maraziti - City of Hoboken, NJ

JOSEPH J.
MARAZITI
MARAzm, JF..
CHRISTOPHER H. FALCON
150 JOHN F. KENNEDY PARKWAY
SHORT HILlS, NEW JERSEY 07078
FALCON
DIANE ALExA.."IDERt
ANDREW M. BREWER
PHONE.
T. CARNEY
ANTON L. LENDOR
BRENT
HEALEY
CHRISTOPHER D. MIILER
=======L.L.P.
HEATHER A. PIERCE
• ATTORNEYS AT LAW.
(973) 912·9008
912·9007
PAX. (973)
WWW.MFHLAW.COM
lAlSO MEM.BER NY BAR
Direct Dial: 973-912-{i818
E-mail Address:[email protected]
March 7, 2012
VIA COURIER
Clerk - Superior Court of New Jersey
Hudson County Courthouse
583 Newark Avenue, I" Floor
Jersey City, NJ 07306
Re:
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NQSr£1iH so)"J.I\'1"1(
)"'lSI,e" MaN ,10 JtiliCX)
!
City of Hoboken v, Shipyard Associates, LoP.
Dear Sir/Madam:
This firm represents the Plaintiff, City of Hoboken in the above referenced matter. Enclosed for
filing, please find an original and one (I) copy of the Complaint along with the Case Information
Statement, which 1ask you to file
Please return one copy of the aforementioned papers marked "filed" in the enclosed selfaddressed postage paid envelope. Please charge our account (No, 141216) with any appropriate filing fee.
Very truly yours,
Maraziti, Jr.
JJM:smw
Enclosures
{94417DOCX.l}
ABA-EPA LAw OFFICE CliMATE
CHALLENGE PARTNER
MARAZITI, FALCON & HEALEY, L.L.P
150 John F. Kennedy Parkway
Short Hills, New Jersey 07078
(973) 912-9008
Attorneys for Plaintiff, City of Hoboken
CITY OF HOBOKEN,
a municipal corporation of
the State of New Jersey,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
HUDSON COUNTY
DOCKET NO. HUD-
Plaintiff,
v.
CIVIL ACTION
SHIPYARD ASSOCIATES, L.P.,
COMPLAINT
Defendant.
Plaintiff, City of Hoboken, by way of Complaint against defendant, Shipyard Associates,
L.P., says:
I.
Plaintiff City of Hoboken ("Hoboken" or "Plaintiff") is a municipal corporation
having its principal place of business located at City Hall, 94 Washington Street, Hoboken, New
Jersey 07030.
2.
Defendant Shipyard Associates, L.P. ("Shipyard" or "Defendant"), is a limited
partnership with offices at clo The Applied Companies, 5 Marineview Plaza, Suite 500,
Hoboken, New Jersey 07030.
3.
On or about September 30, 1996, Shipyard made application to tbe Planning
Board of the City of Hoboken ("Planning Board") for preliminary site plan approval for a
proposed Planned Unit Development comprised of residential use (1,160 units), commercial
retail use (63,200 square feet), approximately 1,460 parking spaces, open space, recreational use
and various streets ("Project") on property including Block 262, Lot 1; Block 263, Lot, 1; Block
264, Lot 1; and a portion of Block 261, Lot 1 as shown on tbe Tax and Assessment Maps of the
City of Hoboken ("Project Site").
4.
On or about September 30, 1996, Shipyard also made application to tbe Planning
Board for preliminary major subdivision and Planned Unit Development Approval with respect
to tbe Project.
5.
By Resolution dated January 7, 1997 (a copy of which is attached hereto as
Exhibit A), tbe Planning Board approved Shipyard's application for preliminary site plan
approval and preliminary major subdivision approval with respect to the Project.
6.
The Resolution dated January 7, 1997 has not been amended or rescinded and
remains in full force and effect.
7.
On or about December 7, 1997, Hoboken and tbe Planning Board entered into an
agreement witb Shipyard ("1997 Agreement") which sets forth the terms and conditions of the
Project. A copy of the 1997 Agreement is attached hereto as Exhibit B.
8.
The 1997 Agreement, at page 2, states that "the Developer [i.e., Shipyard] shall
construct this development project in strict accordance witb the plans as presented to the
Planning Board, which plans were marked into evidence." The "plans" presented to the Planning
Board include the "Building Impact Plan and Zoning Tables (SP01)" and "Landscaping Plan
2
(SPOS)", each revised to January 22, 1997 (the "Architectural Plans"), copies of which are
attached hereto as Exhibit C.
9.
In the 1997 Agreement, Shipyard agreed to develop a one-story tennis pavilion
("Tennis Pavilion"), three (3) regulation-size tennis courts ("Tennis Courts"), and thirty-seven
(37) surface parking spaces ("Parking Spaces") on certain property within the Project Site
referred to as "Development Block G".
10.
Shipyard has developed most, if not all, of the residential (1,160 units),
commercial retail (63,200 square feet) and parking (approximately 1,460 spaces) components of
the Project.
11.
Shipyard has not developed the Tennis Pavilion on Development Block G.
12.
Shipyard does not intend to develop the Tennis Pavilion on Development Block
13.
Irrespective of whether any users of the Tennis Pavilion would be required to pay
G.
in order to use the Tennis Pavilion, the Tennis Pavilion was to be generally available for use by
the public.
14.
Shipyard has not developed the Tennis Courts on Development Block G.
15.
Shipyard does not intend to develop the Tennis Courts on Development Block G.
16.
Irrespective of whether any users of the Tennis Courts would be required to pay in
order to use the Tennis Courts, the Tennis Courts were to be generally available for use by the
public,
17.
Shipyard has not developed the Parking Spaces on Development Block G.
18.
Shipyard does not intend to develop the Parking Spaces on Development Block
G.
3
19.
Irrespective of whether any users of the Parking Spaces would be required to pay
in order to use the Parking Spaces, the Parking Spaces were to be generally available for use by
the public.
20.
In the 1997 Agreement, Shipyard also agreed to provide certain public access
improvements on Development Block G ("Public Access Improvements") in strict accordance
with the Architectural Plans.
21.
Shipyard has not completed the Public Access Improvements in strict accordance
with the Architectural Plans.
22.
Shipyard does not intend to complete the Public Access Improvements in strict
accordance with the Architectural Plans.
23.
Instead of providing the Tennis Pavilion, Tennis Courts, Parking Spaces and
Public Access Improvements on Development Block G in strict accordance with the
Architectural Plans, Shipyard intends to construct two (2) eleven-story residential towers on
Development Block G.
FIRST COUNT
BREACH OF THE 1997 AGREEMENT
24.
Plaintiff repeats the allegations contained in the foregoing paragraphs and
incorporates those allegations herein by reference.
25.
Plaintiff and Defendant entered into the 1997 Agreement in consideration of the
mutual undertakings set forth therein.
26.
Shipyard has failed to provide the Tennis Pavilion, Tennis Courts, Parking Spaces
and Public Access Improvements in strict accordance with the Architectural Plans.
4
27.
Shipyard's failure to provide the Tennis Pavilion, Tennis Courts, Parking Spaces
and Public Access Improvements in strict accordance with the Architectural Plans has deprived
the public of recreational opportunities and waterfront access, to the detriment of the public
health and welfare in Hoboken.
28.
Shipyard intends to develop the property referred to as Development Block G in a
manner which is inconsistent with and contrary to the 1997 Agreement.
29.
As a result of Shipyard's failure to provide the Tennis Pavilion, Tennis Courts,
Parking Spaces and Public Access Improvements in strict accordance with the Architectural
Plans, Hoboken has lost tax revenue which otherwise would have been generated by these
improvements and as a result of their construction.
