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HomeMy Public PortalAboutr 09:255 ~rznlutin.tt nf tqr ~nrnugq nf QInrfrrd, ~ ~ '3J ~ 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 \d'Z/~{~' ..' """_u1 ~O-.