HomeMy Public PortalAboutr 10-132
~ezolution of tqe ~oraugq of QIctderd, ~~ 3J~
No.1o-n?
STATE OF NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GREEN ACRES ENABLING RESOLUTION
Date of Adoption JlJf'e 17. 2.010
\VHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program
("Statell), provides loans and/or grants to municipal and county governments and grants to
nonprofit organizations for assistance in the acquisition and development of lands for outdoor
recreation and conservation purposes; and
WHEREAS, the Borough of Carteret desires to further the public interest by obtaining funding in
the amount of $240,000.00 from the State to fund the following project(s): rehabilitation of two
heaviiy used parks; Carteret A venue and Cypress and Louis Streets; and Little Park located
between Fillmore A venue and Ash Street, at a cost of $480,000.00;
NOW, THEREFORE, tlle governing bodylboard resolves that Daniel J. Reiman or the successor
to the office of Mayor is hereby authorized to:
a) make application for such a loan andlor such a grant,
b) provide additional application information and furnish such documents as may be
required, and
c) act as the authorized correspondent of the above named applicant; and
WHEREAS, the State shall determine if the application is complete and in conformance with the
scope and intent of the Green Acres Program, and notify the applicant of the amount of the
funding award; and
WHEREAS, the applicant is willing to use the State's funds in accordance with such rules,
regulations and applicable statutes, and is willing to enter into an agreement with the State for
the above named project;
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE Mayor and Council of the
Borough of Carteret as follows:
l. That the Mayor of the above named body or board is hereby authorized to execute
an agreement and any amendment thereto with the State known as :Multi-Parks
Improvements 3;
2. That the applicant has its matching share of the project, if a match is required, in the
amount of $480,000.00;
3. That, in the event the State's funds are less than the total project cost specified I
above, the applicant has the balance of funding necessary to complete the project;
4. That the applicant agrees to comply with all applicable federal, state, and local
laws, rules, and regulations in its perfonnance of the project; and
5. That this resolution shall take effect immediately.
Adopted this 17'" day of June, 20 I 0
and certified as a true copy of the
original on June 18, 2010.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES NO NY A.B.
X
X
COUNCILMAN
BELLINO
KRUN
YES NO NV A.B.
X
X
X
SITARZ
X
X -Indicate Vote AB ~ Absent NY - Not Voting XOR .lndkales Vote 10 Overrule Veto
Adopted at a meeting of the Municipal Council
Green Acres Program
Department of Environmental Protection
(609) 984-0570
GREEN ACRES PROJECT AGREEMENT
BETWEEN
THE STATE OF NEW JERSEY
BY THE DEPARTNIENT OF ENVIRONMENTAL PROTECTION
r/ Green Acres Copy
Local Govemment Unit Copy
2/9/2010
AND
BOROUGH OF CARTERET
MIDDLESEX COUNTY
File No. 1201-08-038
Dated:
THE STATE OF NEW JERSEY
BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
GREEN ACRES PROGRAM
GREEN ACRES PROJECT AGREEMENT
BETWEEN Carteret Borough
Middlesex County
having its office at 61 Cooke Avenue
Carteret, New Jersey 07008
hereinafter "Local Government Unit", and the State of New Jersey by the Department of Enyironmental
Protection, Green Acres Program, P. O. Box 412, Trenton, New Jersey 08625-0412, hereinafter "State",
WITNESSETH:
WHEREAS, Local Government Unit has submitted an application to the State for financial assistance
under the Green Acres Program; and
WHEREAS, Local Government Unit has agreed to hold and use the premises hereinafter described in
accordance with the rules adopted by the State Q'::!J.A.C. 7:36-1 et ~.); and
WHEREAS, the State has reviewed said application and has found it to be in conformance with the scope
and intent of the Green Acres Program and has approved Local Govemment Unit's request for funding;
NOW, THEREFORE, in consideration of the award of funding, and in accordance with the application
heretofore filed, the State and Local Government Unit agree to perform in accordance with the provisions, terms
and conditions set forth in this Project Agreement.
PROJECT PERIOD
The project period shall begin on the earliest of the following dates: (1) The date of the letter from the State
notifying the Local Government Unit of the amount of the Green Acres funding award; (2) The date of the at-
riSk authorization provided by the Green Acres Program under NJ.A.C. 7:36-3 or N.J.A.C 7:36-12.3; or (3)
The date on which the Local Government Unit first inculTed allowable project costs under NJ.A.C. 7:36-4.10
or NJ.A.C. 7:36-10.6; and shall terminate two years from the date this Project Agreement is executed by the
last required signatory for the State (unless extended under NJ.A.C. 7:36-9. I (h) or N.J.A.C. 7:36-14.1(h)).
APPROVED PROJECT DESCRIPTION
LOCAL GOVERNMENT UNIT: Carteret Borough
PROJECT NUMBER: 1201-08-038
TYPE OF PROJECT:
Acquisition
X Development
PROJECT TITLE:
Multi-Parks Improvements 3
APPROVED PROJECT SCOPE:
Carteret Borough seeks funding to rehabilitate two heavily used parks: Carteret Park, located between Carteret
Avenue and Cypress and Louis Streets; and Little Park (a.k.a. Ash St. Park), located between Fillmore Avenue
and Ash Street. At Carteret P ark, proposed improvements include a new stamped concrete walkway with
lighting, benches, landscaping and rehabilitation of the baseball field at Sullivan Field. At Little Park, the
Borough proposes to remove the existing paved area and replace it with sod, relocate existing tot lot and install
fibar safety surfacing, new playground equipment, benches, fencing, concrete sidewalk throughout the park and
landscaping.