WHEREFORE, Plaintiff demands judgment against Defendant:
A. Declaring and finding Defendant to be in breach of the 1997 Agreement;
B. Interlocutorily enjoining Defendant from conducting any development or improvements
on the property referred to as Development Block G other than in strict accordance with
the Architectural Plans;
C. Ordering Defendant to provide the Tennis Pavilion, Tennis Courts, Parking Spaces and
Public Access Improvements in strict accordance with the Architectural Plans;
D. Awarding compensatory damages to Plaintiff;
E. Awarding interest, costs and attorneys' fees to Plaintiffs; and
F. Awarding such other and further relief as the Court deems just and equitable.
5
SECOND COUNT
DECLARATORY JUDGMENT UPHOLDING THE 1997 AGREEMENT
30.
Plaintiff repeats the allegations contained in the foregoing paragraphs and
incorporates those allegations herein by reference.
31.
Defendant has developed most, if not all, of the residential (1,160 units),
commercial retail (63,200 square feet) and parking (approximately 1,460 spaces) components of
the Project; however, Defendant has unilaterally abandoned other significant components of the
Project under the 1997 Agreement which would inure to the public benefit.
32.
A declaratory judgment pursuant to the uniform declaratory judgments law,
NJ.S.A. 2A: 16-50 et seg., is necessary and appropriate to resolve the uncertainty regarding the
respective rights and obligations of Plaintiff and Defendant under the 1997 Agreement.
WHEREFORE, Plaintiff demands judgment against Defendant:
A. Declaring and finding the 1997 Agreement to be in full force and effect;
B. Declaring and finding that Defendant remains obligated under the 1997 Agreement to
provide the Tennis Pavilion, Tennis Courts, Parking Spaces and Public Access
Improvements in strict accordance with the Architectural Plans;
C. Interlocutorily enjoining Defendant from conducting any development or improvements
on the property referred to as Development Block G other than in strict accordance with
the Architectural Plans;
D. Ordering Defendant to provide the Tennis Pavilion, Tennis Courts, Parking Spaces and
public access improvements in strict accordance with the Architectural Plans;
E. Awarding compensatory damages to Plaintiff;
6
F. Awarding interest, costs and attorneys' fees to Plaintiffs; and
G. Awarding such other and further relief as the Court deems just and equitable.
MARAZITI, FALCON & HEALEY, L.L.P.
Attorneys for Plaintiff
-
Dated: March 7,2012
CERTIFICATION PURSUANT TO R. 4:5-1
Pursuant to R. 4:5-1, I hereby certify that the matter in controversy is presently not the
subject of any other pending actions in any court. The matter in controversy here is not the
subject of pending arbitration proceedings. The matter in controversy is related to a pending
request by Plaintiff for an adjudicatory hearing in the Office of Administrative Law regarding a
permit which has been issued to Defendant by the New Jersey Department of Environmental
Protection for a proposed development on the project site. Other potential actions and/or causes
of action to enforce applicable federal and/or State statutory and regulatory provisions are
presently contemplated by Plaintiff. I further certify that there are no other parties of which we
are currently aware that should be joined in the action.
MARAZITI, FALCON & HEALEY, L.L.P.
Attorneys for Plaintiff
By:
Dated: March 7, 2012
7
EXHIBIT A
RESOLUTION
OF
PLANNING BOARD
OF
THE CITY OF
HOBOKEN
JAN 2 ~ 1997
GRANTING PRELIMINARY SITE PLAN
APPROVAL AND SUBDIVISION APPROVAL
TO SHIPYARD ASSOCIATES, L.P. WITH
RESPECT TO PROPERTY INCLUDING BLOCK
262, LOT 1; BLOCK 263, LOT 1; BLOCK
264, LOT 1; AND A PORTION OF BLOCK
261, LOT 1 AT 1201-1345 HUDSON
STREET. HOBOKEN, NEW JERSEY
RECITALS
A.
The Planning Board of the City of Hoboken (Planning
Board) is a duly constituted body authorized by statute and
municipal ordinance to be responsible with respect to the orderly
development and planning of property use within the City.
B.
The Applicant in this matter is Shipyard Associates,
L.P., a New Jersey limited partnership, of which Shipyard
Development corp.
(whose stock is solely owned by Joseph Barry)
is the sole general partner and the limited partners are at this
time Joseph Barry, David Barry, Michael Barry, Lisa Barry, Joseph
J. Cicala, Leigh Ann Carr, Allen F. Goldman, and Barbara oifStack.
C.
The Applicant is the owner of the sUbject property.
D.
The Applicant filed two applications on or about
September 30, 1996 with the Hoboken Planning Board for (i)
preliminary site plan approval for a proposed Planned Unit Development comprising residential use (1,160 units), commercial
(retail) use (63,200 square feet), parking (1,459 spaces), open
space, recreational use, and various streets, all as more particularly set forth in the Plans, Drawings, and Reports sUbmitted
with the Application and as amended and modified in the course of
the hearings, and (ii) preliminary major sUbdivision and Planned
unit Development approval in accordance with the Application and
as amended and mOdified in the course of the hearings.
E.
Hearings, held on proper statutory notice and pUblica-
tion of notice according to law, took place on December 3, 1996,
December 5, 1996,' December 10, 1996, and December 17, 1996.
F.
The Applicant has complied with all necessary jurisdic-
tional requirements with respect to bringing the applications
before the Planning Board for pUblic hearing.
G.
The Applicant was represented in the matter by Laurence
B. Orloff, Esq. of Orloff, Lowenbach, stifelman & Siegel, P.A.
The Planning Board was represented by John Carbone, Esq.
No
other appearances of counsel were made in the matter except that
James v. Segreto, Esq. of Segreto & segreto was called as a
witness by the Applicant and gave testimony, inter alia, on
behalf of his clients, Martin Vitale, Martel, Inc., Lea ClOUd,
and Pat and Leeann Severino.
H.
Although the opportunity was offered, no other party or
member of the pUblic, either directly or through counsel, asked
to be afforded interested party status or to participate in the
-2-
proceedings other than to give testimony or make comments under
oath as a member of the pUblic.
I.
The Applicant introduced, on its own or at the request
of the Board, into evidence in the course of the hearings, the
exhibits set forth and identified on Exhibit A hereto annexed.
J.
The Applicant produced at the hearings the testimony of
the following witnesses:
James V. Segreto, Esq.; Thomas P.
McGinty of Beyer Blinder Belle, Architects; Timothy W. Gillen of
CME Associates, Engineers; Gary W. Dean, P.E., of Atlantic
Traffic & Design Engineers, Inc., traffic engineers and consultants; and Barbara oif Stack, Esq., general counsel to the
Applied Companies and to the applicant.
K.
Each of the aforesaid witnesses produced by the Appli-
cant was cross-examined by one or more members of the Planning
Board and/or its counsel, and was made available for crossexamination by members of the pUblic.
L.
Members of the pUblic were afforded the opportunity to
testify at the hearings and 12 members of the pUblic presented
their statements under oath, inclUding the following persons:
Ron Hine; DUdley Ryan; Christina Keating; victoria Rospond; Leah
Healey; Donna Cahill; Neil McLaughlin; Shelly Miller; Anthony
Soares; Charles Tortorella; Doris China; and Paul Neshamkin.
M.
The Planning Board has had the benefit of advice from
and has received comments from Elizabeth Vandor, Municipal
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Planning Consultant and Andrew Hipolit of Boswell Engineering,
consulting engineers to the Board.
