Redevelopment Agency

Redevelopment Agency Meeting Minutes March 14, 2019 Page #1 Redevelopment Agency Re-Organization Meeting Thursday, March 14, 2019 7:00 p.m. City of Passaic, Mayor’s Conference Room Commissioners Present: Arthur Soto, Ruth Perez, Kimberly Perez and Angel Torres Commissioners Absent: Chaim Munk, Peter Cedeno-Castro and David Spector Staff Present: Ricardo Fernandez/Executive Director, John Kaplan, Esq. /Attorney, Joe Buga/Project Manager Proper Notice: Adequate notice of the meeting was provided by notice to the Herald & News and Bergen Record, and by posting on the City Clerk’s bulletin board specifying the time, place and known agenda I. Roll Call II. Pledge of Allegiance III. Public Session Joe Conosenti, 170 Broadway, Passaic Jaroslaw Jackiw 266 Lafayette Avenue, Passaic IV. Minutes of the meeting for January 10, 2019 Moved: Kimberly Perez Second: Ruth Perez For: 3 Against: 0 Abstain: 1 Not Present: 3 Redevelopment Agency Meeting Minutes March 14, 2019 Page #2 V. The bill list for March 14, 2019 in the amount of $33,079.44 was reviewed and approved. Moved: Kimberly Perez Second: Ruth Perez For: 3 Against: 0 Abstain: 1 Not Present: 3 VI. RESOLUTIONS PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-08 Resolution De-Designating Casa Bella, LLC as the Redeveloper for Property located at 24 and 230-232 Hope Avenue, Passaic, New Jersey, Block 4063, Lots 62 and 62.01 WHEREAS, Casa Bella, LLC (hereinafter referred to as the “Redeveloper”) became the owner of properties located at 24 and 230-232 Hope Avenue, Passaic, New Jersey, Block 4063, Lots 62 and 62.01 (herein after referred to as the “Property”), which is located within the boundaries of the City of Passaic (hereinafter referred to as the “City”) in an area that has been designated by the City as an area in need of redevelopment, which Property is included in a duly adopted zoning plan known as the “Redevelopment/Rehabilitation Plan for Property Designated as Block 4063, Lots 62 and 62.01 on the Official Tax Map of the City of Passaic, NJ” (hereinafter referred to as the “Plan”); and, WHEREAS, the Redeveloper had entered into an Interim Cost Agreement with the intent of entering Redevelopment Agreement for the Property dated January 5, 2018; and, Redevelopment Agency Meeting Minutes March 14, 2019 Page #3 WHEREAS, the Redeveloper has substantially completed all of its proposed redevelopment of the Property and has obtained most, if not all, certificates of occupancy for the Property; and, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Passaic Redevelopment Agency that: 1. The above recitations are incorporated herein as if set forth at length; and, 2. Casa Bella, LLC is hereby de-designated and removed as the Redeveloper for the Property; and, 3. The Interim Costs Agreement dated on or about January 5, 2018 is hereby terminated. BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to review and approval of the Agency’s General Counsel and Executive Director. INTRODUCED BY: Ruth Perez SECONDED BY: Kimberly Perez For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Redevelopment Agency Meeting Minutes March 14, 2019 Page #4 Commissioner David Spector X Commissioner Angel Torres X Adopted on March 14, 2019 PASSAIC REDEVELOPMENT AGENCY ___Orginal Signature on file___ Arthur Soto, Chairman PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-09 Resolution Designating 18 Van Houten LLC as the Redeveloper for Property located at 18-20 Van Houten Street, Passaic, New Jersey Block 1262.01, Lot 20 and Authorizing an Interim Costs Agreement WHEREAS, 18 Van Houten, LLC (hereinafter referred to as the “Redeveloper”) is the owner of properties located at 18-20 Van Houten Street in the City of Passaic, Block 1262.01, Lot 20 (hereinafter referred to as the “Property”), which is located within the boundaries of the City of Passaic (hereinafter referred to as the “City”) in an area that has been designated by the City as an area in need of redevelopment by City Council Resolution Number 18-09-304, which property is included in a duly adopted zoning plan known as the Redevelopment/Rehabilitation Plan 18-20 Van Houten Avenue (hereinafter referred to as the “Plan”); and, WHEREAS, the Redeveloper submitted a redevelopment proposal on or about February 26, 2019 (hereinafter referred to as the “Proposal”) to the City of Passaic Redevelopment Agency (hereinafter referred to as the “Agency”) for the Property for uses in conformity with the Plan as amended; and, Redevelopment Agency Meeting Minutes March 14, 2019 Page #5 WHEREAS, the Redeveloper proposes to construct a mixed use building that will likely include, but will not be limited to, forty (40) residential apartment units with ground floor parking (hereinafter referred to as the “Project”); and, WHEREAS, a committee of the Agency’s Board of Commissioners has reviewed the Proposal and found same to be generally consistent with the intent of and uses set forth in the Plan as amended; and, WHEREAS, the Redeveloper shall comply with the Plan and/or shall apply to the Planning Board for all necessary variances, approvals, and/or permits as may be required under the Plan and/or or may seek an amendment of the Plan by request to the Agency and the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Passaic Redevelopment Agency that: 1. The above recitations are incorporated herein as if set forth at length; and, 2. 