shall deem necessary. Section. This resolution shall take effect immediately. Adopted this I" day of October, 2015 and certified as a true copy of the original on October 2, 2015. KATHLEEN M. BARNTEY; ivh'vIC Municipal Clerk RECORD OF COUNCIL VOTE j %- Indicate Vote An- Absent NV Not Voting %OR- Indicates Vote to O,enule Vet. Adopted at a ineeting of the Municipal Council Ctto 1, 201 L.K MEMORANDUM OF UNDERSTANDING BY AND BETWEEN BOROUGH OF CARTERET AND SEAGIS PROPERTY GROUP, LP This MEMORANDUM OF UNDERSTANDING ( "MOU ") is made on 2015 by and between the BOROUGH OF CARTERET (the "Borough ") and SEAGIS PROPERTY GROUP, LP ( "Seagis "). The Borough and Seagis are sometimes together called the "Parties ". WITNESSETH WHEREAS, the Local Redevelopment and Housing Law, XJ.S.A. 40A:12A -1, el seq., as amended (the "Redevelopment Law "), authorizes municipalities to determine whether certain parcels of land constitute areas in need of redevelopment; and WHEREAS, in or about 2006 and prior to subsequent legislative and judicial revisions to the procedural and substantive standards for designation of property as in need of redevelopment, the Borough previously designated the properties formerly known as Block 49.03, Lot 1, Block 50.01, Lots 10 -17, 27 -30 and 32.04, Block 50.02, Lots 1.01, 1.02 and 2 -4 on the Borough's tax map, along with portions of surrounding rights -of -way (collectively, the "West Carteret Minue Street Redevelopment Area, Phase II ") as an area in need of redevelopment under the Local Redevelopment and Housing Law, N.J.S.A. 40A: 12A-1 et seq. ( " LRHL "); and WHEREAS, in 2015, the Borough commenced a supplemental investigation to determine whether the parcel designated as Block 2703, Lot 1, more commonly known as 100 Milik Street (the "100 Milik Street Property ", formerly known as Block 50.2, Lot 2) currently meets the criteria set forth in the Redevelopment Law for designation as an area in need of redevelopment and should continue to be so designated; and WHEREAS, Seagis is now the owner of the 100 Milik Street Property and takes the position that such property does not meet the criteria set forth in the Redevelopment Law for designation as an area in need of redevelopment; and WHEREAS, in lien of further proceedings under the provisions of the LRHL, Seagis and the Borough desire that Seagis make certain site improvements to the 100 Milik Street Property which, when accomplished, the parties agree shall exclude the 100 Milik Street Property from further consideration as an area in need of redevelopment; and WHEREAS, Seagis has proposed to make site improvements (the "Site Improvements ") to the 100 Milik Street Property as identified in the work letter dated July 2, 2015 (hereinafter, the "Work Letter "), a copy of which is attached hereto as Exhibit "A ", in accordance with its proposed site plan for such property (hereinafter, "Site Plan "), a copy of which is attached hereto as Exhibit "B ", and the proposed site rendering (hereinafter, "Site Rendering "), a copy of which is attached hereto as Exhibit "C "); and 13030 -076 533303 2 WHEREAS, the Parties desire to memorialize their ongoing responsibilities to cooperate and collaborate with respect to the completion, by Seagis, of the Site Improvements, and have determined to enter into this MOU as a manifestation of this intent to so collaborate and cooperate. NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. The foregoing recitals are incorporated herein as if set forth in fall. Section 2. Nature of Collaboration This MOU is intended to establish the framework for the collaboration of the Parties with respect to the Site Improvements to the 100 Milik Street Property. Section 3. Seagis Responsibilities Seagis agrees, no later than October 15„ 2016, (with reasonable extensions to accommodate delays caused by circumstances wholly outside of Seagis' control) to make the following improvements to the 100 Milik Street Property, all in accordance with the Work Letter, the Site Plan and the Site Rendering, as applicable: 1. Seagis will repaint the three (3) CMU block wall elevations of the building so that they will match the color scheme presented on its Site Plan for the 100 Milik Street Property. 2. Seagis will renovate the main office canopy on the building as depicted on the Site Rendering and install new metal and column encasements on the building. 3. Seagis will apply window film to the interior units of the windows at the main entrance of the building on the 100 Milik Street Property including the first floor windows at the center of such building. Additionally, Seagis will select a color to ensure that the windows blend in with the existing aluminum anodized colored frames to promote color consistency along the center portion of the front facade of the building. 4. Seagis will modify the existing canopy over the lunch room windows on the building, will make the existing metal blue, and install decorative roof tie back supports on the building. 5. Seagis will address the roof line window system, will replace all broken window panes and will repaint the window frames so as to conform to the depictions of same on the Site Rendering. 6. Seagis will install landscape plant materials so as to conform to the depictions of same on the Site Rendering. 7. Seagis will address the storm water flow channel in the rear of the 100 Milik Street Property and will remove the overgrowth and brush of the trees, shrubs, 13030 -076 5883032 bushes, leaves and /or the like, so as to effectuate and permit better storm water flow and runoff in this area of the 100 Milik Street Property. 8. Seagis will remove the broken chain link fence, perpendicular to the building at its rear and will eliminate the overgrown brush in such location. 9. Seagis will remove the free standing aluminum shed in the front right corner of the building. 10. Seagis will relocate the chain link fence at the entrance of the truck court along Milik Street as depicted on the Site Rendering and Site Plan. Additionally, Seagis will implement all of the associated automobile parking and islands as depicted on the Site Rendering and Site Plan. 11. Seagis will install slats on the fence line at the truck court to assist in the screening of the truck court. Section 4. Borough Responsibilities The Borough will promptly review any construction permit applications thereto from Seagis in correction with the Site Improvements and identify any deficiencies in such construction permit applications as soon as possible so as to allow for the correction of same and the completion of the Site Improvements within the time frame provided herein. Section 5. Site Plan Not Required. The Borough has reviewed the work necessary to complete the Site improvements and has determined that the Site Improvements require no substantive or material revisions to the approved site plan for the 100 Milik Street Property and that no site plan application is required for completion of the Site Improvements as enumerated herein. Section 6. Pending Redevelopment Investigation, The Borough shall direct that the redevelopment investigation pending before the Planning Board shall be held in abeyance pending completion of the Site Improvements and that upon completion of the Site Improvements, the Borough shall direct the termination of the pending redevelopment investigation as it affects the 100 Milik Street Property. Section 7. Counterparts This MOU may be executed in one or more counterparts, each of which will be deemed to be an original of this MOU and all of which, when taken together, will be deemed to constitute one and the same MOU. [Signature page follows] 13030 -076 58830j2 This Memorandum of Understanding is dated as of the date first set forth above. Attest: Attest: BOROUGH OF CARTERET SEAGIS PROPERTY GROUP, LP 13030- 076 5383032 Exhibit "A" Work Letter 13030 -076 588303 2 Exhibit `B" Site Plan 13030- 076 5883032 Exhibit "C" Site Rendering 13030 -076 588303 2