The reports and comments of
these professional consultants to the Board were introduced into
evidence at the'hearings, and the consultants were permitted to
and did cross-examine one or more of the Applicant's witnesses.
N.
Transcripts of the pUblic hearings conducted with
respect to the application are hereto annexed as Exhibit B.
o.
All Board members voting on this application partici-
pated in the hearings or certified, pursuant to N.J.S.A. 40:55D10.2, that they had read the transcripts of the hearings.
P.
The Planning Board has carefully considered the testi-
mony and exhibits on behalf of the Applicant, on both direct and
cross-examination, the reports from and comments of the Planning
Board's consultants, and the testimony and commentary of the
members of the public.
Q.
Based upon all of the evidence presented, and the
applicable law, the Planning Board has concluded, as hereinafter
set forth in detail by way of Findings and Conclusions, that
preliminary site plan and major SUbdivision approval should be
granted to the Applicant for the reasons stated and SUbject to
the terms and conditions set forth.
-4-
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of
the City of Hoboken as follows:
1.
The Board finds that the Applicant's plan provides
for the preservation of existing natural resources on the site,
and, by virtue of the proposed development of the 14th Street
pier, preservation and indeed enhancement of the ability to enjoy
the natural beauty of the waterfront area.
2.
The Applicant's plan provides for safe and effi-
cient vehicular and pedestrian circulation, parking and loading.
The Board accepts the testimony of the Applicant's traffic engineer in this respect and also accepts the revisions in the
Applicant's plan (A-21) to allow a drop-off area by the 14th
street pier" sUbject to NJDOT and DEPE approval.
3.
The Applicant's plan provides for adequate screen-
ing, landscaping, and proper location of structures, open space
and recreation in accordance with the purpose and intent of the
Planned unit Development (PUD) provisions of state law and local
ordinance.
4.
The Applicant's plan supplies adequate exterior
and street lighting required by law and necessary for reasons of
safety and security.
-5-
5.
The Applicant's plan includes adequate provision
for conservation of energy and use of renewable energy sources.
6.
The Applicant's plan includes adequate provision
for the recycling of recyclable materials in that it will comply
with the City of Hoboken's ordinance governing the recycling of
recyclable materials.
7.
The Applicant's plan calls for 1,160 residential
units, 63,200 square feet of retail space, 1,466 parking spaces
(as revised) of which 158 spaces are for retail use, and substantial open space in the form of a park, a fishing/recreational
pier, an extended waterfront walkway, view corridors, and a
tennis pavilion and courts, as well as open pedestrian and
vehicular passageways to and from the waterfront.
S.
The project is situated in the I-l(W) District,
known as the Waterfront Mixed Use SUbdistrict, under the Zoning
Ordinance, Chapter 196, of the City of Hoboken.
The project is
therefore subject to the bulk requirements of §196-17 and to the
Urban Design Review guidelines set forth in §196-27.1 of the
Zoning Ordinance of the City of Hoboken dealing with planned
developments and the applicable provisions of the Municipal Land
Use Law (N.J.S.A. 40:55D-l) and the Design Guidelines of the
South water Front.
-6-
9.
The Applicant submitted the appropriate applica-
tions for site plan review on September 30, 1996.
The Applica-
tion was deemed complete as of November 15, 1996.
10.
The Applicant has complied with all pUblic notice
provisions required by law pursuant to N.J.S.A. 40:55D-12.
11.
The Applicant has, in accordance with §196-26(D)
of the Hoboken Zoning ordinance, provided the required copies of
the plans and drawings, with the required details, as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
12.
Building and Impact Plan, including a zoning
and compliance table (Exh. A-5);
Written Impact Report (Exh. A-20);
Circulation and Lighting Plan (Exh. 4, SP10,
SP13) ;
Landscaping Plan (Exh. A-B)i
Facilities Plan (Exh. A-4, SP1lA AND 11B)i
Topographic Plan (Exh. A-4, SP12A AND 12B);
zoning Compliance Table (Exh. A-5).
The Applicant's plan does not depart from zoning
regulations' otherwise applicable to the SUbject property but
rather is in accordance with the provisions of the Hoboken Zoning
ordinance (Chapter 196) for planned developments.
No variances
are required in connection with Applicant's plan.
13.
The Applicant's plan for maintenance and conserva-
tion of common open space is reliable, and the amount, location
and purpose of the open space are adequate, SUbject to the
Applicant filing a Declaration of Covenants, Restrictions and
Easements containing substantially the terms set forth in Exhibit
D hereto.
-7-
14.
The Applicant's plan provides, through the physi-
cal design of the project, for adequate public services, control
over pedestrian and vehicular traffic, light, air, recreation and
visual enjoyment.
15.
The Applicant's planned development will not have
an unreasonably adverse impact, and in fact will have a positive
impact, upon the area in which it is proposed to be established.
16.
The Applicant's planned development provides
adequate protection for the interests of the pUblic and the
residents, occupants and owners during the period of years during
which construction of the project is contemplated to be taking
place.
17.
The Applicant's plan creates a vehicular and
pedestrian circulation system of pUblic and private streets,
pathways and public open space which interconnects with existing
and adjacent streets (12th, 13th, 14th, and Hudson streets) in a
design Which optimizes traffic flow in and out of the development, as testified to by the Applicant's traffic engineer, Gary
W. Dean, which testimony the Board accepts, SUbject to the
provisions of Paragraph 41 below.
18.
The Applicant's plan does not preclude any further
linkage to any western bypass road.
19.
The Applicant's plan creates a development block
pattern within the framework set forth in §196-27.1B(3).
-8-
-9-
circulation, infrastructure improvements, and pUblic access to
the waterfront and/or PUblic open spaces.
27.
The Applicant's plan includes all of the uses set
forth in 5196-27.1(B) (5) .
28.
The Applicant's plan contains no dwelling unit of
less than four hundred (400) net square feet.
29.
The Applicant's plan conforms to the requirements
of Hoboken Zoning Ordinance §196-17E(b) [4][5] in that the proposed residential buildings are not in excess of 125 feet in
height inasmuch as the total gross use area for residential uses
does not exceed the gross use area which will be permitted at an
8-story height limitation under the applicable formula, and the
range of gross use area devoted to residential use and gross use
area devoted to the total of all common, pUblic, or quasi-public
uses are within the percentage minimums and maximums set forth in
the ordinance.
30.
All on-site parking in Applicant's plan is either
(i) in enclosed structure or (ii) in open areas which are shielded or screened to SUbstantially prevent parked cars from being
observed at grade level from outside the project in accordance
with section 196-27.1(B) (2)(C).
31.
The design (including the exterior wall materials)
of each enclosed parking facility in the Applicant's plan has
-10-
been designed to resemble the exterior wall of the residential
building in which the parking facility is located.
32.
The Planning Board accepts the testimony of the
Applicant's traffic engineer and finds that the traffic plan,
with signals at 12th and Hudson and 14th and Hudson, will provide
adequate roadway and intersection capacity at 12th, 13th, 14th
and Hudson streets and will achieve an acceptable level of
service at all times, including peak hours; and that the traffic
flow and pattern within the site provides safe and efficient
circulation to and from the site and complies with all existing
regUlations.
33.
The Planning Board accepts the testimony of the
Applicant's architect and engineer and finds that the project
complies in all respects with the Hoboken zoning and subdivisionordinances,"with all DEPE standards for waterfront development,
and that it has been designed to be in compliance, when built,
with existing BOCA regUlations.
34.
The Applicant's plan provides adequately for
lighting, grading, storm sewer, sanitary sewer, storm drainage
(post-development), soil erosion and sediment control, and flood
control.