18 Van Houten, LLC is hereby designated as the Redeveloper for the redevelopment of the Property; and, 3. This designation is expressly contingent upon amendment, if necessary, to the Plan and/or variances and approvals from the Planning Board; and, 4. This designation is expressly contingent upon the Redeveloper being responsible for and assuming all costs incurred by the Agency, including, but not limited to legal, appraisal, title, environmental, financial, engineering, etc.; and, Redevelopment Agency Meeting Minutes March 14, 2019 Page #6 5. This designation is also expressly contingent upon the Redeveloper providing all funds for the acquisition, relocation, property maintenance and demolition, if necessary, at the Property and construction of the proposed Project; and, 6. This designation is also based upon the Agency’s financial due diligence into the Redeveloper, including the Redeveloper providing the Agency with a non-refundable Application fee of Ten Thousand Dollars ($10,000.00) and the Redeveloper providing the Agency all of the necessary financial documentation necessary to perform a full financial evaluation and that the Redeveloper is financially qualified to undertake this Project to the satisfaction of the Agency and its professionals; and, 7. This designation is also expressly contingent upon payment by the Redeveloper to the Agency of an Escrow, under the terms of the Interim Costs Agreement, in the amount of Twenty Thousand Dollars ($20,000.00), such escrow fee to be paid within thirty (30) calendar days of the execution of this Resolution; and, 8. This designation is also expressly contingent upon payment by the Redeveloper to the Agency of a one (1) time non-refundable Administrative fee of Fifteen Thousand Dollars ($15,000.00) to be paid within thirty (30) calendar days of the execution this Resolution; and, 9. The Interim Costs Agreement between the Agency and the Redeveloper is approved for signature by the Agency, subject to the final approval of the Agency’s General Counsel and Executive Director; and, Redevelopment Agency Meeting Minutes March 14, 2019 Page #7 10. Once the Interim Costs Agreement is approved and payments are made by the Redeveloper as required hereunder, the parties will commence the negotiation of a redevelopment agreement, which is subject to review and approval by the Agency and its professionals; and, 11. The designation herein is for a period of one hundred eighty-days (180) calendar days, which period may be extended if necessary at the sole discretion of the Agency’s Executive Director for an additional period of one hundred eighty (180) calendar days. BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary of the Agency are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to review and approval of the Agency’s General Counsel and Executive Director. INTRODUCED BY: Ruth Perez SECONDED BY: Kimberly Perez For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Commissioner David Spector X Commissioner Angel Torres X Redevelopment Agency Meeting Minutes March 14, 2019 Page #8 Adopted on March 14, 2019 PASSAIC REDEVELOPMENT AGENCY ___Original Signature on File ______ Ricardo Fernandez, Executive Director PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-10 Resolution Designating 125 South Street LLC as the Redeveloper for Property located at 125 South Street, Passaic, New Jersey Block 1030, Lot 33 and Authorizing an Interim Costs Agreement WHEREAS, 125 South Street, LLC (hereinafter referred to as the “Redeveloper”) is the owner of properties located at 125 South Street in the City of Passaic, Block 1030, Lot 33 (hereinafter referred to as the “Property”), which is located within the boundaries of the City of Passaic (hereinafter referred to as the “City”) in an area that has been designated by the City as an area in need of redevelopment by City Council Resolutions 9150-02, 9297-04 and 9966-04, which property is included in a duly adopted zoning plan known as the East Side Redevelopment Plan (hereinafter referred to as the “Plan”); and, WHEREAS, the Redeveloper submitted a redevelopment proposal on or about February 27, 2019 (hereinafter referred