Loading...
HomeMy Public PortalAboutOrd. 22-29Orbinaurt No. #22-29 of t4Q nx�u lof gartmet, Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE OF THE BOROUGH OF CARTE RE' AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO. 1 TO FINANCIAL AGREEMENT WITH KTR NJ URBAN RENEWAL LLC WHEREAS, on August 16, 2006, Titan-PDC Carteret Urban Renewal, LLC ("Titan") and the Borough entered into that certain Financial Agreement (the "Original Financial Agreement") governing the real property commonly known as 8001-8005 Industrial Avenue, Carteret New Jersey and identified on the Borough's tax map as Block 705, Lots 20.01 and 20.O1X (the "Property"); and WHEREAS, in April 2011, Titan sold the Property to KTR NJ Urban Renewal LLC (the "Entity") and Titan, the Entity and the Borough entered into that certain Assignment and Assumption Agreement whereby Titan, inter atia, assigned all of its rights and interest in the Original Financial Agreementtothe Entity; and WHEREAS, the Borough and the Entity desire to extend the term of the Original Financial Agreement such that it shall remain in effect until thirty (30) years from the date the Project was completed; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough Council of the Borough of Carteret, County of Middlesex, New Jersey, as follows: Section 1. Amendment No. I to Financial 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, 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"), 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 Amendment No. 1 to Financial Agreement in accordance with the terms of Section 1 hereof, to attest to the Authorized Officer's execution of Amendment No. 1 to Financial Agreement and is hereby further authorized and directed to. thereupon affix the seal of the Borough. 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. NO, #22-29 2 of 2 PAlrP RECORD OF COUNCIL VOTE UNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. O X JOHAL X X KRUM X FDIIO X NAPIES X X- Indicate Vote AB -Absent NV -Not Voting XOR - Indicates Vote to Overrate Velo Adopted on first reading of the Council of the Boroueh of Carteret, N.Y.,December 8, 2022 -on Adopted on second reading after hearing on Dell ll ber 29 2022 APPROVED BY ,° v., MAYOR 1 EXHIBIT A FORM OF AMENDMENT NO.1 TO FINANCIAL AGREEMENT 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: December 13, 2022 n Notary ublic of New Jersey JENNIFER K.0 0 Notary" u 11 • State of New Jersey Commisslon # 50-18.8983 My Comm. Ex Ives Mar, 31 2027 Sworn and subscribed before me this Municipal Clerk ORDINANCE#22-29 j This ordinance authorizes the execution meat 61 to the KTR NJ Urban Renewal, U.0 Was on ($18.92) , at rtunity to be heard. Carmela Po9orrelsk MuXf— 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: Januga 4, 2023 Municipal Clerk "AN OF OF7 Notary lie of New Jersey APPROVE INTRODU Advertise IQJENNIFER K.OTERO 11 018 FUbllc • Slate of New Jersey Commission # 50.18.8983 My Comm. Ex Tres Mar, 31 2027 Sworn and subscribed before me this t day of 0*") ; ORDINANCE #22 29 AND ADOPTED. DECEMBER 29, 2022 9D: ,..DECEMBER 8, 2022 as Adopted on FFrst Reading of Pubic Hearin9:: DECEMBER 13. 2022 Id: OECEMBER 29, 2022 y: - MAYOR DANIEL J. REIMAa as Finally Adopted: ANUARY 4,.2023 Carmela Pogorzelskl, RMC Municipal Clerk