35.
The Applicant's plan provides for adequate utility
service, inclUding fire hydrants, water, gas, electric, telephone, cable television, sanitary sewer, and traffic signaliza-11-
tion equipment that there is sufficient capacity to meet those
needs and that the utilities have indicated their willingness and
ability to service those needs.
36.
The Applicant's plan complies with all regulations
governing access to the site.
37.
The Applicant's plan satisfactorily addresses and
promotes the public health, safety and general welfare, comfort
and convenience of the general public and the general purposes
and interests of the Hoboken zoning Ordinances.
38.
Preliminary site plan approval and preliminary
subdivision approval as a Planned unit Development are hereby
granted to the Applicant, sUbject only to the following conditions:
(a)
Approval by the Hudson County Planning Board
in accordance with law;
(b)
Approval by the DEPE with respect to any and
all permits required to comply with its Waterfront Development
Guidelines and Coastal Permit Program rules, provided however
that such minor variations from the plan, if any, as shall be
required by the DEPE with respect to the location of seating,
shrubbery, and other amenities on the waterfront walkway shall
not be deemed to be an alteration of the plan or a violation of
this condition.
-12-
(c)
Applicant must obtain all other necessary
state, county, and federal approvals, if any.
(d)
Access to the park area (Development Block B)
shall be regulated by the Applicant in accordance with reasonable
rules and regulations substantially in the form of Exhibit C
hereto annexed.
(e)
The Applicant will grant pedestrian and
vehicular easements to the city of Hoboken along Lot 2, Block 262
and Lot 2, Block 263 to provide an unrestricted right of access
over the easement area to the residents of the city of Hoboken
and their guests and invitees provided however that the easement
area or any part thereof shall be closed by the Property Owners'
Association whenever it deems closure necessary to perform any
repairs or to undertake any improvement.
(fl
The Applicant will grant a perpetual easement
to the New Jersey Department of Environmental Protection and
Energy (DEPE) over the waterfront promenade to provide access to
the waterfront and create a landscaped park along the Hudson
River which will provide passive recreation opportunities for the
pUblic including strOlling, bicycling, jogging, recreational
fishing, and gathering, which easement will further prohibit any
development in the easement area and will dedicate it for all
times as a pUblic open space, provided however that the unlimited
public access to the Conservation Easement at all hours of the
-13-
day shall be subject to reasonable restrictions against littering, barbecuing, playing of loud music, disturbing the peace by
users of the Conservation Easement.
(g)
The Applicant will grant to the City of
Hoboken a perpetual non-exclusive easement and right-of-way
across Lot 2, Block 262 and Lot 2, Block 263 for police, fire
protection and sanitation services to the residents and businesses located in the project.
(h)
The Applicant will execute and cause to be
recorded a document restricting for a period of 25 years from the
date of this Resolution the development of undeveloped water
areas on the site,
(defined as land under water over which no
pilings, piers or platforms exists as of the date of this Resolution), such restriction to name the City of Hoboken as
beneficiary; provided however that the restriction shall specifically permit the development of a marina SUbject to DEPE and City
of Hoboken approval and provided further that the restriction
shall be recorded at the time of final site plan approval.
(i)
The Applicant shall use its best efforts,
where feasible and affordable, to use design materials and design
guidelines in the construction of the walkway in accordance with
the Southern Hoboken Waterfront Development Plan and Design
Guidelines.
-14-
(j)
No riverborne pUblic transportation shall be
included in the project without approval of the Planning Board of
the City of Hoboken.
(k)
The Applicant shall include in its tenancy
arrangements with commercial tenants a requirement that the
tenant pay for and utilize, for employee parking, designated
spaces in the parking garages forming part of the project.
(1)
SUbject to such authorizations and approvals,
if any, as may be necessary, on-street parking shall be permitted
on one side of North Park Road and South Park Road within the
project.
(m)
In the event that the site is improved by
more than a single developer, the City of Hoboken shall have the
right to require a performance bond.
39.
Access to the 14th street pier area must be
regUlated by the Applicant in accordance with reasonable rules
and regulations, including a limitation upon hours of operation,
but subject to approval of the DEPE.
40.
Applicant will be responsible in perpetuity for
the construction, maintenance, and repair of all streets and
walkways within the project, except with respect to such streets,
if any, as are conveyed to, or for which responsibility is
assumed by, the County of Hudson.
-15-
Appropriate agreements will be
entered into between the City and the County and the Applicant as
required.
41.
In the event a Light Rail system has been approved
and is in effect adjacent to the project at the time cf final
approval, the Planning Board shall have the right at the time of
final site plan approval, sUbject to the recommendations of a
qualified traffic engineer engaged by the Planning Board, to
alter the traffic pattern on the project as a result of changes
to or impact upon patterns resulting from the introduction of the
NJT Light Rail.
42.
If required as a result of future development, and
as long as it does not interfere with the development of the project, the Applicant at the time of development will install a
wall and/or a fence, as may be reasonably required at the Southern border'(facing the Maxwell House property) of the project.
43.
At the time of final site plan approval of the
last phase of the project, sUbject to the recommendations of a
qualified traffic engineer engaged by the Planning Board or the
city of Hoboken, the Applicant shall grant to the city of Hoboken
a maximum of two perpendicular access easements at 12th Street to
allow the city to extend the proposed north-south street grid
pattern.
44.
The Applicant shall have the right to construct
the project on a phased basis and apply for and obtain final site
-16-
plan approval with respect to separately completed components of
the project.
In the event such phased applications are made,
performance guarantees may be requested by the Board for the
completion of said improvements.
45.
The Applicant agrees that, notwithstanding the
terms and conditions of this agreement, the Applicant shall be
bound and obligated to comply with all applicable ordinances,
codes and regulations of the City, the County of Hudson, and the
state of New Jersey or its agencies.
46.
Nothing in this approval shall authorize the use
or occupancy of any building prior to the issuance of a temporary
or permanent certificate of occupancy in accordance with the
codes and ordinances of the City.
47.
The Applicant shall create the easements, estab-
lish the property owner's association and take whatever other
steps are required to implement the control and access arrangements for use and maintenance of common areas and open space.
48.
The Applicant will grant perpetual non-exclusive
and right-of-way access across Lot 2, Block 262 and Lot 2, Block
263 and all private streets within the project, to the City of
Hoboken and other like entities for police, fire, safety and
sanitary service.
49.
The Applicant will enter into a Declaration of
Covenants and Restrictions with a property owner's association
-17-
containing sUbstantially the terms and conditions annexed hereto
as Exhibit D for the maintenance and conservation of the common
open space on the project site.
50.
If any of the individual findings or conclusions
or conditions as stated in this Resolution are sUbsequently
declared invalid, the remaining findings and conclusions shall be
deemed sufficient to support the decision of the Board and the
remaining conditions.
51.
The city of Hoboken shall designate the names of
the streets on a final map.
52.
The Applicant shall develop, prepare and improve
the sUbject premises so as to conform with all the details as
shown on the aforesaid plan and sUbmissions and in accordance
with the zoning ordinances, building codes, health codes, and any
other applicable statutes or regulations unless expressly stated
to the contrary within by the approvals granted.
53.
The Applicant will file with the Board, an opinion
issued by an Attorney at Law of the state of New Jersey testifying to the Board that the title to the lands in question are
validly vested in the Applicant, noting any easements, restrictions or covenants affecting said property.
54.
