HomeMy Public PortalAboutr 05:376
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No.
05-376
Date of Adoption
D<'<'''mbP-," 15, 2005
AUTHORIZING THE MAYOR TO EXECUTE CONRAIL
AGREEMENT/APPLICATION AND COUNTY AGREEMENT REGARDING THE
INST ALLA TION OF A SEWER LINE FOR THE LANDFILL REDEVELOPMENT
PROJECT AND FUTHER AUTHORIZING A PRN A TE SEWER LINE AND
INDEMNIFICATION AGREEMENT WITH THE REDEVELOPER FOR THE SAME
WHEREAS, the Borough of Carteret ("Borough") and the designated Redeveloper of
Phase I of the Landfill Reclamation Improvement District ("Redeveloper") entered into a
Redevelopment Agreement, dated February 4, 2004 (the "Redevelopment Agreement"),
which addresses the redevelopment of a portion of the Landfill Reclamation
Improvement District consisting of certain real property in the Borough as set forth in
Ordinance 95-40 and Ordinance 96-14 adopted by the Borough; and
WHEREAS, a portion of the redevelopment involves Redeveloper causing certain
improvements to be made, including the installation of a private sewer line ("Sewer
Line") under a replacement grade crossing (the "Crossing") over Consolidated Rail
Corporation ("Conrail") property and within the Roosevelt Avenue right-of-way, which
is owned by the County of Middlesex ("County'); and
WHEREAS, Conrail and the County are requiring that the Borough assume jurisdiction
of that portion of the sewer line traversing their respective properties; and
WHEREAS, the Borough is willing to assume jurisdiction of only those portions of the
sewer line that crosses beneath Conrail's and the County's property, respectively,
provided that the Redeveloper insulates the Borough from any and all costs and liabilities
arising from the installation, operation and maintenance of the identified portions of the
Sewer Line and enters into an acceptable Indemnification Agreement regarding the same.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Carteret, County of Middlesex, and State. of New Jersey as follows:
I. That the Mayor and appropriate Borough Officials are hereby authorized
to enter into any agreements and execute all applications and documents
that may be required by Conrail for the installation of that portion of the
above described Sewer Line that is to be constructed under Conrail's
property, all in a form and substance that are acceptable to the Borough
Attorney, and subject to a satisfactory Indemnification Agreement with the
Redeveloper with regard to the same.
2. That the Mayor and appropriate Borough Officials are hereby authorized
to enter into any agreements and execute all documents/applications that
may be require by the County for the installation of that portion of the
above-described Sewer Line that is to be constructed within the County
right-of-way, all in a form and substance that are acceptable to the
Borough Attorney, and subject to a satisfactory Indemnification
Agreement with the Redeveloper with regard to the same.
NO.
I
05-376
PAGE 2
3. That the Mayor and appropriate Borough Officials are hereby authorized
and directed to enter into a Private Sewer Line and Indemnification
Agreement with the Redeveloper with regard to the above-described
Sewer Line in a form acceptable to the Borough Attorney.
Adopted this 15th day of December, 2005
and certified as a true copy of the
original on December 16, 2005.
LINDA A. RNERA
Assistant Municipal Clerk
~. COUNCILMAN I YES NO NV A.B. COUNCILMAN YES NO NY A.B.
BELLINO X NAPLES X
DIAZ X RIDS X
KRu;M X SIT A RZ X
- -- I '-----.
x - Indicatc Vote AS - Absent NV - Not Voting XOR - Indic<ilt.'s Vote to Overrule Veto
. "----..--
Adopted at a meeting of the Municipal Council December 15. 2005
-.
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CLERK
RECORD OF COUNCIL VOTE
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