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HomeMy Public PortalAboutCarteret Landing File 8.8.23p\GH OF c4 ©� Barney, Kathy rt11 b P0f6 From: Kevin P. McManimon <KMcManimon@MSBNJ.COM> Sent: Sunday, February 14, 2016 10:54 PM To: Barney, Kathy cs"'k () \, Cc: 13030_033 _ CARTERET_ BOROUGH OF _Middlesex_Chrome Waterfront Redevelopment E_Mail Messages <{F31061}.iManage@MSBICOM14.ms-legal.com> Subject: Chrome Waterftont [1WOV-iManage.FID31061] Attachments: Carteret - Carteret Landing Termination Agreement [Executed 8-11-10]].pdf Kathy — per our conversation last week, attached is a copy of the Termination Agreement relating to the termination of the Carteret Landing Redevelopment Agreement. As we discussed, I'm not sure if this is responsive to the OPRA request, but you should have this for your file anyway. Kevin This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy, or disclose to anyone the message or any information contained in the message . If you have received the message in error, please advise the sender by reply e-mail or contact the sender at McManimon, Scotland & Baumann, LLC by phone at (973) 622-1800 and delete the message. Thank you very much. United States Treasury Regulations require us to disclose the following: Any tax advice included in this document, including any attaclunents, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code. 1 TERMINATION AGREEMENT BETWEEN THE BOROUGH OF CARTERET AND CARTERET LANDING, L.L.C. DATED August 11, 2010 13030-033 4105453 THIS TERMINATION AGREEMENT (the "Agreement") made this 11th day of August, 2010 by and between THE BOROGH OF CARTERET (hereinafter referred to as "Borough"), a municipal corporation of the State of New Jersey with offices at 61 Cooke Avenue, Carteret, New Jersey; AND CARTERET LANDING, LLC, a New Jersey Limited Liability Company, with offices at 90 Woodbridge Center Drive, Suite 60, Woodbridge, New Jersey 07095 (hereinafter referred to as "Carteret Landing" and, together with the Borough, the "Parties"). WITNESSETH WHEREAS, pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law") the Borough designated the properties known as Block 4, Lots 1, 2 (C.O. 100, C.O. 200, C.O. 300 and C.O. 400), 3 and 4, Block 5.1, Lots 1, 1.02, 1.03, 2, 5 and 6, Block 5.02, Lots 1.01, 1.02, 1.03 and 2.1, Block 6.1, Lot 1 and Block 6.2, Lot 12, and various parcels within Block 500 (collectively, the "Redevelopment Area"); and WHEREAS, the Borough designated Carteret Landing as the redeveloper for portions of the Redevelopment Area known as Block 4, Lots 1 and 2 (C.O. 100, C.O. 200, C.O. 300 and C.O. 400), and Block 5.02, Lots 1.01, 1.02, 1.03 and 2.01 (the "Project Area"); and WHEREAS, on May 12, 2004, the Parties entered into a redevelopment agreement (the "Redevelopment Agreement"), which provides for the redevelopment of the Project Area by Carteret Landing through the construction of, among other things, 957 Townhouses with an option to construct 575 more, 514 apartments with an option to construct 90 more, 215,000 square feet of retail and office space with an option to construct an additional 231,000 square feet of such space, a 220 unit extended -stay hotel, a ferry pier landing and various recreational facilities, as well as infrastructure and other public improvements to be dedicated to the Borough upon completion (collectively, the "Project") ; and WHEREAS, since the execution of the Redevelopment Agreement, the Parties have invested a significant amount of time, effort and expense to study the environmental condition of the Project Area; and WHEREAS, in light of the nature and extent of certain contaminants in the soil on the properties in the Project Area, together with the recent downturn in the housing market, the Parties recognize that it is not financially feasible for Carteret Landing to undertake the construction of the Project; and WHEREAS, the Parties have explored alternative ways to develop the Project Area, however, they have been unable to agree on how best to do so; and WHEREAS, the Parties desire to express their agreement that Carteret Landing be de - 13030 -033 410545-3 designated as the Redeveloper of the Project Area and that the Redevelopment Agreement be terminated. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereto do hereby covenant and agree, each with the other, as follows: Section 1. Termination of Redevelopment Agreement. The Redevelopment Agreement is hereby terminated and, except as otherwise set forth herein, neither party shall have any further rights or obligations thereunder. Section 2. Termination of Redeveloper. Carteret Landing is hereby terminated as the redeveloper of the Project Area and, except as otherwise set forth herein, it shall have no further rights or obligations in connection with the redevelopment of the Project Area. Section 3. Representations. Each party hereto represents to the other party hereto that: (a) it is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation; (b) it has the power and authority to execute and deliver this Termination Agreement; (c) authorized to do so; (d) to the best of its knowledge, its execution, delivery and performance of this Termination Agreement does not violate or conflict with any law applicable to it, or any order or judgment of any court or other agency of government applicable to it; and (e) its obligations under this Termination Agreement constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting creditors' rights generally and subject, as to enforceability, to equitable principles of general application, regardless of whether enforcement is sought in a proceeding in equity or in law). Section 4. Severability. The validity of any Sections, clause or provision of this Agreement shall not affect the validity of the remaining Sections, clauses or provisions hereof. the person executing this Termination Agreement on its behalf is duly Section 5. Governing Law. This Agreement shall be governed by and construed by the laws of the State of New Jersey. Section 6. Counterparts, This Agreement may be executed in counterparts. All such counterparts shall be deemed to be originals and together shall constitute but one and the same instrument. Section 7, Review by Counsel. This Agreement shall be construed and enforced in accordance with the laws of the State of New Jersey without regard to or any presumption or other rule requiring construction against the party drafting this Agreement, since counsel for both the Borough and Carteret Landing have combined in their review and approval of same. 13030-033 410545-3 Section 8. Successors and Assigns. This Agreement shall be binding upon the Parties and their respective successors and assigns, Section 9. Recitals Incorporated; Definitions Incorporated. The Recitals appearing in the Preamble of this Agreement are hereby incorporated by reference into this Agreement, as if set forth in full. The Definitions contained within this Agreement are hereby incorporated by reference into this Agreement, as if set forth in full. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURES APPEAR ON THE FOLLOWING PAGE.] 13030-033 410545-3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and witnessed or attested as of the date first written above. WITNESS: CARTERET LANDING, LLC 13Y: dt-it By: WITNESS: CARTERET LANDING, LLC By: 13y: Jeremy Halpern WITNESS: CARTERET LANDING, LLC By; By; Larry Pantirer ATTEST: BOROUGH OF CARTERET By: By: Kathleen M. Barney, Daniel J. Reiman Borough Clerk Mayor 13030.033 410545-3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and witnessed or attested as of the date first written above. WITNESS: By: By: Carl Goldberg WITIN By: 1 1j WITNESS: CARTERET LANDING, LLC CARTERET LANDING, LLC l 3 llp.rn. CARTERET LANDING, LLC By: By: Larry Pantirer ATTEST: BOROUGH OF CARTER ET By: By: Kathleen M. Barney, Daniel J. Reiman Borough Clerk Mayor 13030.033 410545-3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and witnessed or attested as of the date first written above. WITNESS: CARTERET LANDING, LLC By: By: Carl Goldberg WITNESS: CARTERET LANDING, LLC By: By: Jeremy Halpern WITNESS: CARTERET LANDING, LLC Larry P firer ATTEST: BOROUGH OF CARTERET By: By: Kathleen M Barney, Daniel J. Reiman Borough Clerk Mayor 13030-033 410545-3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed and witnessed or attested as of the date first written above. WITNESS: CARTERET LANDING, LLC By: By: Carl Goldberg WITNESS: CARTERET LANDING, LLC By: By: Jeremy Halpern WITNESS: CARTERET LANDING, LLC By: By: Larry Pantirer ATTEST: BOROUGH OF ERET B C (2 B 'kra-thrizeint M. Barney, Daniel an l trgfrefer- (1 ARiv As/s -- Jyrdn,694( ae,'/L 13030-033 410545-3 WWI SIR AU . ONCE INTERIM COST AGREEMENT This Agreement dated as of J . 4ft , 2003, is by and between the Borough of Carteret, New Jersey (the "Borough"), a municipal corporation of the State of New Jersey with offices at 61 Cooke Avenue, New Jersey 07008, acting in the capacity of a redevelopment entity pursuant to the provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the "Redevelopment Law"), and Carteret Landing, LLC ("Redeveloper"), a New Jersey limited liability company with an office at 90 Woodbridge Center Drive, Woodbridge, New Jersey 07095. WITNES SETH WHEREAS, the Redevelopment Law provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, the Borough has created a "Redevelopment Area" in the Chrome Waterfront area of the Borough and adopted a "Redevelopment Plan" entitled the Chrome Waterfront Redevelopment Plan pursuant to, and as defined in, the Redevelopment Law; and WHEREAS, Borough desires that certain parcels of property within the Redevelopment Area in the Borough (hereinafter "Project Site") be redeveloped in accordance with the Redevelopment Plan; and 1 WHEREAS, Borough desires to review certain information to be provided by Redeveloper in connection with Redeveloper's proposal for the Redevelopment Area ("Supplemental Information"); and WHEREAS, provided the Supplemental Information is acceptable to Borough, Borough and Redeveloper desire to enter into a Redevelopment Agreement to redevelop the Project Site in accordance with the requirements of the Redevelopment Plan; and WHEREAS, Borough has not yet reviewed the Supplemental Information and Borough and Redeveloper have not yet reached agreement on the terms of the Redevelopment Agreement; and WHEREAS, Borough requires that Redeveloper pay to the Borough all costs associated with the review of the aforementioned Supplemental Information; the drafting and negotiation of the Redevelopment Agreement; the Borough's retention of a qualified real property appraiser who shall perform certified appraisals upon the privately -owned parcels of property located within the Redevelopment Area; and all other costs and expenses directly related to this matter prior to the execution of a Redevelopment Agreement as specified elsewhere in this "Interim Cost Agreement" or prior to the determination by Borough or by the Redeveloper that a Redevelopment Agreement cannot be executed (collectively, the "Redevelopment Agreement Process"); and WHEREAS, in an effort to proceed with this vital redevelopment project the Borough shall retain the services of a qualified real property appraiser ("Qualified Appraiser") licensed to perform such services within the State of New Jersey that shall perform the aforementioned real property valuations upon the privately -owned parcels located within the Project site. 2 NOW, THEREFORE, FOR AND IN CONSIDERATION of the promises and of the mutual representations, covenants and agreements herein set forth, the parties hereto, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: The "Interim Period," Redeveloper shall pay to the Borough all Interim Costs (as defined below) incurred by Borough from the inception of the Redevelopment Agreement Process until such time as the Borough and Redeveloper enter into a Redevelopment Agreement or until such time as the Borough or Redeveloper determines that a Redevelopment Agreement cannot be executed for any reason (hereinafter referred to as the "Interim Period"). Redeveloper shall pay all Interim Costs even if a Redevelopment Agreement is not, or cannot be, executed for any reason. 2. Payment of Interim Costs. A. Definition of "Interim Costs." "Interim Costs" shall include, but not be limited to, all administrative fees and costs incurred by Borough during the Interim Period and all reasonable fees and costs incurred as a result of the Borough's retention of a qualified real property appraiser who shall perform real property appraisals upon the privately owned parcels of property within the Project Site and all reasonable fees and costs of any other professional, consultant, contractor or vendor retained by Borough during the Interim Period in connection with the Redevelopment Agreement Process. Interim Costs also shall include but are not limited to those fees and costs payable to Gill & Chamas, Esq.; 655 Florida Grove 3 Road, Woodbridge, New Jersey, counsel to the Borough. The Borough agrees to retain the Qualified Appraiser as soon as is reasonably practicable following the execution and delivery of this Interim Cost Agreement. B. Interim Fund. Within three (3) days of the execution of this Agreement, Redeveloper shall deposit Thirty-five Thousand Dollars ($35,000) with Borough (the "Interim Fund") and said Interim Fund shall be maintained by Borough in a separate account and shall be drawn down upon by Borough to pay Interim Costs. If the Interim Fund drops to Ten Thousand Dollars ($10,000), Borough shall notify Redeveloper in writing and Redeveloper shall replenish the Interim Fund to the original funding level of Thirty -Five Thousand Dollars ($35,000) within ten (10) days of demand made in writing by Borough. Every sixty (60) days, Borough shall provide Redeveloper with a statement of costs and expenses paid from the Interim Fund. Borough shall further provide Redeveloper with invoices from time to time during the course of the Interim Period and a final invoice within ten (10) days of either the date a Redevelopment Agreement is executed or the date Borough or Redeveloper determines that such an Agreement cannot be executed, setting forth the Interim Costs incurred by Borough which have been paid from the Interim Fund. Any failure on part of the Borough to affirmatively provide the Redeveloper with statement(s) of costs and expenses and/or invoices as set forth above shall not relieve Redeveloper of its obligation to pay to the Borough the Interim Costs provided for herein. Any balance due the Redeveloper will be refunded at the end of the Interim Period, or shall be disbursed in accordance with the Redeveloper's instructions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, all as of the date first above written REDEVELOPER: Carteret Landing, LLC Witness: BOROUGH: Borough of Carteret Attest: X:lwp-datalcorlmatiers\18760 interim Cost Agreement 8-18-03.doc D., iel J. Reiman, Mayor 5 JOSEPH F. RANIER! N) BAR iranieri@wvinerlesniak.com Via Lawyers Service Mayor Daniel J. Reiman Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 WEINER LESNIAK LLP Attorneys at Law 629 Parsippany Road P.O. Box 0438 Parsippany, New Jersey 07054-0438 (973) 403-1100 Facsimile (973) 403-0010 May 2, 2006 Re: Carteret Landings, LLC, a designated Redeveloper within the Chrome Waterfront Redevelopment Area File No. 18760 Dear Mayor Reiman: As you are aware, this firm serves as redevelopment counsel to Carteret Landings, LLC, the designated redeveloper of several parcels of property within the Chrome Waterfront Redevelopment Area. On behalf of Carteret Landings, LLC, herein 1 respectfully provide the Borough with a progress report on the Project. Currently the Redeveloper is in the process of refining the Preliminary Concept Site Plans for Phase I and Phase II of the overall Project. A finalized version of these plans is subject to the results of the Redeveloper's Environmental and Geotechnical Due Diligence studies. The Redeveloper is also attempting to complete the rather complex Environmental and Geotechnical Due Diligence studies of the various parcels of property contained within the Project Premises. In that regard, most of the landowners are being generally cooperative with the Redeveloper's efforts. Nothwithstanding this, DuPont has remained decidedly uncooperative with these efforts, seizing upon every opportunity to prevent the Redeveloper from determining the exact environmental status of its property. I think that you will agree that DuPont's obstructive conduct only undermines the Borough's efforts to revitalize critical areas of the municipality. As you will recall, the overall Project consists of Two (2) phases and an optional third phase. The Redevelopment Agreement provides the Redeveloper with an option to proceed with Phase 111, once it has determined the feasibility of that aspect of the overall Project. In light of the substantial progress that the May 2, 2006 Mayor Daniel J. Reiman Page 2 Redeveloper has made on Phases I and I I, Phase III remains a viable component of the overall Project. The Redeveloper therefore wishes to extend the aforementioned option to develop and construct Phase III. As such, the Redeveloper encloses herewith a check in the amount of Two Hundred Fifty - Thousand ($250,000.00) Dollars. This payment represents the Option Extension Payment for Phase III of the overall Project as prescribed in Section 2.3 "Phase 111 Option" of the Redevelopment Agreement. In closing, the Redeveloper anticipates even greater progress on the Project in the coming months and it looks forward to a continuation of the private - public partnership that has been fostered with the Borough. Should you have any questions regarding this matter please do not hesitate to call. Very truly yours, WEINER LESNIAK LLP By: mph �la eph F. Ranieri, Esq. A Member of the Firm JFR/mp Enclosure cc. Robert Bergen, Esq. (Gill & Chamas) —Via Lawyers Service Jeremy Halpern -(Atlantic Realty) -Via Fax and Regular Mail Carl Goldberg -(Roseland Properties) -Via Fax and Regular Mail Larry Pantirer-(Millennium Homes) —Via Fax and Regular Mail Leonard H. Berkeley, Esq. (Weiner Lesniak) —Via Interoffice mail Josh Levy, Esq. -- (Atlantic Realty) -- Via Fax and Regular mail 18760 Letter to Mayor Daniel J. Reiman 04-28-06 CARTERET LANDING-;-.:t..4.G : P;O� BOX`4a7 W00DBRIDGE, NJ 07095-045T DATE TO:THE ORDER OF 80ROER. C ONTAINS MICROPRINTINC 50074 $250,000 .00 * TWO SIGNATURES RE QUIRED FOM OUNTS OVER $1 .000 04/24/06 BANK OF AMERICA, N.A . 