The Applicant shall be and remain liable for any
and all damages or money loss occasioned by the City of Hoboken
or its officers or agents by any neglect, wrong-doing, omissions
-18-
or commissions by the Applicant arising from the making of
improvements required under applicable conditions or ordinances
or provisions of the plan approval and shall save, indemnify,
hold harmless the City of Hoboken or Board, its officers, agents,
employees, and all charges, jUdgments, costs or counsel fees
arising from such damages or loss.
The Applicant agrees not to
commit any pUblic or private nuisance by reason of dirt, dust,
debris, air-pollution, noise pollution, gas, smoke, or other
occurrences resulting from the construction or installation or
operation authorized by the approval of this plan or any building
permit issued in pursuance thereof.
55.
The Applicant shall correct and make safe any
dangerous or unsafe condition caused by the Applicant or those
acting on its behalf affecting pUblic safety or general welfare,
if any such"' condition develops.
56.
In the event that such condition exists, notice
shall be given by certified mail or in person to the Applicant by
the Engineer or Zoning Officer, whereupon Applicant shall correct
such condition within a reasonable period of time, and if the
Applicant shall fail to do so, the city may order the corrective
work done, business operations ceased, construction work stopped
in the affected area, or until the condition is corrected and the
applicant shall reimburse the city for all reasonable costs and
expenses incurred thereby.
-19-
57.
Nothing in this approval shall authorize the use
or occupancy of any building prior to the issuance of a certificate of Occupancy in accordance with the codes and ordinances of
the City.
58.
It is agreed that any transfer, conveyance or sale
of the premises, in whole or in part, shall not operate to
relieve the Applicant from its obligations hereunder without the
express written consent of the Board.
59.
The Applicant agrees that, notwithstanding the
terms and conditions of this agreement, the Applicant shall be
bound and obligated to comply with any and all ordinances, codes,
and regulations of the city, County of Hudson, and state of New
Jersey or its entities.
60.
Applicant must comply with the necessary require-
ments of the zoning ordinances of the City of Hoboken and the
Municipal Land Use Act of the state of New Jersey N.J.S.A.
40:55D-1, et seq.
61.
The Board approves and the Applicant, if required,
has agreed to post sufficient performance guarantees for improvements, maintenance, replacements, road openings, road vacations,
site improvements, off-site improvements, inspections, engineering costs, legal fees or otherwise in an amount to be determined
by the Engineer and the Attorney as provided by statute and
-20-
municipal ordinances and further approves payment and disbursement of escrow funds which have been held by the City.
This application was approved by the Board at a special
meeting held on January _7__ , 1997, and this Resolution was
approved by the Board on January _7__ , 1997 upon the Motion of
Joyce Tyre 11
7
yeas and
__ nays.
I do hereby certify that this is a true and correct
copy of the Resolution as adopted by the Planning Board of the
City of Hoboken, County of HUdson, state of New Jersey, in the.
within application.
-21-
J~,N 291997
EXRIEIT A
Exhibit #
Descriotion
A-l
Letter deted 11/25/96 from Applied Companies
to Planning Board Chairman
A-2
site plan review application dated 9/30/96
A-3
Subdivision application dated 9/30/96
A-4
Drawings 5P10-SP22, comprising the following:
SP10 - Paving and Traffic Plan
SPI1A - Facility Plan
SP11B - Facility Plan
SP12A -
Grading Plan
5PI2B - Grading Plan
SPI3 - Lighting Plan
SPI4 - Soil Erosion and 5ediment Control
SP15 - Pos~ Development Drainage Map
SP15A - Road Profiles
SP16A - Road Profiles
SPI6B - Road Profiles
SP17 - Detail of oil separator
SP18 - Miscellaneous Details
SP19 - S~andard Storm Drainage Details
SP20 - Standard Sanitary Sewer
SP21 -
S~andard
Water Main Details
SP22 - Soil Erosion
A-5
SPOI - Building Impact Plan and Zoning Tables
A-6
SP02 - P.D.D. Subdivision
A-7
SP03 -
A-8
ccmposi~e
A-9
SP06 - Ground Level Plan
A-l0
SP07 -
Parking Level PlaD
A-1I
S?08
Res:dential Level Plan
A-12
SP09 -
12&428.1 12117/%
-
P.D.D.
Subdivision
of SP04 and SP05 Landscaping Plan
Elevations
-i-
A-13
Aerial photograph taken in 1990
A-14
Composite of SPllA and SP11B
A-15
Letter dated 11/7/96 from county of Hudson
Deoartrnent of Engineering & Pl·anning, signed
by"Borivoj Jasek
A-16
Settlement Agreement dated 10/30/96 between
Shipyard Associates, L.P., Joseph Barry,
Martale, Inc., and Martin Vitale
A-17
Letter Barbara Stack, Esq. to Carlos
Rodriguez of State Planning Commission dated
12/22/96
A-18
Professional profile of Gary Dean, P.E.
A-19
Traffic Impact Analysis dated 9/25/96 by
Atlantic Traffic & Design Engineers, Inc.
11,-20
Impact report of Beyer, Blinder, Belle, dated
10/16/96
A-21
Revision of SP05 (Landscaping Plan)
A-22
Letter from Boswell McClave to Planning Board
A-23
Ten page letter dated 11/6/96 from Boswell
McClave to Planning Board
A-24
Eight page letter dated 12/3/96 from Boswell
McClave to Planning Board
A-25
A-26
Two page letter dated 10/18/96 from Joseph J.
Cicala to Planning Board
Eight page
let~er
dated 11/22/96 from Beyer!
Blinder, Belle to Boswell McClave
A-27
Two page letter dated 12/4/96 from Beyer,
Blinder, Belle to Boswell McClave
A-28
Four page letter dated 12/5/96 from CME
Associates to Boswell McClave
A-29
128428.1 12/l.7I%
Storm sewer design and analysis
-ii-
A-30
Three-page Memorand~~ dated 10-07-96 from
Vandor & Vandor to Planning Board
A-31
TWo page memorandum dated 10-21-96 from
Vandor & Vandor to Planning Board
A-32
Four page memorandum dated 12-03-96 from
Vandor & Vandor to Planning Board
12842U 121l7/%
-iii-
Exhibit B
TRAl"iSCRIPTS
Exhibit C
RIVERWALK PARK
RULES AND REGULATIONS
Riverwalk Park will be a privately owned park which is intended to be open to the
public. The following rules and regulations have been established to encourage a
safe, pleasant and enjoyable experience for all visitors to the park.
1.
INJURY TO PARK PROPERTY
No person shall mark, deface, tamper or remove any benches, seating, fountain,
railings, pavings, signs or other property in the park. No person shall climb any
monument, tree, fountain, railing, fence or any other property not customarily used for
such purpose.
2.
DA.MAGE TO VEGETATION
No person shall cut, carve, transplant or remove any tree, plant or other
vegetation, dig or otherwise disturb grass areas or in any other way injure or impair the
natural beauty of the park.
3.
REFUSE
All refuse and trash shall be placed in the proper trash and recycling receptacles.
No person shall bring in or deposit any bottles, broken glass, paper boxes or any other
refuse or trash.
4.
USE OF BICYCLES A."ID SKi\.TES
No person shall ride a bicycle, skates or skateboard through the park.
5.
PETS
Pets shall at all times be under the control of their owners. Any feces deposited
by a visitor'S pet shall be removed and wrapped in plastic or paper and placed in
receptacles in the park.
oif\shiuyard\parknJles
6.
ALCOHOLICBEVERA.GES
No person shall bring in alcoholic beverages, drink alcoholic beverages or be
under the influence of alcoholic beverages at any lime in the park.
7.