to as the “Proposal”) to the City of Passaic Redevelopment Agency (hereinafter referred to as the “Agency”) for the Property for uses in conformity with the Plan as amended; and, WHEREAS, the Redeveloper proposes to construct a mixed use building that will likely include, but will not be limited to, fifty-two (52) residential apartment units with ground floor parking (hereinafter referred to as the “Project”); and, Redevelopment Agency Meeting Minutes March 14, 2019 Page #9 WHEREAS, a committee of the Agency’s Board of Commissioners has reviewed the Proposal and found same to be generally consistent with the intent of and uses set forth in the Plan as amended; and, WHEREAS, the Redeveloper shall comply with the Plan and/or shall apply to the Planning Board for all necessary variances, approvals, and/or permits as may be required under the Plan and/or or may seek an amendment of the Plan by request to the Agency and the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Passaic Redevelopment Agency that: 1. The above recitations are incorporated herein as if set forth at length; and, 2. 125 South Street, LLC is hereby designated as the Redeveloper for the redevelopment of the Property; and, 3. This designation is expressly contingent upon amendment, if necessary, to the Plan and/or variances and approvals from the Planning Board; and, 4. This designation is expressly contingent upon the Redeveloper being responsible for and assuming all costs incurred by the Agency, including, but not limited to legal, appraisal, title, environmental, financial, engineering, etc.; and, 5. This designation is also expressly contingent upon the Redeveloper providing all funds for the acquisition, relocation, property maintenance and demolition, if necessary, at the Property and construction of the proposed Project; and, 6. This designation is also based upon the Agency’s financial due diligence into the Redeveloper, including the Redeveloper providing the Agency with a non-refundable Application Redevelopment Agency Meeting Minutes March 14, 2019 Page #10 fee of Ten Thousand Dollars ($10,000.00) and the Redeveloper providing the Agency all of the necessary financial documentation necessary to perform a full financial evaluation and that the Redeveloper is financially qualified to undertake this Project to the satisfaction of the Agency and its professionals; and, 7. This designation is also expressly contingent upon payment by the Redeveloper to the Agency of an Escrow, under the terms of the Interim Costs Agreement, in the amount of Twenty Thousand Dollars ($20,000.00), such escrow fee to be paid within thirty (30) calendar days of the execution of this Resolution; and, 8. This designation is also expressly contingent upon payment by the Redeveloper to the Agency of a one (1) time non-refundable Administrative fee of Fifteen Thousand Dollars ($15,000.00) to be paid within thirty (30) calendar days of the execution this Resolution; and, 9. The Interim Costs Agreement between the Agency and the Redeveloper is approved for signature by the Agency, subject to the final approval of the Agency’s General Counsel and Executive Director; and, 10. Once the Interim Costs Agreement is approved and payments are made by the Redeveloper as required hereunder, the parties will commence the negotiation of a redevelopment agreement, which is subject to review and approval by the Agency and its professionals; and, 11. The designation herein is for a period of one hundred eighty-days (180) calendar days, which period may be extended if necessary at the sole discretion of the Agency’s Executive Director for an additional period of one hundred eighty (180) calendar days. Redevelopment Agency Meeting Minutes March 14, 2019 Page #11 BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary of the Agency are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to review and approval of the Agency’s General Counsel and Executive Director. INTRODUCED BY: Kimberly Perez SECONDED BY: Ruth Perez For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Commissioner David Spector X Commissioner Angel Torres X Adopted on March 14, 2019 PASSAIC REDEVELOPMENT AGENCY ___Original Signature on File ___ Ricardo Fernandez, Executive Director Redevelopment Agency Meeting Minutes March 14, 2019 Page #12 PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-11 RESOLUTION AUTHORIZING THE CHAIR OF THE CITY OF PASSAIC REDEVELOPMENT AGENCY TO ENTER INTO AN AGREEMENT WITH THE NEW JERSEY SCHOOLS DEVELOPEMENT AUTHORITY TO PURCHASE A CERTAIN PARCEL OF PROPERTY LOCATED AT 711-729 MAIN AVENUE IN THE CITY OF PASSAIC, COUNTY OF PASSAIC, STATE OF NEW JERSEY WHEREAS, the Passaic Redevelopment Agency (hereinafter referred to as the “Agency”), a public body corporate and politic of the State