7-163/520 **** TWO HUNDRED F IFTY THOUSAND AND 00/100 DOLLARS BOROU GH OF CARTERET II'0500741I' 1:05200L6331: 0039 L84 i5878n' No 106-14 Councilman puraugli C nthref, , �r AN ORDINANCESTO AUMHO4IZE THE aman Aby CQUISITION AND/OR CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CHROME WATERFRONT REDEVELOPMENT AREA WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A, 40A:12A-1 et seq. as amended and supplemented ("Redevelopment Law"), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment, which process includes, if necessary, the power to acquire real property that is necessary to carry out and effectuate a redevelopment plan either by direct negotiation or by condemnation pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 el seq. (the "Eminent Domain Act"). WHEREAS, on February 20, 2003, the Borough of Carteret adopted Ordinance No. 03- 07 through which the Redevelopment Plan for the Chrome Waterfront Redevelopment Area .("Redevelopment Plan") was adopted by the Borough and which Redevelopment Plan identifies properties that should be acquired, if need be, to effectuate the purposes of the Redevelopment Plan, acquisition for said purposes having been recognized at law to be for a public purpose or for a public use. WHEREAS, section 40A:12-S(a)(1) of the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq. ("LLBL"), also empowers municipalities to acquire real property by direct negotiation or by condemnation, however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance. WHEREAS, the Borough has entered into a redevelopment agreement with -r3erel L i tIrn LLC ("Redeveloper") pursuant to which Redeveloper is obligated to carry out a redevelopment project in furtherance of the Redevelopment Plan, and the Borough has determined that acquisition of certain property within the jurisdiction of the Redevelopment Plan will be necessary to facilitate the redevelopment project and the Borough now wishes to authorize such real property acquisition by this ordinance, as required by the LLBL, the Eminent Domain Act, and the Redevelopment Law. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. The acquisition of any and all of the real properties identified in Exhibit "A" by any of the following methods, (i) consumniation of a purchase and sale contact which is the product of direct negotiations with the owners of such properties, (ii) by a gift, grant, bequest, devise or contribution by any owner of such properties, or (iii) by condemnation of any such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of implementing the goals and objectives of the Redevelopment Plan and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough Attorney and/or Special Redevelopment Counsel, or any attorney associated with such firm, are hereby authorized and directed to perform or carry out or cause to be performed or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to determine the value of any of the properties, the location and quality of any of the properties and any . environmental matters associated with any of the properties and to undertake , any action .necessary or appropriate to acquire the aforementioned real properties. NO. _if 06 .1_4_— 1 PAGE SECTION 3. The Borough Attorney and/or Special Redevelopment Counsel, or any attorney associated with such firm, are hereby authorized to negotiate with any of the properties' owners or filing and pursuing any condemnation action, as necessary. SECTION 4. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actions and execute and deliver any paper, form, or document necessary or appropriate to acquire said properties by any of the methods set forth in Section I of this ordinance. SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repealed to the extent of any such inconsistency. SECTION b. This ordinance shall take effect upon publication as provided by law. COUNCILMAN YES 00 NOT USE ;PACE BELOW THIS LINE RECORD OF COUNCIL VOTE NO NV A.H. COUNCILMAN —.BELI.I.NO DIAZ KRUM X X X X • indicate Vat NAPLES RIOS YES X X NO NY A.B ' SJTAR7. • AB • Absent NV . Not Voting XOR • indicates Vote t0 Overrule Veto Cl? Adopted on first reading of the Council of the Borough of Carteret, N.I., an _Teter iaryi16 a 2006_ Adopted on second reading after he tug on March 2, 2006 APPROVED B ON MAYOR MUNICIPAL, CLERK vll r L ® Kirkpatrick&Lockhart Nicholson Graham LLP A Delaware limited liability partnership March 28, 2005 Via Telecon v Robert J. Bergen Esq. Gill & Chamas 655 Florida Grove Road Post Office Box 760 Woodbridge, New Jersey 07095 Re: Borough of Carteret and Carteret Landings, L.L.C. v. E. 1. DuPont De Nemours and Company and Basin Holdings Corp. Docket No. MID -C-45-05 Dear Mr. Bergen: One Newark Center Tenth Floor Newark, Ni 07102-5252 973.848.4000 Fax 973.848.4001 www.king.com John M. Marmora 973.848.4016 Fax: 973.848.4001 jaiarmora@kIng.com As you are aware, this office represents E. L du Pont de Nemours & Company ("DuPont") with respect to the property it owns in the Borough of Carteret (the "Borough") that is designated on the tax map as Lots 1.01 and 2.01 in Block 5.02 (the "Property"). Attached is a copy of the Order entered by Judge Francis on March 23, 2005. Please note that the right of preliminary access to the Property —limited to testing via ground -penetrating radar — was granted to the Borough and that any entry by Carteret Landings, L.L.C., Melick-Tully, or any other party is strictly as an agent of the Borough. Accordingly, the purpose of this letter is to place the Borough on notice that DuPont will look to it for indemnity from and against any and all loss, cost, expense or other damages that DuPont may suffer as a result, direct or indirect, of the entry and activities of any person on its Property as the Borough's agent pursuant to the aforesaid Order. Please be guided accordingly. g.— Q�-` �4l 1 � ft` NW -70931 v 1301245-0701 BOSTON • DALLAS • HARRISBURG • LONDON • LOS ANGELES • MIAMI • NEWARK • NEW YORK • PITT59URGR • SAN FRANCISCO • WASFN` Anthony P. La Raceo, Administrative Partner, New KL Kirkpatrick & Lockhart Nicholson Graham LLP Robert J. Bergen Esq. March 28, 2005 Page 2 This notification is without waiver or prejudice of any kind whatsoever to the rights, remedies, defenses, and other privileges DuPont may have, including, but not limited to, its right to contest any attempted condemnation of the Property in the future. Very truly yours, John,M. Marmora 7.JMM:ceh Attachment cc:w/all Leonard H. Berkeley, Esq. James M Turtletaub, Esq. Bernard J. Reilly, Esq. Clerk, Borough of Carteret (Via Facsimile) (Via Facsimile) (Via Facsimile) (Via Cert. Mail RRR) RightFax 3/23/2005 2:47 PAGE 2/4 RightFax • NOaKs¢ W-..P.1.«R1.1,F.Af Frar r� WEINER ESN1AK LLP .3tto heyr al.bm B2 PARGIFi v ftoAQ PAN9tPPANY, NJ 07054 -04311 B73.4W-I 100 ei0a Op I'd t7A or frtd upop &!t Cotansel nrr�/a0100tats'ti iihlrt e1 rec#IY #:areal LAW OFFIC.ES OF GILL & CIIAMAS 655 Florida Grove Road P.O.iox!60 Woodbridge, New Jersey 07095. (732) 324-7600 • Attorneys for Plaintiff, Borough of Carteret WEINER LESNIAK 629 Parsippany Road P.O. Box 438 Parsippany, New Jersey 07054-0438 (973) 403-1100 Fax: (9?3) 4,03-0010 Attorney for Plaintiff, Carteret Landings, L.L.C. 18760 0rdcrJ-22-OS.rlr.doc 13QROIGH OF CARTERET4 a 'municipal corporation of the State Of Neiv Jersey, and CAR`I'_i RET LANDINGS, L.L.C. Plaintiffs, VS. FILED ,R 26 2005 JUDGE TRAVIS .. FR ANGIS RECEIVED MAR 2 3 2005 Judge Travis L. Francis : SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION : MIDDLESEX COUNTY DOCKET NO. MID -C -45-0S I .I. DuPONT De NEMOURS',ND COMPANY, a : corporation of the State Of Delaware, mid BASIN : HOLDINGS CORP., a cOrpor;itlon of the State of : New jersey, Dt:fendaIrk ts. CIVIL ACTION ORDER THIS MATTER :coming before the Court on Verified Complaint and Order to Show Cause on behalf of the plaintiM, Borough of Carteret and Carteret Landings LLC, through their respective counsel, ' in the presence of defendants, E.l, DuPont De Nemours and Compatiy ('`DuPont") and Basin Holdings Corp. ("Basin") by their respective counsel, and the Court having reviewed the briefs, cefli lcations and other submissions in support of and in opposition to the application,.and good cause :havhigbeen shows.; IT TS on this clay of March, 2()05, 1 RightFax 3/23/2005 2:47 PAGE 3/4 RightFax ..515.44,14034 4 L4i�t"�i�iiai�i�i;1iS33t�lNi:Itiu��Oil;E]lSi:,ifYfd�S°`:"t�'iiYii+irlYll41 WEINER ;LFSNI ' £LP 1rr*rooys al LaW 620 PARt0Y-M +Y Rain PAnaiPPARY, r4.J 071-403-1100 ORDERED as follovys: (1) That plaintiff, Borough of Carteret, its agent, plaintiff, Carteret Landings LLC and its consultant, Melick-Tully Associates ("A/click-Tully") is granted authority to enter upoli DuPont's Property known as Block 5.02, Lots 1.01 and 2.01 on :the Official Tax Map of the Borough of Carteret for the purpose of the perforating of Ground Penetrating Radar upon the DuPont Property, which entry arA. ►l4✓I'/ AeotV*,at �GVlC�.r upon said DuPont Property sbalWake place during reasonable business hours on any day after three (3) days from the entry of this Order and April 4, 2005, inclusive; and (2) The plaihti£t Borough of Carteret, Ilikuntgla its agent, plaintiff Carteret Landi»gs LLC and its consultant, ivielick-Tully is hereby granted. authority to enter upon Basin's Property= known as Block 5.02, Lot. I;02 on the Official 'Fax Map of the 411'f -k 9'6'' ko urf AA/AR((!Mica_ Borough of Carteret during reasonable business hours on any day alter three (3) days from the;en!ry of this Order and April 4, 2005, inclusive, for the purpose of performing G ound Penetrating Radar, as well as implementing a test boring procedure: at the location on the Basin Property sho vn on Exhibit Y to the Verified Corn[ilaint; and (3) (Defendants, DuPont and .Basin are entiticd•to have a representative present to observe the ae1 tivities, as described above, authorized by this Order on their properties; and (4) Defendas t, BaSizt is entitled to receive a split sample if a soil sample is taken on the Basin; Property; and 2 RightFax 3/23/2005 2:47 PAGE 4/4 RightFax WEINER ; ESNIA7C LIP Affmwxya ei taro 624 PARSIPPANY ROAD. PARSIPPANn NJ 0702.4.O4SO 6'7s-403-1 10o (5) l�lairrtili, Carteret Landings, L.L.C. is hereby directed to present to this Court a mummy of tlw cost and expenses to be incurred in the performance of in -field soil drilling or sampling upon the DuPont Property pursuant to Melick-Tully's Scope of Servic4s no later than April 4, 2005; and -- (6) The hearing on the Order to Show Cause shall be continued. on ?vianday, April ea 2005 at :1 :at) /p.m., at which time and place, all of the rights of the parties not other4vise adjudicated herein shall be reserved to then; and A copy of this Order slirtll be served by counsel for plaintiff., Carteret Landings, L.L.C. upon all other counsel in this action within _ILL days of the date hereof. 3 E= E M c. di • Carteret Landing, c/o Atlantic Realty :De velopment Corporation antic Realty Development, Corporation go Woodbridge Center Drive oodbridge, NJ 07095 soc aces_ uite- icrolab_Roa .. :- ,. ;.avingston, NJ 07039 oseland Property Company 233 Canoe Brook Ro ad Sho rt Hills, NJ 07078 Che ster, Ploussas, Lisowsky. Partnership, LL P_ Metro Park=South 100 Matawan-goad, Suite:16o - •+v .H., .-aa -ik*.waif-^1+xti+.+S+-�'sr 't �r "•'u �r•s ham`. .-'•4rumr a '�� Matawan, NJ'o7747 VI Alb rf,k porp'Q a.s i 1 p� a g$ gp ti 1 TABLE OF CONTENTS SECTION 1 :: Executive Summary :: Letter of Intent :: Acknowledgement of Addenda SECTION 1 :: General Information :: Administrative SECTION ill :: Fi nancial Qualifications SECTION TV • • Technical Qualificati ons SECTION V P roposed -Development Plan 7114 1rN h �p'✓trr� . . .. COON I Executive Surmnary tter of Intent :: Ackn owledgement of Addenda I. �.i�,M �.a,;Ir...�,.,rl' «, ..xvwta.ti -s"�°:'o'L�t o-r-. nr::ei."`.'"Y.�-r; .. ,. ,.,.�Ln�,.L..v`. v'i .� ..t .�, ?:;,4a:w ✓x�4wll,e -•+. c„� -+. ... .rnVv w� .. n.yk.;w xp ,ry� a s.y,L �yar.y:tr.,r•.ayr�u ya.tr ..wNna en a. . -w.. r . .. .. ... ., � � �..r w.r✓x�:ri.• .:r+wv� +�� +xtG:Lnv:••wwWu4..w�ytr yf1. L . tip Y! �} �! }S7lLps°`+•� pi41f8• �wf,. F � .. tl'rl �h�a�J.pyr*iNn. 41^111 �(4i,�J�-TJ!G.` .... `F3` �.. �. ^}i ' I .,' ExECUTIwE SUMMARY this Response, the Carteret Landing developme nt prop oses to t''create an entirely new residential and commercial neighborhood for the Borough of Carteret . This new rede velopment will re- invigorate the entire Borough and re -define its current primarily industrial image. It's 2,720 units on 95 acres is a development large eno ugh to create its own environment which will comple- ment the current residential area of the Borough . Most impor- tantly, it will connect the residential area of the Borough to the waterfront, providing facilities a nd services that currently do not exist. Indeed, it will be a major impet us for direct ferry connec- tion to Manhattan that will serve everyone. Its traffic will be carried aro und the current residential area on an existing and soon to be impr oved mai n arterial. The development will have a total market value of over $700 million a nd provide the B orough with a substantial yearly tax surplus. It is exactly the type of new devel opment called for by the State in its Development and Redevelopment Plan and by the Gover nor in his recent "Big Plan. " Illustrative Site Plan The development team is arguably the best -qualified group in the State. A joint venture co nsisting of three major developers, Atlantic Realty, BNE Associates and Roseland Properties, they have built over 100,000 reside ntial units betwee n them in the State over a fifty-year peri od and millions of square feet of com- mercial space. They own and manage well several billion dollars worth of apartments, numerous office b uildings a nd shopping centers in New Jersey. One of the team members is building a 1,674 unit waterfront redevel opment project only 5 miles south of this tract, also on the Arthur Kill (Harbortown). Another is building a 430 unit redevelopment project in West New York on the Hu dson Riv er. The third is buildi ng a 36o unit waterfront redevelopment project across from Newark in Harrison at the Passaic River. One of the team, Atlantic Realty, is well known to the Borou gh. They have built the much acclaimed Meridia n Square development adjacent to this redevelopme nt site and have been designated as the redevelo per of the 5.5 acre parcel immediately to the west of this tract. In fact, o nly Atlantic Realty is in a position to tear down part of Meridian Square and redesign the redevelopment project to create the vital extension of Carteret Bo ulevard thro ugh the new project to the water. Financially, each of the three component entities of Carteret Landi ng, LLC is a major company; each can easily afford to build this size project alone a nd have done so . Combi ned, their total net worth approaches a billi on dollars with a borrowing capacity many times greater. From a stability viewpoint, these companies have operated f or over half a century. Two are family companies with second and third generatio ns now involved. Fr om a man- ageme nt viewpoint, the managing partner, Atlantic Realty, has its headquarter offices located only 5 miles from this site in the ne xt town. It has already built an acclaimed project in Carteret and would use many of the same key personnel who are very familiar with the area. Waterfront Promenade Pe rspective April 17, 2003 Mayor Daniel J. Reiman Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 R E: Re sponse to RFP, dated February 21, 2003, Related to Redevelopment Of Portions of the Chrome Waterfront Redevelopment Area The undersigned, as Respondent, has submitted the attached Response to th e Request for Prop osals (RFP) issued by the Boro ugh of Carteret dated F ebruary 21, 2003, in connection with the implementation/effect uation of a proposed contra ctual re lationship for the d evelopment Proj ect as identified in the RFP_ GARTERET LANDING, LLC HEREBY STATES: t. The Response c ontains ac curate, factual and complete inf ormation. 2_ it is the intent of Carteret Landin g, LLC, if selected, to complete and submit a Proposal f or development of the Project as generally described in the RFP. 3. Carteret Landing, LLC agrees to pa rticipate in good faith in the selection process as described in the RFP and to adhere to the Borough's selection schedule. 4_ Carteret Landing, LLC acknowledges that all costs incurred by them in connection with the preparation a nd,subrnission of the Response prepared and submitted in response to the RFP, or any n ego tiations which result there from shall be borne exclusively by the Respondent . 