PROJECT LOCATION (a lot and block description of the premises to be acquired or developed):
Block 183, Lot 24: Carteret Avenue & Cypress Street
Block 279, Lot I: Arthur & Ash Streets
ALLOCATION OF PROJECT COST:
Funds directly from Local Government Unit
$0
Donation through Local Government Unit
$0
LOCAL SHARE
$0
State Loan
$240,000
$240,000
State Grant
STATE SHARE
$480,000
$0
OTHER SHARE
ESTIMA TED TOTAL COST FOR APPROVED PROJECT
$480,000
2
GENERAL PROVISIONS
I. GREEN ACRES LAWS INCORPORATED BY REFERENCE
The Green Acres laws are hereby incorpofated into this agreement by reference, as if set forth herein in
their entirety. The "Green Acres laws" means all Green Acres Bond Acls (p.L. 1961, c.46; P.L. 1971,
c.165; P.L. 1974, c.l02; P.L. 1978, c.1l8; P.L. 1983, c.354; P.L. 1987, c.265; P.L. 1989, c.183; P.L.
1992, c.88; P.L. 1995, c.204; P.L. 2007, c. 119; P.L. 2009, c. 117; and any State general obligation
bond act that may be approved after the date of enactment of this act for the purpose of providing
funding for the acquisition or development of lands for recreation and conservation purposes);
the Green Acres statutes (tl.J.S.A. 13:8A-1 et seq., 13:8A-19 et seq., and 13:8A-35 et seq.); the Garden
State Preservation Trust Act (P.L. 1999, c.152, codified at NJ.S.A. 13:8C~1 et seq.); and the Green Acres
rules (tlJ.A.C. 7:36-1 et~.)
2. PROJECT ADMINISTRATION
a) Local Goyernment Unit agrees to provide all funds in excess of the State share necessary for completion
of the Approved Project and to complete the Approved Project in accordance with this Project
Agreement.
b) Local Government Unit shall submit all development plans to the State for review and approyal prior to
advertisement for bids.
c) Local Government Unit shall award contracts and subcontracts for the Approved Project free from
bribery, graft and other corrupt practices. Local Government Unit shall bear the primary responsibility for
the prevention, detection and cooperation in the prosecution of any such conduct. Local Government Unit
shall pursue available judicial and administrative remedies, and take appropriate remedial action with
respect to any allegations or eyidence of such illegality or corrupt practices. Local Government Unit shall
notify the State immediately after such allegation or evidence comes to its attention, and shall
periodically advise the State of the status and ultimate disposition of any such matter.
d) Local Government Unit shall award all project contracts in accordance with the Local Public Contracts
Law, NJ.S.A. 40A:11-1 !tl ~., and the rules and regulations adopted pursuant thereto, NJ.A.C. 5:34-1
!tl~.
e) Local Government Unit agrees that it will not enter into a contract for work on the Approved Project with
any person debarred, suspended, or disqualified from State contracting pursuant to NJ.A.C. 7: 1-5.1 !tl
~.
Local Government Unit shall insert in every construction contract for work on the approved project a
clause stating that the contractor may be debarred, suspended or disqualified from contracting with the
State if the contractor commits any of the acts listed in N.J.A.C. 7: 1-5.2.
f) Local Government Unit, its contractors and subcontractors shall comply with Title VI of the Civil Rights
Act of 1964, as amended (42 U.S.C. 2000d-2000d-4); the discrimination and affirmative action
provisions of N.J.S.A. 10:2-1 through 10:2-4; the New Jersey Law Against Discrimination, N.1.S.A.
10:5-1 !tl ~.; and the rules and regulations promulgated pursuant thereto.
g) Local Government Unit, its contractors and subcontractors shall comply with the provisions of N.J.S.A.
52:32-4 !tl ~., and the rules and regulations promulgated pursuant thereto, as well as the provisions set
forth in the Unifonn Construction Code at N.J.A.C. 5:23-7.1 et ~., regarding facilities for the
handicapped.
3
h) Local Government Unit shall construct a sign designed to State specifications, which shall be erected and
maintained by Local Government Unit during construction of the Approved Project. Upon completion of
the Approved Project, the State will provide a permanent sign, which shall be erected and maintained by
Local Government Unit in a publicly visible location at the Approved Project site.
i) Local Government Unit shall maintain and preserve all lands and improvements described herein or any
other property subject to Green Acres laws and provide such police protection as may be required.
j) The Local Government Unit, its employees, its subcontractors, and its subcontractors' employees shall not
engage in any conduct which could be considered a conflict of interest under the New Jersey Conflicts of
Interest Law, NJ.S.A. 52:I3D-12 ~~.
k) For an acquisition project, within six months of acquiring the project site, the Local Government Unit
shall inspect the project site for the presence of structures that are 01' may be historic properties. An
"historic property" means any area, building, facility, property, site, 01' structure approved for inclusion,'
01' that meets the criteria for inclusion, in the New Jersey Register of Historic Places pursuant N.J.S.A.
13:IB-15.128 et seq. Within 60 days of such inspection, the Local Government Unit must provide
written documentation pursuant to N.J.A.C. 7:36-4.4(b).
