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HomeMy Public PortalAboutr 97:297No. 97-297 Date of AdopfiongEPTEl® iB~ ]997 WItERE, AS, the Borough of Carteret (the "Borough") has previously entered into a Regional Contribution Agreement ("RCA") with the Township of Cranberry by which the Borough is obligated to rehabilitate certain residential units within the Borough; and WHEREAS, the Borough has reached an agreement with Raia & Sirignano ("Raia") to perform the rehabilitation work (the "Agreement"); and WHEREAS, the Borough has submitted a project plan which has been approved by the Council on Affordable Housing ("COAFf'); and WHEREAS, the Borough and Raia wish to revise their agreement to reflect the revised project plan approved by COAH. NOW, THEREFORE, BE IT RESOLVED that the revised agreement, a copy of which is attached, between the Borough and Raia is hereby approved. BE IT ~ RESOLVED that the Mayor and Municipal Clerk are authorized to execute said agreement. Adopted the 18th day of September, 1997 and certified as a true copy of the original on September 19, 1997 KAT~.EEN M. BARNEY, Certified Municipal Clerk RECORD OF COUNCIl, VOTE B~ALOI~CZL~ FAZEKA~ FAILACE GUTOWSKI X Indicate Vole AB - Absent NV - Not Voling XOR - Indicams Vole to Overrule Vcto Adoplcd at a meeting of the Municipal Council ~ SEPTI~BER 18, 1997 CONsENT~GREF~ENT TO MODIFY · . PROJECT PLAN FOR ; ~NBURY TOWN~HIP/e~.I~TEI~ET BOROUGH ~GIO~ cONTRIBUTION AG~ CONSENT AGR~LNT dated as of the !day cf Septemk*ar, 1997 by and between the BOROUGH OF C~RTER~T (hereinafter, ,,Carteret"} and RAIA ~ SIRIGNi%NO (hereinafter, "Raia")~ N]IEREAS, the Township of Cranbury and C~rteret have previously entered into a Regional Contribution Agreement ("RCA") pursuant to N.J.S.A. 52!27D-301, ~ Se~.; and WH~EA~, Cart~ret agreed to ailocmte ~20,000 per unit of RCA funds ~o each unit %0 bc rehem~lltated by Ralla, totally ~500,000 in =he aggr.gat~ for 11 units at Roosevelt Hill Apartments, 11 units at Roosevelt Hill Apartm~ts II, an~ 3 anit~ at 59 Roosevelt Avenue; ~,~EHEAS, Raia has successfully rehabilitated and rented 23 u£ the-2§ units according to law; and : WHEREAS, the documentation as betwee~ Carteret and Raja has c been somewhat la~king; and ~-~EAS, in order to improve the housing stock in the Borough of Cartsret, comply with the intent of th~ RCA and provide a renewable fund for the oitizens of Cartereti, the Mayor and Council and Ra~a have roachod an agreemont to thei~ mutual bonefit. ~OW, THEREFORE, BE IT R~SOLVED as follows: 1. The $500,00 shall be transferredlto Raja as follows: a) $250,000 in the form of a gr~nt; b) $250,000 in the form of a lo~n. 2. A~ monies are received from cranSur¥, the first $250,000 thmreof will be paid ovar to Rai~ as grant monies. 3. The next $250,000 receiwcd fromi Cranbury will be paid over to Raja in the form of a 16an, with the following ~erms: a) Raia shall make annual pay~.ents of SZ,OO0 payable on or before September i ofieac~ yoar. The Dalancm of the loan (1.e. $192,0~0) shall be due payable on or before AugUs~ 30, 2022, in the form of a balloon payment. b) no interost; and c) secured by a non recourse m~rtgage on the property. d) In the event Raja shall I fail to complete the rehabilitation of the remaining units located at 561 Roosevelt Avenue by Ncvember 30, 1997 to the 2 reasonable satisfaction of Carteret, unless he is ..- precluded from doing so DY, structural problems beyond his 6ontrol, which ihe shall use his best efforts to then complete asisoon as posslble, then payments of $40,000 for such units under the loan shall become immediately du~ and payable. e) Raja shall execute a nonrecourse note satisfactory to Carteret evidencing the herein described 10an. f) The loan by Carteret ehal% not be assignable by Raia without the written consent of Carteret. lloan by Raia shall be g) The obligation, under the ~ binding upon Da~aJs successor and assigns, ~ notwithstanding the fereooing. Tn the event Raja shall transfer title to anyiof property for which a portion of the loan ha~ b=e~ made, or in the euont of a change in Raio's ~orporate structure er / status, Raja shall becom9 immediately due and payable. 4. This Agreement shall be bind~n~ on the parties, their successors and assigns, 5 Raja agrees to diligently complete the two (2) units at · 561 Roosevelt Avenue and to a~vi~e carteret of their completion. All rehabilitation!shall be completed in a good, workmanlike manner in accgrdance with the project plan set attached as Schedule 1.i 6. Notices. All notice, demandz a~d requests, required or 3 Agreement, shall be in writing by facsimile and Overnight courl~r registerea or certified mail, re~urn receipt requested, If to Rala: 450 Seventh Street ~oboken, NJ 07030 With a ~opy to: Pran~ Leanza, ~asnza & A~rapid~, 25~ Route 17 If to the Borouqh: Borough of Carter~t Att: Kathlsen Barney, Muni~lpa% Carteret, NJ 070~8 With a copy to: Craig J. coughltni, Boro~lgh Attorney Mcoowan & Coughli~, 207 So. SteVenS Avenue Sou~h A~boy, NJ ~8879 Any such notice, dsmsnd or reqUeSt S~Ii De ~eemmd given or made on the next business da~ after delivm~ to the overnight oo~ier and, if mailgd, on ~e ~ird (3rd) business day after the date so mailed.' N.twithstanding the for~0ing, in the case 0f here~, ~a notice ~o ~ gi~e~, if practical, by telephone or facsimile, sent its respective address or addr~ses as aforesaid, and such notiom shall bm deemed giv~m on the ~ay on which telephone call As made or the dm~ on which ~e tel~r~ 4 7. This Agreement shall be =ontingent upon approval of the ~ Council on Affordable Housing, which has accepted an amended Project plan as set forthlin Timothy J. Touhey's August 28, 1997 letter, attachedi hereto as Exhibit "A" and is hereby adopted by the parties hereto. 8. ~n=ire Agreement. This instrument contains the entire agreement and underztanding between the parties hereto. No s~atements, reDresentatives,! Drior agreements or understanding not her~n get for~h shall have any force or effect unle~m an appropriate amendment i~ e~ecuted by all parties hereto. Thi= Agreemant =hall become ef£ectiv~ u~ly upon execution hereof by both parti~ hereto and delivery ~f a fully executed re~olu~ion hereof. IN WiTNR$S WHEREO~, the parties have caused this Agreement to be executed by their duly authorized representatives. ATTEST: BOROUGH OP CART~RET WITNESS: P. AIA & SIRIGNANO PRANK R~i~A 5 657 8outS. CllntoaJtvrmue, P.O. I~,x 1855(1, Trenton, NJ 0~65,0-2085. 609-2~78-3t00 EXHIBIT ";%" ~e 2 ~.]lll{t~lt Avenue C.>F,~onC~s~: ,~156,152 To ~ ~y fu~ ii.es, pl~se ~lac, t VMc~I/~ D~v~ of~' a~ ~ ~-27'~-7524, O~e ag~ ~ look f~d to ~m~ng ~ the Co~ ~ ~or~ H~ to ~d