HomeMy Public PortalAboutr 09:100
~eMIufiotr of tqe ~orougq of Olarterd, ~. W.
No. 09-100 D,t, of Adoptioo April 71, 2009
RESOLUTION OF THE BOROUGH OF CARTERET AUTHORIZING THE
ISSUAi'lCE OF A CERTIFICATE OF COMPLETION
.WHEREAS, on Febmary 6, 2004, the Borough, acting in the capacity of a
redevelopment entity pursuant to and in accordance with the Redevelopment and
Housing Law, constituting Chapter 79 of the Pamphlet Laws of 1992 of the State, and the
acts amendatory thereof and supplemental thereto (the "Redevelopment Law", as
codified in NJ.S.A. 40A: 12A-l ~ ~.), and Titan-PDC Carteret Urban Renewal, LLC, a
(the "Redeveloper"), entered into that certain redevelopment agreement, as amended and
supplemented as of August 18,2006 (the "Redevelopment Agreement"); and
.WHEREAS, the Redevelopment Agreement provides that upon completion of
the Phase I Project (as such teon is defined in the Redevelopment Agreement), the
Borough shall issue a Certificate of Completion (as such term is defined in the
Redevelopment Agreement).
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The Mayor, the Director of law and the Construction Code
Official (each an "Authorized Officer") are hereby each severally authorized and
directed, upon the satisfaction of all the legal conditions precedent, to issue a Certificate
of Completion for the Phase I Project,
II
Section 2. The Authorized Officers are each hereby further authorized to
"!",rft')JT\1 un}' act rx/;:'.::ute--or RdF,"iQvrkdee und ddiv.;:r -au:-y (l~hcl dO(;1Jm~nt, 'agreement,
l11slrument or certificate, which the - Authorized Officer deems necessary, desirable or
convenient in connection with issuance of the Certificate of Completion and the Borough
Clerk is hereby further authorized and directed to attest to such execution or
acknowledgement and to affix the seal of the Borough to any such document, agreement,
instrument or certificate,
Section 3. Upon the execution or acknowJedgment and attestation of and if
required, the placing of the seal of the Borough on any document, agreement, instrument
or certificate as contemplated by Sections I and 2 hereof, the Authorized Officer is
hereby authorized and directed to (i) deliver such fully executed or acknowledged,
attested and sealed document, instrument or certificate to the other party(s) thereto and
(ii) perform such other actions as the Authorized Officer deems necessary, desirable or
convenient in relation to the execution and delivery thereof.
NO.
09-100
PAGE 2
~ection 4.. All actions of the Authorized Officers taken prior to the date
he~eof In connectIOn with the issuance of the Certificate of Completion are hereby
ratified and approved.
Section 5. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 6. Upon the adoptiQll hereof, the Borough Clerk shall forward
certified copies ofthi3 resolution to Matthew C. Karrenberg, Esq., DeCotiis, FitzPatrick,
Cole & Wisler, LLP, Special Redevelopment Counsel to the Borough.
Adopted this 23rd of Apri~ 2009
and certified as a true copy of
the original on April 24,2009.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
COUNCILMAN YES NO NV A.B. COUNCILl\'lAN VES NO NV A.B.
-B X KRUM x
.-COLON x NAPLES x
DlAZ x SITARZ X
X-IndicaleVote AB-Absent NV - Not Voting XOR ~ Indicates Vote to Overrule Veto _
Adopted at a meeting of {he Municipal Council il 23 2~
-e:e c _..c
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RECORD OF COUNCIL VOTE
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