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HomeMy Public PortalAboutr 08:173 ~e~oluth1lt of tlre ~ornufl~ of QInderd, ~ + 3J + No. 08- 173 Date of Adoption Tyl)' 24, 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 FEDERAL BOULEVARD REDEVELOPMENT AREA WHEREAS, the New Jersey Local Redevelopment and Honsing Law, NJ.S.A. 40A:12A-l et seq. (the "Redevelopment Law") authorizes municipalities to determine whether ce1}:ain parcels of land located therein constitute areas in need of redevelopment; and WHEREAS, on March 2, 2006, the Borough Council (the "Borough Council") of the Borough of Carteret (the "Borough") adopted resolution number 06-95, requesting that the Borough Planning Board (the ''Planning Board") determine whether certain real property located within the Borough constitutes an "area in need of redevelopment" pursuant to the Redevelopment Law; and WHEREAS, Beacon Planning and Consulting Services, L.L.C. (''EPCS'') prepared a Property assessment entitled "Federal Boulevard Area Assessment Phase IT' 'dated April 2006 ("Property Assessment"), of properties commonly known as Block 64.02, Lots 1 and 7 on the tax map of the Borough (the "Assessment Area"), in which BPCS concluded that the Assessment Area met the statutory requirements to be determined to be an "area in need of redevelopment" .under the Redevelopment Law; and . WHEREAS, on June 28, 2006, the Plauning 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 designaiOd. an "area in need of redevelopment" by the Borough; and WHEREAS, on July 20, 2006, the Borough Council, following the recommendation of the Plamrlng Board, adopted resolution number 06-212, determining that the Assessment Area constitutes an "area in need of redevelopment" under the Redevelopment Law, which area was designated the Federal Boulevard Redevelopment Area, Phase II (hereinafter, the Assessment Area will be referred to as the "Redevelopll;1ent Area"); and . WHEREAS, BPCS prepared a redevelopment plan for the Federal Boulevard Redevelopment Area, entitled "Pederal Boulevard Redevelopment Plan" and dated September 11, 2006 (the "Redevelopment Plan"); and WHEREAS, on October 25, 2006, the Planning Board adopted a resolution of findings and conclusions, determining that the Redevelopment.Plan is consistent 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 'VHEREAS, on October 26, 2006, the Borough Council, pursuant to Section 7 ofthe Redevelopment Law (NJ.S.A. 40A:12A-7) and based on the recommendation of the Planning Board, adopted ordinance number 06-54, approving and adopting the Redevelopment Plan for the Redevelopment Area; and 13030..050349482-1 No08-173 PAGE ? WHEREAS, [PRISM ENTITY] (the "Redeveloper") has been engaged in . negotiations with BASF Corporation (''BASP''), the current owner of Block 64.02 Lot I (the "Project Area"), in anticipation of the Redeveloper's purchase of the Project Area from BASF; and WHEREAS, the Redeveloper has expressed a desire to undertake the redevelopment of the Project Area in accordance with the Redevelopment Law and the Redevelopment Plan; 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 Redevelopment Area (the "Redevelopment Project") in accordance with the Redevelopment Plan, and all other applicable laws, ordinances and regulations; and WHEREAS, the Borough believes 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 'VHEREAS, in order to set forth the terms and conditions under which the Borough and the Redeveloper sh!lll carry out their respective obligations with respect to the construction of the Redevelopment Project, the Borough and the Redeveloper have determined 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 memorializing the terms and conditions under which the Borough and the Redeveloper shall carry out their obligations with respect to the construction of the Redevelopment Project. NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Carteret, in the County of Middlesex, New Jersey, as follows: Sectionl. The aforementioned recitals are incorporated herein as though fully set forth at length. [PRISM ENTITY] is hereby designated as redeveloper of the (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 consultation with the Borough's professional consultants and the Borough Clerk is hereby directed. to attest to the Mayor's execution of such agreement to affix the Borough Seal thereto. Section 4. If any part of this Resolution shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Resolution. ~ - 13030-050349482.1 No.08-173 PAGE 3 Section 5. A copy of this Resolution shall be available for public inspection at the offices ofthe Borough. Section 6. This Resolution shall take effect immediately and shall be in effect so long as the Borough and the Redeveloper execute the Redevelopment Agreement within fourteen (14) days of the date of adoption hereof. Adopted this 251h day of July, 2008 And certified as a tme copy ofthe Original on July 26,2008. LINDA A. RNERA, Assistant Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. 1 D"'fTTNt'I X KRUN X mTrw X 2 NAPLES X nT.7 x. SITARZ X X-JndkateVole An-Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council _ . Tulv 24. 2008 13030-050349482-1 (C5(~ O/:.s;. Asst. Clerk