Ordinance No. 15-12

Introduced: June 7, 2012
Public Hearing: June 28, 2012
Status: Adopted

An ordinance authoring the acceptance of certain off site water facilities constructed by or on behalf of Toll NJ VI, LP and authorizing the acceptance of the bill of sale

WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire capital improvements; and

WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of capital improvements by municipalities be accomplished by ordinance; and

WHEREAS, N.J.S.A. 40A:12-5(a)(1) authorizes a municipality, by ordinance, to acquire real property by purchase, gift, devise, lease, exchange, condemnation, or installment purchase agreement; and

WHEREAS, on May 26, 2011, The Township of Randolph (“Township”) entered into a certain Developer’s Agreement for the Provision of On and Off Site Water Facilities (“Developer’s Agreement”) with The Ridge at Randolph, LLC, the predecessor in title to Toll NJ VI, LP (“Developer”), under the terms of which said Developer agreed to install, at its sole cost and expense, certain on and off site water facilities within the Township and as more particularly set forth in said Developer’s Agreement; and

WHEREAS, the obligations set forth in the aforesaid Developer’s Agreement expressly extend to the parties “successors and assigns”; and

WHERAS, the Developer has completed construction of the off site water facilities (“Off Site Water Facilities”), which are more particularly shown and described in said Developer’s Agreement and on the Plans and Specifications entitled Preliminary Major Subdivision Plat, containing 17 sheets, dated September 14, 2005, last revision date March 26, 2008, prepared by Paulus, Sokolwski & Sartor, LLC (“Plans and Specifications”); and

WHEREAS, the Township Engineer has inspected the Off Site Water Facilities, all requisite tests have been satisfactorily completed and accepted by the Township Engineer, and all pertinent documents have been filed in a manner acceptable to the Township Engineer, all in accordance with the Land Development Ordinance of the Township of Randolph; and

WHEREAS, the Developer has submitted an executed Bill of Sale in a form acceptable to the Township Attorney conveying said Off Site Water Facilities to the Township; and

WHEREAS, the Developer has submitted a Maintenance Guarantee with regard to said Off Site Water Facilities as set forth in the Developer’s Agreement and pursuant to Land Development Ordinance of the Township of Randolph, in a form satisfactory to the Township Attorney; and

WHEREAS, the Township desires to accept the Off Site Water Facilities described in the above-mentioned Bill of Sale and accept the Bill of Sale submitted by the Developer to convey same.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION 1. The Township hereby accepts the Off Site Water Facilities identified in a certain Bill of Sale dated April 4, 2012 from the Developer to the Township and constructed by or on behalf of the Developer. Such acceptance by the Township is expressly made contingent upon the successful performance by the Developer of all conditions and obligations set forth in the Developer’s Agreement and hereunder.

SECTION 2. The Township hereby accepts the maintenance guarantee submitted by Developer in conjunction with said Off Site Water Facilities.

SECTION 3. The Mayor and Township Clerk are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance.

SECTION 4. The Township Engineer is hereby authorized and directed to take any and all steps necessary to file all forms with the New Jersey Department of Environmental Protection, if necessary, to activate approval and acceptance for use of the facilities by the New Jersey Department of Environmental Protection.

SECTION 5. All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION 6. If any section, subsection clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION 7. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Guadagno, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 15-12

Notice is hereby given that an Ordinance entitled “An Ordinance Authoring the Acceptance of Certain Off Site Water Facilities Constructed by Or on Behalf of Toll NJ VI, LP and Authorizing the Acceptance of the Bill of Sale” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 7, 2012 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 28, 2012 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to accept certain off site water facilities constructed by or on behalf of Toll NJ VI, LP, to accept the Bill of Sale submitted by Toll NJ VI, LP to convey same, and to accept the requisite maintenance guarantee associated therewith. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey