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Home My Public Portal AboutOrd. 17-02AM rM TITMU No. pvrjaug4 of C arterd, Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE OF THE BOROUGH OF CARTERET DESIGNATING THE CARTERET BUSINESS PARTNERSHIP, INC. AS REDEVELOPER OF CERTAIN PROPERTY KNOWN AS TAX BLOCK 6704, LOTS 6.03 ON THE OFFICIAL TAX MAPS OF THE BOROUGH AND AUTHORZING THE BOROUGH TO ENTER INTO A REDEVELOPMENT AGREEMENT, FINANCIAL AGREEMENT AND PURCHASE AND SALE AGREEMENT WITH THE CARTERET BUSINESS PARTNERSHIP, INC. WHEREAS, pursuant to the Redevelopment and Housing Law, constituting Chapter 79 of the Pamphlet Laws of 1992 of the State, and the acts amendatory thereof and supplemental thereto (the "Redevelopment Law", as codified in N.J.S.A. 40A:12A -1 Lt seq.), a municipality may sell, convey or lease any of its property to a redeveloper for the purpose of clearance, re- planning, development and redevelopment of a redevelopment area provided that the sale, conveyance or lease in made in conjunction with a redevelopment plan; and WHEREAS, on June 12, 2006, the Council of the Borough of Carteret, a municipal corporation in the County of Middlesex and the State of New Jersey (the `Borough "), in accordance with the Redevelopment Law, duly adopted Resolution No. 06 -38 designating sixty-four properties along Washington Avenue as an area in need of redevelopment (the "Redevelopment Area "); and WHEREAS, on June 15, 2006, in accordance with the Redevelopment Law, the Borough finally adopted Ordinance No. 06 -33 adopting the Washington Avenue Redevelopment Plan forth the Redevelopment Area (the "Redevelopment Plan"); and WHEREAS, the Borough is the fee title owner of certain real property known as Block 6704, Lot 6.03 on the official tax maps of the Borough (the "Property "), which property is located in the Redevelopment Area; and WHEREAS, pursuant to and in accordance with the provisions of the Long Term Tax Exemption Law, constituting Chapter 431 of the Pamphlet Laws of 1991 of the State, and the acts amendatory thereof and supplement thereto (the "Long Term Tax Law", as codified in N.J.S.A. 40A:20 -1 et seg.), the Borough is authorized to provide for tax abatement within a redevelopment area and for payments in lieu of taxes; and WHEREAS, the Redeveloper has submitted an application for the approval of an urban renewal project, as such term is used in the Long Term Tax Law, all in accordance with N.J.S.A. 40A:20 -8 (the "Exemption Application ", a copy of which is attached hereto as Exhibit D); and 17 -2 NO. PAGE WHEREAS, the Borough desires to designate the Carteret Business Partnership, Inc. as the redeveloper of the Property (the "Redeveloper ") and enter into each of the Redevelopment Agreement, Financial Agreement and Purchase and Sale Agreement, the forms of which are attached hereto as Exhibit A. B and C respectively, with the Redeveloper. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Borough Council of the Borough of Carteret, Middlesex County, New Jersey, as follows: Section 1. The Exemption Application is hereby accepted and approved. Section 2. The Redevelopment Agreement, the Financial Agreement and the Purchase and Sale Agreement (collectively, the "Agreements ") are each hereby authorized to be executed and delivered on behalf of the Borough by either the Mayor, Chief Financial Officer or Director of Law, in substantially the forms attached hereto as Exhibit A. B and C respectively, with such changes as the Mayor, Chief Financial Officer or D of Law (each an "Authorized Officer"), in their respective sole discretion, 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. All actions of the Authorized Officers and the Borough Consultants taken prior to the date of adoption hereof are hereby ratified and approved. Section 3. The Borough Clerk is hereby authorized and d upon the execution of each of the Agreements in accordance with the terms of Section 2 hereof, to attest to the Authorized Officer's execution of each of the Agreements and is hereby further authorized and d to thereupon affix the seal of the Borough to each of the Agreements. Section 4. The