3. DISBURSEMENTS
a) Acquisition project costs allowable for funding may include real estate appraisals, preliminary
assessments, land surveys, relocation payments, eligible land costs, building demolition costs, and such
incidental costs as provided for under NJ.A.C. 7:36-4.10.
b) Development project costs allowable for funding may include preliminmy planning and engineering;
engineering plans and specifications; supervision and inspection; construction costs; pennit fees;
equipment required to make a facility operational; incidental costs as provided for under NJAC. 7:36-
10.6, such as legal and advertising fees; and ancillary improvements as further described in the Approved
Project Scope.
c) State funds may be disbursed to the Local Government Unit in amounts required to pay for incurred 01'
anticipated allowable project costs. Local Government Unit shall provide cost documentation satisfactory
to the State certifying that the allowable project costs have or will be incurred. .
d) In those instances where Green Acres Program funding is greater than actual allowable expenditures
incurred by the Local Government Unit, the funding amount will be administratively adjusted by the
State to reflect actual allowable expenditures.
4. FINANCIAL RECORDS AND AUDITING REQUIREMENTS
a) All financial records of Local Government Unit, its contractors and subcontractors shall conform to
generally accepted accounting principles.
b) Local Government Unit, its contractors and subcontractors shall provide State personnel and its
authorized representatives with reasonable access to all facilities and premises, and shall provide access
to all records, books, documents and papers pertaining to this Agreement and/or the Approved Project for
audit, examination, and copying purposes. Such access shall apply during the perfonnance of the
Approved Project and for three years after the later of either final payment 01' audit resolution. Local
Government Unit shall cite this provision in all project-related contracts.
4
c) Local Government Unit shall conduct annual audits in confonnance with the Single Audit Act, Federal
OMB Circular A-133: "Audits of States, Local Governments, and Non-Profit Organizations", and State
OlVIB Circular 04-04-0MB: "Single Audit Policv for Recipients of Federal Grants, State Grants, and
State Aid".
d) Local Government Unit's account or final payment will be adjusted, if necessary, upon the State's review
of the annual audit reports.
5. LAND USE RESTRICTIONS
a) A Local Government Unit that receives Green Acres funding shall not convey, dispose of, or divert to a
use for other than recreation and conservation purposes any lands held by the Local Government Unit for
those purposes at the time of receipt of Green Acres funding unless the Local Government Unit obtains
prior approval from the Commissioner and the State House Commission. (See NJ.A.C. 7:36-26; N.J.S.A.
13:8A-47(b); and NJ.S.A. 52:20-1.) "Time of receipt of Green Acres funding" means, for a development
project, the period from the earlier ofthe dates listed at I and 2 below until the date of the first transmittal
of Green Acres funding. For an acquisition project, this tenn shall mean the period from the earlier of the
dates listed at 1 and 2 below until the date of the first transmittal of Green Acres funding for each parcel
acquired as part of the project: .
1. The date of the letter from the Depattment notifying the Local Government Unit of the amount of the
Green Acres funding award; or
2. The date of the at-risk authorization provided by Green Acres under NJ.A.C. 7:36-6.3 or NJ.A.C.
7:36-12.3.
b) The Local Government Unit agrees to execute and record a separate Declaration, which shall inventory
and encumber all lands that it holds for recreation and conservation purposes. Such Declaration shall be
prepared by the Local Government Unit on forms provided by the Green Acres Program, and shall
incorporate by reference this Project Agreement, Green Acres laws, and N.J.S.A. 13:8A-l et ~., and
shall contain all other information required by the Green Acres Program. It is to be recorded for the
purpose of providing constructive notice of pertinent land use restrictions. Omission of lands from this
instrument or the failure of the instmment to provide actual or constructive notice shall not in any way
relieve affected lands from such use restrictions.
c) For each parcel of land to be acquired under this Project Agreement, the Local Government Unit shall
record a deed containing the following clause:
"The lands being conveyed herein are being purchased with Green Acres funding and are subject
to Green Acres restrictions as provided at N,J,S,A, 13:8C-l et seq, and N,J,A.C. 7:36-1 et. seq., as
may be amended and supplemented, and the grantee herein agrees to accept these lands with the
Green Acres restrictions, including restrictions against disposal or diversion to a use for other than
recreation and conservation purposes,"
6. INDEMNIFICATION
The Local Government Unit assumes all risk and responsibility for, and hereby agrees to indemnify, defend and
save harmless the State of New Jersey, and its agents, officials, and employees from and against any and all
damages, claims, demands, liability, judgements, losses, expenses, or costs arising or claimed to arise from, or in
connection with this Agreemenl, the project, the ownership of the project site, or resulting from acts or omissions
of the Local Government Unit, its employees, agents, contractors or subcontractors. The Local Government Unit
5
shall also, at its own expense, appear, defend and pay all reasonable charges for attorney's fees and all reasonable
costs and other expenses arising from and incurred in connection with such claims. The Local Government Unit
shall immediately notifY the State of any damage or claim for which it or the State might be liable pursuant to this
Agreement. Local Government Unit's liability shall be limited to acts or occurrences arising during its period of
ownership or olher rights in the property. However, its duty to indemnifY for such acts and omissions shall
continue after the termination or expiration of this Agreement, and shall survive transfer of title.
This duty to indemnifY shall continue in full force and effect after the termination or expiration of this Agreement.
Local Government Unit shall include, or cause to be included a provision in all contracts executed for the purpose
of carrying out the approved project, a requirement that the contractors and subcontractors provide the State with
indemnification protection at least as broad as set forth in this section.