FIRECRACKERS
No person shall bring in or set off any fire cracker or other explosive or throw
them into the park.
8.
USE OF SEATING
No person shall sleep in the park or protractedly lounge on the seats or benches.
9.
DISORDERLY COJ'..'DUCT
No person shall engage in loud, boisterous, threatening or abusive language,
engage in any disorderly conduct or disturb or interfere unreasonably with any other
person's use of the park. No person shall engage in any conduct prohibited in public
parks.
10.
MTJSIC
No person shall play radios or loud music at any time.
11.
MERCHANTIISING
No person shall offer any-article or thing for sale or station or place any stand or
cart in the park or on the sidewalk or streets adjacent to the park, except with the consent
of the park owner.
12.
SIGNS
No person shall post placards or advertisements anywhere in the park or on the
sidewalks or streets adjacent to the park, except on designated community bulletin boards
with the consent of owner.
13.
HOURS OF OPERl\TION
A.
The park shall be open daily from 7:00 A.M. to 10:00 P.M. Persons may
traverse the park after hours as a normal means of access to and from buildings adjoining
oibshipyard-parkrules
14.
VIOLATIONS OF PARK RULES AND REGULATIONS
A.
Any person who shall violate park rules and regulations must leave the
park at the request of park security. Security personnel shall have the authority to
regulate the activities of visitors when necessary to secure the adherence to park rules and
regulations. The visitors shall comply with any directives given by security personnel.
B.
Any person who repeatedly violates park rules and regulations shall be.
restricted from entering the park.
15.
AlYfE'N'DNffiNTS
These rules and regulations may be amended from time to time.
cifehipyerd'parkrules
Exhibit D
FOR ~_~INTENANCE OF COMMON
OPEN SPACE IN THE SHIPYARD AT HOBOKEN
PROPOS.~
The maintenance of
COmIT.cn
JAN 2 91997
open space in the plarilled unit
development known as The Shipyard at Hoboken (the lIPUDll) will be
governed by a Declaration of Covenants, Restrictions and Easements
which will encumber the entire si~e and a Ccnservacion Easement to the
New Jersey Department of Environmencal Protection over the waterfront
promenade as re~~ired by the Rules on Coastal Zone Management.
OF TERMS OF PROPOSED DECLAP~JION
OF COVEN~~TS, RESTRICTIONS ~~ EASEMENT
S~~~Y
Purpose:
The Declaration of Covenants, Restrictions and Easements
will be the governing document which will create a Property
Owners' Association to (ij maintain all com~on areas in the
PtJD, (ii) obligate each lot Owner to contribute its
propo~tiona~e share of common area expenses,
(iii) grant
easements rights to each property owner, to the Property
Owners I Association and to the public for access over the
private s t r-ee t.s and s i dewa Lks and through the liMachine Shopl!
and (iv) impose certain restrictions and obligations on all
property owners,
The Declara~ion will be recorded in the
land records and will be a covenant running with the land
binding all present and future property owne-rs in t.he PUD,
Property
O~mers
Association:
The Applicant and any person or entity who may hold title to
a lot in the PUD in che fu~ure shall, during the period of
its ownerhsip, be deemed a member of the Proper~y Owners!
Association, which shall own and have full operacing and
maintenance responsibility for the private streets and
sidewalks within the project. The Property Owners'
Association shall also be designated as the party
responsible for maintaining and managing the waterfront
walkway, the 14th street pier and the park on Development
Block B.
oif\5hipyard\summ~ry~
Cammon Area Maintenance:
Each lot owner will be re~Jired to pay to the Property
Owners' Association assessments eq~al to its proportionate
share for the following expenses required to maintain the
private streets and sidewalks, the waterfront promenade,
pier and the park on Development Block B (collec~ivelYl the
II Common Areas II) :
1.
real estate taxes;
2.
casualty and liability insurance, workers
compensation/ fidelity insurance;
3.
exterior lighting;
4.
general maintenance, including street cleaning)
sidewalk sweeping and snow removal;
5.
maintaining and replacing planting, landscaping
and park imp~ovements including benches, kiosks,
etc. i
6.
repair and replacement of streets, sidewalks and
utility lines;
7.
professional management fees and/or salary and
fringe benefits for anyon-site management
pe r sonne L,
8.
replacement reserve: and
9.
any
o~her
operating
eA~enses
deemed necessary
The Property Owners Association shall elect a Board of
Directors from its membership which will be the governing
body responsible for decision-making and implemen:ation of
the obligations of the Property Ovmers 1 Association .
I
As s e s sment s .
The Board of Direccors of the Property Owners! Association
each year shall establish the amount of the annual
assessment due by the property o~~ers Ior all Common Area
expenses.
Any assessment which 'is not paid when due shall
become a lien against the proper~y oI the delinquent
property owner entitling the Proper~y Owners' Association to
oif\shipyard\summaryl
2
foreclose the lien.
The Board of Directors shall be
authorized to le"V"JT special assessments for any extraordinary
or unanticipated expenses, including capital improvements as
the Board may deem necessary.
Easements:
The Declaration will include the following easement rights:
1.
Each property owner shall be granted the following
easements co the Common Areas:
A.
Easement over the private streets to any bUilding
fronting on a privace street.
B.
Reciprocal easements between adjacent lots and
each lot and any portion of the Common
Area for any encroachment due co settling or
shifting of the improvements.
betwee~
2.
The Property
O~~ersl Association shall have an
easement to enter on any lot to perf Olin required
maintenance obligations.
3.
The public will be granted easements for access over
the priva~e street and sidewalks as well as through
the Machine Shop for access to the waterfront.
CONSERv~~TION
EASEMENT
The Applicant will grant a Conservation Easement to the New
Jersey Department of Env~onmental Protection (1IDEpll)
the purpose of
which is to provide for the prese~vation and maintenance of the
waterfront walkway for use by the public.
The terms of the easement
are established by DEP and generally safeguard the use of the easement
areas as a common open space for the public bYr for example, assuring
the continued maintenance of the easemen~ area and t prohibiting
construction of any development within the easement area or
destrJction or removal of any trees, shrubs or vegetation within the
easement area.
The goal of the easement is to preserve and protect
cons e rve.t.i on values.
The Property Ovrners I As s oc i at i.or. will be
responsible for maintaining the walkway as described in the S~mmary of
the Declaration of Covenants, Rest.rictions and Easements.
I
oif\shipyard\summa~!l
3
EXHIBITB
'r,;.dOt'JOOJ 13: 22 FAX 201 963 5020
APPLIED DEVELOMF
--
1 ""'
Ii!J 002
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,
.,~
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A-lIlD
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~(Q)[FVW
GENERAL DEVELOPMTh'"'t PLAN
(l
,',
TIllS AGREEl\iENT, dated this
day of!j(i/J"pt
'1 ,/
>
1997 among
the CITY OF HOBOKEN, a municipal corporarion of the Stare of New Jersey, with offices
at City Hall, 94 Washington Street, Hoboken, New Jersey 07030 (the "City"), the
PLANNING :BOARD Of THE CITY OF HOBOKEN, a duly authorized municipal planning
board, with offices at City HaJI, 94 Washington Street, Hoboken, New Jersey 07()3{1 (tbe
"Board") and SH1PYARD ASSOClA TES, LP., a limited partnership, with offices at do
The Applied Companies, 5 Marineview Plaza, Suire 500, Hcboken, New Jersey 07030 (the
"Developer") .