5 Cartere t 'La nding, LLC hereby -declare s that the only pe rsons participating in this Response as Principa ls a re named herein and that no person other than those herein mentioned has any participatio n in this Respon se or in any contract to be entered into with respect thereto. Additional persons may subse que ntly be included as participa ting Principa ls, but only if accept able to the Borough. Carteret Landing, LLC declares that this Response is made without connection with any other person, firm or parties who have submitted a Response, except as expressly set forth below and th at it has b een prep,ared and h as b een submitted in good faith and without collusion or fraud_ 6. Carteret Landing, LLC acknowledges and agrees that the Borough may modify, amend, suspend and/or terminate the selection process (in its sole judgment) and that, notwithstanding efforts of the Borough and the Respondent, the Boro ugh may decide not to proceed with implementation of the project described in the RFP, In either case, n either the Boro ugh nor its officers, agents or representatives shall have any liability b the Respondent for any costs incurred by the Respondent with respect la the activities described in this RFP. 7. Carteret Landing, LLC acknowledges that by submitting a Response to th e RFP, it is agreeing and consenting to all conditions, restrictions, releases and other provisions contained therein. C ARTERET LANDING, LLC Atlantic Realty Development Corp. Carl Ro Irer ociates, Inc. PLANNING • ARCHITECTURE • ENGINEERING • SURVEYING METRO PARK SOUTH• 100 MATAWAN ROAD • SUITE 100 MATAWAN, NEW JERSEY 07747-3913 TELEPHONE (732) 566-0297 • FAX (732) 566-5283 www.CPLpartnership.com JOHN P. CHESTER R.A., P.E., P.P. PRANK J. LIso1NSKY R.A., P.P. GREGORY PLOUSSAS RE., P.P. MICHAEL PUCCI P.E., P.P. MICHAEL C. NOLAN P.L.S., P.P. RICHARD J. VIVENZIO R.A. THOMAS T. McGRATH P.E. RICHARb G. RUCHALSKI P.L.S., P.P. MARY M. KELLOGG P.E., P.P. Borough of Carteret Office of the Mayor 61 Cooke Avenue Carteret, NJ 070.08 MAILING ADDRESS: P.O. BOX 943 MATAWAN, NJ 07747-0943 E-MAIL ADDRESS: GENERAL O CP Lpartnershlp.corn April 22, 2003 RE: Acknowledgment of Addenda On behalf of Carteret Landing, LLC, we have, prepared this proposal in accordance with the RFP and all subsequent addenda that has been provided to our firm. Should you have any questions or desire additional information, please do not hesitate to contact me. Very truly yours, • hn P. Chester, R.A.,P.E.,P.P. JPC:mv • G ene ral Information````;'= "Administrative r,r.. MT .'Cr ..; �.1. .'hIk`R1:ttl'!W.!'F'i?F�rV/w¢:aW' Mw: . .:..,.x•, � , GENER AL INFORMAT ION Respondent Car teret Landing, LLC c/o Atlantic Realty Development Corporation 90 Woodbridge Center Drive Woodbridge, New Jersey 07095 Phon e: (732) 750-1111 Fax: (732) 750-9515 Carteret Landing, LLC is a company fornied by Atlantic Realty Corpora tion, Roseland Property Company and BN E Associates. Each Parent Company is well known for its strengthand commitmen t as a developer, and together they h ave combined ex perience of over 110 years. Atlantic Realty Developmen t Corporation 90 Woodbridge Center Drive Woodbridge, New Jersey 07095 Phone: (732) 750-1z11 Contact: Jeremy Halpern Affiliated Companies BN E A ssociates Suite A 16 Microlab Road Livingston, N ew Jersey 07039 Phone: (973) 992-2443 Co ntact: Larry Pantirer Roseland Property Compa ny 233 Canoe Brook Road Short Hills, New Jersey 07078 Pho ne: (973) 218-2300 Contact: Carl Goldberg 1 ATLANTIC R EALT Y DEVELOPMENT CORPOR ATION COMPANY OVERVIEW Atlantic R ealty D evelopmen t Corporation is a privately held corporation specializing in lan d developmen t, property management and community redevelopment. Atlantic Realty is the overall ho lding company for the Halpern family development business. Founded in 1956 by Sam and Ar i Ha lpern, their business is still thriving. The Halpern family development business has developed hun dreds of residential and commercial projects over the last 57 years. It is currently building approx imately 1,10o units per year an d own s and ma nages thousan ds of apartments an d millions of square feet of office buildings and shopping centers. Both of the senior Halperns are still active in the bu siness, but they are now joined by a number of sons and sons-in-law in two more generations. Atlantic Realty Development Co rporation has established lasting relationships ---many exceedin g 3o years ---with communities an d municipalities, tenants and homeowners in cen tral and northern New Jersey, as well as New York, Pennsylvania, Florida and Califo rnia. It maintains a strong, personal interest in every community with which it has partnered to achieve real estate excellence. Many members of Atlan tic Realty's profession al staff have spen t their entire careers with the company, reflecting the compan y's commitment to both intern al an d ex ternal satisfaction. Since its inception, Atlantic Realty has consistently achieved financial solvency with minimal debt constraints. The company's fiscal acumen has also permitted it to exercise its own brand of e ntrepre neurial spirit, inclu din g joint ventures. This has enabled the company to achieve the highest quality planning, construction, management an d redevelopment products with ex ception al cost -efficiencies. Atlantic Realty's experience, insight and instincts as a privately owned and operated real esta te development enterprise has enabled the company to thrive ---even in economically volatile tunes. KFY PERSONNEL Dav id H alpern , Jeremy Halpern and Alan Schall . Da vid Halpern joined his father Sam in the business in the early 1970's. He is n ow one of the senior principals in the business. He is directly responsible for building in excess of 1,1oo units per year in over 25 projects, and f or managin g some 10,0 00 apartme nt units . He will serve as the senior developme nt advisor and development manager for C arteret Landing . Jeremy Halpern joined his father, David Halpern, in the late 1990's. He has been involved with the management of a n umber of the firm's developme nt projects. Jeremy Halpern will function as a Project Manager for Carteret Landing primarily handli ng office and approval f unctions . Alan Schall is David Halpern's son-in-law. He joined the family business in the late 1990's. He has also been involved with the constr uction of a number of developments, most notably serving as the Project Manager responsible for building Meridian Square. Mr. Schall will serve as a Project Manager f or Carteret Landi ng. He will be primarily responsible for the field activities and active constructio n. He will also serve as the everyday liais on with the Municipality. ROSELAND PROPERTY COMPANY COMPANY OVERVIEW Roselan d Property Compa ny is a New Jersey based, full serv ice real estate organization pr im arily involved in the development and co nstruction of residential properties throughout the Northeastern United States. With strong historical expertise in land use, co nstruction and property management, the R oseland family of companies is positioned to max imize the value of its real estate portfolio of more than 50 assets including institutional grade multi -family rental communities, townhome and single-family "for -sale" communities, as well as its portfolio of more than 12 ,00 0 units of developable multi- family lan d. During the early and mid -1990's Roselan d Property Company acquired mo re than 400 non -performing loans pr imarily secured by the developmen t parcels in the Philadelphia to Boston corridor. These projects involved some of the most complex environmental, brown field and waterfront developmen t issues confronting state regulatory agencies; successfu l redevelopment and liquidation of each of these parcels significan tly enhances the Company's land use and creative redevelopmen t skill sets. Importantly, the tangible physical and political achievements attendant to these redevelopment enhanced Roselan d's technical capacity, reputation and a ccess to regulatory agencies and enable Roseland to a sses s, analyze a nd ex ecute new, larger and more complex real estate projects, especially those requi ring urba n develo pment. The Company's flagship endeavor is the developme nt and construction of Port Imperial, a $1.7 billion mixed -use, master -planned waterfront development which spans two miles directly across the Hudson River from Midtown Man hattan. This development helped pioneer an industry -wide interest in the un tapped potential of N ew Jersey's last great land resource, its "Gold Coast" riverfront facing Manhattan, where fifteen million sq uare feet of institutional grade commercial and residential projects ar e under developmen t or have recently bee n completed. A significant portion of our portfolio land has been gen erated by land owners, municipalities, and financial in stitutions seeking out Rosela nd as their development partner. Our skills have allowed us to garner projects by conceiving and submitting high-gnnifty and e xciting proposals that bring physically and fi nancially attractive solutions to complex sites and upgraded lifestyles and ratables to the host communities. Recently our talent and expertise have been rewarded through the gra nting of a number of high -profile urban development projects including: "The Highlands at Morristown Station" — Morristow n's New Jersey Transit statio n rede velopme nt, "MassPort Redevelopment" — East B ost on waterfront (585 residential units), and "Lightho use Landing at Sleepy Hollow" — former General Motors plant waterfront redevelopment in Westchester, NY (1,465 u nits) and over 250,000 squ are feet of retail and office. A significant amount of our high density infill redevelopment acti vity includes the benefits and complexities of waterfront master -plan redevelopments. As a result, Rosela nd Property Company has emerged as one of the Northeast's foremost waterfront devel opers. The Company genera lly has more than $250 million in dev elopment projects under construction, and has ownership and management responsibilities in a variety of partnerships that operate in excess of $1 billion in properties throughout the region . These properties will provide on going development programs for the co nstru ction of approximately 12,000 residential un its and two million square feet of commercial space in the high barrier to entry New Jersey to Boston corridor, or more tha n $3 billio n of projects over the next seven to ten years. Roseland Property Company employs a growing staff of 270 associates including real estate professionals with specialties in land use, con stru ction, property management, finance and asset services. Their efforts are directed daily to the goal of con tinu ing the adv ancement of Roseland Compan y and its affiliates. An other very important component of our success is o ur roster of financial partners, including Prudential Real Estate Investors, California Public Employees R etirement System, Lehman Brothers, A pollo Real Estate A dv isors, and the Milstein Family. These organiz ation s have made substantial investments in the Company's development projects and provide R oseland the financial strength that is required to be competitive with public companies in our industry. ROSELA ND PROPERTY COMPANY KEY PERSONNEL The Partners R oseland Property Company was established in Aug ust of 1993 by Bradford R Klatt, Marshall E. Tycher, and Carl J. Goldberg, who share a combined sixty years of e xperience in real estate and finance . The Milstein Family acquired a minority interest in the company in 1997. Bradford R Klatt Prior to founding Roseland Prope rty C ompany, Mr. Klatt was an active investor in real estate, specializing in no n - and sub -performing assets since 1983, when he joined Goldman Sachs & Company to establish its Principal In vestment Department. During his si x years at Goldman, he b uilt the firm's investment portfolio to more than $1 billion. In 1988, Mr. Klatt formed his own company a nd led the acquisitio n of more th an $900 million of real estate assets and corporate interests primarily in distressed circumstances. These investments include controlling interests in Allegheny Inter national (Sunbeam — Oster Corp.), E & 13 Marine, Inc., and Merit Investment Partners, L.P . (Owner of three million squa re feet of industrial properties located in Dallas, Texas). Mr. Klatt received a B.A . Degree from Skidmore College, a Juris Doctorate from Alba ny Law School and an A.P.C. from New York University Grad uate School of B usiness. He is mar ries with four children an d resides Livingston, New Jersey. in Carl J. Goldberg Marshall B. Tycher Prio r to founding Roseland Property Company, Mr. Tycher was with Lincoln Property Company. He joined Lincoln in 1979 as a Multi -Family Development Officer, and he was a ppoin ted the Texas operating par tner in 1981. From 1979 to 1986, Mr. Tycher dev eloped and acqu ired 9,0 00 apartments in Tex as and Louisiana, in addition to overseeing the management of Lincoln's 20,000-unit Texas po rtfolio. During this time, he formed Linvest, Lincoln's in-house securities broker -dealer, and serv ed as a consulting partner for Lin coln's Residential Development G roup in Kansas City and Washington, D.C., where he was actively involved in the plann ing, financing and construction of 1,70o apartment units. In 1987, Mr. Tycher established Lincoln Northeast R esiden tial, Inc. and developed and managed 2,300 apartmen t units in Pen nsylvania, New Jersey, Connecticut, Massachu setts, and R hode Island. During that period, Mr. Tycher established Boston, Philadelphia and Connecticut o perating offices. Mr. T ycher received a BSBA from the Un iversity of Denv er, a Juris D octorate from Southern Methodist University, and he is a member of the Texas State Bar. He is married with three children and resides in Short Hills, New Jersey. Prior to fo unding R oseland Property Company, Mr. G oldberg spent his entire real estate career with Bertram Associates. He joined Bertram in 1979 as a Project Manager for the development of single-family homes as well as Hastings Squ are, the first Planned Unit Development in Morris Cou nty, New Jersey . Mr. Goldberg became an operating partner at Bertram in 1983. From 1983 through 1994 he was responsible for the development of major projects thro ughout Northern New Jersey, comprising more than 1,000 u nits of single- family and multiofamily residential housing. During this period, Mr. Goldberg actively served on the Boards of the Condominium and Homeowner's Associations created by these developments, participating in c apital reserve analysis, budget preparation and construction management. Mr. Goldberg has been an active member of the National Association of Homebuilders since 1984- He is a Past President of the Community Builders' Association, as well as the c urrent Chai rman of the Builders' Political Action Committee. Educated at Johns Hopkins University, Mr. Goldberg received a B.A. in Environmental Sciences. Additionally, he is a licensed Realtor and a member of the Community Association Institute. He is married with two children and resides in Rand olph, New Jersey/ Ivan M. Baron Prior to joining Roseland, Mr. Baron was a Senior Associates at the law form of Riker, Danzig, Scherer, Hyland and Perretti, where his practice included foreclosure an d collection litigation in addition to all facets of real estate acquisition and fin ancing transactions. Mr. Baron joined Roseland as General Conn sel in January 1994. As Genera l Counsel, Mr. Barin oversees all legal matters relating to Roseland's assets and corporate matters. Specifically, Mr. Ba ron devotes a substantial amount of time stru ctu ring, negotiating, a nd documenting joint ven tu re agreements with Roseland's institutio nal partners, and negotiating construction and perman ent fin ancing tran sactions. Mr. Ba ron is a gradua te of Muhlenberg College and received his Juris Doctorate from Rutgers Un iversity. He presently resides in Warren, New Jersey with his wife and two children. Milstein Family In 1997, the Milstein Family, one of the preeminent real estate dev eloper/investors a nd bankers in the United States, made a substantial capital contribution to R osela nd and acquired a minority interest. The Milstein Family Organization is a diverse family owned and operated business that began in 1915. Their portfolio is primarily focused in Man hattan where they have developed more than 10,0 00 residential units, 1.1 million square feet of Class -A office space, a major office building in Manhattan's financial district, and more than one million square feet of retail, professional and garage facilities. In addition, . the Milstein 's hotel operations include several well-known New York City hotels, which they either developed or acquired. Outside the real estate a rena, the Milstein's major holdin gs include the Emigr ant Sav ings Bank, on e of the oldest banks in the cou ntry . Our relationship with the Milstein Family is o ne of Roseland's most valued assets. For more tha n five decades, the Prin cipals of BNE Associates hav e been building one of the strongest foundations in the real estate community. A diversified real estate orga nization a ctive in the for sale and rental residen tial, commercial, indu strial a nd retail development sectors, BNE Associates continues this prou d tradition into the new century. With the formation of Millennium Homes, the Principals of BNE have established a new standard of excellence in the homebuilding indu stry. This highly -focused and experienced homebuilding division is dedicated to creating a successful track record in v irtually every residential product type from entry level townhouses to luxu ry apartments to custom million dollar estate homes. BNE Associates and Millen niu m H omes have built its respected re puta tion on creating value for its partners, its customers and for the communities in which they build. Throughout their distinguished careers, the Principals of BNE Associates recognize .that one thing that nev er wavers is their integrity and commitment to building lon g-term relationships. This is evident in their portfolio which features 20,00 0 homes, 10,000 rental apartments and ov er 1,000,000 square feet of retail and commercial office space. The company has diversified its po rtfolio to take advantage of opportu nities that exist outside their core New Jersey market. They have successfully built new developments in New Yo rk, Pennsylvania and Texas and BNE ASSOCIATES COMPANY OVER VIEW continue to seek growth in targeted markets throughout the cou ntry. BNE Asso cia tes has ex perienced extraordinary growth as a resu lt of its ability to target market their development projects in order to effectively meet demand . The company's vast internal infrastructure include sever al of the state's highest profile marketing, sales and land acquisition specialists. As a result of inte nse training, exceptional recruiting and proven leadership, the company has assembled a world -class team of professionals that integrate every facet of acquisition, approval, construction, design, marketing, sales and planning. Founded by Murray Panti rer and now under the leadership of his son Larry Pantirer and sons-in-law Howard Schwartz and Alan Pines, this in novative partnership, as a result of their commitment to quality and value, has built an o utstanding reputation as one of New Jersey's preeminent builders. BNE ASSOCA 1ES KEY PERSONNEL LARRY PANTIRER Larry Pantirer earned a B. A. Degree from Cornell U niversity in 1971. He graduated from New Yo rk Law School in 1975 and is a member of The New Jersey Bar Association. In 1985, he along with his partners, formed BN E Associates. Larry's expertise in legal matters, land pla nning and the a pproval process strongly influences the success of Millennium Homes. HOWARD SCH WARTZ H oward Schwartz attended Pratt Institute and Herbert Lehman and earned a B.S. Degree in 1972. As a principal of BNE Associates, Ho war d oversees the constru ctio n of more than twenty-five housing developmen ts and supervises a staff of more than seventy-five field personnel co mprised of sales managers, project managers and construction support. Howard's hands-on approach to managing the on -site operations of Millennium Homes is a major asset to the company. A LAN PINES A lan Pines graduated Boston U niversity with a B.S. Degree in 1979. He earn ed a B.A . D egree in 1981 from Arn old and Ma rie Schwartz College of Pharmacy. A fterward, he joined his brothers-in-law at BNE Associates. Alan is responsible for