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HomeMy Public PortalAboutr 96:182 [31lie O[' Adopl[oll_ Jun~ 20; t996 96-]_82 bio, APPROVING RCA AGREEMENT WITH TOWNSHIP OF READINGTON AND AUTHORIZING EXECUTION OF SAME WHEREAS, the Borough of Carteret has been accepted by the Township of Readington to accept 116 units of its affordable housing units; and WHEREAS, the Township of Readington has submitted an agreement~consistent with the Council of Affordable Housing and Requirements; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Carteret hereby approves the Regional Contribution Agreement between the Township of Readington and the Borough of Carteret for 116 Units in the amount of $2,320,000.00. BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are authorized to execute the aforementioned agreement. Adopted this 20th day of June, 1996 and certified as a true copy of the original on June 21, 1996. KATHLEEN M. BARNEY, Municipal Clerk IH~C()IID ()lr COUNCIL VO'I'I~ X - Indicate Vole AB - Absent NV - Nol Voting X()R - Imlicnles V~le Io Overrule Velo Adopled nl n meeting of Ihe Mmficilml Council June 20, 1996 CiFfIC~ Or REGIONAL CONTRIBUTION AGREEMENT PURSUANT TO N.J.S.A. 52:27D-301 ET.SEQ. BETWEEN THE TOWNSHIP OF READINGTON(SENDING MUNICIPALITY) THE BOROUGH OF CARTERET (RECEIVING MUNICIPALITY This Agreement, made this/,~ day of 9~-~, / ~ ~ ? between the TOWNSHIP OF READINGTON, a municipal corporation of the State of New Jersey, having an address of 509 Route 523, Whitehouse Station, New Jersey 08889, hereinaker referred to as "'r~vnship" or "Readington", and the BOROUGH OF CARTERET, a municipal corporation o£ the State of New Jersey, having an address of 61 Cooke Avenue, Carteret, New Jersey 07008 (hereinafter referred to as "Borough" or "Carteret". WHEREAS, the Township of Readington, County of Hunterdon, State of New Jersey, is obligated under rulings of the Supreme Court of New Jersey in South Burlington County NAACP v. Mount Laurel, 67 NJ 151 (1975); and South Burlington County NAACP v. Mount Laurel,1 92 NJ 158 (1983), to provide housing for persons of low and moderate income; and WHEREAS, the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. permits the transfer, through voluntary intermunicipal agreement, of up to flay percent (50%) of a municipality's low and moderate income housing obligation, as defined therein, to another municipality within the same region; and WHEREAS, Township wishes to transfer a portion of its low and moderate income housing obligation, as defined in the Fair Housing Act, to Borough, and is willing to contribute to the cost of constructing such housing; and WHEREAS, Borough wishes to provide additional low and moderate income housing within its boundaries and will be assisted by the financial contributions of the Township to construct and/or rehabilitate housing within this range; and WHEREAS, Township and Borough are located within the same geographic region for purposes of such transfer; and - WHEREAS, Borough has a pressing need for rehabilitation of substandard and dilapidated housing, and new construction to provide adequate housing affordable to low and moderate income households; and WHEREAS, Borough has public transportation and employment opportunities accessible to the housing which is the subject of this Agreement; and WHEREAS, Township lacks public transportation and has fewer employment opportunities than Borough; WHEREAS, the Township and Borough entered into a Memorandum of U~ '~,rstanding (attached hereto) prior to this Regional Contribution Agreement; and WHEREAS, prior to signing this agreement, the Township represents that it has obtained substantive certification, without conditions which would be detrimental to the performance of this agreement, of its housing element as provided under the Fair Housing Act. NOW, THEREFORE, in consideration for the exchange of mutual promises, and for the further consideration recited below, the Township and Borough agree as follows: ARTICLE 1. TRANSFER OF HOUSING OBLIGATION. Township will transfer to Borough 116 units of its low and moderate income housing obligation, as defined in the Fair Housing Act, and agrees to pay Borough TWENTY THOUSAND ($20,000,00) DOLLARS per unit of housing, according to the payment schedule set forth in Article 3 below, and Borough agrees to accept that obligation. Borough proposes to construct and/or rehabilitate 116 units ofhousing. One-half(I/2) ot ~_e units will be priced within the means of low income families and one-half (1/2) will be priced within the means of moderate income families, as defined in the Fair Housing Act, such housing to represent a portion of the fair housing obligation of Readington Township, which is less than fifty percent (50%) of that obligation. ARTICLE 2. BOROUGH'S RESPONSIBILITIES. Borough agrees to take all necessary steps and to act in a diligent maimer to perform in good faith all appropriate activities of a receiving municipality, pursuant to the Fair Housing Act and the rules and regulations of the Council on Affordable Housing (COAH) as promulgated in N.J.A.C. 5:93-1.1 et seq. , to include, but not limited to, the following: 2.1. Borough will develop all project plans required for approval and construction and/or rehabilitation of the housing units transferred hereunder, in accordance with the requirements of COAH. 2.2. Borough will apply to the appropriate agencies for all goverranent approvals required hereunder, whether municipal, County, or State, except that Township is responsible for fulfilling any conditions required by COAH with respect to the substantive certification of its housing element as provided under the Fair Housing Act. 2.3. Borough will apply for all financing necessary for its share of the costs of providing the housing hereunder, provided, however, that Township will remain responsible for any and all financing necessary to its contribution as set forth in this Agreement. _ 2.4. Borough will apply for appropriate grants in aid of construction which may be available from various sources. Any monies realized through such grants wilI be used to defray the Borough's cost of construction, and to minimize the price of the housing to the renters, and will not affect the amount of the Township's contribution. 