7. REMEDIES
a) In addition to any other rights or remedies available to the State under law, if the Local Government Unit
does not comply with any of the requirements of this Project Agreement, or the Green Acres laws, or if
the Local Government Unit makes any material misrepresentation in the project application and/or the
documentation submitted in support of the project application, the State may take any of the following
actions as set forth in NJ.A.C. 7:36-9.1 or NJ.A.C. 7:36-14.1:
I. Issue a written notice of noncompliance directing the Local Government Unit to take and complete
corrective action within 30 days of receipt of the notice. If the Local Government Unit does not take
corrective action, or if the corrective action taken is not adequate in the judgment of the State, then
the State may take any of the actions described at 2 through 4 and (b) below;
2. Withhold a matching grant or loan disbursement or portion thereof;
3. Terminate the project agreement; and/or
4. Demand immediate repayment of all Green Acres funding that the Local Government Unit has
received. .
(b) If the Local Government Unit fails to comply with any of the terms of the Project Agreement or the
Green Acres laws, the State may initiate suit for injunctiye relief or to seek specific enforcement, without
posting bond, it being acknowledged by the parties that any actual or threatened failure to comply will
cause irreparable harm to the State and that money damages will not provide an adequate remedy.
(c) If the State incurs legal or other expenses, including its own personnel expenses, for the collection of
payments due or in the enforcement or performance of any of the Local Government Unit's obligations
under the Project Agreement, this chapter, or the Green Acres laws, the Local Government Unit shall pay
these expenses on demand by the State.
(d) The State is not required to mitigate any damages to the Local Government Unit resulting from the Local
Government Unit's noncompliance with the terms of the Project Agreement or the Green Acres laws.
8. TERMINATION
a) Local Government Unit may unilaterally rescind this Project Agreement at any time prior to Local
Government Unit's initial acceptance of Green Acres funding, whether partial or in full, under this
Agreement. After accepting any payment, Local Government Unit may not terminate, modifY or rescind
this Agreement without the express written approval of the State.
6
b) State may terminate this Agreement at any time if any representation or warranty made herein or in any
certifications, reports, plans, financial statements or other information furnished by lhe Local Government
Unit in connection with lhis Agreement shall prove to be false or misleading.
9. MODIFICATION OF PROJECT AGREEMENT
Modifications to the Approved Project Scope and/or Pfoject Location, which do not increase the cost of the
Approved Project, may be made at the sole discretion of the Green Acres Program. Such modifications shall be
requested in writing by the Local Government Unit's Chief Executive Officer, or designee, and must be approved
in writing by the Green Acres Program. All approved Project Agreement modifications shall be attached to this
Project Agreement.
All other modifications of this Project Agreement must be by fonnal amendment executed by the Commissioner
of the New Jersey Depattment of Environmental Protection or Commissioner's designee.
10. TERlVI OF PROJECT AGREEMENT
The term of this Project Agreement is to extend from full execution through the end of the Project Period.
II.
OPTIONAL PROVISIONS IMMEDIATELY FOLLOWING
ATTACHED
Schedule A:
Loan Tenns and Conditions (Loan Projects Only)
[X] YES
[]YES
[]NO
[X] NO
Schedule B:
Special Conditions
12. ATTACHMENT
Exhibit I:
Declaration of Encumbrance
13. MISCELLANEOUS
a) This Project Agreement constitutes the entire agreement and supersedes all prior agreements and
understandings both written and oral between the parties with respect to the subject matter hereof and
may be executed simultaneously in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one and the same instrument.
b). In the event any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision
hereof.
c) In the event that any provision of this Agreement should be breached by Local Government Unit and
thereafter waived by the State, such waiver shall be limited to the particular breach so waived by the State
and shall not be deemed to waive any other breach by Local Government Unit.
d) This Agreement shall not be assigned without the prior written consent of the State.
e) This Agreement shall be construed and enforced under the laws of the State of New Jersey.
t) In the event of litigation, Local Government Unit waives whatever right it may have to trial by jury.
g) Any affinnative obligation of the Local Government Unit shall survive this Agreement.
7
SCHEDULE A
Loan Terms and Conditions
(Loan Projects Only)
8
( ) Page(s)
SCHEDULE A
LOAN TERJ~S, CONDITIONS AND REPAYMENT REQUIREMENTS
a) State funds shall be disbursed to the Local Government Unit in such amounts as are
required to pay the local government's incurred or anticipated costs for an Acquisition:
in advance of closing, or as reimbursement after closing, or after filing a Declaration of
Taking; or, for a Development: in one or more consecutive calendar months that total
$10,000 or more, or quarterly if the amount requested over the course of three
consecutive calendar months total less than $10,000. The Local Government Unit shall
provide satisfactory cost documentation certifYing that the eligible, allowable costs have
or will be incurred. This certification shall be completed on forms that the State provides
and in a manner satisfactory to the State.
b) No State funds shall be disbursed to a Local Government Unit that has defaulted on any
State loan. In order to facilitate full or partial payment of such defaulted loan obligation,
the State may, at its discretion, make a loan payment where it simultaneously receives
from the Local Government Unit an amount in repayment of said defaulted loan
obligation at least equal to the loan payment. Nothing in this paragraph shall in any way
limit any right or duty of the State to demand and collect, at any time, the total amounts
due under any such defaulted loan obligation.
c) Any disbursement of funds by a Local Government Unit not used in accordance with this
Project Agreement shall constitute default of the loan agreement, and all outstanding
principal and interest amounts shall become payable immediately to the State.
d) The loan shall be repaid in semi-annual installments over a period not to exceed 30 yeafs
for acquisition projects and 20 years for development projects. Thirty years shall be
calculated from the date of first disbursement to the date of final repayment.
e) Repayment of the principal amount by the Local Government Unit shall be made to the
State on a date beginning nine months from the date of the final disbursement of the loan;
or beginning one year from the date of the first disbursement, whichever comes first.