of New Jersey, was created pursuant to subsection a. of section 11 of P.L. 1992, c.79 (N.J.S.A. 40A:12A-11); and, WHEREAS, there exists in various parts of the City of Passaic (hereinafter referred to as the “City”) conditions of deterioration in housing, commercial and industrial installations, public services and facilities and other physical components and supports of community life and improper, or lack of proper, development that result from forces that are amenable to correction and amelioration by concerted effort of other responsible public bodies including the Agency and without this public effort are not likely to be corrected or ameliorated by private effort alone; and, WHEREAS, the New Jersey Schools Development Authority (hereinafter referred to as “SDA”) is in the process of building a new school in the City on a parcel of property located at 711-729 Main Avenue (hereinafter referred to as the “Property”); and, WHEREAS, the City previously designated the Property as an Area in Need of Rehabilitation pursuant to Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1. WHEREAS, the Property is in excess of the size for the SDA’s intended proposal to build a new school on the Property to further the interest of the City; and, WHEREAS, the Agency has been in negotiations with the SDA to enter into an agreement to purchase the excess parcel of the Property to further its public purpose to ameliorate the deterioration of the City noted above (hereinafter referred to as the “Agreement”). NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Redevelopment Agency of the City of Passaic, County of Passaic, State of New Jersey, that the Passaic Redevelopment Agency’s Board of Commissioners does hereby authorize the Chair of the Agency to sign and/or execute all of the necessary Agreements and/or supporting documents with the New Jersey Schools Development Authority to purchase the excess parcel of Property as contemplated above, subject to the approval of the Agency’s Executive Director and Legal Counsel, recognizing the following: Redevelopment Agency Meeting Minutes March 14, 2019 Page #13 1. The SDA’s willingness to allow the Property to be used for retail and commercial purposes creating a buffer between the new school and Main Avenue; and, 2. The Property’s designation by the City Council as an area in need of Rehabilitation; and, 3. The Redevelopment Plan for the site that provides for this section of Main Avenue be similar to the adjacent blocks with retail establishments on the ground floor and residential uses on upper floors; and, 4. A Request for Proposal being issued by the Passaic Redevelopment Agency to potential redevelopers with the intent to sell the Property to a redeveloper; and, 5. Said sale of the Property to the Passaic Redevelopment Agency by the SDA is contingent upon finding a qualified redeveloper that agrees to pay the price required by the SDA, thereby recognizing that no use of Agency funds is contemplated for the Purchase of the Property. INTRODUCED BY: Kimberly Perez SECONDED BY: Arthur Soto For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Commissioner David Spector X Commissioner Angel Torres X Adopted on March 14, 2019 PASSAIC REDEVELOPMENT AGENCY Original Signature on File____ Ricardo Fernandez, Executive Director Redevelopment Agency Meeting Minutes March 14, 2019 Page #14 VII. UPDATES BY EXECUTIVE DIRECTOR RICARDO FERNANDEZ 217 Brook Avenue The project is in the construction phase. The parking deck and interior work on the supermarket is started. 2 Market Street The project is in the construction phase. The roof of the building has been removed in part for the construction of a mezzanine level. An elevator shaft has been completed. Work on the is ongoing. 240 Hope Avenue The project is completed. 26 Jefferson (Pantasote) The redeveloper, IDIL Passaic, LLC has received planning board approval and expects to acquire the property shortly. 99-111 Passaic Street (Transfer Station) The project is awaiting a decision from the federal Surface Transportation Board regarding the railroad. Main Avenue As part of a grant award, work is being conducted by a team from the NJ Chapter of the American Planning Association (NJ-APA), It included a number of public workshops one conducted on line with the Mayor. The results will inform future work in plan considering a designation of the Central Business District of Main Avenue as an Area in Need of Rehabilitation. The County and New Jersey Transit continue to work with the City regarding the new bus station. Redevelopment Agency Meeting Minutes March 14, 2019 Page #15 XI. ADJOURNMENT Moved: Ruth Perez Seconded: Kimberly Perez For: 4 Against: 0 Abstain: 0 Not Present: 3 Respectfully Submitted, Original Signature on File Asenett Martin Secretary