2.5. When necessary, and if practical, Borough will adopt bonding ordinances and execute short term notes or other temporary financing instruments to provide for adequate cash flow during construction of the housing to be constructed hereunder. 2.6. Borough will construct, and/or rehabilitate, any new housing units to be provided und,~r this Agreement in accordance with applicable state construction standards to rent at pric~es to qualify them as Iow and moderate income units pursuant to COAH regulations. 2.7. Borough agrees that any new housing constructed and/or rehabilitated hereunder shall be rented pursuant to COAH regulations, so as to result in occupancy by persons in the targeted income groups. 2.8. Where project plans submitted hereunder provide for rehabilitation of existing substandard housing, Borough will select such housing units so as to assure compliance with applicable regulations regarding income eligibility of occupants. 2.9 The Borough shall keep an annual accounting of the monies expended during the time of the project plan and shall provide the Township with a copy of said accounting by December 31st of each year that this agreement is in effect. 2.10 The Borough shall institute affordability controls on all units rehabilitated with fro._, from this agreement pursuant to N.J.S.A. 5:43-9. ARTICLE 3. TOWNSHIP'S RESPONSIBILITIES. Township agrees to make contributions to Borough of TWENTY THOUSAND ($20,000.00) DOLLARS a unit, transferred to Borough, for a total payment of TWO MILLION THREE HUNDRED TWENTY THOUSAND AND NO/100 ($2,320,000.00) DOLLARS for 116 units. Such contributions will be made according to the schedule set forth in Article 3.1 below, which schedule has been developed and agreed upon by the parties in order to assist Borough in meeting costs' of land acquisition, development, and construction incurred prior to the comnletion of the housing planned hereunder. The payments to be made by Township, therefore, are not related directly to the completion of specific phases of development or construction. 3.1. Township's contributions for the 116 units will be made as follows: a. TWENTY PERCENT (20 %) due no later than one (1) year from the date of Readington Township's substantive certification. b. TWENTY PERCENT (20%) due no later than two (2) years from the date of Readington Township's substantive certification. c. TWENTY PERCENT (20%) due no later than three (3) years from the date of Readington Township's substantive certification. d. TWENTY PERCENT (20%) due no later than four (4) years from the date of Readington Township's substantive certification. e. TWENTY PERCENT (20%) due no later than five (5) years from the date of Readington Township's substantive certification. 3.2 Late payments hereunder shall be subject to interest calculated at the prime rate in effect on the date such payment was due, or the highest rate then in effect on any debt undertaken by Borough for development hereunder, whichever is less. 3.3 It is understood by the parties that none of the funds contributed by Township to Borough will be utilized in any fashion which would be considered a loan. The funds will be utilized to either reduce the cost of the unit, or as a grant to be used for the rehabilitation of exio*ing units or new construction. The Borough agrees to provide a certificate to the above effect when Township borrows any monies to fund the Regional Contribution Agreement. 3.4. The payments and payment schedule hereunder, are entirely the obligation of the Township regardless of whether the same are paid with Township funds or funds contributed by developers, 3.5. The contribution per unit herein is based on Borough's analysis of estimated cost elements presented to Township on May 15, 1995, and includes a payment, on a per unit basis as paid, to defray costs of administration and other expenses imposed on Borough by this undertaking, said amount being within COAH guidelines for such costs. 3.6. Township will obtain any and ali financing necessary, if same is required, to its contribution under this Agreement. ARTICLE 4. TERM OF AGREEMENT. Payments will be completed no later than fiv, _ ) years from the date of Readington Township's substantive certification. Borough will take ail necessary steps to satisfy its obligations under this Agreement within six (6) years of the date of execution. This agreement shall expire six (6) years from the date of execution of same by all parties. ARTICLE S. REPORTS. Borough will file semi-annual reports to the Council on Affordable Housing (COAH) delineating its progress in implementing this Agreement, pursuant to the requirements of N.J.A.C. 5:93-6.5(a). Borough will provide Township with copies of such reports and/or any other progress reports required by COAH at the same time it sends them to COAH. ARTICLE 6. PROJECT PLAN. The housing to be provided hereunder will be developed in accordance with the approved project plans filed with COAH. Borough