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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''=
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NA=
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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