Repayments shall be on a semi-annual basis and in amounts as detailed in the attached
Loan Repayment Schedule. The State reserves the right to unilaterally adjust the loan
repayment dates andlor amounts on the attached Schedule if the timetable for completion
and/or the actual project costs and disbursements vary from the attached Schedule.
f) Interest shall accrne at a rate of not more than two (2%) percent per annum on the amount
of loan(s) disbursed and outstanding from the date of disbursement to the date of final
repayment of the principal amount. Interest accrued against each disbursement (from the
date of disbursement to the three months following final disbursement as outlined in (e)
above) shall be paid on the date of three months following the final disbursement.
Interest accrued on the amortization of the principal amount shall be paid in semi-annual
installments on such dates as detailed in the attached Schedule.
g) Failure of the Local Govemment Unit to make any repayment within 30 days of the
scheduled repayment date shall cause the assessment of a late fee being due from the
Local Goyernment Unit and payable to the State as follows: 1. When a payment is 30-59
days past due, five (5%) percent of the payment amount due. 2. When a payment is 60-
89 days past due, ten (10%) percent of the payment amount due. 3. When a payment is
90 or more days past due, fifteen (15%) percent of the payment amount due. Failure of
the Local Govemment Unit to make any repayment within 90 days of the scheduled
repayment date shall constitute default of the Project Agreement, and all outstanding
principal, interest, and penalty amounts shall become payable immediately to the State.
For any defaulted loan, interest charges, equal to the loan's interest rate, will begin to
accrue from the date repayment was due on the amount of principal outstanding and any
interest charges thereon.
h) The Local Government Unit may prepay the loan in whole or in part at any time without
penalty. Partial repayment(s) shall be applied to the last maturing payment(s) due; shall
. be in one or more increments of the amount due on principal; and shall not extend or
postpone the due date of any subsequent semi-annual installment or change the amount of
such installments.
i) The Local Government Unit shall charge and collect such rates, fees, and taxes in
sufficient amounts as shall be required to provide revenues in each calendar year,
together with other available funds, for the payment of debt service on the loan.
j) The Local Government Unit shall allocate a portion of its local budget in sufficient
amounts to meet the annual debt service for the loan. These funds shall be deposited into
a specific fund for the purpose of assuring repayment of the loan to the State.
k) The Local Government Unit shall comply with the statutory requirements of N.J.S.A.
40A relative to the undertaking of this Project Agreement and loan.
In accordance with NJ.S.A. 40A:2-1 et seq., the Local Govemment Unit shall timely
and properly file a Supplemental Debt Statement with the Division of Local Government
Services prior to the execution of this Project Agreement. In the event that approval of
the Local Finance Board is necessary to exceed the statutory debt limitation as provided
in NJ.S.A. 40A: 2-6, the Local Government Unit shall obtain said approval prior to the
execution of this Project Agreement. In the event said approval is not granted by the
Local Finance Board, this Project Agreement shall be declared null and void. No loan
funds will be disbursed to the Local Government Unit without the State's receipt of a
certification of conformance by the Local Government Unit. This certification shall be
completed on a fonn that the State provides.
FOtUAS/schA
LOAN AMOUNT:
RATE:
PMT PERIODS:
CURRENT DATE:
PROJECT: Carteret Borough
Multi-Parks Improvements 3
1201 -08-038
$240,000
0%
39
April 20, 2010
Estimated Loan Drawdown:
DRAWDOWNAM:ORTIZATIQ1\.,.DrSBURSEMENT~ t ";'J\9c:;~1J?I)~:
',:bATI:L ..,;l3krE <":,,.';><./l;MJOtJNT' .::::,'< . INTEREST "
Ol-Jun-IO Ol-Sep-IO $240,000 $
$
Estimated Repayment Schedule:
PRINCIPAL
ACCRUED INT $
AMORTIZED INT $
TOTAL TO BE REPAID $
$240,000
DUE I-SEP-IO
240,000.00
SEMI ANNUAL LOAN REP A YMENTI$'
',:::.',-r;',,;:-:,
. ;, .6,153 :851
IPMT # ,DUE '" ,INTEREST, "
. .'PRIN CIP AL'" . .
