HomeMy Public PortalAboutr 21-261,woolution of f4Q Poroug4 of &rfmf,
No. #21 -261
Dale of AdoptionBeceaber 30, 2021
RESOLUTION OF THE BOROUGH OP CARTERET CONDITIONALLY
DESIGNATING SAMPAUL PROFESSIONAL LLC AS THE
REDEVELOPER FOR THE PROPERTY KNOWN AS 1383 ROOSEVELT
AVENUE AND COMMONLY REFERRED TO AS BLOCK 2503, LOT 1
ON THE TAX MAPS OF THE BOROUGH OF CARTERET LOCATED
WITHIN THE WEST CARTERET COMMERCIAL REDEVELOPMENT
AREA AND AUTHORIZING THE EXECUTION AND DELIVERY
OF A PRE - DEVELOPMENT AGREEMENT
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 or 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 Roosevelt Avenue, including without
limitation, 1383 Roosevelt Avenue, also known as Block 2503, Lot I (the "Property"), as an area
in need of redevelopment (collectively, the "West Carteret Commercial Redevelopment Area ");
and
WHEREAS, the Borough adopted a redevelopment plan for the Redevelopment Area (the
"Redevelopment Plan "), which shall control the redevelopment of the West Carteret Commercial
Redevelopment Area; and
WHEREAS, the Borough desires to engage in preliminary negotiations with SamPaul
Professional LLC (together the "Company "), in furtherance of entering into a formal
redevelopment agreement for the redevelopment of the Property; and
WHEREAS, the Carteret Redevelopment Agency (the "Agency ") is the feet title owner of the
Properly and has engaged in preliminary discussions with the Company regarding the sale of the
Property; and
WHEREAS, the Borough desires to enter into that certain Pre - Development Agreement with the
Company (attached hereto as Exhibit A in substantially final form) to establish an escrow fund
with the Borough to provide for the payment of the Borough's professional fees, costs and
expenses related to the Redevelopment Area and the negotiation and execution of a
redevelopment agreement and matters related thereto; and
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The Company is hereby conditionally designated as the
redeveloper or the Property for an initial period of ninety (90)
days, or as otherwise may be extended in accordance with Section
2 hereof, dw ing which time negotiation and execution of a
redevelopment agreement with the Borough shall be completed.
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 I hereof.
Section 3. In the event that the Company has not executed a redevelopment
agreement with the Borough, all in accordance with the time
periods set forth in Section I 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
Project Area shall expire and be of no further force and effect and
the Borough shall have no further obligation to the Company.
NO. #21 -261
PAGE -
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 Autltorized Officer's sole discretion.
Section S. The Borough Clerk, or the Deputy Borough Clerk, is hereby
authorized and directed, upon the execution of the Pre -
Development Agreement in accordance with the terns of Section 4
hereof, to attest to the Authorized Officer's execution of the Pre -
Development Agreement and is hereby further authorized and
directed to thereupon affix the seal of the Borough to the Pre -
Development Agreement.
Section 6. Upon the execution and attestation of and if required, the placing
of the seal of the Borough on the Pre - Development Agreement as
contemplated by Sections 4 and 5 hereof, the Authorized Officer is
hereby authorized and directed to (a) deliver such fully executed,
attested and sealed Pre - Development Agreement to the Company
and (b) perform such other actions as the Authorized Officer
deems necessary, desirable or convenient in relation to the
execution and delivery thereof
Section 7. 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 Pre - Development Agreement, are hereby ratified
and approved.
Section 8. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 9. Upon the adoption hereof, the Borough Clerk shall forward
certified copies of this resolution to Matthew C. Karren oerg, Esq.,
DeCotiis, EitzPatrick, Cole & Giblin, LLP, Special Redevelopment
Counsel to the Borough.
Adopted this 30" day of December, 2021
and certified as a true copy of the
original on December 31, 2021.
CARMELA POGORZELSKI. RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NY
A.n.
COUNCILMAN
BELLINO
X
JOHAL
DIAZ
X
UX
DZMASCIO
X
NAPLES
X - Indicate Vole
An - Absent NV - Not Voting XOR- Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
December 30, +2021 `
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