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HomeMy Public PortalAboutr 05:376 2RtZúIuthut úf tqt ~útúug4 úf Q1ndttd, ~ ~ W ~ 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 -. I ~~ 0 ~ CLERK RECORD OF COUNCIL VOTE a.-z.