:,", ,', _ ..,' ,.,I"/;,q'
I 04-Mar-11
2 Ol-Sep-II
3 03-Mar-12
4 31-Aug-12
5 03-Mar-13
6 31-Aug-13
7 03-Mar-14
8 01-Sep-14
9 04-Mar-15
10 01-Sep-15
II 03-Mar-16
12 31-Aug-16
13 03-Mar-17
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
','iLOA,N,BAl,ANCEI
240,000.00
233,846.15
227,692.31
221,538.46
215,384.62
209,230.77
203,076.92
196,923.08
190,769.23
184,615.38
178,461.54
172,307.69
166,153.85
160,000.00
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
31-Aug-17
03-Mar-18
01-Sep-18
04-Mar-19
01-Sep-19
03-Mar-20
31-Aug-20
03-Mar-21
31-Aug-21
03-Mar-22
01-Sep-22
04-Mar-23
01-Sep-23
03-Mar-24
31-Aug-24
03-Mar-25
31-Aug-25
03-Mar-26
01-Sep-26
04-Mar-27
01-Sep-27
03-Mar-28
31-Aug-28
03-Mar-29
31-Aug-29
03-Mal'-30
$
$
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
6,153.85
240,000.00
153,846.15
147,692.31
141,538.46
135,384.62
129,230.77
123,076.92
116,923.08
110,769.23
104,615.38
98,461.54
92,307.69
86,153.85
80,000.00
73,846.15
67,692.31
61,538.46
55,384.62
49,230.77
43,076.92
36,923.08
30,769.23
24,615.38
18,461.54
12,307.69
6,153.85
(0.00)
REPAYMENTS SHALL BE IVlADE PAYABLE TO:
TREASURER, STATE OF NEW JERSEY
ALL LOAN REPAYMENTS SHALL BE TRANSMITTED TO:
NEW JERSEY DEPT. OF ENVIRONMENTAL PROTECTION
BUDGET AND FINANCE
OFFICE OF TRUST FUND MANAGEMENT
P.O. BOX 420
TRENTON, NEW JERSEY 08625
SCHEDULE B
Special Conditions
N/A
( )Page(s)
9
SIGNATURES
LOCAL GOVERNMENTUNlTATTORNEY
LOCALGOVE~ffiNTUNlTCHIEF
EXECUTIVE OFFICE
Reviewed and approved
on A.Ace L/ ,).(
/<-
v
(signature)
Robev}- J. 'i3ex-am. G'1'
. (print name) 0 '
20/0 By:
Date: }dCLI..!.~ I) .LO I 0
ATTACH AUTHORIZING RESOLUTION
STATE OF NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
By:
Date:
Reviewed and approved as to form on February 24, 2010
Paula T. Dow, Attorney General of New Jersey
B'y: Randall L. Pease, Deputy Attorney General
Reviewed and approved as to form
By: State Treasurer
(loan project only)
Amy Cradic, Assistant Commissioner for
Natural and Historic Resources
10
Exhibit 1
Declaration of Encumbrance
DECLARATION OF ENCUMBRANCE
BOROUGH OF CARTERET
Middlesex County
THE STATE OF NEW JERSEY
Department of Environmental Protection
~/l
prepared~(!~~e
Bmce W. Bechtloff
2/912010
TO
Record and retut11 to:
Department of Environmental Protection
Green Acres Program
P. O. Box 412
Trenton, New Jersey 08625-0412
Attention: Bmce W. Bechtloff
DECLARATION OF ENCUMBRANCE
This Declaration of Encumbrance is made this day of , 20_, by the
Borough of Carteret, Middlesex County, ("Local Government Unit"), whose mailing address is. 61
Cooke Avenue, Carteret, New Jersey 07008.
The Local Government Unit makes this Declaration in consideration of the State of New Jersey,
Depal1ment of Environmental Protection, Green Acres Program's agreement to provide funding in
connection with:
Multi-Parks Improvements 3
Project # 1201-08-038
As approved on April 7, 2009
The attached exhibit to this Declaration is labeled "Recreation and Open Space Inventory,"
comprising _ pages. This exhibit is incorporated into, and forms a pm1 of this Declaration.
The Local Government Unit represents and warrants (a) that all lands described in the exhibit
attached to this Declaration are held by it for recreation and conservation purposes, and (b) in
accordance with NJ.S.A. 13:8A-I et seq., NJ.S.A. 13:8A-19 et seq., N.J.S.A. 13:8A-35 et seq.,
NJ.A.C. 7:36-1 et seq., and all of the Green Acres Bond Acts (collectively, the "Green Acres Laws"),
covenants, agrees, and declares that all lands described on the exhibit attached to this Declaration are
subject to the covenants, restrictions, and conditions described in the Green Acres Laws, and further
agrees that:
1. The Local Government Unit shall not dispose of or divert to a use for other than
recreation and conservation purposes any lands described in the exhibit attached to this
Declaration without the approval of the Commissioner and State House Commission.
2. Should lands held by the Local Government Unit for recreation or conservation purposes
be, by mistake or inadvertence, omitted from the exhibit attached to this Declaration,
such lands shall be subject to the terms and conditions of this Declaration to the same
extent as though they had been included.
LOCAL GOVERNMffiNTTImT
TImT ATTORNEY
LOCAL GOVERNMENT UNIT CIllEF
EXECUTIVE OFFICER
~-kL(
~
(signature)
~I
, 2010
B'~
. tgn ture
Reviewed and approved
on
1:\1.11 j e I J" Ki i yYl{ly), 1Uill:{ 0 r
(print name and title) I
"Rl}bel"'l- 'J: BeY-gent t~
(print name) .
Date:
~
2-1, )....DI b
I
STATE OF NEW JERSEY
)
)
)
ss
COUNTY OF MIDDLESEX
ICERTIFYthaton ~ 02~ Q2.c;/t>, . ~;uJJl. U', ersonallycame before me,
y :';;j. 5:: (offio;,"" "od ,b,,"1
/&MtJ j,,\ .' nd stated to my satisfaction that he / she is the individual who
(Clerk)
signed this Declaration and tha he / she .
a. is authorized to execute this Declaration, and
b. executed this Declaration as his/her own act, and as the act of the
~~ ft:i &~ represented by him/her as
(Local G emm nt Urnt)
(Offi~ I
~~~~j~
KATHLEEN M. BARNEY
Registered Municipal Clerk
(print name and title)
.'