retains the right to amend said project plans, if necessary, to reflect changed conditions, subject to approval by COAH and New Jersey Housing & Mortgage Finance Agency (NJHMFA). Township agrees to accept any changes agreed to by COAH and NJHMFA, provided they do not adversely affect credits to Township's fair share obligation. ARTICLE 7. CREDIT TO HOUSING ELEMENT. Borough agrees that it will not claim credit toward its own housing element as defined by the Fair Housing Act, for any low or moderate income units constructed pursuant to this Agreement, but that ail such credit shall inure to the benefit of the Township. Ail housing constructed pursuant to this Agreement will be permanently identified in the appropriate rec, _~s of Borough as having been constructed to meet the fair housing obligation of Readington Township, ARTICLE 8. STATE AGENCY ACTIONS. The parties acknowledge that the following actions by agencies of the State of New Jersey are necessary to implementation of this Agreement, and make this Agreement contingent on their successful completion. a. Approval of the Regional Contribution Agreement by the Middlesex County Planning Board. b. Project plans for housing hereunder must be submitted to and approved by NJHMFA. ARTICLE 9. USE OF SURPLUS FUNDS. The parties agree that all monies transferred hereunder shall be used to provide 116 units of affordable housing and that, to the extent such monies do not need to be expended to implement the approved project plan(s), they will be applied to produce additional low and moderate income housing units, or for a capital expenditure ancillary to production of low and moderate income housing units, shall be subject to approval of the Council on Affordable Housing. If COAH does not approve the Borough's plans and there remain additional monies, then, in that case, such monies shall be returned to Readington Township. ARTICLE 10. ADDITIONAL BOROUGH RESPONSIBILITIES. 10.1 The Borough will establish a separate interest-bearing escrow account for all momes received pursuant to the RCA. 10.2 The Borough will enter into a separate agreement with COAH that permits COAH to effectively monitor disbursements of the funds received pursuant to the RCA. 10.3 The interest generated from the RCA funds and retained by the receiving municipality may only be utilized for an eligible housing activity under COAH's rules and may not be used to exceed the 20 percent cap on administration. 10.4 Any change in the project plan subsequent to approval by HMFA must be reviewed by the executive director of HMFA when requested by COAH, for determination as to · ' ether a new feasibility analysis and approval is required. 10.5 It is agreed that the Borough's obligations pursuant to this Article are not limited to the above. The Borough agrees that it will complete the project pursuant to this Agreement in accordance with the regulations of COAH. ARTICLE 11. CORRESPONDENCE AND REPORTS. Correspondence and reports required to be sent under this agreement shall be directed to the following: Township: Vita Mekovetz, Twp. Clerk Readington Twp. Municipal Bldg. 509 Route 523 Whitehouse Station, N.J. 08889 Borough: ARTICLE 12. EFFECTIVE DATE. This Agreement shall become effective upon execution by the Township of Readington and the Borough of Carteret, said execution to take place within fifteen (15) business days after substantive certification is granted to the Township by COAH, pursuant to N.J.A.C. 5:93-6.4(d). ARTICLE 13. It is understood that Borough's obtaining of COAH approval of its project plan is of the utmost importance Township, and that Township's pa~.~ents as specified herein are of utmost importance to Borough. ARTICLE 14. This agreement has been entered into by appropriate resolutions passed by each of the governing bodies of the Township and the Borough and both Mayors are authorized to sign same. ARTICLE 15. This agreement constitutes the entire agreement between the parties; any revisions to this agreement must be made in writing and must be signed by both parties. Further, this agreement shall supersede the Memorandum of Understanding previously signed by the Borough and the Township and in the event any terms conflict, this agreement shall goyern. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. - ATTEST: BOROUGH OF CARTERET / ' - ' ' , Clerk~ - Peter J. Sica,' / Mayor ATTEST: READINGTON TOWNSHIP Vita Mekovetz, Twp. Clerk Ronald P. Monaco, Mayor ACKNOWLEDGMENTS STATE OF NEW JERSEY COUNTY OF MIDDLESEX I Certify that on , 199 personally came before me and this person acknowledged under oath, to my satisfaction, that: (a) this person is the Clerk of the Borough of Carteret, a municipal corporation and body politic, named in the attached document; (b) this person is the attesting witness to the signing of this document by the proper officer who is Peter J. Sica, the Mayor of Carteret; (c) this document was signed and delivered by the Borough as its voluntary act duly authorized by a proper resolution of its governing body; (d) this person knows the proper seal of the Borough which was affixed to this document; and (e) this person signed this proof to attest to the truth of these facts.~ff/"J-~ .-a_~., ' , Clerk ~ Sigoed and sworn~ to before me :on~.) , 199 (Notary ~Nic) (seal) PATRI~ NOTARY PUBLIC ~ ~ JERS~ My Commission E~es ~ 22,20~a Township; (c) ~h~s docume~ was s~g~ed duly amho[~zed by a propel ~eso[ufio~ o~ ks gowm~g body; (d) [~s pe~so~ ~ows [he p~oper seal of [~e ~ow~sh~p wh~c~ was affixed [o [h~s document; a~d (e) [h~s pe~so~ s~g~ed Ibis p~oof Vita Mekove~, Township Clerk Signed and sworn to before me