the overall financial dev elopment of the company including the supervision of more than one hundred staff members in the company's financial departments. PR OJECT ORG ANIZATION The Carteret La nding project would be built under a joint ven - ture of the A tlantic R ealty D evelo pment Corporation , BN E Associates and the Ro sela nd Property Company. Principals from each of those entities, specifically Sam and David H alpern from A tlantic R ealty Development Corporation, Larry Pantirer of BN E Associates, and Carl Goldberg of Roseland Properties, would form the decision -making " Board" of Carteret Landings, LLC. All of the principal development decisions, including the basic plann ing and design have been, and would be, made by this group. Because of the pro ximity of their office and their prior experience in building the Meridian Squ are project in Carteret, Atlan tic PROJECT ORGANIZATION CHART ROSELAND PROPERTY CAR L GOLDBERG STATE AGENCY ADVISOR JEREMY HALPERN PROJECT MAN AGER (OFFICE) BNE A SSOCIA TES Realty will handle the detailed man agement of Carteret Lan ding. Dav id Halpern of A tlantic Realty will be the Senior Partner involved with management decisions. Carl Goldberg of Roseland Properties will be the Senior Partner involved with resolving any difficulties with State approvals. There will be two Project Managers invo lved with the everyday management of the project. Jeremy Halpern of Atlantic Realty will ov ersee approvals and office matters and Alan Schall of Atlantic Realty will oversee field and construction issues. Although both will be immediately a vail- able to the Municipality, it is expected that Alan Schall will be the normal liaison with mu nicipal officials. ATLANTIC REALTY DEVEL OPMENT CORPORATION SAM H ALPERN D AVID HALPERN DEVELOPMENT ADVISORS ALAN S CH'ALL PROJECT M ANAGER (FIELD) OFFICE ST AFF - FIEL D STAFF BNE ASSOCIA'IES KEY PERSONNEL LARRY PANTIRER Larry Pantirer earned a B.A. Degree from Cornell Un iversity in 1971. He graduated from New York Law Schoo l in 1975 and is a member of The New Jersey Bar Asso cia tion. In 1985, he along with his partners, formed BN E Associates. Larry's ex pertise in legal matters, land planning a nd the approval process strongly influ ences the success of Millenniu m Homes. HOWARD SCHWARTZ H oward Schwartz attended Pratt Institute and Herbert Lehman and earned a B.S. Degree in 1972. As a prin cipal of BNE A ssociates, Howard oversees the construction of more than twenty-five housing developments' and supervises a staff of more than sev enty-five field personnel comprised of sales managers, project managers and constru ction su pport. Howard's hands-on approach to managing the on -site operations of Millenniu m Homes is a major asset to the company. ALA N PINES Alan Pines graduated Boston University with a B.S. Degree in 1979. He earned a B.A . Degree in 1981 from A rnold and Marie Schwartz College of Pharmacy . A fterward, he joined his brothers-in-law at BNE Associates. A lan is responsible for the overall financial development of the company including the supervision of more than one hundred staff members in the company's financial departments. pR OJECT ORGANIZATIO N The Carteret Landing project would be built under a joint ven- tu re of the Atlantic Realty Development Corporation, BNE Associates and the Roseland Property Company. Principals from each of those entities, specifically Sam and Dav id Halpern from Atlantic Realty Dev elopmen t Corporation, Larry Pantirer of BNE Associates, and Carl Goldberg of Roseland Properties, would form the decision -making "Board" of Carteret Landin gs, LLC. All of the principal development decisions, including the basic planning and design have been, and would be, made by this group. Because of the proximity of their office and their prior experience in building the Meridian Square project in Carteret, Atlantic PROJECT ORGANIZATION CHART ROSELAND PR OPERTY CAR L GOLDBERG STATE AGENCY AD VISOR 1 ALAN SCHALL PROJECT MANA GER FIELD) JEREMY HALPERN PR OJECT MAN AGER (OFFICE) BNE ASSOCIAT ES 1 Realty will handle the detailed management of Carteret Landing. Dav id Halpern of Atlantic Realty will be the Senior Partner involved with management decisions. Carl Goldberg of Roseland Properties will be the Senior Partner involved with resolving any difficulties with State approvals. There will be two Project Managers involv ed with the everyday management of the project. Jeremy Halpern of Atlantic Realty will oversee appro vals and office matters and Alan Schall of Atlan tic Realty will oversee field and construction issues. Althou gh both will be immediately avail- able to the Municipality, it is expected that Alan Schall will be the normal liaison with municipal officials. ATLANTIC REALTY DEVELOP MENT CORPORATION SAM HALPE RN DAVID HALPERN DEVELOPME NT A DVIS ORS OFFICE STAFF - FIELD ST AFF T ,FGAL Neither Carteret Lan ding, LLC nor any of its Parent Companies have any criminal or major environmental, legal proceedings against them at this time. Due to the complexity of development and the significant portfolios of each Parent Company, each company encounters continually legal issues that are part of the business. Non e of these normal legal proceedings have any consequence to the proposed project. None of the parent companies or officers of the parent companies have been disqualified from bidding on public projects. None have refused to testify in any legal pr oceeding and none have been in defa ult on any project . :: Financi al Qualific ati ons 11.1 FINANCIA L QUAL I l- ICATIONS Carteret Landing, LLC has hundr eds of million s of dollar s of equity availa ble for this project an d near unlimited debt resources at its disposal. It expects that initial investments will be made out of the equity made available by the parent companies. Actual construction will be funded by constru ction financing. An y part of the project retained for rental will be fun ded out of a combination of equity and permanent financing. Each of the parent companies of Carteret Lan din g, LLC have on their own and in other joint ventures, successfully financed pro jects of this size and larger. Ba nk references have been provided. Since these are private companies, financial information or statements are considered private, but specific information will be made availa ble should it be requir ed in the fu ture. Persons having a io% interest or more in Carteret Landing, LLC or its parent companies: Atlantic Realty Development Company Althou gh Atlantic Rea lty is owned by the Halpern Family, there are no individuals with a i o% interest or more. 2. Roselan d Properties 3 - Marshall Tycher Carl Goldberg Bradford Klatt BNE Associates Larry Pantirer Howard Schwartz Alan Pines List of Banks Regularly Used by Parent Comp anies: First Union PNC Bank Amboy National Bank Fleet Bank Wells Fargo M -41, inn Vma- 111. 21U LrJ —. - .. 732 220 3565 T 732 220 3755 F davicl.alolsu@pnacom PNCREALEsTAT ETNANO April 23, 2003 Mayor a a Counsel Carteret Borough Hall 61 Co ok Avenue Carteret, Kr 07008 Re: RFF - Chrome Waterfron t Redevelopment Project To Whom It May Concern; I am plea,sed to provide this letter of reference on behalf of Roseland Property Company ("Roses"). During the tzr= of our relationsltiip, which dates hack to 1997, PNC has provided in excess of $100 million in financing to R oseland, all of which has been haled as agreed. We con tinue to enjoy a aiguificant and highly satisfactory relationship with the company and it's principals, 01 avid A- A1piae Sr. Vice President A mt rnbcr of The PNC Financial Services Group Twn Toledo' Center 6aplov ardi East DrunAwiok Now acrscy 00010 TDTRL P.02 Erc U (zt 111 maimto ogray u intlails min lauxotto pontaA V 42oUtwo st 117401 4Lta 2110.00 ;0 'i10o1wd At0103ltaiux tubiattA $ =mut littofods ad•aa ut;tai pognpuoa vaq P v o Xnarkunglido innial110010. alga sum Ow lulivang • 41.1Auouncro2mmusadrio tyip oau°alon► pPtoM ono 3tttar u1 dd Imam trast vonS 'Tam tq rata , t n tan sit P11149 Aft d P 1U t dutaMp ' 11 ititilmisiti ui t o4 otti StrIPulsiano #614411641.11010 to 01, 11114Molg 14Pot ADP uOttguilatim [nvhav 11011And lumxtepht oitianD fi g' tigulluid o'12 3a vontipudicrtisisoaz 11141 nilAuld vi pas10 u1:0(1 k� li�tlA• 1�5 r it agefrsis LLa: tooi.AW $QAMMN • emus 4Ua s�rMnw .'01110AAltkiVa z1 uig plait gitolik lizaPP014 9314 39is "a 1141etA o3 4W1d 20►t op Oialatd `uolitniutVut ttni,2141P ei I � ulatl Xlcumu 33001 ePLL laltr1110 o putp =016 `ouv qo Alta o4taoto P4P1 twilanazoo Erg 4Azuvutoginta, o`d of Wto1 gutpuat ;Maio tsx iMauagts 4p101105 of pragat Cabs, 'imo '1411 a Al zadopno'p at' ate p0u18iT N gattt;'tpa viatuilormap ltto3& diBi ytuutis rtggdn Ma* a N purlosag t Tutik tip 411 1130 al1.011130 pus PU13tao0)1 It) 'A4duuro &IOWA ptzeledog 3a girip% u° woiplvvafdV 11Wx'' H tang tint ;Uaumta 3 Pup 'town itud lnauddntr>opag oo& oammo Aulgttuaa Ica' pormag :gg mum* ttlfargoq puv xaSayg :a111411014V 80 DLO Ii+i 1401110 vnuaA r Onavo 19 ya4 30 gfttato11 w Ikfi1Qp0,1MAIA, Philedolphtii, PA 19103 215 040.3920 215 Sb1-3912 Fax March 22, 2003 RE: Carteret Landings, New Jersey 2,800 unit residen tial development Flalpirn Bank Check To Whom It May Concern: Please be advised that Wells Fargo Bank — Real Estate Group has a highly regarded credit relationship with the Halpern family and affiliates thereof. Curre nt cr edit exposures may be described as a medium eight -figure amount, Ail credit extensions have been paid as agreed, Wells Fargo actively solicits the Halpern family for additional business and would be interested in providing additional financing to the Halpern family for the subject development. If you have any specific questions or comments regarding this matter, please contact me directly at 215 640 3928, Timothy A, Proctor Vice President non loa n . 1 7,11 1,11. qr: t t c7nn', zz gay 1'[ 4'Co tn metclal Heal Estate 2840 Morris Avenue Union, New Jersey 07083 908 624-2866 Fax 908 624-2860 Ft1N° April 22, 2003 Bo ro ugh of Carteret 61 Cook A ve Carteret, N3 07008 Su bject: Carteret Lan ding, LLC To Who it May Con cern: This letter is inten ded to be a prelimin ary response to the financing request of Carteret L anding by First U nion National Bank (the "Ban k"). As outlined in the prop osal provided, the project will include 2,720 residen tial units and 433,000 square feet of retail space l ocated withi n the B oro ugh of Carteret. This project will be undertaken by Carteret Landi ng, LLC a company formed by Millennium Homes, Roselan d Property Corp. an d Atlantic Realty. The Bank wo uld consider financing a project of this type a nd/or its components based on the preliminary proposal prov ided to the Bank. The Ba nk howe ver would need detailed ec onomic and specific project information to further consider the request . The items needed should i nclude the fo llowin g: detailed construction budgets, proforma cash flows, plans and specifications, a market study, en viro nmental reports and specific fi nancing needs. After a review of the above, the Ban k may require additional items specific to the request . Millennium Homes, Roseland Property Corp. and Atlantic Realty have all been customers of the Bank for many years. During this time period, we ha ve enjoyed a very fa vorable relationship and have provided these organizations with construction loans, permanent mortgages a nd li nes of credit. The Bank considers each of these companies to be not only credit worthy b ut to possess both the financial resources and the development expertise a nd capacity to handle an undertaki ng of this siz e. The Bank looks forward to the opportunity to provide fi nancing for this pr oject . Plea se no te that this letter is neither a bindin g agreement to lend on the part of the Bank nor an agreement to borro w on the part of the Borrower. A commitment to lend can o nly arise if the Ban k obtains the necessary intern al approvals, and the Bank and the B orrower thereafter sign a co mmitment letter which sets fo rth the terms and co nditions of the commitment. If you need any additional assistan ce, please contact me at the above number. V ery truly yours, William Magner Senior Vice President WALDOR AGEHCY INSURANCE (VIA FAX 732-750-9515) A pril 21, 2003 Borough of Carteret - Carteret, NJ Re: Carteret Waterfront Redevelopment Pr oject Gentlemen : This is to advise that this agency has handled the insurance and bonding requirements for the Halpern Companies including Careret Landing L.L.C. a subsidiary, 90 Woodbridge Center Drive, Woodbridge, NJ.. We have handled the Halpern Companies on a most satisfactory basis for appro ximately 30 years. Duri ng that period of time, they have always performed in an ex emplary fashion . In co nnection with the above captioned project, we are prepared to secu re altypes of Bonds. d If you req uire and anyother wou ld include Builders Risk Insurance informati ndly contact the undersigned. truly, erome N. Waldor, CPC President Waldor Agen cy JNWIbg 26 Columbia Turnpike P.0. Box 679 Florham Parh, BJ 07932-0679 Phone: [9731 949-151B Fax: [973) 549-3729 :: T echnical Qualifications TECHNICAL QUALIFICATIONS Carteret Landing, LLC and its parent co mpanies have attached each of their company brochures for a full description of their company. However, the following is a partial list from each of their current and past major pro jects. This list includes man y projects similar to the size and scope of the Carteret Landing, as well as others to demo nstrate the abilities of each company. In regards to the details of project operatio ns, teams and methods, Carteret Landing, LLC has behind it the experience and expertise of three of New Jersey's largest and most prestigious development firms. They have successfully completed ma ny hundreds of projects of v arious sizes in this and other states. Between the paren t companies there are over 1,0 00 employees available to assist on this project. List of to wn references: 1. Carteret, NJ Mayor Daniel J. R eiman (Atlantic Realty) 2. Perth Amboy, NJ Mayor Joseph V as (Atlantic Realty) 3. North Brunswick, NJ Mayor Da vid Spaulding (A tlantic Realty) 4. Edison, NJ Mayor George A. Spadoro (Atlantic Realty) 6. West New York, NJ Mayor Albio Sires (Roseland Property) 6. Weehawken, NJ Mayor Richard F. Turner (Roseland Property) 7. Verona, NJ Mayor Robert Detore (Roseland Property) 8. West Orange, NJ Mayor John F. McKeon (BNE Associates) ATLANTIC REALTY DEVELOPMENT COR PO RATION TECHNICAL CmUALIHCATIONS Recent Projects Community Name Beekman Manor Camelot at Woodhaven Co lts Run Deans Pond Crossing Delaware Chase @ Spring Meado w Fairways at Battleground Flemington Fields Forest Haven Fo rest Park @ Renaissance Maple G rove Pike Run Villas Pike R un Woods Ro cky Creek Estates Somerset Glen Spring Meadow Summer Brook at Woodhaven The Greens @ Renaissance Villas at Woodhaven Walnut Estates Willows Landing Woo dhaven Section II Wo odland Greens Yorkshire Village Loca tion South Brunswick Old Bridge Evesham Sou th Brunswick Ewing To wnship Manalapan Flemington Lakewood North Brunswick Piscataway Montgomery Montgomery Old Bridge Somerset Ewing Township Old Bridge North Brunswick Old Bridge Little Egg Harbor Hillsboro ugh Old Bridge Edison Township Lawrence Township Product 315 Luxury Estate Homes 7o Lu xury Townhomes 90 Lu xury Executive Homes 333 Lux ury Estate Homes 79 Luxury Executive Homes 114 Luxury Estate Homes 220 Luxury Units, Active Adult Community 1000 Residential Units 98 Luxury E xec uti ve Homes 305 Condos and Townhomes 256 Luxury Estate Homes 132 Luxury Condos & Townhomes 117 Luxury Estate Homes 197 Lu xury Townhomes 133 Luxury E xecutive Homes 52 Luxury Estate Homes 174 Luxury Townhomes 52 Luxury Estate Homes 96 Lu xury Townhomes 42 Luxury Estate Homes 411 Luxury Estate Homes & Townhomes 74 Lu xury Estate Homes 255 Luxury Estates Homes Community N ame Harbortown Hyde Park James St. Village Liberty Terrace Maebrook @ Renaissance Par k Terrace R enaissance Glen R enaissance Manor Woodhaven Section II Metroto p II Pike Run Plaza Woodhaven Carteret Englewood Willingboro Woodbridge Location Product Perth A mboy Woodbridge Somerv ille East Rutherford North Brunswick Rahway North Brunswick N orth Bru nswick Old Bridge Edison Montgomery Township Old Bridge 1654 Residential Units 116 Luxury A partmen ts for Active Adults 88 Renta l Units 125 Ren tal Units 325 Rental U nits 140 Luxury Apartments for Acti ve Adults 198 R ental Units 184 Rental Units 36o Rental Units 250,000 SF Class A Office Tower 60,000 SF Commercial Space 500,00o SF Commercial Space 200 Luxury Apartments a nd Townhomes 188 Luxury Residential Units 216 Luxury Rental Units 400,000 SF Retail Space ROSELAND PR OPERT Y COMPAN Y T ECHNICAL QUALIFICATIONS Community Name Po rt Imperial Port Imperial North Port Imperial South Riverbend I at Port Imperial Riverben d IT at Port Imperial Riverbend III at Port Imperia l The Brownstones at Port Imperial Riverside West at Port Imperial The R iverwalk Condos at Po rt Imperial Multi -Family Communities The Highlands at Fax on Woods Ov erlook Ridge (Rowe Quarry) East Boston MassPort Lighthouse Landings Lo cation West New York, NJ West New York, NJ West New York, NJ West N ew York, NJ West New York, NJ Weehawken, NJ West New York, NJ West N ew York, NJ Qu incy, MA Malden and Revere, MA East Boston, MA Sleepy Hollow, NY Product 4,300 Unit, Master -Planned Residential Community includes Townhomes, Mid -Rise Lux ury A partment H omes, Con dominiums, and 100,000 SF of Suppo rt and Specialty Ret ail and Restaurants 303 Unit Apartment Community 87 Unit Apartment Community 125 Unit Apartment Community 42 Unit Lu xury Townhome Community 344 Unit Apartme nt Community 296 Unit Luxury Condo Community 196 Unit Senior L uxury Apartment Community 2,100± Unit Mixed -Use Community 585 Unit Mixed Use Community 1,350± Unit Mixed - Use Community BNE ASSOCIA'T'ES 1 J CHNICAL QUALIFICATIONS Some of Millennium Homes and Affiliates' Completed Projects Include: Community Name Hastings Square H ills of Independence Peachtree Village Meadowbrook Village Foxborough Village Townsquare Village The Villas at Crown View The Estates at Crystal Woods Crestmont Village Location Washington Township Independence Township Washington Township Bridgewater Township Old Bridge Town ship Rockaway West Orange West Orange Hillsbo rough Some of the Finished Commercial Pr ojec ts Inc lude : Community Name Bridgewater Plaza Crystal Lake Office Victo ria Commons & Victoria Plaza Hastings Square Sho pping Center Renaissance Corporate Center Location Bridgewater Township West Orange Eatontown Washington Township Old Bridge Township Product 380 Unit P.U. D. 124 Townhomes 240 Townhomes/48 Apartments 480 Apartments 520 Unit P.U .D. 375 Townhomes 100 Luxury Townhomes 270 Town homes/SF Homes 355 Homes/96Townhomes/56 Apts. Product 65,000 S .F. 120,000 S.F 150,000 S.F. 30,000 S.F. 38,000 S.F. Office So me of the Millennium Homes and Affiliates' Pro jects Recently Co mpleted or Currently Under Co nstr uc tion and/or Design Include: Community Name Bel Air Estates The Fairways Villas at West Orange Canfield Mews Arrowgate The Po inte Lo cation Livingsto n Livingsto n West Orange Randolph R andolph West Orange Time 1988-1998 155 1998-2001 172 1997-2000 100 1998-2001 192 1998-2 001 35o 1999-2002 150 The Reserve New Windsor, NY Greenwoo d Meadows Wa rren Township R enaissance Corporate Center Old Bridge Harrison Redevelopmen t Area H arrison Product Cu stom Estate H omes Townhomes Apartments Multi -Fa mily Units Townhomes an d Apartments Townhomes and A partments Townhomes/ 100,000 S.F Office Bldg./60,00o S.F . 