Page lofg
EXHTIllT 1 to DECLARATION
RECREATION AND OPEN SPACE INYENTORY
^ Looal Unit whioh rcoeives a lo.n or grant from tho State of New :Sorsey, Offioe ofGl'een Aeres
shalll10t dispose of, or divert to a IIse for otber than recreation and conseJ:Vation purposes, any lands (1)
acquired or developed with Green Acres er Federal Land and Water Conservation FUlld assistance or (2)
held by the Looal Unil for reoreation and conservation purposes at the "time of reooipt ef Green Acres
fUllds" (the reStricted lands) NJ.S.A. 13:8A..47. The primary purposes of this recreation and open space
Inventory (ROSI) are to document all restrioted lands and to Provide. notice of the restriotiollS to title
search""s.
Instructions
, All restricted lands must be desoribed on the comploted ROSI by their block and lot identification
numbers as shown on the current, officialtl\)( map md specify \'Ihether or not each parcel is funded or
unfunded parkland. The Local Unit shall submit a. tax map current as of the date of Or,een Aores
application showing each paree! of parkland liswd on the ROS!, with tho approxJmate boundaries of each
such parcol clearly marked io colored Ink. Staff knOWledgeable of the LoonlUnit's land use regulations
and the uses of its land boldings must complete this ROS!. rf only a portion of a current laX Jot is to be
restricted, the phrase parI of or portion of shaD be Ilsed on the ROS!. Deletion or omission of lands listed
on previously submitted ROSI's is prohibited without prior written approval of the Office ofGrcC11 Acres
(See N.J.A.C. 7:36.20,3).
The completed ROSJ must be duly executed and certified by the Local Unit's Chief Executive
Officer lll1l! planning board chairperson (er equivalent). The page number and the total number of pages
in the completed ROSr must be entered at the top right corner ofoach page.
All pages, inoluding this Page 1 and the follOwing Page 2, oflho ROS! must be submitt=d.
Special/Votes
Lands held by school boards, parking a\uhorities, hOllSlng authorities, and similar public agencies
without primary reoreation or eo"sDiValinn responsibilities should nO! be inventoried unless th~ arc also
hcld for recfeatlon and conservation purposes by the Local Unit.
, If lands held by the Local Unit for recreation and conservatiori purposes ar. omitted from this
ROS! by mistake, inadvertence, or otherwise, suoh lands shall be subject to the same teImS and
conditions, covenants, and restrictions as they would be If they were included. This ROSl, as completeo
and duly executed, shall be incorporated into, and bo a part of, both (1) the Green Aeres Project
Agreement and{2) the Declaration of Encumbrance.
Recommmdal/ons
The Local Unit's planning board, and other boards or commissions, aro encouraged to participate
in tbe preparation and reviow of this R081. Wheli preparing OJe ROSl, the listed parcels of parkland
should bo confirmed by reference to the tax maps that ate required to be submitted as part of the Green
Aeres application (See NJ.A.C. 7:36-6.4(a)3il or 12.4(a)4ii).
The Local Unit's governing body and planning board should designate, \'11th appropriate
descriptive labels, alll.nds listed on this ROSIIn any revision or update of the following master plan
elements: recreation plan, conservation plan, and land use plan.
The Local Unit's governing body should officially and permanently dedicate all lands held for
I'ecreation and conservrttioD purposes, However, failure to do so shall Itave no offect on tho validity of the
Declaration.Rev, 1/29/99
,.
Page a of&
EXHIBI'l' 1 to DECLARATION
RECREATION AND OPEN ~PACE INVENTORY
:DdjinitioTlS
For the purposes of this ROS!, the following definitions shall apply whenever tile quoted words,
or a form of the word are used: .
"Declaration') Ineans the recordable, W)'irteninstTurnen1 exeouted by the Local Unit whioh
declares that all of tho Local Unit's fllnded and unfunded pal'klands are subject to Green Acres
restriotions.
"Deyelopmenl" moans any Improvement or physical .Iteration designed to expand or erihance the
use of parkland for recreation and consorvation purposes.
"Funded parkland" means parkland tllat a Local Unit has acquired or that a Local Unit has
developed with Green Acres funding,
"Held" means owned, leased, or otherwise controlled (by the Local Unit for recreation and
conservation purposes).
"Lands" means real propel'ty, including improvements, rights-of.way, riparian and other rights,
e"Semet1ts, privileges, and any other rights or interests in. relating to, or connected with leal property.
"Local Unit" means a municipalily or countY, or other local political subdivision of this State. or
any agency thereof whose primary p\\rpose Is to acquire, administer, protect, develop, and maintain lands
for recreation and conseryation purposes.
''Parldand'' means 'Iand acquired, developed, and/or used for recreation and conservation
purposes,
C<Recreatio~ and conservation purposes" moans the use of lands for ptU'ks, natural areas, foreslS,
camping, fishing, reservoirs, water reserves, wildlife preserves, hunting, boating, wintCT sports and similar
\II,e. for either public outdoor recreation or consm3tion of natural resouroell, or both, pursuant to the
Grecn Acres Bond Acts. This term also includes.the use of historic areas pursuant to l".L. '974,0.102;
P.L. 1978, dIg; P.L, 1983, c.354; P.L. 1987, c,265; P,L, 1989, c.183;:t'b 1992, c.88; and P.L. 1995,
c,204; and the use ofhistonc buildings and structures pursuant to P.L. 1992, c,88 and P.L. 1995, 0,204;
and the usc of ecological and biological study areaS pursuant 10 P.L. 1989, e.lS3; p.L 1992, c.88; and
P.L. 1995,0.204. .
