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HomeMy Public PortalAboutr 20-159�Rezulutivu of toe �]Vrmg4 of Tartexet, N 5. No. #20 -159 Date of Adoptio October 15. 2 020 RESOLUTION OF THE BOROUGH OF CARTERET DESIGNATING CARTERET LOGISTICS, LLC, AS REDEVELOPER OF CERTAIN PROPERTY KNOWN AS BLOCK 602, LOT 1, BLOCK 603, LOT I AND BLOCI{ 705, LOT 18 ON THE OFFICIAL TAX MAPS OF THE BOROUGH AND AUTHORIZING THE BOROUGH TO ENTER INTO CERTAIN AGREEMENTS WITH THE REDEVELOPER WHEREAS, the Borough Council, in accordance with 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 et seq., and together with the Tax Exemption Law, the "Acts "), has designated certain properties in the Salt Meadows as an area in need of redevelopment (the "Redevelopment Area "); and WHEREAS, pursuant to N.J.S.A. 40A:12A -7; the Borough has adopted a redevelopment plan governing the Redevelopment Area; and WHEREAS, Carteret Logistics, LLC, has entered into a contract with Rahway Arch Properties, LLC (the "Current Owner ") to purchase a portion of the Redevelopment Area consisting of Block 602, Lot 1, Block 603, Lot I and Block 705, Lot 18 (the "Property "); and WHEREAS, the Borough desires to designate Carteret Logistics, LLC (the "Redeveloper ") as the redeveloper of the Property and enter into one or more agreements regarding the redevelopment of the Property, including without limitation, a Redevelopment Agreement, the form of which is attached hereto as Exhibit A . NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Carteret Logistics, LLC, and/or an Urban Renewal Entity ( "ORE ") which may be formed subsequently and which will be wholly owned by Carteret Logistics, LLC, is hereby designated as the redeveloper of the Property. Section 2. The Borough hereby consents to the transfer of the Property from the Current Owner to the Redeveloper. Section 3. The Redevelopment Agreement is hereby authorized to be executed and delivered on behalf of the Borough by either the Mayor, Chief Financial Officer or Director of Law (each an "Authorized Officer "), in substantially the form attached hereto as Exhibit A , respectively, with such changes as an Authorized Officer, in its 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. Section 4. The Borough Clerk is hereby authorized and directed, upon the execution of the Redevelopment Agreement in accordance with the terms of Section 3 hereof, to attest to the Authorized Officer's execution of each of the Agreements and is hereby further NO. #20 -159 PAGE 2 authorized and directed to thereupon affix the seal of the Borough to each of the Agreements. Section 5. The Authorized Officers are each hereby further authorized to perform any act, execute or acknowledge and deliver any other document, instrument, agreement, 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 directed to attest to such execution or acknowledgement and to affix the seal of the Borough to any such document, instrument or certificate. Section 6, All actions of the Authorized Officers and the Borough Consultants taken prior to the date of adoption hereof in connection herewith are hereby ratified and approved. 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 15 day of October, 2020 and certified as a true copy of the original on October 16, 2020. CARMELA POGORZELSKI Acting Municipal Clerk RECORD OR COUNCIL VOTE COUNCILMAN YES NO NV A.D. COUNCILMAN YES NO NV A.D. BELLINO X JOHAL X X DIAZ X KRUM DIPIASCIO X NAPLES X- Indicate Vote AB- Absent NV -Not Voting XCR -Indicates Vote to Ovemile Yale Adopted at a meeting of the Municipal Council October 15 2010 s o, . It,' Acting Mumcipa'i Clerk q.,., EXHIBIT A FORM OF REDEVELOPMENT AGREEMENT