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HomeMy Public PortalAboutr 23-118Anolution of * Por]MA of (gait xet, N4, No. #23-118 Date of Adoptio April 27 2023 RESOLUTION OF THE BOROUGH OF CARTE RE, AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO.1 TO REDEVELOPMENT AGREEMENT BY AND BETWEEN THE BOROUGH OF CARTERET AND 21 WASHINGTON CARTERET URBAN RENEWAL, LLC WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et 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, on December 22, 2020, the Borough of Carteret (the "Borough") entered into that certain Redevelopment Agreement with 21 Washington Carteret Urban Renewal, LLC (the "Redeveloper") with respect to the redevelopment of the Property and the construction of the Project, as such terms are defined therein; and WHEREAS, the Redeveloper has changed the Project such that it now consists of a six (6) story mixed use project consisting of approximately one hundred fifty-three (153) market rate residential rental units, four thousand eight hundred eighty-five hundred (4,885) square feet of first floor commercial space, one hundred fifty-three (153) on -site parking spaces and certain other improvements; and WHEREAS, the Borough has negotiated an amendment to the Redevelopment Agreement with the Redeveloper ("Amendment No. I to Redevelopment Agreement, attached hereto as Exhibit A in substantially final form) with respect to the changes to the Project description; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. Amendment No. I to Redevelopment 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 air "Authorized Officer", in substantially the form attached hereto as Exhibit A, with such changes as such Authorized Officer, 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. All actions of the Authorized Officers and the. Borough Consultants taken prior to the date of adoption hereof in connection with the Redevelopment Agreement are hereby ratified and approved. Section 2. The Borough Clerk, or the Deputy Borough Clerk, is hereby authorized and directed, upon the execution of Amendment No. 1 to Redevelopment Agreement in accordance with the terms of Section 1 hereof, to attest to the Authorized Officer's execution of Amendment No. 1 to Redevelopment Agreement and is hereby further authorized and directed to thereupon affix the seal of the Borough to the Amendment No. 1 to Redevelopment Agreement. Section 3. Upon the execution and attestation of and if required, the placing of the seal of the Borough on Amendment No. 1 to Redevelopment Agreement as contemplated by Sections 1 and 2 hereof, the Authorized Officer is hereby authorized and directed to (i) deliver such filly executed, attested and sealed Amendment No. 1 toRedevelopmentAgreement to the Redeveloper and (ii) perform such other actions as the Authorized Officer deems necessary, desirable or convenient in relation to the execution and delivery thereof. NO, #23-118 PAGB 2 of 2 Section 4. The Authorized Officers are each hereby further authorized to perform any act, execute or acknowledge and deliver any other document, instrument or certificate, which the Authorized Officer, after consultation with the Borough Consultants, deems necessary, desirable or convenient in connection with the Amendment No. 1 to Redevelopment Agreement, and the Borough Clerk, or Deputy 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. This resolution shall lake effect at the time and in the manner prescribed by law. 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 27" day of April, 2023 ,and certified as a true copy of the original on April 28, 2023. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD Or COUNCIL VOTE COUNCILMAN YES NO NV A.S. COUNCILMAN YES NO NV A.B. BELLINO X JOIIAL X DIAZ X Ii UM X DIMASCIO X NAPLES X X-Indicate Vote AB -Absent NV -Not Voting XOR -Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Couneit April 27, 2023 r f I} n 1 Municipal Q erk