419 Single Family Homes 355 S.F. Homes/28 Apartments 160,000 S.F. Office 300 Multi -Family Units 500,000 S.F . Office/ Retail • Valu e $175,000,000 $ 38,000,000 $ 75,000,000 $ 35,000,000 $ 50,000,000 $ 50,000,000 N/A N/A N/A N/A N/A CARTERET LANDIN The proposed Carteret Landing development is located on 95 acres a long the Arthur Kill in the Carteret Waterfront redevelop- men t zon e in the Borough of Carteret. The large size an d water- front location of this dev elopment makes it a key site for the Borough since its dev elopmen t will set the character for the entire Borou gh for years to come. The site itself ha s been used for indu strial purposes for years. It is sandwiched between an old decaying indu strial area to the n orth and modern light industrial facilities to the south. The site is large enough, however, to create its o wn character. Located immediately to the east of the major residential neighborhoods of the Borough, this site then presents a unique opportun ity for the Borough to extend its residentia l community to the waterfront, while creating a new major residen tial and commercia l env iron- ment which will complement and enhance it. Existing Carte ret Avenu e Correspondingly, this pr oposal's central theme is to totally rede- velop this site, demolishi ng all present buildings on it a nd replace its industrial character with a new residential and commercial neighborhood f or the Borough . This development will, therefore, tie to and extend the residential parts of the Borough to the water- front and not emulate the industrial uses to the north and south. Our key design intenti on is to tie this developme nt closely to the existing residential area and not isolate it. Indeed, we believe that Carteret Landing should be designed as an integral part of Carteret, not an independent and functionally isolated tow n with- in a town. A lthough there are a number of specific conn ections in the plan, by far the most important is the ex tension of Carteret A venu e. Carteret Avenue lies in the very heart of Carteret, ex tending for its entire east/west length. It is a wide center mall road with numer- ous public and qu asi -public facilities built along it, including the Borou gh's major pa rk. Extending Carteret A venue through the existing Meridian Square project owned by part of the Carteret Landing group to the waterfro nt would by itself open the ex isting residen tial community to the water. By its design, therefore, this development will benefit not only the developers and new resi- dents bu t will greatly en hance the entire Borough aesthetically and functionally as well. EXESTING SITE The site for Carteret Lan din g consists of a total of 112 acres, of which 95 acres are land and 17 a cres are water. The majority of the site, some 70 acres, is currently vacant or parking lot. Most had been the site of the old Du pon t in du strial operations, which were totally demolished and leveled some years ago. Some of the site is curren tly occupied by sev eral industrial u sers, the A. Duie Pyle distribution warehouse is in the cen ter of the tract; two 400,000 s.f. warehouse buildings occu pied by a nu mber of tenants and owners are located on the southern side of the site; and an old small building and large tank is located on the extreme northern side of the site. There is also a small junkyard located between Indu strial Avenue and the west side of the railroad . The tract has some topographic relief to it, basically sloping from west to east toward the water abo ut 15 feet vertically. Altho ugh it has over 4,000 feet of frontage on the Arthur Kill, only some small fringe areas of the tract immediately adjacent to the water are in wetlands. There is one area in a small cove that is very shallow at low tide but most of the frontage al ong the Arthur Kill is deep water. The one pier remaining from the tract's industrial use is currently being replaced by a new pier by the Borough. NEIGHBORS SITE ACCESS The current n eighbors aro und this site to the north are very old, and very unattractive, indu strial buildings. These bu ildings are obviously nearing the end of their useful life and will probably be redeveloped in the not too distan t future. Much more modern light indu strial uses are located to the sou th of the tract. Other than perhaps the warehou se building immediately adjacen t to the site, these uses are fairly new and will pro bably continu e for the foreseeable future. Across Industrial Avenue to the west are the only non --industrial uses near the site. From no rth to south there are: police and fir e departmen t buildings; a 5.5 acre redevelop- ment site for which Atlantic R ealty is the designated redeveloper; the existin g Meridian Square Apartmen t project built by the Atlantic Realty group a few years ago, and an open space area with federally assisted multi -family buildings beyon d. The major residential area of Carteret lies further to the west right beyond these immediate western neighbors. The main road serv ing this tract, Industrial Avenue, is, as its name implies, a major truck route. Although it does not carry particu- larly high traffic volu mes, In dustrial Av enue is a new road which ties directly into the Exit 12 Interchange of the New Jersey Turnpike. Altho ugh its current conn ection to the Turnpike is rather awkward, changes are already being contemplated that will relieve the current congestion problems. By the time any substa n- tial part of Carteret Landing is built, Industrial Avenue will con- nect clearly to the New Jersey Turnpike. It will then f unction as a major traffic arterial that will take traffic from this tract directly to the N ew Jersey Turnpike without irnpinging on any existing Carteret neighborhood. Although an e xisting railroad spur limits the number and lo cation of direct access points to Industrial Avenue, the three existing railroad crossings are more than suffi- cient to serve any n ew development. In addition, the tract has 700 feet of frontage on Roosevelt Avenue after that road crosses to the east of the railroad. That frontage is sufficient to allow several connections to that major collect or street which in turn leads to Industrial Avenue. The tract also has excellent possible access to mass transit . A ferry could use the pier being b uilt right now on the Arthur Kill in the middle of the tract or a new l anding co uld be built. This ferry land- ing will give this tract, as well as the rest of the Borough of Carteret, a direct link to Manhattan. It is, in fact, expected to be the major commutation method of the project's fut ure reside nts. In addition, the present railroad sp ur line co uld be jointly used in the future by light passenger rail. Although, the present railroad spur only c on- nects to existing passenger lines very indirectly we wo uld try to work with the County and State to create a commuter rail stati on on the tract if at all possible. Meridian Square The major design concept for Carteret Landing is for it to serve as a connecting link to tie the existing residential area of Carteret to the waterfron t. The residential areas of the Boro ugh are now co mpletely cut off from the waterfront by industrial uses. We believe that the design of Carteret Landing should con nect them fun ctionally and visually. To that end, our design for Carteret CARTERET LANDING STATISTICS EXISTING SITE STATISTICS: 95 ACRES L AND 17 ACRES WATER 1 1 2 ACRES TOTAL RESIDENTIAL: 700 WATE RFRONT TOWNHOUSE S 180 MARINA FRONT TOWNHOUSE S 930 TOWNHOUSES/ AP ARTMENTS 250 AGE RESTRICTED CORE ELEVATOR APARTMENTS 310 ELE VATOR AP ARTMENTS 1 50 AGE RESTRICTE D ELE VATOR APARTMENTS 200 RE SIDENCE HOTEL UNITS 2720 TOTAL UNITS COMMERCIAL : 125,00❑ S.F. SHOPPING CENTER 90,000 S.F . HOME IMPROVEME NT CENTER 75 ,000 S.F. MARINA F RONT COMMERCIAL 3 0,000 S. F. B OULEVARD RETAIL/ OFFICE 10,000 B.F. HEALTH CLUB 331,000 S.F . TOTAL COMME RCIAL ❑ FFI C E: 102,000 S.F. OFFICE BUILDINGS 1 3,000 S. F. SMALL OF FICES 115,000 S.F. TOTAL OFFICE PUBLIC USE: 8.3 AC RES P UBLIC WATERFRONT PARK (W/ 210 C OMMUTER PARKING SPA CES) 3.5 ACRE S PUBLIC FACILITIES AR EA 8.7 AC RE S PUBLIC MARINA (20 0 SLIPS) 2 .0 ACRES MARINA FACI LITIES (PARK ING, WALKS, TRAILER PARKING, 8 I0AT RAMP) Landing extends Carteret Avenu e, the main central boule- vard of the residential section of Carteret, through Carteret Landing to end at a new ferry lan ding on the waterfro nt. We believe that it is so important, in fact, to tie Carteret Avenue into the waterfron t that we propose to tear down the ren tal office a nd move some of the parking of the existing Meridian Square project owned by part of our client group and use part of another redevelopment area, for which part of our client group is the redeveloper, to accomplish it. In this design, Carteret Avenu e is extended into this tract in a sweeping curve with its central mall gradually widened as it reaches the waterfront. It then terminates in a large water- fron t park, which in turn focuses on a new ferry termi nal. Carteret Avenue thus becomes the main spine for the Carteret Landing development bri nging both access to, and a v iew of the waterfront, into the rest of Carteret. Mixed -use buildings then create life a nd activity along its frontage. The rest of the design then combines e xtensive new residen- tial and commercial development into a new waterfr ont neighborh ood for Carteret, tied to the rest of the Borough by several other major connections, Middlesex Avenue, Roosevelt Avenue a nd the open space co nnection at Washington Street. 22. 5 ACRES TOTAL PU BLI C U SE AREA ROAD PATTERN The overall road pattern for Car teret Landing follows directly from the extension of Car teret Avenu e into the site. A major cross street parallelin g the waterfro nt, Landing Boulevard, gives access to the major elements of the project and serves as the principal residential collector. Another road in the south end of the site across from the existing Middlesex A venue pro- vides additional access and a connec- tion to the waterfront area from the Borough. It focuses on a new water- front hotel in the project. There would thereby be three main access points created for Carteret Landing: the major divided road access to Industrial Avenue of the ex tended Carteret Avenu e; the second access to Industrial Avenue at Middlesex Avenue; and the third access at the north end of the site directly onto the existing Roosevelt Avenu e. A sub- sidiary entran ce wou ld also be pro- vided from the shopping cen ter directly to Roosevelt Avenue. All three roads would have their own distinct character. Carteret Avenue would, of course, continue the boulev ard effect that cur- rently exists in the residen tial section of Carteret. It would be flanked by buil dings with commercial u ses on the first level and residential units above, thereby giving great life and acti vity to the street while creating a welcoming view and functional access to the waterfront for the rest of the community. Two office b uildings right at the intersection of Carteret Avenue and Industrial Avenue would create an "entrance gate" for the development and delin- eate the project entry for traffic on Industrial Ave nue. The exten- sion of Middlesex Avenue would start as a single road as it is fur- • ther on in the Borough but grad ually widen to a boulevard as it reaches the water . It would end in a traffic circle at Landing Boulevard with a major water feature in its center. Vis ually, it would terminate at a hotel building that gives di rect access to the waterfront. Landing Boulevard w ould in t urn create a series of wider and narrower spaces as it transverses at the site. In its wider sections a series of water features would be created that would also function as water quality basins. This road was also designed so that it could be extended in the future if the neighboring ware- house building and extensive vacant land to the south was redevel- oped. 1, OPEN SPACE PLAN The open space plan for the project is orientated primarily towards the waterfront. There would be a waterfront park at the en d of Carteret A venue, which in tu rn would lead to a marina and a major waterfront promenade. The 16 foot wide promenade would extend the fu ll length of the project's frontage along the Arthur Kill giving the public complete access to the entire water- fron t. The promenade to the sou th of Carteret Avenue would be lo cated directly a longside the marina bu ildings, creatin g a high activity area with bou- tiqu es and restaurants. The promenade to the north wo uld extend through a more pristin e park area and tie the residential areas of Carteret Landing to the waterfront. This promenade would extend up Pews Creek to Roosevelt Avenue where a pedestrian walk would cross the street into an area reserved for municipal purposes. Radiating off the waterfront park would be a series of open space fingers between bu ildings. These fin- gers taper as they get further inland thereby ex tending the number of units that have a view of the water. They also create view corridors for the road and buildings further inland and allo w space for a series of pedestrian paths that co nnect the inland areas to the waterfront throu gh the building clu sters. In addition, there would be a series of pedestrian spaces and courts within the developed rdPED ESTRIAN AREA S areas to the west of Lan ding Bou levard. These courts wou ld all interconnect and create a unified pedestrian pathway system from the central core building and recreation center through the center of the developed area to the extreme so uthern border. In this way the entire project would be tied together with pedestrian paths not III OP EN SPACES III RECREATION AREAS only alon g the road but also through internal pedestrian courts to form a logical ov erall pedestrian circulation and open space pat- tern. A major o pen space corridor to the rest of the Borough would be developed as part of this project on land to be used in the o ther 1 redev elopment area, of which Atlantic Realty is the redeveloper. This open space path would create a view and pedestrian corridor from Washingto n Street through that project and then curve to cross Industrial Avenue at the extended Carteret A venue. In this way, pedestrians and bicycles can access the waterfron t directly from Washington Street as well as from Carteret Av enue. Waterfront Promenade Perspe ctiv e OMMERCIAL USES ere are a nu mber of commercial uses in the pro ject which total ome 446,00o s.f. There are two four-story office buildings, each 2,000 s.f., which create an entrance gate for the development at e intersection of the extended Carteret Av enu e and Industrial ''2 v enue. Small-scale retail stores and small offices would be ;located on the first floor of the buildings on both sides of the exten ded Carteret Avenue along with several small restau rants d cafes to create life an d activity. e commercial area along Carteret Avenu e would be further ended all the way to the water along the marin a promenade. this way, waterfron t commercial uses, particularly restaurants and shops can utilize the pedestrian tra ffic and ferry and `:will create a lively pedestrian environment that extends ,•from Carteret Avenue a lo ng the park right through the snaring. In the cen ter of the marina co mplex is a ho tel, adding fu r- ther life to this area. It has its main entrance on its oppo- 'site side directly from Middlesex Avenue for which it 4would form a pronoun ced ending point an d from which it derive needed visibility. The hotel is designed as a "V" shaped stru cture so that many of its rooms can be orient- ed towards the water. It is n ot expected that this hotel will be well used fo r overnight guests, although the Car teret Landing pro ject itself will generate some hotel traffic. Rather, it is expected that most of the guests of the hotel will be staying there for several weeks or perhaps even sev- eral months. Many companies, in New York City in par- ticular, have need to transfer employees into their New ork offices fo r either training or special assignments for ended times but not on a permanent basis. Given the ite's direct access to New York via the future ferry, a nd its leasant environment at the marina, it is expected that this type of residentia l hotel would thrive in this marina loca- ion, particu larly since its rates could be substantially less ensive than similar hotels in New York City itself. To meet modern needs, a major shoppin g center with extensive parking has also been created along the In dustrial Road frontage with access to Carteret Aven ue and Roosevelt Avenue. This 125,000 s.f shopping center would have residential uses on its u pper floors in addition to the retail u ses on its first floor. These would connect directly with the retail and residential uses on Carteret Avenu e, " pulling" that activity and character arou nd into the shopping center. A major 60,000 s.f. s upermarket anchor with age -restricted u nits above would be located at the center of the shopping center. This central complex, along with the recre- ® HOTEL SPAC E ■OFFICE SPACE C OMMERCIAL S PA CE ation cen ter across the street, will fo rm a multi -use core for the entire project. Lastly, a major home improvement cen ter would be located between Carteret Avenue and Middlesex Av enue. This site is easily accessed from the rest of Carteret via these roads as well as the rest of the region from Industrial Avenue. THE MARINA The Borou gh of Carteret has already planned to build a marina alon g the Arthu r Kill in the cove in the southern part of the tract. In deed, the plan we currently show is almost ex actly the plan designed by the city with only one differen ce; we have connected the docks to the land directly to the west rather than tying them north/sou th. The reason for this change is so that the large park- ing field n eeded by the marina can be moved off of the point at the en d of Carteret Avenue, which we see as being developed as a landscaped park. A substan tial green open space area can then be created at the end of Car teret A venue, while the parking for the marina is kept ou t of sight behind buil dings. In this way, the marina activity an d its parking can also be kept sepa- rate from that of the future co mmuter ferry while forming its own focus of activity with its related commercial area. Finally, a boat ramp leading to boat storage racks for smaller watercraft will be located at the southern end of the marina providin g a visu al bar- rier to the industrial u ses to the south. R ECREATION CENTER A very large recreation center is loca ted centrally in the Carteret Landing project opposite the commercial and senior citizen core. It is expected that this center would have both a view of the water, and hopefully a fishing pier ex tending out into the water as well as direct pedestrian con nections to the waterfront promenade. A lthough this center has n ot been yet designed in detail, it is ex pected to serve as the main recreation center for the entire proj- ect an d provide a wide range of facilities. Directly opposite the recreation center, a large health club would be designed as part of the co mmercial core to complement the recreation cen ter. It would provide additional recreation services for residents on a fee basis. RESIDENTIAL The sin gle largest land use in the Carteret Landin g project is that for residential use. Encompassing some 2,720 units, the residen- tial uses are designed in three to four-sto ry bu ildin gs at a total gross density of 28. 