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HomeMy Public PortalAboutr 04:053No. #04-53 Date of Adoption February 5, 2004 AUTHORIZING THE MAYOR TO EXECUTE A REDEVELOPMENT AGREEMENT BETWEEN THE BOROUGH OF CARTERET AND TITAN-PDC CARTERET, LLC WHEREAS, on August 1, 1995, pursuant to the provisions of P.L. 1995, c. 173, codified at, N.J.S.A. 40A:12A:12A-50 et seq. (the "1995 Landfill Law"), Borough adopted Ordinance #95-40 which established a landfill reclamation improvement district consisting of certain real property in the Borough as identified in such ordinance (the "Initial District"); and WHEREAS, pursuant to the 1995 Landfill Law, the Borough was deemed to have adopted a redevelopment plan at the time the Initial District was established; and WHEREAS, on November 2, 1995, the Borough Council adopted Resolution #95-346 relating to a redevelopment plan for the Initial District; and WHEREAS, on June 6, 1996, pursuant to the 1995 Landfill Law, the Borough Council adopted Ordinance #96-14, which expanded the boundaries of the Initial District to include those properties identified in such ordinance (as expanded, the "District"); and WHEREAS, on July 22, 1996, the 1995 Landfill Law was amended and supplemented by P.L. 1996, c.73 (the 1995 Landfill Law as amended thereby and as amended thereafter, the "Landfill Law"); and WHEREAS, on March 7, 1997, Borough and the Bellemead Development Corp. ("Bellemead") entered into a redevelopment agreement relating to the District (the "Bellemead Agreement"); and WHEREAS, subsequent to that time, the Borough has been negotiating with representatives o£ Titan-PDC Carteret, LLC ("Titan"), with the acknowledgement and approval of Bellemead, regarding a replacement redevelopment agreement for the Bellemead Agreement; and WHEREAS, the Borough and Titan have reached an agreement on the terms and conditions for a replacement redevelopment agreement and are desirous of memorializing the same into a formal redevelopment agreement (the "Titan Agreement"); and WHEREAS, simultaneously with the execution o£ the Titan Agreement, the Borough and Bellemead will be executing a document terminating the Bellemead Agreement and ultimately releasing each other fi.om all claims arising out of' the Bellemead Agreement ("Bellemead Release"); and ~o. ~0~-53 PAOE 2 of 2 NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey as follows: 1. that the Titan Agreement, a copy of which is attached hereto and be made apart hereof, be and is hereby approved; 2. that the Mayor and appropriate Borough officials are hereby authorized to execute said Agreement on behalf of the Borough; 3. that the Mayor and appropriate Borough officials are hereby authorized to execute the Bellemead Release and any other ancillary documents associated with and/or required by the Titan Agreement, all in a form acceptable to the Borough Attorney. 4. that the appropriate Borough officials are hereby authorized to take the appropriate action to implement the Titan Agreement pursuant to its terms and as approved by the Borough Attorney; and 5. that the designated duly executed originals and necessary copies of the Titan Agreement shall be distributed as directed by the Borough Attorney. Adopted this 5® day of February, 2004 and certified as a true copy of the original on February 6, 2004. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. ~mTM X RIOS X NAPLES X I S ITARZ X PARISI X [[ SOSNOWSKI X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto cp Adopted at a meeting of the Municipal Council /~~_February 5, 2004