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Home My Public Portal AboutOrd. 22-03(fir bivanrt No. #22 -3 of l4e � nzoug4 of Tartera, Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE' OF THE BOROUGH Or CARTE BET AUTHORIZING TAE' EXECUTION AND DE'LIVE'RY OF CERTAIN PARING GARAGE' LEASE AGRE'E'MENTS WHE'RE'AS, the Borough of Carteret (the "Borough ") is the fee title owner of that certain above ground parking garage consisting of approximately four hundred and twenty (420) parking spaces located on real property identified on the Borough's official tax map as Block 6704, Lot 6.02 (the "Parking Garage "); and WHEREAS, in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et seq., as amended and supplemented (the "Redevelopment Law ") the Borough has entered into that certain Redevelopment Agreement, dated August 2018, with Carteret Lolls Urban Renewal, LLC (the "Carteret Lofts Redeveloper ") for the construction of a project as set forth therein (the "Carteret Lofts Redevelopment Agreement "), which included, inter alia, the obligation for the Borough to lease fifty (50) parking spaces in the Parking Garage to the Carteret Lofts Redeveloper; and WHEREAS, the Borough and the Carteret Lofts Redeveloper desire to enter into that certain Parking Space Lease Agreement, the form of which is attached hereto as Exhibit A (the "Carteret Lofts Parking Lease Agreement"); and WHEREAS, on December 28, 2018, the Borough and Washington Ave Urban Renewal I, LLC (the "Washington Ave Redeveloper ") entered into that certain parking lease pursuant to the Redevelopment Law whereby the Washington Ave Redeveloper leased twenty-five (25) parking spaces within the Parking Garage (the "Original Washington Ave Parking Lease Agreement" ); and WHE'RE'AS, the Borough and the Washington Ave Redeveloper desire to enter into that certain First Amendment to Parking Lease Agreement, the form of which is attached hereto as Exhibit B, whereby the Washington Ave Redeveloper shall lease an additional thirty -five (35) parking spaces in the Puking Garage (the "Fist Amendment to Washington Ave Parking Lease Agreement" and together with the Carteret Lofts Parking Lease Agreement, the "Lease Agreements "). NOW THE'RE'FORE', BE IT ORDAINED AND E'NACTE'D, by the Borough Council of the Borough of Carteret, Middlesex County, New Jersey, as follows: Section 1. Each of the Carteret Lofts Parking Lease Agreement and the Fist Amendment to Washington Ave Parking Lease Agreement 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 as Exhibit A and Exhibit B, 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 2. The Borough Clerk is hereby authorized and directed, upon the execution of each of the Carteret Lofts Parking Lease Agreement and the First Amendment to Washington Ave Parking Lease Agreement in accordance with the terms of Section 1 hereof, to attest to the Authorized Officer's execution of each of the Lease NO. #22 -3 PAGE Agreements and is hereby further authorized and directed to thereupon affix the seal of the Borough to each of the Lease Agreements, Section 3. 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 4. 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 5. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OR COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.U. BELLING X JOHAL X DIAZ X DIMASCIO X NAPLES X X - hldicate Vote AB - Absent NV - Not Voting XOR- indicates Vole to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.J., Adopted on second reading after hearing on February 24, on February 10, 2022 2022 APPROVEDBY ON�1£L��— mnvoR `L t j f(, c P( N41INTCTPAI r lfVRV\ I jj(( AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: February 15. 2022 xL �i, u6ur, / Notary Public of New Jersey DANAARCHEVAL NOTARY PUBLIC OF NEW JERSEY My Commission Expires Jan. 12, 2027 Sworn and subscribed before me this day of � �?v�� Carmela Pogorzel ski , RMC{ j Municipal Clerk AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: March 2, 2022 Notary Public of New Jersey DANAARCHEVAL NOTARY PUBLIC OF NEW JERSEY My Commission Expires Jan. 12, 2027 Sworn and subscribed before me this o? N t' day of "H&4,t-h �90,2 �2 Municipal Clerk ORDINANCE N22 -3 ` "AN ORDINANCE OF THE BOROUGH OF CARTE AUTHORIZING THE EXECUTION AND DELIVERY CERTAIN PARKING GARAGE LEASE AGREEMEN >VED AND ADOPTED FEB RU BY 24, 2022_ DUCED: FEBRUARY 10, 2022 Used as Adopted on First Reading otica of Publk Hearing: 'FEBRUARY 15; 2022, Ig Held: FEBRUARY 24, 2022_ 'R{ By:_ " MAYOR DANIEU.'REIMA dsed as Finally Adopted. MARCH 2, 2022 Carmela Pworzelskl, RMC! 3) Municipal Clerk