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HomeMy Public PortalAboutr 02:046No 02-/46 Date of Adoption .January 31~t 2002 AUTHORIZING THE MAYOR TO EXECUTE PRE-DEVELOPMENT AGREEMENT WHEREAS, the Borough of Carteret (the "Borough") acting in the capacity of a redevelopment entity pursuant to the provisions of the Large Site Landfill Reclamation and Improvement Law, N.J.S.A. 40A:12A-50 et seq.(the "Landfill Law") and the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the "Redevelopment Law"), and Slayton Development, LLC ("Slayton') are presently negotiating the terms of a redevelopment agreement to redevelop all or part of the Carteret Landfill Reclamation Improvement District; and WHEREAS, the Redevelopment Law provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment and the Landfill Law functions in a companion capacity with regard to certain qualified lands; and WHEREAS, pursuant to the Landfill Law the Borough has created a Landfill Reclamation Improvement District and has adopted a "redevelopment plan' as defined in the Redevelopment Law relating to a certain area designated as the Carteret Landfill Reclamation Improvement District (the 'District"); and WHEREAS, the Borough is in the process of adopting an amended and restated Redevelopment Plan for the District ("Redevelopment Plan"); and WHEREAS, the Borough desires that the District be redeveloped in accordance with the Redevelopment Plan; and WHEREAS, the Borough and Bellemead Development Corp. ("Bellemead") are parties to a redevelopment agreement relating to a portion of the District ("Bellemead Agreement"); and WHEREAS, Slayton has contracted to assume Bellemead's rights under the Bellemead Agreement and has requested the consent of the Borough to such assignment; and WHEREAS, as noted above, the Borough and Slayton are negotiating the terms of a Redevelopment Agreement to redevelop ali or part of the District in accordance with the requirements of the Redevelopment Plan, which agreement would supercede the terms of the Bellemead Agreement; and Ji 02-46 PA(q~ 2 WHEREAS, the Borough has not formally adopted the Redevelopment Plan and the parties have not yet reached agreement on the terms of the Redevelopment Agreement, nor has the Borough consented to the assignment from Bellemead to Slayton; and WHEREAS, the Borough requires that Slayton reimburse the Borough's costs associated with the adoption of the Redevelopment Plan, review of Slayton's redevelopment proposal, drafting and negotiation of the Redevelopment Agreement, structuring of financing alternatives for the project addressed by the Redevelopment Agreement and all other costs and expenses related to this matter prior to the execution of a Redevelopment Agreement (collectively the "Redevelopment Process") subject to certain terms and conditions; and WHEREAS, the Borough and Slayton desire to enter into a formal agreement setting forth the terms and conditions of said reimbursement to the Borough for its costs associated with the Redevelopment Process. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey that the Pre-Development Agreement between the Borough and Slayton, a copy of which is attached hereto and made a part hereof, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized and directed to execute the Pre-Development Agreement on behalf of the Borough. BE IT FURTHER RESOLVED, that the appropriate Borough Officials are hereby authorized to implement the terms and conditions of said Pre- Development Agreement. Adopted this 31st day of January 2002, and certified as a true copy of the original on February I, 2002. KATHLEEN MI. BARNEY Municipal Clerk PARISI X // x January 31, 2002