6 units per gro ss land acre. Recognizing the probability that many residents will take the ferry to work, a total M of 1.75 parking spaces per unit have been used throughout the design with some joint use of parking utilized when parki ng is shared with commercial uses. These residential buildings have been designed in the following four basic building types. Waterfront Townhouses Acr oss Landing B ouleva rd can be depressed while the grade in the open space areas between are kept higher. Thus the entrance to the units can be kept on a mid -level, allowing a more direct access to the living areas while keeping the bu ilding facade lower. Parking is prov ided in each cluster in a central court with most of it underneath the buildings in garages and carpo rt areas. Additional parking is created along Landing Boulevard for v isitors who wou ld enter the front door of the to wnhou ses directly from the open space. Front doors, ter- races and windows in the majo r rooms, such as living rooms and master bedroo ms, wou ld all face outwards towards the open space and waterfront. In this design, all the facades on the exterior of the building are, therefore, front facades, and all would be treated aes- thetically in the same fashion. wartR FRO NT TOwNNOII LC5 C OURTYARD AMC RCSTRIC TC O v 3TL 0 MARINA UNITS i) WAT ERFRONT TOWNHOUSES M 01 -EL 3PACC The first residen tial type is that encompassing the waterfront townhouses. Totaling some 700 units, these units are the largest and most valuable in the project. They would vary in size from approximately 1,500 to 2,200 s.f. a nd vary in price from $350,000 to $450,000. These units are designed in twelve clusters that in turn are grouped in pairs . These clusters have been designed to create a series of pedestrian and open space fin gers that intertwine between them in s uch a way that almost all the units will have a view of the water . Typically, the units are set back from each other as one gets fur- ther from the water to allow each to have a view. Bays and tow- ers are created, not only for architectural interest, but also to give added angu lar views of the water as well. These buildings consist of three -stories of interlo cked townhouse units over a basement parking level. Because the grade drops from Landing Boulevard towards the water, the parking areas in the center of each cluster 1 2) MARINA UNIT S The second type of residential use consists of the units over the commercial uses in the marina. These 180 marina front un its will be designed in four-story buildings with duplex units over flats over the first floor retail space. Almost all these units will be ori- ented with their major living area and terraces towards water. It is expected that these bu ildings will be comprised of a number of small-scale elements, some with walk-up units and some with small elevators. Sin ce these units will be easily accessible to the ferry, the marina slips and the water v iew, it is expected that these 1,500 to 2,00 0 s. f units will sell for fro m $350,000 to $400,00 0. Parking for these u nits will be combined with the marina and marina commercial units in two large parkin g courts, which will be screen ed from outside view, by units in buildings similar to the cou rtyard units on their western side. 3) COURTYARD UNITS The third hou sing type is that of the courtyard u nits located on the west side of Landings Boulevard. There are 700 townhouses and 230 flats in this group varying in size from goo s.f. to 2,000 s.f. These units too are grouped in clu sters around ce ntral park- ing courts with garages and carports tucked under the building . As the waterfront townho uses, these courtyard units focus the unit's major windows and terraces outward to the open space net. Many of these units too will have a view of the water through the view corridors created by the waterfront townhouses . They too utilize both bays and towers to take advantage of some of these views as well as to add architectural interest. These units fall into sev eral sub -types. The u nits are alo ng the Carteret Ave nue, in the shopping center and over the marina are designed as four- story buildin gs with three residential floors over one co mmercial level. These buildings would normally have a flat on the second fl oor and a du plex unit on the third and fourth floors to minimize stairs, or, pa rtic ularly those buildings designed f or age - restricted units, are design ed with central hall elevator served ele- ments. The bu ildings that are not directly over commercial spaces are design ed as three-story buildings. The first level of these buildings co nsists of flats with parki ng behi nd. An element of four du plex units wo uld then be built over one flat and five parking spaces. In this way, most people in these buildings w ould only have to walk up one level to get to the living levels of their unit. A lmost all of the units in all three sub -categories focus their living areas and terraces onto the interconnected pedestrian and open space cou rt system. All the front doors of all the units are reached from visitor parking that would be located in both the central park- ing courts and alo ng the roads. As in the waterfront tow nho uses, all of these buildings face outwards so that they will display only their front facades to the outside world. el } 1 Co urtyard Pe rspectiv e 4) AGE -REST RICTED C ORE UNITS The fourth housing type includes the 250 dedicated age -restrict- ed units over the supermarket at the core of the project. These 1,300 s.f. to 1,7000 s.f. age -restricted units are built as three sto- ries of elevator serv ed flats. Elevators and lobbies serving these units will be located along Landings Boulevard immediately oppo site the recreation center. Thus, the main entrance and "front" of this building will face Landings Bo ulevard. This build- in g is designed as a large "W" to take advantage of the views pre- sented by the v iew corrido r around and over the recreation cen- ter. Approximately half of these units will then have some view of the water. As the other residential types, these units will also have a series of setbacks and bays to further take ad vantage of that view. SUMMARY The prin cipal design theme in Carteret Landing is the ex tension of Carteret A venu e, which o pens up the long isolated waterfront visually and functionally to the rest of the Borough in a way that only Carteret Landing, LLC can accomplish. The development's 2,720 u nits totally replace the current industrial uses on the site and create an entirely new residential neighborho od to compliment and en hance the rest of the Borough. Its 446,00 o s.f. of new commercial spa ce creates new shopping and employ- ment opportu nities in the Borou gh for all. The integrat-. ed commercial and residential design creates an interest- ing an d liv ely streetscape. Its low rise and small-scale residential elements combined with the bay windows and towers used to obtain added water views create a varied and attractive architectural character. Its $700,000,000 market valu e adds immensely to the Borou gh's tax base. indeed, its commercial, apartment and townhouse com- ponents create a stro ng tax yearly positive for the Borough. The developers, a joint venture of three of the largest builders in the State, are arguably the best equipped financial an d management team ava ilable to bu ild this project. Each of the component entities has ex tensive ex perience building projects a pproaching or exceeding Carteret Landing in size. Their combined equ ities run into the many hundreds of millions of dollars and their combined borrowing po wer into the billion s of dollars. Combined the y have over no years of con struction expe- rience, building o ve r 2,000 units a year, and owning and E F ER managing several billion dollars worth of residen tial an d corn- the most acclaim ed projects in Carteret right n ext to this site so mercial projects. Most importantly, they have already bu ilt on e of that the Borough knows what to expect of them. Ma rina Perspective CHESTER, PLOUSSAS, T,TSOWSKY PART NERSHIP, LLP COMPANY OVERVIEW The Chester, Ploussas, I.isowsky Partnership is a 50 person multi -disciplinary, professional firm with offices in Laurence Harbor and Mount Olive, New Jersey. Established in 1971, the firm provides a complete ra nge of planning, architecture, engineering, and su rveying services to priva te, corporate and go vernmental clients. For the past thirty-one years, the firm has been successful in assisting landowners, corpo rations, and developers in obtaining municipal, county, state and federal approvals and permits for hundreds of residential, commercial and office projects throughout New York, Pennsylvania and New Jersey. It has also worked for a number of municipalities to coordina te and g uide such developmen t. In all a reas of design, the firm seeks to coordin ate various disciplines so as to eliminate the conflicts between the professionals in the prepar ation of each stage of design, thus achieving the most economically feasible and aesthetically appealing project. The Partners of the firm hold degrees and licenses in all four professions as well as numerous cer tificatio ns and affiliation s in related organizations. The film has designed hundreds of pro jects that range in size from custom single-family homes and office buildings, to 2,600 unit planned development and 8 million s.f office and commercial projects. The firm has been involved with a large number of apartment, senior citizen, townhouse/patio house and cluster house projects, as well as municipal planning projects. A number of the firm's projects have won state and national desig n awards and/or have been p ublished in national maga zines. JOHN P. CHEST ER, R.A., P.E., P.P., SENIOR PARTNER Years Ex perience: 37 Y ears (31 with firm - 6 other) Education: Rensselaer Polytechnic Institute 1963 - Bachelor of Building Science 1964 - Bachelor of A rchitecture 1965 - Bachelo r of Civil Engineering 1969 - Yale U niversity Master of City Planning Professional Registration: 1969 - Profession al Engineer 197o - Registered Architect 197o - Professional Planner Mr. Chester has over thirty-seven year s experience in architectural, engineering and planning design. As Senio r Partner, his experience includes the design of a large number of plan ned unit developments, as well as multi -family, town cen ter, office and shopping center projects. Mr. Chester has desig ned almost all the major projects of the firm. Mr. Chester has been involved in urban redevelopment projects for twenty years, and has been accepted by the co urts as an expert witness on zoning a nd development issues. He is the principal project plan ner and a rchitect on this project. Prior to establishing his own firm in 1971, Mr. Chester was a Project Manager for Gruen Associates in New Yo rk City. Kathleen M. Barney, Municipal Clerk Memo To Patrick DeBlasi°, Treasurer/CFO From Kathleen M. Barney, RMC/CMC Date 5/12/2004 Res Waterfront Agreement Enclosed please find a copy of the executed Redevelopment Agreement between the Borough of Carteret and Carteret Landing, LLC for your records. 1 Kathleen M. Barney, Municipal Clerk Memo To Patrick DeBlasio, Treasurer/CFO Froren Kathleen M. Barney, RMCICMC Date: 5/12/2004 Rec Waterfront Agreement Enclosed please find a copy of the executed Redevelopment Agreement between the Borough of Carteret and Carteret Landing, LLC for your records. 1 e/zeite/L, gbii&jzj, YI:d0GWD�iy ,Clre leye-1%Zl�, YY,93 PLANNING • ARCHITECTURE • ENGINEERING • SURVEYING METRO PARK SOUTH • 100 MATAWAN ROAD • SUITE 100 MATAWAN, NEW JERSEY 07747-3913 TELEPHONE (732) 566-0297 • FAX (732) 566-5283 03015 www.CPLpartnership.com JOHN P. CHESTER FRANK J. LISOWSKY GREGORY PLOUSSAS MICHAEL PUCCI MICHAEL C. NOLAN RICHARD J. VIVENZIO THOMAS T. McGRATH RICHARD G. RUCHALSKI MARY M. KELLOGG R.A., P.E., P.P. R.A., P.P. P.E., PP. PE., P.P P.L.S., P.P. R.A. P.E. P.L.S., P.P. P.E., P.P. Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Attn.: Ms. Kathleen Barney Borough Clerk Dear Ms. Barney: MAILING ADDRESS: P.O. SOX 943 MATAWAN, NJ 07747-0943 E-MAIL ADDRESS: GENERAL@CPLpartnership.com November 9, 2004: Re: Utility Feasibility vay.ettriefetL Middlesex and Roosevelt Avenues Carteret, New Jersey We are currently preparing a Utility Study for a multi -use project in Carteret located at Middlesex and Roosevelt Avenues along the Arthur Kill. Enclosed is a copy of our Concept Plan and Phasing Plan to familiarize you with the area. As part of our Study, we are trying to determine if sewerage capacity exists for this project. It is our understanding that the Borough of Carteret has an agreement with Woodbridge Township and the Middlesex County Utilities Authority for transmission and treatment for their sewerage. Please provide us with a copy of these agreements so that we may determine if capacity exists based on our current sewerage flows and agreements. Should you have any questions or desire any additional information, please do not hesitate to contact me. Very truly yours, .3loueeae, SPZeoure4y .9a ti eym1 yo, Gregory Ploussas, P.E., P.P. GP/Is Enclosures c: Mr. Donald Norbut Mr. Michael Carnevale, Jr. MCI TV Kli ?CNtISNICl:i4 INC� NVit y StvWu I+`wltK :�Uc1T11 I. nUSiR:N CIv N/ .010.N 1, 11411V Or1.V _.. iG ` s 5r.±i ` _.` PHASE I -A: 165 Townhouses Over Apartments 202 Elevator Apartments 252 Age -Restricted Apartments 10,000 Sq. Ft. Health Club 104,000 Sq. Ft. Retail Space 51,000 Sq. Ft. Office Building 15,000 Sq. Ft. Boulevard Office Space 11,000 Sq. Ft. Small Office Space PHASE I -B: 366 Waterfront Townhouses Pier Landing & Rec Center PHASE II -A: 2,000 Sq. Ft. Small Office Space 22,000 Sq. Ft. Retail Space 94 Townhouses Over Apartments 60 Age -Restricted Elevator Apartments PHASE II -B: 332 Waterfront Townhouses PHASE III -A: 90,000 Sq. Ft. Home Center 15,000 Sq. Ft. Boulevard Office Space 51,000 Sq. Ft. Office Building 276 Townhouses Over Apartments 108 Elevator Apartments PHASE III -B: 180 Marina Front Townhouses 200 Suites (Extended -Stay Hotel) 77 Townhouses Over Apartments 75,000 Sq. Ft. Retail Space PHASE III -C: 318 Townhouses Over Apartments 90 Age -Restricted Elevator Apartments AREA CALCULATIONS :: PHASE I -A - 23.9 ACRES :: PHASE I -B - 16.8 ACRES PHASE II -A - 6.4 ACRES :: PHASE II -B - 11.2 ACRES :: PHASE III -A - 16 ACRES :: PHASE III -B - 12.2 ACRES :: PHASE III -C - 13.9 ACRES G9 edez, gloom, 2teorrty Mabel -WO, 22 & PLANNING :: ARCHITECTURE .: ENGINEERING ; SURVEYING METRO PARK SOUTH :: 100 MATAWAN ROAD, SUITE 100 i= HATAWAN, NI 07747 Mayor From: Mayor Sent: Tuesday, January 7, 2020 10:54 AM To: 'Alan Schall' Cc: 'Zwingraf, Matthew' Subject: RE: Carteret Ave Extension to the Watrefront Matt, I know we are very early in the process but kindly share with Mr. Schall the current status and proposed layout of the Carteret Ave extension. I know it's a concept at the moment but we want to work with his group to minimize the impact on his property and tenants. Regards DJR Mayor Daniel J. Reiman Borough of Carteret This email communication, together with any attachments hereto or links contained herein, is for the sole use of the intended recipient(s) and may contain information that is confidential, privileged, or legally protected, and as such, may not be a public document. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system. From: Alan Schall [mailto:Alan@AtlanticRDC.com] Sent: Tuesday, January 07, 2020 10:54 AM To: Mayor Subject: Re: Carteret Ave Extension to the Watrefront Got it Alan Schall ARDC 732.750.1111 On Jan 7, 2020, at 10:21 AM, Mayor <mayor@carteret.net> wrote: 1 Test <image001.png> Mayor Daniel J. Reiman Borough of Carteret This email communication, together with any attachments hereto or links contained herein, is for the sole use of the intended recipient(s) and may contain information that is confidential, privileged, or legally protected, and as such, may not be a public document. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system. 