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Home My Public Portal Aboutr 07:211 2Re~obrliOtt of tire ~DXDttgIr of C!Lcrrtcrd) ;tL ]. No. 07-211 Dak of Adnrlion AUl?lL''It 9. 2007 RESOLUTION AUTHORIZING THE MAYORAND/OR LAW DIRECTOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY IN CONNECTION WITH THE BOROUGH OF CARTERET REDEVELOPMENT PROJECT PLAN WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8A-I et seg., encourages govemmental entities to enter into contracts for the joillt provision of services in order to effectuate economies in govenunent costs to reduce property taxes and provides legal authOlity and procedures to effectuate such agreements; and WHEREAS, the Middlesex County Improvement Authority (the "Authorirty") and the Borough of C31ieret (the "Borough") are desirous of entering into such an Interlocal Services Agreement pursuant to which the Authority will assist the Borough with the pImming, replanning, constmction or undertaking of cel1ain Redevelopment Work, particularly related to addressing potential environmental conditions, within the designated Redevelopment Area(s), as further authorized by law; and \VHEREAS, tlus Agreement will effectuate economy by coordinating said Redevelopment Work and said services will be provided by the Authority without cost to the Borough; and \VHEREAS, in accord with N.J.S.A. 40:8A-4, said proposed contract is available and open to public inspection at the Office of the Carteret Municipal Clerk, Carteret Munic.jpal Building, 61 Cooke Avenue, Carteret, New Jersey, between the hours of 8:00 a.m. and 4:00 1'.111. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough ofCarteret as follows: 1. That the Mayor and/or Law Director and Borough Clerk are hereby authorized to execute the proposed Interlocal Services Agreement with the Middlesex County Improvement Authority for the provision of certain Redevelopment Work as detailed in said Agreement, a copy of which is attached hereto and mad a part hereof, and in a fOTIn acceptable to the Borough Attamey. 2. That a certified copy of tlus Resolution with original signatures and the Borough Seal, along with tlu'ee executed copies of the aforementioned Interlocal Services Agreement, be forwarded to the Middlesex County Improvement Authority. Adopted this 10th day of August, 2007 and. certified ~s a true copy of the original on August 11, 2007. COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. .-- ~~.'-~ v v ~I------ Mon X RIOS ~~ v - ~,~ v ~=on v - X-Indicate Vote AB. Absent NV.Not VOIlng XOR -Jncllclllcs VIHe hl O\'crru~~clll ___ Adopted at a meeting of tho Mllnicipnl Council ~''8''.t 9 .:}J"fJ7 Ot~-,~ LINDA A. RIVERA Asst. Municipal Clerk RECORD OF COUNCIL VOTE ta.or.oug4 .of @art.erd <<~;:~ "!i~~ IELl. REIMAN, MAYOR I \ .. . I \,!;\->:_:fI~~~i?f_io/!ther to Iwi[J a hetter Carteret "~-~-::~j)I\ S~;~_\-'/ DEPARTMENT OF LAw & ADMINISTRATION ROBERT J. BERGEN, ESQ. LAw DIRECTOR MEMORANDUM TO: DARIA VENEZIA VENEZIA AND NOLAN 306 MAIN STREET WOODBRIDGE, NJ 07095 . FROM: ROBERT J. BERGEN, ESQ. LAW DIRECTOR BOROUGH OF CARTERET DATE: AUGUST 13,2007 Enclosed please find four (4) original Interlocal Agreements between the Borough of Carteret and MCIA. Please return a fully executed copy of the agreement for my office files. I am also enclosing a certified copy of Resolution #07-211 which was. adopted by the Mayor and Council of the Borough ofCarteret on August 9, 2007. THANK YOU. %~~. BA~ ROBERT J. BERGEN, ESQ. RJB/cp cc: File Memorial Municipal Building . 61 Cooke Avenue . Carteret, New Jersey 07008 Tel: 732-541-3804 . Fax: 732-541-4989 . Emall: bergenr@carteret.net Vv\vw.carteret.net INTERLOCAL SERVICES AGREEMENT BY AND BETIVEEN BOROUGH OF CARTERET AND THE iYllDDLESEX COUNTY IlYIPROVElYIENT AUTHORITY IN CONNECTION WTI1I ASSISTANCE BY THE lYilDDLESEX COUNTY IlYIPROVElYIENT AUTHORITY IN CONNECTION 'iVITH DIE BOROUGH OF CARTERET REDEVELOPlYIENT PROJECT PLAN TIllS INTERLOCAL SERVICES AGREEi\'IENT, made this 13fh day of August, 2007 (the "Agreement") by and between the BOROUGH OF CARTERET (the "Borough"), and THE lYllDDLESEX COUNTY IlYIPROVElYIENT AUTHORITY (the "Authority"), a public body corporate and politic of the State of New Jersey. WITNE SSE TH: WHEREAS, the Borough has properly adopted a redevelopment plan (the "Plan") by the Borough Council for the redevelopment of approximately 2.5 acres of land located in the Borough of Carteret (hereinafter the "Redevelopment Area"); and \VHEREAS, the Borough has previously determined the Redevelopment Area was in need of redevelopment; and \VHEREAS, the Borough would like to proceed with the planning, replanning, construction and undertaking of redevelopment (the "Redevelopment Work") of the Redevelopment Area; and WHEREAS, pursuant to NJ.S.A. 40:37A-54Q), the Authority may plan, initiate and carry out redevelopment projecis for the prevention of the development or spread of blighted, deteriorated or deteriorating areas; and WHEREAS, the Local Redevelopment and Housing Law authorizes the Borough to contract with the Authority for the planning, replanning, construction or undertaking of redevelopment work in a redevelopment area; and \VHEREAS, the Authority is empowered by the County Improvement Authorities Law to enter into any and all agreements or contracts and do and perform all acts and things which are necessary, convenient or desirable to carry out the purposes of the Authority; and WHEREAS, the Authority is desirous of assisting the Borough in the redevelopment of the