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No.~
D"e of Adoption D3:aril= 17, '2fJE
RESOLUTION OF THE BOROUGH OF CARTERET, IN THE COUNTY
OF MIDDLESEX AUTHORIZING EXECUTION OF AN AMENDMENT
TO REDEVELOPMENT AGREEMENT FOR THE REDEVELOPMENT
OF A PORTION OF THE COOKE AVENUE SCATTERED SITES
REDEVELOPMENT AREA AND EXECUTION OF OTHER
DOCUMENTS RELATED THERETO AND CONSISTENT THEREWITH
WHEREAS, on September 16, 2008, the B~rough of Carteret (the "Borough") entered
into an agreement (the "Redevelopment Agreemenf') with Cooke Avenue Developers, LLC
("Cooke"), pursuant to which Cooke agreed to undertake, oversee and/or manage the
construction of a Community Health and Wellness Center (the "WelIness Center") on a portion
of Ole property designated by the Borough as the Cooke A venue Scattered Sites Redevelopment
Area pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-l
et seq. (the "Redevelopment Law"); and
WHEREAS, the Borough believes that construction of the WelIness Center will serve
the best interests of the Borough, and that it will promote the health, safety, morals and welfare
of the Borough's residents; and
WHEREAS, as of the date hereof, the construction of the WelIness Center is partially
completed; and
WHEREAS, in early 2009, the Borough and Cooke commenced litigation against each
other in an effort to amend the Redevelopment Agreement to more fully describe the provision
for payment of costs related to Cooke's services in connection with the construction of the
WelIness Center; and
WHEREAS, the parties desire to resolve the litigation and amend the Redevelopment
Agreement to reduce the amount to be paid to Cooke from Three Hundred Thousand Dollars
($300,000.00) to Two Hundred Thousand Dollars ($200,000.00) for its services in connection
with the construction of the \Vellness Center; and
WHEREAS, the Borough now desires to authorize the execution of an amendment to the
Redevelopment Agreement, in substantially the same form as that on file with the Borough
Clerk, and other documents related thereto and consistent therewith, including documents
necessary to resolve the above-referenced litigation, which documents more fully describe the
provision for payment of costs related to Cooke's services in connection with the Wellness
Center.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and
Council of Borough of Carteret, in Ole County of Middlesex and the State of New Jersey, as
follows:
Section 1.
forth at length.
The aforementioned recitals are incorporated herein as though fully set
NO.
03-255
PAGE :;1
Section 2. The Borough Council hereby authorizes the Mayor to execute an
endment to the Redevelopment Agreement, in substantially the same form as those on me
with the Borough Clerk and which, by this reference are incorporated herein, and other
documents related thereto and consistent therewith, including documents necessary to resolve the
above-referenced litigation, with such additions, deletions and modifications as may be
necessary after consultation with the Borough's professional consultants, which documents more
fully describe the provision for payment of costs related to Cooke's services in connection with
the WelIness Center.
Section 3. A copy of this Resolution shall be available for public inspection at the
offices ofthe Borough.
Section 4.
This Resolution shall take effect immediately.
Section 5. Upon the adoption hereof, the Borough Clerk is directed to forward a
certified copy of this resolution to the Borough's Redevelopment Counsel, Kevin P.
McManimon, Esq., McManimon & Scotland, L.L.C., 1037 Raymond Boulevard, Suite 400,
ewark, New Jersey 01702.
M::pte:l this 17th day of Ik.srl::er, '2fJE
an:! certifiEd as a true cq:y of t:re
ori.gim1 00 Ik.srl::er 18, '2fJE.
K!illJLEEN M. EARt'<EY, M1:;
Mmicipli Clerk
COUNCILMAN
RECORD OF COUNCIL VOTE
YES NO NV A.B. COUNCn..MAN
X
YES NO NY. A.B.
.BFll.JN)
<:r:xrn
STIARZ
X. Indicate Vote AD -Absent NV - Not Voting XOR -Jndicatesyole to Overrule Veto
Adopted at a meeting of the Municipal Council
~ 17, '2fJE
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