WIT N E SSE T H:
WHEREAS, the Developer made application
10
me Planniog Board
of
me
City of
Hoboken for Preliminary Site Pian for a Planned Unit Development and Preliminary M:ajor
Subdivision (PUD) [the" Approvals"] for property commonly mown as Tax BlOCK 262, Lot
1; Block 263, Lot 1; Block 264, Lot 1; and a portion of Block 261, on th~ Tax and
Assessment Maps of the City of Hoboken, Hudson County. New Jersey s: Lot I at LZ011345 Hudson Street, (the "Property"); ano
"\'REREAS, at a regular meeting of the Planning Board held on January 7, 1997 and
memorialized by written Resolution dated January 7, 1997,
th~
Planning Board approved me
Developer's application for Preliminary Site Plan for a Planned Unit Development and
Preliminary Major Subdivision (pUP) [the" Approvals"] for the Property; and
WHEltEAS, the Preliminary Site Plan Approval is for a proposed Planned Unit
6K
52 2 I PG 335
i
BARBARA OIFSTACK, ESQ.
THEAPPLIED coMPANlES
5 MAH.lNE VIEW PLAZA, SUITE 500
HOBOKEN, NEWJERSEY Oi030
'97110,':!'OO~ 13: 22 FAX 201 B6:! 5020
-'
~'.
APPLIED DEYELOllF
r_
Development comprising 1160 residential units, 1466 parking spaces 63,200 square feet of
commercial/retail space, public open space, private open space, passive recreational use and
the eltlllns10n of various
~treet~ (the
"Project"), all as more particularly set forth in the
engineering plans revised to January 22, 1997 prepared by CME Associates, Consult1\1g
Engineers and the architectural plans revised IP January 22, 1997 prepared by Beyer Blinrler
Belle approved by the Planning Board (the' Approved Plans"); and
WHEREAS, final Major SUbdivision approval to subdivIde the Property into 11
lots as more particularly set forth in the Approved Plans
was
=
granted by the Planning B6arl!
pursuant to a resolution dated August 21, 1997; and
WHEREAS, the Planning Board of the City of Hoboken granted the approvals after
various public meetings were held in the City of HOboken on SUbject to tile posting by the
Developer of the necessary bonds, fees and execution of a Developer's Agreement and roch
other matters as are set forth in the PlanningBoard's Resolution dated January 7, 1997; and
WHEREAS, the Developer shall construct this development project in strict
accordance with the plans as presented to the Planning Board, which plans were marked into
evidence. The final exterior design, del:llils and construction drawings of this project shall be
subject to, and in accordance with, the approval of the City Building Department and, insofar
as there ate any modifications to the Approved Plans, the City Engineer, particularly as to
pavement, excavation, footings, foundations, deck construction and water, gas, sewer and
drainage connections and facilities; and
WlIEREAS. all drawings and documents described above are
Oil
file with the City of
Hoboken Planning Board and are incorporated herein by reference and made part of this
2
St: 522 I PG 33h
b7/10/Z003 13: 23 FAX 201 ge3 5020
APPLIED DEYELOMF
I4J 004
Ag:reemenr; and
~,
the building plans shill reflect the requirements of the. Hoboken
Planning Board as contained in its Resolutions dated January 7, 1997 and August 21, 1997
and any amendments thereafter that may be adopted; and
'I'I'lIEREAS. the Approvals adopted by the Board require the Developer to enter into
an agreement with !he City in connection with the following:
A. OIl site and off site street improvements and traffic improvements.
B. Street dedications and utility easements EO the City,
C. The design, location, public use, maintenance and conservation of the proposed
Public Access Walkway.
D. The use, designation, design, conservation and maintenance of the proposed
public open 'pace.
E. The
use, designation, design, maintenance and conservation of the proposed
private open space.
r.
The grading, storm water dr:ai.nage, soil erosion. sediment control and flood
coorrol for the Project.
G. Transfer of the Property.
H. All required Pederal, State and County permits and approvals.
L Phasing of the Project and performance guarantees by the Developer.
NO W THEREFORE, in consideration of the mUl1lal undertakings set forth below,
the parties hereto agree to the following terms, covenants and conditions:
3
Bt: 522 ) PG 337
07/l0/lo03 13: 23 FAX 201 ~$3 ,020
I4J 0 05
APPLIED DEVELOMF
:;
ARTICLE I
ROADWAY IMPROVEMRII1TS AND TIUFl'1C rM:PROVEMENTS
1.
The Developer • at Developer's sole
COSt
and expense, shall construct all
extensions and related work to all public and private roads and streetS as ser forth
011
Street
lhe
Approved Plans (the "Roadway Improvements").
2.
Developer, at Developer"s sole cost and expense, shall make any and all
necessary traffic improvements (the "Traffic Improvements"), including the installation of
signalization and signage, subject to the required approvals of the New Jersey Department of
Transportation (NJDOT) and County of Hudson.
3. The ell)' shall accept any Traffic Improvements within
'IS jurisdiction upon
completion of such improvements in accordance "lith the Approved Plans. Until such lime
as the Cil)' accepts the Tnffic Improvements, tbe Developer, at Developer's sole COst anc
expense, shall maintain such Traffic Improvements. Should the County of Hudson fail to
accept or maintain any traffic improvements within its jurisdiction. then funds necessary to
maintain the traffic improvements referred to herein shall be derived from the Developer's
maintenance bond referred to in Article VI.
ARTICLE II
STREET DEDICAnONS AND VTlUTY EASEMENTS
The Developer shall grant a perpetual maintenance and repair easement to the City for
the fire loop around proposed Buildings A, B and C, for the purpose of installation,
maintenance and repair, at Developer's sole
hydrants serving these
building~.
COSt
and expense, of tMe water utility and fire
Any and :ill funds necessary to maintain the improvements
4
51:: 522 i PG 338
t.
'.
07/10r200~
13:23 FAX 201 963 ,020
APPLIED DEVELOilF
~006
referred to in this paragraph shall be deriVed from the Developer's maintenance bond
referred to in Article VIARTICLE ill
PUBLIC ACCESS WALKWAY
l. The Developer, at Developer's sole cost and expense, shall construct the Public
Access Walkway, designated as the promenade on the Approved PI.,.,., in accordance with
regulations (the "Public Access Walkway"),
2. The Developer shall grant a conservation easement to the NIDEP over the Public
Access Walkway in order to provide access to the waterfront and create a landscape pork
lllong the Hudson River which will provide passive recreation opportunities for tile public
including strolling, jogging, recreational fishing and gathering, which easement will further
prohibit any development in the Public A = Walkway, provided however that the
unlimited public access 10 the Public Access Walkway at all hours of the day shall be subject
to reasonable restrictions against littering, barbecuing, playing loud music and disturbing the
peace by users of 111e PUblic Access Walkway, subject to the approval of the City and
NJDEP.
ARTICLE IV
PtJ"BLlC OPEN SPACE
1. The Developer, at Developer's sole cost and expense, shall construct the +/28,650 square foct Riverwalk Park designated as Development Block B Lot 4 on the
Approved Plans, as well as the 14th Street fishing/=eat.ional pier area located on the
5
Sf:
52 2 i PG 339
07110/2603 13: 23 FAX 201 963 5020
i4J 007
APPLIED DEVELOMF
Approved Plans. Additionally, the Developer shall simultaneously with the execution of the
WIthin Agreement provide and cause to be recorded with the County Register perpetual .
pedestrian easement, over streets and sidewalksIccated on all private streets in the PtlD
referred to as Block 262 Lot 2 ana Block 263 Lot 2. on the Approved Plans in orcer to
ensure open pedestrian and vehicular passageways to and from the waterfront. The
Developer shall further grant easeesent rights to the pUblic for access over all private streets
.illld sidewalks and through the Thirteenth Street Passage in the "Machine Shop· located Oil
the Approved Plans.