Redevelopment Area; and \YHEREAS, the Borough and the Authority have each duly authorized the entering into of this Agreement. NOW, THEREFORE, the parties hereto, in consideration of good and mutual covenants, the sufficiency of which is hereby acknowledged, do hereby agree as follows: ARTICLE I TER1\iI AND SCOPE Section 1.01 Term. The term of this Agreement shall commence on the date of execution hereof and shall continue for a period oHour (4) years thereafter. Section 1.02 Scope of Redevelopment Work. The Authority may assist the Borough (when requested by the Borough) with the Redevelopment Work. The services may be provided by the Authority without cost to the Borough. Notwithstanding the foregoing, however, the Authority shall not be precluded from and the Borough shall seek to recover the Authority's costs and expenses from any project financing, redeveloper or any other source of funding available for such purpose. The Authority may provide the following Redevelopment Work: redevelopment planning and technical advice, evaluation of sites for potential environmental assessment, conducting environmental assessments, assistance with redevelopment project planning and management as requested, preparation of funding applications for redevelopment projects as requested, and secure project resources, if requested. 2 The Authority may provide redevelopment planning and technical advice, assistance with redevelopment project planning and management as requested and preparation of funding applications for redevelopment projects, as requested. For these services, the Authority will provide its own administrative staff and will request recovery of costs if a project financing occurs, if a redeveloper is selected or if other sources of funding are available. The Authority will not be required to expend funds or hire consultants or contractors unless there is a source for funding for the payment of these expenditures. The Borough shall have the following obligations and shall be required to perform the following: . Devise redevelopment project concepts; . Communicate changes in redevelopment project concepts or responsibilities; . Complete formal aspects offunding applications; . Secure timely site access for environmental investigations; · Seek recovery of Authority's costs and expenses. Section 1.03 The Borough shall be responsible for disclosing the authority granted to the Authority hereunder and shall take such actions as are necessary to empower the Authority to act on the Borough's behalf in performing the Redevelopment Work. Section 1.04 The Borough shall hold harmless, defend and indemnify the Authority for any loss, damage, or claim incurred by the Authority or asserted against the Authority resulting from the performance of the Redevelopment Work by the Authority, except when any such 10s8, damage or claim arises from the gross negligence of the Authority. 3 ARTICLE II AFFlThvIATIVE ACTION STATEMENT Section 2.01 The Borough and the Authority agree to comply with the applicable provisions of the Affirmative Action requirements ofNJ.S.A. 10:5-31 et seq. and the regulations promulgated pursuant thereto, N.J.A.C. 17:27. ARTICLE ill TERMINATION Section 3.01 This Agreement can be terminated by either party without cause, upon sixty (60) days written notice. In the case of the Authority, such notice shall be forwarded to Richard Pucci, Executive Director ofthe Middlesex County Improvement Authority; and in the case of the Borough, notice shall be forwarded to Kathleen M. Barney, Municipal Clerk, Borough of Carteret, with a copy thereof to Robert 1. Bergen Law Director, Borough of Carteret. ARTICLE IV MfSCELLANEOUS Section 4.01 Modifications The provisions of this Agreement shall (a) constitute the entire agreement between the parties for or with respect to the matters described herein, and (b) be modified, unless provided herein to the contrary, only by written agreement duly executed by both parties. Section 4.02 Headlines Captions and headings in this Agreement are for ease of reference only and do not constitute part ofthis Agreement. Section 4.03 Governing Law This Agreement and any questions concerning its validity, constmction or performance shall be governed by the laws of the State of New Jersey, 4 irrespective of the place of execution or the order in which the signatures of the parties are affixed or of the place or places of perfonnance. Section 4.04 Severability In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or to such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise affected by such action, remain in full force and effect. Section 4.05 Execution of Counterpmis This Agreement may be executed in any number of counterparts, each of which shall be executed by the Borough and the Authority and all of which shall be regarded as one original and shall constitute and be but one and the same. Section 4.06 Representation The Borough represents that it has adopted the Redevelopment Plan for the Redevelopment Area. IN WITNESS WHEREOF, the Borough aud the Authority have caused their respective corporate seals to be hereunto affixed hereto and attested and this Agreement to be signed by their respective officers duly authorized and this Agreement to be dated as of the day and year first above written. The remainder of this page left intentionaIlv blank. 5 AlTEST: QM%J1~~ e '1!Zt! AlTEST: r nterlocalborou ghcarteret 05/15/07 BOROUGHOFCARTERET rJ2---/ .. v - By: IVIlDDLESEX COUNTY IiVIPROVEIVIENT AUTIIORITY By: 6