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
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Municipal Q erk