Loading...
HomeMy Public PortalAboutr 18-072Psolutilan of t4e Porough of (br #exec, N- J_ No. 18 -72 Date of Adoptio ApLi1 5, 2018 RESOLUTION OF THE BOROUGH OF CARTERET CONDITIONALLY DESIGNATING RJ HOSPITALITY GROUP INC AS THE REDEVELOPER FOR THE PROPERTY KNOWN AS TAX BLOCK 2701, LOTS 13 & 14.03 LOCATED WITHIN THE MINUE STREET REDEVELOPMENT AREA 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 around Minue 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 "Original Project Area "); and WHEREAS, on March 18, 2015, the Company entered into a Redevelopment Agreement with the Carteret Redevelopment Agency ( "CARA ") regarding the redevelopment of the Original Project Area; and WHEREAS, the Company has requested that the Original Project Area be amended to include Block 2701, Lots 13 and 14.03 (the "Additional Project Area "), and WHEREAS, the Borough desires to conditionally designate the Company as the redeveloper of the Additional Project Area; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The Company is hereby conditionally designated as the redeveloper for the Additional Project Area for an initial period of one - hundred twenty (120) days, or as otherwise may be extended in accordance with Section 2 hereof, during which time the Company shall acquire fee title ownership of the Additional Project Area. 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. Section 3. In the event that the Company has not acquired fee title ownership of the Additional Project Area in accordance with the time periods set forth in Section 1 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 NO. 18 -72 PAGE _L _ Additional Project Area shall expire and be of no further force and effect and the Borough shall have no further obligation to the Company. Section 4. The Pre - Development 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. 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 sale of Block 2701, Lot 14.03 in accordance with the terms of that Purchase and Sale Agreement, dated February 9, 2018, by and between the Company and the Borough, as amended and supplemented, 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 & Giblin, LLP, Special Redevelopment Counsel to the Borough. Adopted this 5 th day of April, 2018 and certified as a true copy of the original on April 6, 2018. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BE LLIN] X .JC11 X DIAZ X irt[.M X DIM''= X NA= X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council AR 5, 2018 CLERK ! 1