HomeMy Public PortalAboutr 05:377
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No.
05-377
Date of Adoption
IWc-prnher 15, 2005
AUTHORIZING THE MAYOR TO EXECUTE NJDOT APPLICATION
AND INDEMNIFICATION AGREEMENT REGARDING TRAFFIC
LIGHT
WHEREAS, the Borough of Carteret ("Borough") and the 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 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 interim improvements to be made, including creation of a
replacement grade crossing (the "Crossing") over Consolidated Rail
Corporation ("Conrail) property and installation and maintenance of a
traffic light (the "Traffic Light") at the intersection of the Crossing and
Industrial Road, in Carteret, New Jersey, at the point where a portion of
Industrial Road curves in an easterly direction and other portion of the
road runs in a southerly direction (the "Intersection"); and
WHEREAS, Borough presently has jurisdiction over Industrial Road in
Carteret, New Jersey in the location of the Intersection and as such, the
New Jersey Department of Transportation ("NJDOT") is requiring the
Borough to assume jurisdiction of the Traffic Light that the Redeveloper is
required to install at the Intersection and submit the required application
therefore;
WHEREAS, as a condition precedent to the Borough agreeing to assume
any jurisdiction for the traffic light, the Borough is requiring the
Redeveloper to insulate the Borough from any and all costs and liabilities
arising from the installation, operation and maintenance of the Traffic
Light at the intersection; and
WHEREAS, the Borough is agreeable to assuming temporary jurisdiction
of the Traffic Light and process the required NJDOT Application therefore
provide the Redeveloper enters into an Indemnification Agreement with
the Borough relating to 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:
1. 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 NJDOPT with regard to the
installation of the above-described Traffic Light, 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. ___ 05-377
PAGE 2
2. That the Mayor and appropriate Borough Officials are hereby
authorized and directed to enter into an Indemnification Agreement
with the Redeveloper with regard to the above-described Traffic
Light in a form acceptable to the Borough Attorney.
Adopted this 15th day of December, 2005
and certified as a true copy ofthe
original On December 16, 2005.
LINDA A. RIVERA
Assistant Municipal Clerk
RECORD OF COUNCIL VOTE
-- COUNCILMAN I YES NV COUNCILMAN
NO A.B. YES NO NY A.B.
BELLINO X NAPLES X
I DIAZ X RIOS X
KRUM X SITARZ X
p__--L_~_
x - IndicalC Vote AB - Absent NY - Not Voling XOR - Indil'dlt.'s Vote to Overrule Veto
¡---- ._-~._.
Adopted at a meeting of the Municipal Council
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Q¿, . CLERK
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