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HomeMy Public PortalAboutr 22-091�Xeoolufion of t4e �Rvxrnag4 of Tartexet, N. 51 No. #22 -91 Date of Admit, March 24, 2022 RESOLUTION OF THE BOROUGH OF CARTERET DESIGNATING FORTE REAL ESTATE DEVELOPMENT, LLC, AND /OR ITS DESIGNATED URBAN RENEWAL ENTITY, AS REDEVELOPER OF CERTAIN PROPERTY KNOWN AS BLOCK 6805, LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,11, 19, 20, 21, 22, 23, 24, 25, 26, 27,28 and 29 ON THE OFFICIAL TAX MAPS OF THE BOROUGH AND AUTHORZING 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 see., has designated certain properties identified as Block 6805, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 on the official tax maps of the Borough 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, the Borough desires to designate Forte Real Estate Development, LLC, and/or its designated urban renewal entity (the "Redeveloper "), as the redeveloper of the Redevelopment Area and enter into one or more agreements regarding the redevelopment of the Redevelopment Area, including without limitation, a Purchase and Sale Agreement, the form of which is attached hereto as Exhibit A, a Redevelopment Agreement, the form of which is attached hereto as Exhibit B., a First Amendment to Access Agreement, the form of which is attached hereto as Exhibit C, and such other agreements as referenced therein (the "Agreements "). NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Forte Real Estate Development, LLC, and /or its designated urban renewal entity, is hereby designated as the redeveloper of the Redevelopment Area. Section 2. 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 (each an "Authorized Officer "), in substantially the forms attached hereto, 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 3. The Borough Clerk is hereby authorized and directed, 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 directed to thereupon affix the seal of the Borough to each of the Agreements. NO. #22 -91 PAGE 2 Section 4. 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 5. 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 6. 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 24ei day of March, 2022 and certified as a true copy of the original on March 25, 2022. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN ES NV A.B. BELLINO X JORL X DIAZ X DIMASCIO X NAPLES X X - Indicate Vote AB- Absent NV - Not Voting XOR- Indicates Vole to Overrule Veto Adopted at a meeting of the Municipal Council J _ Ma ch 24 20 2 CLERK ' J I