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HomeMy Public PortalAboutR 00:231No. 00-231 Date ol' Adoption July 2?, 2000 RESOLUTION APPROVING DEVELOPER'S AGREEMENT WHEREAS, 1300 Federal, L.L.C. (the "Developer") is the owner of a commercial Facility in the Borough of Carteret (the "Borough"); and WHEREAS, the Developer wishes to make certain improvements to its facility more commonly know as the White Rose Building, which changes have been approved by the Carteret Planning Board; and WHEREAS, in recognition of it's civic obligations the Developer has proposed to contribute $ ! 5,000 to the Borough in order to assist in the improvement and upgrading of the Borough's infrastructure; and WHEREAS, the Mayor and Council of the Borough believe that accepting the Developer s contnbut~o is in the best interest of the community. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Carteret that the attached Developer's Agreement is hereby approved. BE, IT FURTHER RESOLVED that the Mayor and Borough Clerk be and are hereby authorized to execute said Developer's Agreement on behalf of the Borough. BE, IT FUTHER RESOLVED that this Resolution shall take effect immediately. Adopted this 27th day of July, 2000 and Certified as a true copy of th.e original on July 28, 2000. KATILILEEN M. BARNEY, RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.IL COUNCILMAN YES NO NV A.B. CRILLEY X QIJINONES X FAZEKAS X SANTORO X , 0 ' BRIEN X SOHAYDA X X - Indicate Vote AB - Abscm NV - Not Voting XOR - Indicates Vote to Overrule Veto aer Adopted at a meeting of the Municipal Council July 27, 2000 DEVELOPER'S AGREEMENT THIS AGREEMENT made this day of , 2000, by and between 1300 FEDERAL, L.L.C., a Delaware limited liability company, with offices at c/o Angelo, Gordon & Co., L.P., 245 Park Avenue, 26th Floor, New York, New York 10167 (hereinafter referred to as "Developer"), and the BOROUGH OF CARTERET, a municipal corporation of the State of New Jersey, having its principal office at 61 Cooke Avenue, New Jersey 07008 (hereinafter referred to as "Borough"). WITNESSETH: WHEREAS, the Developer is the owner of lands known as Lots 9.01 and 9.02 in Block 64.01, as shown on the Tax Map of the Borough of Carteret (hereinafter referred to as the "Subject Property"); and WHEREAS, the Carteret Planning Board has granted appropriate land development approvals as part of Application No. P-00-4, on March 29, 2000 and May 24, 2000, as reflected in Resolutions adopted by the Planning Board on May 24, 2000; and WHEREAS, the aforesaid approvals and Resolutions contained certain stipulations and conditions, all of which are to be complied with by the Developer; and WHEREAS, the Developer, in recognition of its civic obligations, and the impact its development will have upon the infrastructure of the Borough, has agreed to contribute the sum of $15,000.00 to the Borough as required in the Resolution and approval of May 24, 2000, to be used for municipal purposes, at the sole discretion of the Borough; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and the benefits conferred, the parties, for themselves, their successors and assigns, agree to the following terms and conditions: 1. The Developer, in addition to fully complying with all conditions constituting part of the Planning Board's Resolutions referred to above, shall pay to the Borough the sum of $15,000.00 which shall be due and payable before the issuance of a Certificate of Occupancy for the improvements now underway, or by August 15, 2000, whichever is sooner. 2. The Developer reoognizes that it is not entitled to receive any Certificate of Occupancy from the Borough pertaining to the work now underway on the Subject Property until the Developer pays the money set forth above. 3. Nothing herein shall be deemed to abrogate any condition imposed by the part of the Resolutions set forth above. 4. The terms and conditions of this Agreement shall be binding upon the parties hereto and their successors and assigns. 5. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to the conflicts of laws or choice of laws provisions thereof. 6. The invalidity or unenforceability of any particular provisions hereof shall not affect the other provisions hereof, or other conditions in the aforesaid Resolutions, and this Agreement and those Resolutions shall be then construed as if such invalid or unenforceable provisions were omitted so that other provisions are enforceable. IN WITNESS WHEREOF, the parties have caused the Agreement to be signed by their respective officers, attested by the Clerk and Secretary, respectively, on the day and year first above written. WITNESS: 1300 FEDERAL, L.L.C. By: ATTEST: BOROUGH OF CARTERET KATHLEEN Clerk of By: BARNEY, Municipal the Borough of Carteret JAMBS FAILACE, Mayor of the Borough of Carteret 2