2 Mayor From: Mayor Sent: Friday, March 25, 2022 3:58 PM To: Taylor, Trevor; Alan Schall Cc: Curran, Lauren; Zwingraf, Matthew Subject: RE: Carteret Ave Extension to the Watrefront Trevor Plot this on a larger color aerial so that Alan can see the overall project. Alan, this does not impact any buildings or improvements and the borough would reserve the on street parking for the exclusive use of your tenants, Regards Dan From: Taylor, Trevor f mailto:trevort@cmeusal,com] Sent: Friday, March 25, 2022 3:42 PM To: Alan Schall <Alan@AtlanticRDC.com>; Mayor <mayor@carteret.net> Cc: Curran, Lauren <curranl@carteret.net>; Zwingraf, Matthew <mzwingraf@cmeusal.com> Subject: RE: Carteret Ave Extension to the Watrefront Alan - Please see attached the construction plan. Thanks, Trevor From: Alan Schall <Alan@AtlanticRDC.com> Sent: Friday, March 25, 2022 2:44 PM To: Mayor <mavorPcarteret.net> Cc: Taylor, Trevor <trevort@cmeusal.com>; Curran, Lauren <curranl@carteret.net> Subject: Re: Carteret Ave Extension to the Watrefront Thank you for your quick response. Please forward the latest plans so we can properly assess the impact to our project. Once I've had a chance to review, I'll schedule a time to meet. Thank you Alan From: Mayor <mayor@carteret.net> Date: Friday, March 25, 2022 at 2:24 PM To: Alan Schall <Alan@AtlanticRDC.com> Cc: "Taylor, Trevor" <trevort@cmeusal.com>, "Curran, Lauren" <curranl@carteret.net> Subject: RE: Carteret Ave Extension to the Watrefront 1 Hello Alan, The final plans have not changed that much from the original concept that we sent over a year or so ago- though final permitting and survey work is now complete. The appraiser needs to access the site to determine the value of any property acquisition before we can make an offer. This is a joint Municipal / County project funded and with oversight by the NJDOT. In any event you are always welcome to come in and further review/ discuss the plans with our engineering team and myself. Regards Dan Reiman From: Alan Schall [mailto:Alan cY AtlanticRDC.com] Sent: Friday, March 25, 2022 1:35 PM To: Mayor <mayor@carteret.net> Subject: Re: Carteret Ave Extension to the Watrefront Hello Mayor, I hope this email finds you well. I have been contacted by appraisers regarding the Carteret Ave extension. I would appreciate the opportunity to speak with you and be updated on the Township's plans. Respectfully, Alan From: Mayor <mayor@carteret.net> Date: Tuesday, January 7, 2020 at 10:21 AM To: Alan Schall <Alan@AtlanticRDC.com> Subject: Carteret Ave Extension to the Watrefront Test Mayor Daniel 1. Reiman Borough of Carteret This email communication, together with any attachments hereto or links contained herein, is for the sole use of the intended recipient(s) and may contain information that is confidential, privileged, or legally protected, and as such, may not be a public document. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system. 2 ASSOCIATES August 12, 2022 Via Electronic Mail (duponti cC ,carteret.neti Borough of Carteret Engineering Department 61 Cooke Avenue Carteret, NJ 07008 Attn: John DuPont, PE, PP, CME — Director of Engineering Re: Proposed Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey Our File No. HCA00616.01 JOHN H.ALLGAIR, PE, PP, LS (10832001) DAVID J. SAMUEL, PE, PP, CME JOHN J. STEFANI, PE, LS, PP, CME JAY B. CORNELL, PE, PP, CME MICHAEL J. McCLELLAND, PE, PP, CME GREGORY R. VALESI, PE, PP, CME TIM W. GILLEN, PE, PP, CME (1891-2019) BRUCE M. KOCH, PE, PP, CME LOUIS J. PLOSKONKA, PE, CME TREVOR J. TAYLOR, PE, PP, CME BEHRAM TURAN, PE, LSRP LAURA J.NEUMANN, PE, PP DOUGLAS ROHMEYER, PE, CFM, CME ROBERT J. RUSSO, PE, PP, CME JOHN J. HESS, PE, PP, CME Dear John: Our office is in receipt of a review letter from Menlo Engineering Associates (MEA), undated, provided on July 14, 2022 forwarded by Lasser Hochman, LLC, counsel representing the property owners of the above -mentioned parcels, The letter provides comments related to the proposed extension of Carteret Avenue between Roosevelt Avenue (CR604) and Industrial Highway via the northern parking lot of Block 7401, Lot 1 (alk/a Meridian Square) and across a stormwater basin on the southern portion of Block 302, Lot 4 (a/kla Meridian Square). Please find the below responses to the comments provided in MEA's letter. It is noted that some items are identified as not having been addressed between the MEA's reviews of the original plan submission made to the property owner and an alternate plan provided, dated June 29, 2022. We note that our office has only received one (1) set of engineering comments from the owner's engineer, which was received on July 15, 2022. All responses provided below are in reference to the general layout proposed in the June 29, 2022 alternate plan. 1. Road Geometry a. There is no traffic report to determine the proper classification of the extension, the required left turn stacking lanes, or the general configuration. The left turn lanes are 50 ft long which provides stacking for only two cars. The taper lengths are 15 ft at Roosevelt Ave. and 20 ft at Carteret Industrial Road and are not compliant with NJDOT standards. Per NJDOT standards Figure 6-M: Typical Left Turn Slot, the minimum taper length is 60 ft. Alternate Construction Plan, dated 6/ 29/22: Not Addressed Response: The design and construction of the signals on Roosevelt Avenue and Industrial Highway will be completed under a contract under the direction of the Middlesex County Engineering Office with plans prepared by S:1CerteretJHCA00616,01 - Carteret Avenue ExtensionlCorrespondenc022-07-19 Carteret Avenue Extension Ltr.docx CONSULTING AND MUNICIPAL ENGINEERS 1460 ROUTE 9 SOUTH • HOWELL, NEW JERSEY 07731 • (732) 462.7400 • FAX: (732) 409-0756 ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey August 12, 2022 Our File No. HCA00616.01 Page 2 our office. The lane slots provided are adequate based on anticipated traffic patterns. b. Middlesex County standards for traffic signal design require proper movements for WB-67 design vehicles. The left turn lanes have insufficient length to accommodate a WB-67. It is not clear if the intersections can handle the required design vehicles. Who is going to own and maintain the extension? Is the parking public or private? Alternate Construction Plan, dated 6129122: Not Addressed Response: The adjacent intersections have been designed to accommodate WB•67 turning movements, with the exception of turning movements to and from the Extension, which have been designed to accommodate SU-40 and school bus turning movements. No truck traffic over 4 tons will be permitted along the Carteret Avenue Extension with the exception of local deliveries. The extension (curb to curb) will be owned and maintained by the Borough, with the exception of the angled parking spaces, which will be dedicated to the benefit of Meridian Square and restricted to residents only. c. Per RSIS 5:21-4.19(b)1 street intersections shall be as close to 90 degrees as possible, but in no case shall be less than 75 degrees. The site is zoned residential, and both created intersections are 60 degrees and do not comply with the RSIS standards. Alternate Construction Plan, dated 6129122; Not Addressed. Response: The alignments of the adjacent intersections are adequate given the restricted truck access along the Carteret Avenue Extension. This truck restriction will eliminate the need for excessive turning spaces in the intersections. Additionally, dashed centerlines will be provided across the intersections to serve as a visual aid for motorists. The 60 -degree intersection alignment is proposed to limit the need for additional acquisition on the subject properties. This is consistent with the NJDOT Roadway Design Manual Section 6.2.3 which normally warrants realignment for intersections less than 60 degrees. d. There are only partial sidewalks proposed. Alternate Construction Plan, dated 6/29/22: Addressed; but "Limit of County/Borough Scope of Work" unclear. Response: A continuous sidewalk is proposed along the south side the Carteret Avenue extension between Roosevelt Avenue and Industrial Highway with crosswalks at each drive aisle of the Meridian Square parking lot. The note related to limits of CountylBorough scope of work represents S:1Certeret5HCA00656 PI -Carteret Avenue Extunsion‘Correspendence‘22-07-19 Carteret Avenue Eetension LSr.dace ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey August 12, 2022 Our File No, HCA00616.01 Page 3 the limits of separate County and Borough construction contracts and does not impact final design of the overall project. e. Modifying and cutting off the parking lot opens the site to security issues that do not currently exist. Where the existing site access is limited to the entrance drive, this configuration completely opens the site to the public, granting direct access to the buildings, pedestrians and parking from the traveled way. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: The existing Meridian Square site driveway does not provide any physical means of access control or otherwise limit incursion by the public with the exception of one "No Trespassing Sign" and a towing enforcement sign at the entrance along Roosevelt Avenue. Similar signs will be provided at each new driveway entrance. 2. Building Setbacks a. Proposed Right -of -Way lines/Road Easement lines are not shown adjacent to the Extension. What will be the final building setback distance? The current ordinance and the ordinance in effect at approval both require a minimum of a 20 ft front yard setback for the current zone. Depending on where the final ROW line is set, there will be no setback to the ROW. Response: The existing site is subject to 20 -foot front yard and 50 -foot side yard setbacks. The existing side yard setback of the site is approximately coincident with the proposed location of the northern edge of the 17 angled parking spaces and the southern gutterline of the proposed road extension. Likewise, the proposed southerly limit of acquisition/front yard line through the subject parcel will located along the southern curbline of the extension, and continue across the northern edge of the 17 angled parking spaces. In no case will this line be within 20 feet of the existing buildings; therefore, no new setback variance condition will be created. b. There is an existing 11' wide Road Widening Easement along Roosevelt Ave frontage. The building setback will be reduced from 20' to 9' when Roosevelt is widened. As noted above, per the zoning, the minimum required front yard setback is 20 ft from the property line. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: Roosevelt Avenue is not proposed to be widened in conjunction with these intersection and roadway improvements. Furthermore, all S:lCarteretWCA00616:01 - Carteret Avenue ExtensionlCarrespandence122-07.19 Carteret Avenue Extension Ltr.docx ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey August 12, 2022 Our File No. HCA00616.01 Page 4 building setbacks shall be measured to the right-of-way line and not easement lines; therefore, building setbacks along Roosevelt Avenue are unaffected. c. What is the minimum distance proposed between buildings and curb? The proposed curb line is approximately 10 ft to the center building. The original approved site plans maintained a minimum setback to the parking of 15 ft. Alternate Construction Plan, dated 6129122: Not Addressed. Response: The nearest point of the existing and proposed curblines to the below buildings is as follows, moving west to east: • Building 1: • Leasing Office: • Building 7: • Building 6: 13.5 ft existing; 26.0 ft proposed 14.8 ft existing; 10.5 feet proposed 15.6 ft existing; 11.2 feet proposed Existing N/A; 23.5 feet proposed d. Currently the buildings are setback from the private parking and driveways. The proposed extension provides for a setback less than 15 ft from a major road. The reduced distances and increased traffic flow, there will now be traffic and traffic noise that directly impacts the buildings. Alternate Construction Plan, dated 6129/22: Not Addressed. Response: See above response to 2a. Setbacks less than 15 feet are proposed to the angled parking area and not the travel lane of the road. 3. Parking a. The proposed design has a severe impact on Meridian's required parking. 71 private parking spaces are being removed and replaced with 6 private spaces for a net loss of 65 private spaces. Per the Residential Site Improvement Standards, the number of units requires 312 parking spaces which are currently provided on the site. The proposed design reduces the parking to 247 spaces which is below the requirements of RSIS. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: The existing site currently provides 311 spaces, one (1) space deficient of the 312 spaces on the approved site plan. This deficiency appears to be related to the provision of two (2) additional handicap parking spaces and an associated access aisle provided directly to the north of Building 7. S:CarteretlHCA006t6 01 - Carleres Avenue Exlenslon\Correspondence122-07.19 Carteret Avenue Extension Lir docx J ame ASSOCVffES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey August 12, 2022 Our File No. HCA00616.01 Page 5 Our office has conducted a review of the parking provided on site and surveyed the spaces utilized by residents during late night and early morning hours, at times of peak parking demand. The maximum number of occupied parking spaces observed ranged from 236 to 247. The majority of the unused spaces were situated along the northern parking aisles where the road extension is proposed. The proposed plan results in a net reduction of 47 spaces (elimination of 70 spaces and creation of 23 spaces). This will provide 264 spaces for parking expressly for the use of Meridian Square residents, or approximately 1.7 spaces per dwelling unit. This is consistent with ITE parking supply ratios for Multifamily Low -Rise Housing (General Urban/Suburban Setting), in addition to being in excess of current parking lot utilization by residents. b. 2 handicap spaces being removed and not replaced. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: Within the project limits, two (2) handicap spaces exist near the leasing office and two (2) additional spaces to the north of Building 7. All four (4) spaces are shown to be maintained. c. If the parking in the extension is for the benefit of Meridian, then an additional 17 spaces is provided but there is still a net loss of 48 spaces. Since this parking is now along a main road, what prevents the public from using the parking? How will the apartment parking be enforced? Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: Parking will be signed appropriately to restrict parking to residents only. Enforcement will be the responsibility of the Property Owner, but could be supplemented by the Borough to the extent an agreement is reached with the Police Department to enforce Title 39 regulations and parking restrictions on the subject property. d. Who will maintain the parking areas? Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: The parking areas will be maintained by the Property Owner. The Borough will maintain the roadway. S:\Carterel5HCA00616 01 - Carteret Avenue Extension1Correspondence122-07-49 Carteret Avenue Extension Le datx ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey 4. Drainage August 12, 2022 Our File No. HCA00616.01 Page 6 a. Detention basin servicing the adjacent development will be dramatically reduced in size. This area will need to be acquired as public ROW. The project must comply with the stormwater management requirements cited in Article XIVA Stormwater Management and Control, Borough of Carteret. With the reduction in basin volume, how will this be mitigated? Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: The function of the existing Meridian Terrace stormwater basin will be maintained. b. Where will runoff from the Extension discharge? It should go direct to Borough system and not connect to Meridian Square system. The project must comply with the stormwater management requirements cited in Article XIVA Stormwater Management and Control, Borough of Carteret. What is Impact to the existing onsite detention basin? Alternate Construction Plan, dated 6/29/22: Not Addressed. Response; Runoff generated by the Extension east of Station 47+75 will be directed to Borough storm sewers on Industrial Highway, as it does in the existing condition. Existing drainage patterns between the Roosevelt Avenue driveway and 47+75 will generally be maintained. Proposed drainage structures will tie into existing on -site storm sewers. There will be an overall decrease in impervious coverage contributing to the Meridian Square detention basin; therefore, the system will not be adversely impacted. c. Meridian Square drainage system will be interrupted and will need to be re-routed, The project must comply with the stormwater management requirements cited in Article XIVA Stormwater Management and Control, Borough of Carteret. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: The Meridian Square drainage system is not proposed to be interrupted or re-routed. 5. Utilities a. Verizon box near front entrance is within existing 20' wide Bell Atlantic easement per tax map is shown to remain, shouldn't impact Meridian Square. Response: We concur. S1Carteret4HCA0C610 01 - Carteret Avenue Eat enslon1Correspondence422-07.19 Carteret Avenue Extension Llr docx ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey August 12, 2022 Our File No. HCA00616.01 Page 7 b. Water and gas mains and service laterals will be interrupted and will need to be re-routed along the Extension and new connections made to Meridian's utilities. Existing water & gas easements will be impacted. Alternate Construction Plan, dated 6/29/22: Only addressed in notes. Existing utility services should be shown on plan with specific relocations incorporated into the design. Response: No impacts to water or gas mains or services are anticipated. c. Electrical/Communications box near dumpster will need to be relocated. Alternate Construction Plan, dated 6/29/22: Only addressed in notes. Existing utility services should be shown on plan with specific relocations incorporated into the design. Response: The existing transformer and telecommunications boxes on the northwest corner of Building 6 will not be affected by construction. d. Irrigation system will be interrupted. Alternate Construction Plan, dated 6129122: Not Addressed. Response: Irrigation lines are not marked. Any irrigation lines currently located in open areas proposed to be converted to roadway or sidewalk will be relocated. Any irrigation lines damaged by the Contractor will be repaired at no cost to the Owner. e. Sanitary should not be impacted. Response: We concur. 6. Garbage Pick -Up a. One dumpster will be removed. If it is relocated, that will create an additional parking loss. There are two other dumpsters on the site that will remain. Alternate Construction Plan, dated 6/29/22: Revised location not acceptable. Garbage collection will create unsafe traffic conditions at proposed location. Response: The proposed location of the dumpster enclosure to the north of Building 7 adequately serves turning movements for SU-30 refuse trucks and does not inhibit the sight lines of the adjacent driveways. 