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Home My Public Portal Aboutr 08:121 2K.e~olutto1t ot tlf.e~Or01tg!J ot lllctrt.er.et1 ~ ~ jJ ~ No. 08-121 Date of Adoption M~y s<, 2008 RESOLUTION OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY DESIGNATING A REDEVELOPER AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE REDEVELOPMENT OF A PORTION OF THE WEST CARTERET MINUE STREET RETAIL REDEVELOPMENT AREA WHEREAS, the New Jersey Local Redevelopment and Honsing Law, NJ.S.A. 40A:12A- 1 et seq. (the ''Redevelopment Law") authodzes municipalities to determine whether certain parcels of land located therein constitute areas in need of redevelopment; and WHEREAS, on October 24, 2004 and January 27, 2005, the Borough Council adopted resolutions numbered, respectively, 04-337 and 05-47, collectively requesting that the Borough Planning Board (the "Planning Board") determine whether certain real property located within the Borough COllStih.!.tes an "area in need of redevelopment" pursuant to the Redevelopment Law; and WHEREAS, Beacon Planning and Consulting Services, L.L.C. ("BPCS") prepared a Property assessment entitled "West Carteret Minue Street Retail Redevelopment Area Assessment" dated April 2005 ("Property Assessment"), of properties commonly known as Block 50.1 Lots 1-5,7-9, 18, 19,20.01 - 20.04, 21-26, 32.01, 32.03 and Block 373, Lots 1-19 on the tax map of the Borough (collectively, the "Assessment Area"), in which BPCS concluded that the Assessment Area met the statutory requirements to be detennined to be an "area in need of redevelopment" under the Redevelopment Law; and \VHEREAS, on May 25, 2005, the Planning Board adopted a resolution of findings and conclusions, based upon the Property Assessment determining, among other things, to recommend to the Borough Council that the Assessment Area be designated an "area in need of redevelopment" by the Borough; and WHEREAS, on July 21, 2005, the Borough Council, following the recommendation ofthe Planning Board, adopted resolution number 05-227, determining that the Assessment Area constitutes an "area in need of redevelopment" under the Redevelopment Law, which area was designated the \Vest Carteret Minue Street Retail Redevelopment Area (hereinafter, the AS,sessment Area will be referred to as the "Redevelopment Area"); and WHEREAS, on August II, 2005, the Borough Council adopted resolution number 05- 244, directing BPCS to prepare a redevelopment plan for the Redevelopment Area; and WHEREAS, BPCS prepared a redevelopment plan for the Redevelopment Area, dated November 2005 (the "Redevelopment Plan"); and WHEREAS, on November 30, 2005, the Planning Board conducted a public hearing, at which it reviewed the Redevelopment Plan and considered the testimony of a representative ofBPCS; and WHEREAS, on December 21, 2005, the Planning Board adopted a resolution of finding and conclusions, determining that the Redevelopment Plan is not inconsistent with the Borough's Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the Middlesex County Master Plan or the State Development and Redevelopment Plan and endorsing and recommending final adoption ofthe Redevelopment Plan; and 13030-o3B 3494BI-2 NO. 08-121 PAGE ? WHEREAS, on January 26, 2006, the Borough Council, pursuant to Section 7 of the Redevelopment Law (NJ.S.A. 40A:12A-7) and based on the recommendation of the Planning Board, adopted ordinance number 06-02, approving and adopting the Redevelopment Plan; WHEREAS, on December 20,2007, the Borough Council directed the Planning Board to consider an amendment to the Redevelopment Plan, specifically, to add a permitted use in the Redevelopment Area for warehouse and distribution facilities with retail outlets that sell products warehoused at the facilities; and WHEREAS, BPCS prepared an amendment to the Redevelopment Plan (the "Amendment") and, on January 23,2008, presented same to the Planning Board; and WHEREAS, on January 23, 2008, the Planning Board adopted a resolution of findings and conclusions, detennining that the Amendment is not inconsistent with the Borough's Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the Middlesex County Master Plan or the State Developme~t and Redevelopment Plan, and endorsing and recommending the final adoption of the Amendment; and WHEREAS, on February 21, 2008, the Borough Council adopted ordinance number 08- 05, approving and adopting the Amendment; and WHEREAS, A.J. Richard & Sons, Inc. (the "Redeveloper") has executed agreements to purchase the parcels in the Rede\Celopment Area designated as Block 50.1, Lots 7, 8, 9 with their CUITent owner and the parcels designated as Block 50.1, Lots 21, 22, 23, 24 and 25 with their current owner, has acquired a leasehold interest in the parcels in the Redevelopment Area designated as Block 50.1, Lots 20.01, 20.02, 20.03, 20.04,26.1 and 32.03 and will acquire an access easement over Block 50.1, Lot I (collectively, the aforementioned parcels will be referred to as the ''Project Area"); and WHEREAS, the Redeveloper has expressed a desire to undertake the redevelopment of the Project Area; and WHEREAS, the Borough has determined that the Redeveloper possesses the proper qualifications, financial resources and capacity to implement and complete the redevelopment of the Project Area (the "Redevelopment Project") in accordance with the Redevelopment Plan and all other applicable laws, ordinances and regulations; and WHEREAS, the Borough believes that the Redevelopment Project will serve the best interests of the Borough, and that it promotes the health, safety, morals and welfare of the Borough's residents; and WHEREAS, iu order to set forth the terms and conditions under which the Borough and the Redeveloper shall carry out their respective obligations with respect to the construction of the Redevelopment Project, the Borough and the Redeveloper have detemlined to execute a redevelopment agreement; and WHEREAS, the Borough desires to designate the Redeveloper as the redeveloper for the Project Area and to authorize the execution of a redevelopment agreement by and between the Borough and the Redeveloper memorializing the terms and conditions under which the Parties shall carry out their obligaions with respect to the construction of the Redevelopment Project. 13030-038349481-2 NO. 08-171 PAGE 3 NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Carferet, in the County of Middlesex, New Jersey, as follows: Section!. set forth at length. The aforementioned recitals are incorporated herein as though fully Section 2. the Project Area. AJ. Richard & Sons, Inc. is hereby designated as the redeveloper of Section 3. (a) The Borough Council hereby authorizes the execution of a redevelopment agreement by and between the Borough and the Redeveloper in substantially the same fann as that on file with the Borough Clerk and which, by this reference is incorporated herein (the "Redevelopment Agreement'I). (b) The Mayor is hereby authorized to execute the Redevelopment Agreement in substantially the same form as that on file with the Borough Clerk, with such additions, deletions and modifications as may be necessary after consuitation with the Borough's professional consultants and the Redeveloper. Section 4. If any part ofthis Resolution shall be deemed invalid, such partes) shall be severed and the invalidity thereby shall not affect the remaining parts ofthis Resolution. Section 5. A copy of this Resolution shall be available for public inspection at the offices of the Borough. Section 6. This Resolution shall take effect immediately. Adopted this Sth day of May, 200S and certified as a tme copy ofthe original on May 9, 200S. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILh-.lAN YES NO NY A.B. CDUNCILJ\.IAN YES NO NV A.B. B_Eh.LINO X UOITM X COLON X ".m ~e X DIAZ X eT~.n" X X-Indicate Vote AD-Absent NV - Not Voting XOR ~ Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council -2v 8 , 200S 13030'{)38349481-2 ~ft - .~^ J. <Cv- L ~- Au c~~ ~ j---'