"ROS!" mean the listing of all parcels of land held by a Local Unit for recreation and
conservation purposes at the time of receipt of Green Acres funds, including a description sufficient 10
identify each such parcel.
'Time ofrecoipt of Green Aeres funds" means at all times be8inning 011 the date of the letter from
thc Depamnent under N,,!.A.C. 7:36-6.7 or 12,5 notifying the Local Unit of the amount of the Green
Acrcs funding award and ending on the date of receipt of the first transmittal of Green Acres funds.
"Unfunded pllrkland" means parkland, other than funded parkland, that is held by the Local Unit
for recreation l\l'\d conservation purposes at the time of receipt of Green Acres lunds.
Legislative Reference,.
N.J.S.A. 13:8A-I ~; 1-U.S.A. J3:8A-19 ~j NJ.S.A. 8:A.35 ~ (as amonded and
supplemented); N.lA.C. 7:36-let soo.; 16 U.S.C. 460 s.l ct seo.
Ex:!iISIT 1 to D.ll:CLARATJON
RECREA nON AND OPEN SPACE INVENTORY
Locnl Unit: BorollEh of Carterel
County: Middlescx
l"age~ or~
NOTE: AlIlands.held for recroation alld conscrvationpurposes.(I) must bcd.scribcd by their block and
lot identification numbers as shown on the current, official tax mapll1ld (2) keyed to a ourrent,
legible, official map of the Local Dnit and ourrent tax map of Local Uttit. The official map IlSeO
for this ROSl is named Tax Map and is dated 12/08. 2001.
Developed and Partially Devcloped Lands Held for Recreation and Conservation Purposes
(*If necessary, use the first page following &. after Page 4 for additional developed and partially
developed lands) .
~ .Municioal Location
Block
.1m
Name
1.
Cartere! Avenue &.
Cypress Street
Carteret Park
24
183
Aore..
18.04
Subt.otal of Acres on this page ......................."........................."..... ....... ............ 18.04
Total Acres of develo'P~d and partiaJJy developed lands from all pages of Ibis ROSt... 57.52
FurrdedfUnfunded
Funded
:Page ~ of &.
EXHTBIT I foDEC1ARAT10N
J3.gREATION AND OPEN SPACE fNVENTORY
Local Unit: Borou~h ofCartcrct . County: Middlesex
NOTE:AII lands held for recreation and conservation purposes (l) must be described by their blook and
lot identificatloll numbers as shown 011 the CUrrent, officinl tax map and (2) leevcd to a current, legible,
officiallnap of the Local Unit and c\lrrent taX map of Loenl Unit. The official map used for this ROSIis
named Ja<t Mac nnd is dated 12/0~, 2001.
Wholly Undeveloped Lands Beld for Recreation and Conservlliion Purposes
(.If necessary, use the second page following & after Page 4 for additionaJ wholly undeveloped
lands)
!ill M unleloal Location Name Block bQ! Acres Funded/Unfunded
A. Washington Avenue &. Banick Park 124 0.23 Unfunded
Horbert Avenue
B. .101m Street & Johl1 Street 136 29
Beverly Street Park 136 30
136 31
)36 32
136 33
136 34
2.M Unfunded
Subt<>tlil of Acres on thisllage ............................................................................... .:e.,m
Tot:!1 Acre~ of wholly undeveloped Innd~ fTom g)l pagos of this ROS!......... ..." ".. ~
CRRTIFlCATION:I HEREBY CERTIFY that this Exhibit J to Declaration, comprising k total pages, is
a complete and accurate listing of all lands held by the Local Unit, as of this S day of
.::&..:J.'" , 20 ~ for recreation and conservation purposes during the time Of receipt of Green
Acres funding. T is ROS! is being submitted to Grcen Acres a.~ part oflhe projeot entitled
en . 'ks PhMc 1.
outivo Offieer or Loenl Unit
~ -.s:-o 7
,
,....
,
This Certification is to be signed only on this page, Pa!!:e 4, ofEXHIBtl: 1 to DECLARATION.
Palla 2 of ~
EXHIBIT 1 to DBCLARATION
RECREATION AND OPEN SPACE lliVENTORY
(Colltlntled)
Developed and hrlially Developed Land~ Held for RCf;reatlon and Conse..-vation Purpose~
(' Numerical Key)
<Kev Municipal LOClltion Name Block !a.l ACl'es Fu~dedlUnfunded
Per~hing Avenue & Chrome Park 262 I
Essex Street 262 2
262 3
262 4
262 S
262 6
262 7
262 8
263 I
263 2
263 3
263 4
263 5
263 6
263 7
263 S
264 1
264 2
264 3
264 4
264 5
264 6
264 7
264 8
264 9
265 1
265 2
265 3
265 4
265 S
265 6
265 7
265 8
4.50 Unfunded
Subtotal of A.re~ on ~ page .........................,........................................... "" ,,,... 4.50
Suhtlllnl of ACYelI on tbis page ........ ""'" ,..........................."..."."...."... ............ 34.98
TOTAL P.07