Authorized Officers are each hereby further authorized to perform any act, execute or acknowledge and deliver any other document, instrument, deed or certificate, which the Authorized Officer, after consultation with the Borough Consultants, deems necessary, desirable or convenient and the Borough Clerk is hereby further authorized and d to attest to such execution or acknowledgement and to affix the seal of the Borough to any such document, instrument or certificate. Section 5. All actions of the Authorized Officers and the Consultants taken prior to the date of adoption hereof in connection herewith are hereby ratified and approved. Section 6. This ordinance shall take effect upon final passage and publication as required by law. 17 -2 NO. PAGE 3 Section 7. Within 10 calendar days following the later of the effective date of this Ordinance or the execution of the Financial Agreement by the Redeveloper, the Borough Clerk shall transmit a certified copy of the Ordinance and Financial Agreement to the chief financial officer of the county and to the county counsel for informational purposes. Section 8. Upon the final adoption hereof, the Borough Clerk shall forward certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, FitzPatrick, Cole & Giblin, LLP, Special Redevelopment Counsel to the Borough. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VO'L'E COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X JOHAL X D I.A7 , X KRUM X DIMASCIO X NAPLES X X - Indicate Vote All - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Cou ricil of the Borough of Carteret N ., an FEMAW 9, 2 017 Febnfar, 23, 2b1 Adopted on second readin after hearing on APPROVED BY • �-171 MAYOR YOR ON O(� ! N U CI AL CLERK lJ EXHIBIT A FORM OF REDEVELOPMENT AGREEMENT EXHIBIT B FORM OF FINANCIAL AGREEMENT EXHIBIT C FORM OF PURCHASE AND SALE AGREEMENT EXHIBIT D EXEMPTION APPLICATION AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution 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: February 16, 2017 i Notary PuMk4N e ersey CAR n -,A POGORZELSKI NOTARY PUBLIC OF NEW JERSEY My tjourd6sion Exp'Irees 9127/2017 Sworn and subscribeAl before me this I Ofl day of i , L6 if t , u . Kathleen M. Barney, MMC Municipal Clerk ORDINANCE #17 -2 AN ORDINANCE OF THE BOROUGH OF CARTERET DESIGNATING THE CARTERET BUSINESS PARTNERSHIP, INC. AS REDEVELOPER OF CERTAIN PROPERTY KNOWN AS TAX BLOCK 6704, LOTS 6.03 ON THE ORIGINAL TAX MAPS OF THE BOROUGH AND AUTHORIZING THE BOROUGH TO ENTER INTO A REDEVELOPMENT AGREEMENT, FINANCIAL AGREE- MENT AND PURCHASE AND SALE AGREEMENT WITH THE CARTERET BUSINESS PARTNERSHIP, INC. The Foregoing Ordinance was intro- duced at a meeting of the Council of the Borough of Carteret held Febru- ary 9, 2017 when it was adopted on First Reading. The said ordinance will be further considered on Sec- ond Reading for Final Adoption at a meeting of said Council of the Bor- ough of Carteret on February 23, 2017 at approximately 6:00 P.M., Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey at which time and place all persons interested will be given an opportu- nity to be heard. KATHLEEN M. BARNEY, MMC Municipal Clerk 2/16/2017 $49.60 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution 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: March 3, 2017 Sworn and subscribed before me this day of ( 1 7A 17- "ARMELA POGORZELSKI ')T,ARY PUBLIC OF NEW JERSEY — Ex,ces 9127/2017 Kathleen M. Barney, MM Municipal Clerk ORDINANCE #17 -2 AN ORDINANCE OF THE BOROUGH OF CARTERET DESIGNATING THE CARTERET BUSINESS PARTNERSHIP, INC. AS REDEVELOPEF OF CERTAIN PROPERTY KNOWN AS TAX BLOCK 6704, LOTS 6.03 ON THE OFFICIAL TAX MAPS OF THE BOROUGH AND AUTHORIZING THE BOROUGH TO ENTER INTO A REDEVELOPMENT AGREEMENT, FINANCIAL AGREEMENT AND PURCHASE AND SALE AGREEMENT WITH THE CARTERET BUSINESS PARTNERSHIP, INC. APPROVED AND ADOPTED:FEBRU- ARY 23, 2017 INTRODUCED: FEBRUARY 9, 2017 Advertised as Adopted on First Reading with notice of Public Hearing: FEB- RUARY 16, 2017 Hearing Held: FEBRUARY 23, 2017 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: MARCH 3, 2017 KATHLEEN M. BARNEY, MMC Municipal Clerk 3/3/2017 $46.50