5: CarlerellHCA00616.01 - Carteret Avenue ExtensionlCorrespandence122.07.19 Carteret Avenue Extension 4tr door ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey 7. Fences August 12, 2022 Our File No. HCA00616.01 Page 8 a. Will fence be installed along back edge of sidewalk between the extension and Meridian buildings to provide a separation? Additional sidewalk will be needed on the Meridian side of this fence for use by residents only. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: New fencing may be proposed along the back edge of the sidewalk to provide a physical separation if desired by the Owner. We request that information on the fence and specific direction on desired locations be provided for review. 8. Construction Easement a. Temporary construction easements will be required. General Note #4 on the plan states that Contractor will be responsible for getting lot owner's permission to enter property to repair damaged driveway or walk. It can't be the Contractor's responsibility. Alternate Construction Plan, dated 6/29/22: Not Addressed. Response: Individual parcel mapping for each of the subject properties will be provided separately depicting the extent of temporary construction easements and areas of acquisition for roadway access associated with the road extension. The notes on the revised plans will be revised accordingly to note Borough coordination between the Property Owner and Contractor to repair any damaged private property. 9. Alternate Construction Plan, dated 6/29/22: Additional issues a. "Proposed Future Signalized Intersection Improvements" are required for the improvements within the shown project limits to be viable. The signals need to be designed in accordance with the NJDOT and Middlesex County requirements. As noted above, the current plan does not meet these requirements. When will the intersection improvements be completed, and by who? Without designs for the signals, what additional encumbrances will be placed on the existing property? Response: It is anticipated that the signalized intersection improvements will be installed under a separate contract let by the Middlesex County Engineering Office following the construction of the roadway extension improvements on the subject properties. The final signal improvement plans will be approved by the County. S\CartereLWCA006f601 - Carteret Avenue Extension \Correspondence\22-0y-1B Cnrterel Avenue Extension t-Ir &lex ASSOCIATES Carteret Avenue Extension Block 7401, Lot 1 and Block 302, Lots 3 & 4 Borough of Carteret, Middlesex County, New Jersey b. Limits of construction are not clear. August 12, 2022 Our File No. HCA00616.01 Page 9 Response: Construction limits will be from Roosevelt Avenue through to Industrial Highway, with scope of construction on -site limited to the proposed temporary construction easements depicted. c. Who will own and maintain the proposed "1,725 SF Landscape Retaining Wall" along the modified storm -water basin. Response: The relocated basin retaining wall will remain under the ownership and maintenance of the Property Owner. d. Who will own and maintain the proposed" 273 LF Beam Guide Rail", Response: The guide rail will be owned and maintained by the Borough, Should you have any questions or require additional information, please do not hesitate to contact our office. V.•ry tr yours, ciates T -vor . aylor, PE, PP, CME For ie Flr•n7 TT:MZ Enclosures (via email) cc: Mayor Daniel J. Reiman Michael Sica, Esq. — Borough of Carteret Robert J. Bergen, Esq. — Borough of Carteret Kevin McManimon, Esq. -- McManimon, Scotland, Baumann Sheppard A. Guryan, Esq. — Lasser Hochman, LLC Scott Turner, PE, CME -- Menlo Engineering Associates Carteret Terrace, LLC Meridian II, LLC Andrew Janiw, PP, AICP -- Borough Planner Arthur Linfante, MAI, CRE — Integra Realty Resources Brandon Frank, MAI — Integra Realty Resources S1Cer1ere11HCA00616 01 • Carteret Avenue ExtensionlC«respondence,22.07•19 Carteret Avenue Extension it( dim, BORC JOHE OF CARIERET mIDOCESE% CD.Perf , NE1. JERSEY CARTERET AVENUE EXTENSION mkgro l, %K uwnonciwen:w..e'tony. own i .aa u `u soia uw.e x nos r 2. �., .,>.. 1.111,° 40.... E • ALC M ..r • 4411..... ....14 10 wig, blu er, :Euro ,"°.c a„eem e«Mw.s„A.. e •• • ,e •, ...X. _•.t 1.111 M m....>a :r..o,, 1111 ,x �. a, 01 . .71• 1111s. 1 MIten s.x.0 u:.«wna `zww .M>am u. xe ,. 10 oocM.. n .. LS.uum.0 ,a*.es.0 0m..B M...: mns. .,� .910 X111.14 . ol¢o ,.M••.0• m9•n n¢. Mf [o.�.w. 1t .b6 K.011, GRAPHIC SCALE S M .ls%, . CONSTR,1CTiON PLAN mNs,xT•ao o.,o%xau J r 13 .PY ..Sa1a r..M 4 .Y.q •ufs,fa . TREVO lfd YL OR. P .E. P.P. �= j •J 7 'e% WC Tr 0 4L.1.11.1 1, f rertwlPa t n w+•.n .y , �, 1111•. . 1,01122 I QP l EXHIBIT A CHROME WATERFRONT REDEVELOPMENT AREA Pursuant to the Chrome Waterfront Redevelopment Investigation Report performed on behalf of the Borough of Carteret by Schoor I)ePalma, Inc., 200 State Highway Nine, P.O. Box 900, Manalapan, New Jersey; and adopting Ordinance of the Governing Body of the Borough of Carteret, the Chrome Waterfront Redevelopment Area consists of the following lands and Improvements: Tax Block Tax Lot Street Address 4 1 4000 Industrial Avenue 4 2 (C.O. 100) 100 Middlesex Avenue 4 2 (C.O. 200) 100 Middlesex Avenue 4 2 (C.O. 300) 100 Middlesex Avenue 4 2 (C.O. 400) 100 Middlesex Avenue 4 3 (off) Middlesex Avenue 4 4 Middlesex Avenue 5.1 1 230 Roosevelt Avenue 5.1 1.02 Roosevelt Avenue 5.1 1.03 186 Roosevelt Avenue 5.1 2 220 Roosevelt Avenue 5.1 5 180 Roosevelt Avenue 5.1 6 182 Roosevelt Avenue 5.02 1.01 (off) Roosevelt Avenue 5.02 2.01 (off) Roosevelt Avenue 5.02 1.02 (off) Roosevelt Avenue 5.02 1.03 (off) Roosevelt Avenue 6.1 1 339 Roosevelt Avenue 6.2 12 259 Roosevelt Avenue 500 Various Parcels Consolidated Rail Corporation Rights of Way CO WEINER L ESNIAX LLP Attorneys at Law JOSEPH F. RANIERI NJ BAR Via Federal Express John Marmora, Esq. Kirkpatrick & Lockhart LLP One.Newark Center Newark, NJ 07102 629 PARSIPPANY ROAD POST OFFICE BOX '438 PARSIPPANY, NEW JERSEY 07054-0438 973-403-11 00 FACSIMILE 973-403-0010 November 1, 2005 Re: Carteret Landings LLC Redevelopment Project: DuPont Parcels Tax Block 5.02 Lot 1.01 and Tax Block 5.02 Lot 2.01 Our File No.: 18760 Dear Mr. Marmora: As you are aware, the undersigned serves as redevelopment counsel to the Carteret Landings LLC, the designated redeveloper of certain parcels of property situated within the Chrome Waterfront Redevelopment Area, Carteret, New Jersey. Tax Block 5.02 Lots 1.01 and 2.01 are owned by your client E.I. DuPont de Nemours and Company. Tax Block 5.02 Lot 1.01 consists of approximately thirty point five seven six (30.576) acres. Tax Block 5.02 Lot 2.01 consists of approximately five point eight four (5.84) acres. As a component of the redevelopment process, Carteret Landings is authorized to attempt to acquire the fee simple interests in each of the above -captioned parcels of property by means of amicable negotiations. In order to initiate this process, Carteret Landings hereby offers the sum of ten million nine hundred thousand ($10,900,000) Dollars for the purchase of E.I. DuPont de Nemours and Company's fee simple interests in Tax Block 5.02 Lot 1.01 and Tax Block 5.02 Lot 2.01, subject to the resolution of all other outstanding issues related to the conveyance of the parcels of property. This sum does not take into account the costs of any environmental remediation, mitigation or clean-up. Carteret Landings is in the process of calculating these costs and will provide your offices with such estimates in the near future. Carteret Landings reserves the right to seek an adjustment in the offered compensation by the. amount of these costs. Carteret Landings prefers to acquire the property through negotiations by means of mutually acceptable purchase agreement. In the event we are unable to reach an agreement through informal negotiations, the Borough of Carteret is authorized by the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1, et seq.) to initiate formal proceedings to acquire the property pursuant to the Eminent Domain Act. (N.J.S.A. 20:3-1, et seq.) If the Borough's action becomes necessary, it will proceed independently pursuant to that statute. But as indicated above, Carteret Landings is hopeful that the purchase can be accomplished by means of these informal negotiations. ��w 6:4 JOSEPH F. RANlER!- NJ BAR Via Federal .Express James M. Turteltaub, Esq. Carlin & Ward 25A Vreeland Road Florham. Park, NJ 07932 WEINER LESNIAK LLP Attorneys at Law 629 PARSIPPANY ROAD POST OFFICE BOX 438 PARSIPPANY. NEW JERSEY 07054-0438 973-403-1100 FACSIMILE 973.403-0010 November 1,'2005 Re: Carteret Landings LLC Redevelopment Project: Basin Holdings Parcel Tax Block 5.02 Lot 1.02 Our File No.: 18760 Dear Mr. Turteltaub: As you are aware, the undersigned serves as redevelopment counsel to the Carteret Landings LLC, the designated redeveloper of certain parcels of property situated within the Chrome Waterfront Redevelopment Area, Carteret, New Jersey. Tax Block 5.02 Lot 1.02 is owned by your client Basin Holdings Corporation. Tax Block 5.02 Lot 1.02 consists of approximately six point six three one (6.631) acres. As a component of the redevelopment process, Carteret Landings is authorized to attempt to acquire the fee simple interest in the above -referenced parcel of property by means of amicable negotiations. In order to initiate this process, Carteret Landings hereby offers the sum of one million four hundred thousand ($1,400,000) Dollars for the purchase of Basin Holding Corporation's fee simple interests in Tax Block 5.02 Lot 1.02, subject to the resolution of all other outstanding issues related to the conveyance of the parcels of property. This sum does not take into account the costs of any environmental remediation, mitigation or clean-up. Carteret Landings is in the process of calculating these costs and will provide your offices with such estimates in the near future. Carteret Landings reserves the right to seek an adjustment in the offered compensation by the amount of these costs. Carteret Landings prefers to acquire the property through negotiations by means of mutually acceptable purchase agreement. In the event we are unable to reach an agreement through informal negotiations, the Borough of Carteret is authorized by the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A et seq.) to initiate formal proceedings to acquire the property pursuant to the Eminent Domain Act, (N.J.S.A. 20:3-1, et seq.) If the Borough's action becomes necessary, it will proceed independently pursuant to that statute. But as indicated above, Carteret Landings is hopeful that the purchase can be accomplished by means of these informal negotiations. As in any negotiations, the offer by Carteret Landings is without prejudice to any claim that Carteret Landings and the Borough of Carteret may interpose in the event the matter is not amicably resolved and formal acquisition proceedings become necessary.` \'C November 1, 2005 James M. Turteltaub, Esq. Page 2 Carteret Landings looks forward to engaging in meaningful discussions with you and your client on the issue of property acquisition and in that regard upon your receipt of this correspondence would you be so kind as to contact me such that we may discuss this matter more fully. Very truly yours, WEINER LESNIAK LLP By: ?t seph F. Ranieri, Esq. A Member of the Firm Cc: Mayor Daniel J. Reiman / Robert Bergen, Esq. (via First Class Mail) Leonard H. Berkeley, Esq., Weiner Lesniak LLP (via interoffice Mail) Jason Berkeley, Carteret Landings, LLC (via Facsimile) X:4WP-DATAlCORNATTERS118760 Lir James Turteltaub re Carteret Landings LLC Redevelopment Project 10-21-05 itr.doc MIDDLESEX COUNTY UTILITIES AUTHORITY MAIN OFFICES: 2571 MAIN STREET • P.O. BOX 159 •SAYREVILLE, NJ 08872-0159 (732) 721-3800 FAX: (732) 721-0206 MIDDLESEX COUNTY LANDFILL OFFICE: 53 EDGEBORO ROAD • EAST BRUNSWICK, NJ 08816-1636 (732) 246-4313 FAX: (732) 246-8846 RICHARD L. FITAMANT, EXECUTIVE DIRECTOR MARGARET M. BRENNAN, COMPTROLLER DONATO J. TANZI, WASTEWATER DIVISION PAUL T. CLARK. SOLID WASTE DIVISION JOHN A. HILA, ESQ.. COUNSEL Gregory Ploussas, P.E., P.P Chester, Ploussas, Lisowsky Partnership, LLP PO Box 943 Matawan, NJ 07747-0943 Re: Carteret Landing Middlesex and Roosevelt Avenues Carteret, NJ Dear Mr. Ploussas, October 19, 2004 REPLY TO: kj SAYREVILLE ❑ EAST BRUNSWICK The MCUA is in receipt of your October 18, 2004 letter requesting confirmation of the capacity of the MCUA's Central Treatment Plant to accept wastewater flow from the referenced project. As of this date, the MCUA would have no objection to accepting the sanitary wastewater of flow from the project as describe in your letter. However, the MCUA's final approval is contingent upon the following: 1. The Borough of Carteret's adherence to its Infiltration/Inflow Reduction efforts and reporting requirements to the MCUA. 2. Written approval from the Borough of Carteret, who has ultimate jurisdiction over the local wastewater collection system, indicating its acceptance of the flow and adherence to its Infiltration/Inflow Reduction efforts and reporting requirements to the MCUA 3. Pursuant to NJAC 7:14A-22 et.seq., a Treatment Works Approval (TWA) may be required from the NJDEP. If a TWA is required, MCUA's endorsement of the TWA shall serve as the MCUA's final approval of the project. If a TWA is not required, the enclosed MCUA-001 and MCUA- 002 forms shall be completed and submitted to the MCUA by the c� /O applicant. 1 n �� r 0L. e 7r,tt?"' , MIDDLESEX COUNTY UTILITIES AUTHORITY Page 2 October 19, 2004 a. Form MCUA-001 shall be completed and returned the MCUA within five (5) days of any municipal approval; including but not limited to, planning board, zoning board, utility authority and/or construction department approval. b. Form MCUA-002 shall be submitted to the MCUA upon project completion to verify the introduction of flow into the wastewater collection system. c. All TWA applications shall be submitted to the MCUA with the appropriate review fee as set forth in Section 14.4 of the MCUA Rules and Regulations. The fee's are as follows: i. Any sanitary sewer extension with a design capacity of: 1. 10,000 gpd of less $ 50.00 2. 10,000 gpd up to 1,000,000 $100.00 3. >1,000,000 $400.00 Please be advised, all connections to the MCUA through its municipal participants shall conform to all design standards and requirements of the municipality the project is located. Furthermore, based upon the properties affected as identified in your letter, the MCUA has no utilities within these areas. If you have any questions concerning this matter, please contact Kevin Aiello or myself at (732) 721-3800. Very truly yours, 'chard L. Fitamant Executive Director Cc: Carteret Borough Engineer Carteret Borough Clerk Dan Tanzi, Wastewater Division Manger/Chief Engineer, MCUA Kevin Aiello, Administrator Environmental Quality, MCUA esolZttimt of U !irim f QIarfrM, No. 03-228 Date of Adoptio n -July 24, 2003 DESIGN ATING elkRTERET LAINis LLC, AS THE RE DEVELOPER FOR A PORTION OF THE CARTERET CHROME W ATERFRO NT REDE VELOPMENT DIST RICT WHEREAS, by Ordinance No . 03-07, passed on February 6, 2003, the Borou gh of Carteret adopted the Redevelopment Pla n for the redevelopment of the Chrome Waterfront Redevelopment District ("CWRD"); and WH EREAS, on February 21, 2003, the Borough issued a Req uest for Propo sals, soliciting proposals for the redevelopment of a portion of the CW RD; and WHEREA S, eittidtet L gf1 LLC, r consisti ng of the affiliated companies of the Atlantic Realty De vel opment Corporati on, Ro seland Property Company and BNB Associates was o ne of three developers who submitted a proposal for the redevelopment of the CWRD; and WHEREA S, Mad 14144 was one of the three developers invited to make a forma l presentation of their proposal to the Mayor and Council; and WH EREAS, C ret ) d1.g is propo sing development of a mixed use, transit -oriented project consisting of commercial, office, retail, recreatio n and residen tial uses; and WHEREAS, after a review of all proposa ls, the Mayor and Council have determined that the proposal from Mae gliAg is consistent with the Request for Proposals and the Borough's redevelopment plan and, further, meets the goals and objectives that the Borough has established for the CWRD; and WHEREAS, the Borough wishes to en gage in preliminary negotiations with Ca t ret 1.4#44.in furtheran ce of en terin g into a formal redevelopment agreemen t, with said prelimin ary negotiations to include the receipt an d review of additional project specific informa tion from C'l"el 1. x NO W THEREFORE, BE IT RESO LVED by the Ma yo r and Coun cil of the Borough of Carteret, County of Middlesex, State of New Jersey as follo ws: 1. That Cat et L ttgs a consortium of Atlantic Realty Development Corporation , Ro seland Property, BNB Associates, with offices located at 90 Woodbridge Center Drive, Woodbridge, NJ, is hereby conditionally designated as the redeveloper for referenced portion of the CWRD and has, at the sole and exclusive discretion of the Borough, the option to negotiate a redevelopment agre ement with the Borough for the designated propertie s located within the CWRD. 2. That the within designation is hereby made for a period of ninety (90) days, and is further co ntingent upon Carteret Landing, NO 03-228 PAGE 2 pr oviding the additio nal project related information as may be requested by the Borough. 3. That said c onditional designation is additionally contingent upon Carteret Landi ng agreeing to reimburse the Borough for any and all costs associated with the Boro ugh's re view of said additio nal material and a ny subsequent efforts involved in negotiating a formal redevelopment agreeme nt between the Borough a nd Carteret Landing. Said costs shall include, but not limited t o, the cost of a ny and all professional consultants retained by the Borough to review said materials and/or assist the Boro ugh in negotiation s of a formal redevelopme nt agreeme nt. 4. That said designatio n may be exte nded at the sole a nd exclusive discretion of the Borough. COUNCILMAN NAPLES PARISI Adopted this 24the day of July, 2003 a nd certified as a true copy of the origi nal on July 25, 2003. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE NO NV A. I4. - —._..COUNCILMAN X - lndicaie Vote Aid - Absent RIOS SITARZ SOSNOWSKI NV - No t Voting XOR - indicate% Vote to Overrule Veto Adopted at a meeting of tite Municipal Council Ci pc ,' i.J'L-Gym