2.
The Developer shall gl"fl.l1t a license in recordable form to the City over
Riverwalk Park, 10 provide passive recreation opportunities for the public including, but not
limited to, strolling, jogging and gathering.. which license may be revccabte at any time by
the
Developer With the consent of the Mayor and City Council. Riverwalk Park may be
closed whenever closure is necessary to perform any repairs or make improvements to the
park upon notice to the City, unless do.ing. is required to repair any dangerous condition on
rite, in which case the Developer shall notify the City as soon as practicable.
3.
Public access to Riverwalk park shall be regulated by the Developer it,
accordance with the rules and regulations attached herem as Schedule A, which rules and
regulations may be amended from time to time with consent of Mayor anrl City Council.
ARTICLE V
Pit!V ATE OPEN SPACE
1. The Deveroper, at Devetopers sole cost and expense. shall conS"UUCI the private
open space located em
me rooftops of the residential buildings and shown
6
BK 522 i PG 340
on the Approved
07/10/2003 13:24 FAX 201 963 5020
APPL1ED
Ii1J ecs
DE\~LOMF
Plans and is more eomrnonly referred to as ("the Private Open Space").
2. The Private Open Space is for the exclusive use of the Developer's tenants and
their guests for passive recreational uses.
ARTICLE VI
CONSERVATION AND MAlN'TENANCE
OFTHEPUBUC ACCESS WALKWAY
AND OPEN SPACE
The Developer shall maintain the Public Access Walkway, Riverwalk park and an
Stl'l:-ets including exterior lighting. street cleaning, sidewalk sweeping.
SllOW
removal, grass
cutting, maintaining and replacing pl:!iltings. landscaping and park improvements, trash
removal and all other necessary maintenance and shall post witll tlle Ciry maintenance
guarantees ID ensure compliance in an amount not to exceed in an amount to be determined
by the Planning Soard Bngineer for a three (3) year period commencing on completion of
!liverwa1k Parle. the maintenance guarantee shall be renewed every three years and may be
increased or decreased from time
to time as reasonably required by the City in consultation
with the Planning Board Engineer in the event maintenance expenses
vary or change from the
amounts estimated.
ARTICLE VII
PUJl,UC SnEET ANGLlIID PARKING SPACES
To maximize the amount of parking spaces available
to
the public to the extent
possible, the Developer shall prepare plan. to improve 12~~ Street to allow for angled
parking on one side of tile street and submit said pl2JJS to the County of Hudson.
7
BK 522 I PG 34 i
07/10/2003 13:24 FAX 201 963 5020
filj009
APPLIED DEVELOMF
ARTICLEvnI
GRAD.lNG, STORM WATER. DRAINAGE,
SOn.- EROSION, SEDIMENT CONTROL
A.""ID FLOOD CONTROL
The Board has heretofore approved the grading, storm water drainage, soil erosion,
sediment control and flood control plans as set forth in the Approved Plans. Notwithstanding
snch approval, in the event the City determines that if the grading, storm water d:rai.nage, soil
erosion, sediment control or flood control measures constructed by the Developer are
inaMquare for the Project, the Developer, at Developer's sole COSt and expense, shall
correct such inadequacy.
ARTICLE IX
1.
The Developer agrees co post a Performance Bond or guaraatee at his own
expense, issued by an acceptable and recognized bonding company authorized 10 do business
in the State of New Jersey, in a form acceptable to the City. in an amount of $1309, 700.40
in favor of the Ciry Which shall be furnished to the City as security for the installation of rile
00-=
improvements, in accordance with N.J.S.A. 40:55D-53a(l). This Performance
Guatatltee shall be in addition to any ocher bond thar may have been posted with the County
of Hudson for the construction and development of this project. The Performance guarantee
is ID insure that work that is undertaken shall be completed in accordance with the plans
submitted to the Planning Board and to insure that proper facilities, including but not Iimited
to on-site storm drainage system, sanitary sewer system, other utility improvements, roadway
improvements, traffic improvements, the Public Access Walkway, the Public
BK 522 i PG 342
~
Space
07/10/100~
13:24 FAX 201 963 5020
APPLIED DEVELOllF
~ 010
and l:mdscaping are constructed on the site, and shall be issued by a bonding institution
authorized to issue such bonds or guarantees. The amount of said Performance Guarantee
may be increased by the City after two (2) yem, if CO$t, which are contemplated increase,
As such improvements are partially completed and inspected by the City's consulting
en~,
the performance guarantee may be reduced in accordance with "fU.S.A. 40:55D·
53<1. The applicant shall also provide the City with an escrow fee for the supervision and
inspection of the improvements in the amount of $54,570. 85 for professional services.
2.
Pursuant to N.J.S.A. 4{}:55D'53, the Developer shall post a maintenance
bond, written by an acceptable surety company licensed to do business in New Jersey in a
form acceptable to the City, in the amount of $[63,712.55 after installation of the
improvements and reduction of the performance bond.
5.
Developer shall remain responsible for all obligations of Developer under the
Developer'r Agreement. the site plan approvals, the waterfront development permit and all
other permits issued to Developer for the project (collectively, the "Permits") whether or not
Ille Developer transfers any part of the Property. Notwithstanding the foregoing, in the event
Developer transfers all
Of
any part of the Property, such transferee rnay assume the
obligations of Developer under this Agreement and the Permits, provided, however,
Developer stall not be released from its obligations under this Agreement and the Permits
unless the assumption of such obligations by the transferee shall be approved by the City.
Developer covenants and agrees to include a provision in every contract of sale to-sell all or
any part of the Property (with the exception of individual condominium units) advising the
purchaser/transferee that the property is subject to this Developer's Agreement and th<:$
9
BK 522 I PG 343
APPLIED
07/10/2003 13:24 FAX 201 963 ;020
Permits. The Developer shall provide
to
141011
DEV~LOMF
the City for review prior to the closing of title a
certification duly executed by both the purchaser/transferee and the Developer which Stales
!haL the purchaser/transferee has teen apprised of and fully understands the Permits and tha.t
the Developer has included the aforesaid provision a.dvising the purchaser that the property is
subject to :his Developer's Agreement and the Permits, in the contract of sale.
ARTICLE X
CONSTRUCTION PHASING AND GENERAL DEVELOPMENT PLAN
l , The Developer has submitted a phasing schedule 00 the City and Planning Board
for their approval, which schedule is attach.."'<! hereto and made a part hereof. The Developer
shall have the rignt to construct the Project in accordance with the arrached phasing schedule.
2. The Developer may, with the permission of the Planning Board and 011 notice to
the City, amend its phasing schedule and! or proceed simultaneously with \:WO or more Phases
of Construction, provided Developer has complied with all of the duties and responsihilities
set forth in $S Developer' s Agreement and the Approvals.
3. The Developer may apply for and obtain Final Site Plan Approval and Temporary
and/or Final Certificate/s) of Occupancy with respect to each building completed in a Phase
of Consrrucnon of tile Project, provided hClWO'\ler that the construction of all Roadway
Improvements, Traffic improvements, utitityimprovements, parking, and portions thereof
abutting the property and necessary to serve
me entire phase
are completed, inspected and approved by the
containing the subject building(s)
Sit)' <mo Planning Boord.
10
fit:: ::; )?
I or
"l r. ,
APPLIED DEVELOMF
07/10/2003 13:25 FAX 201 963 5020
0012
ARTICLE XI
MISCELLAl'.'EOUS
1.
Malerlah:. The Developer agrees, that all materials, labor, ellulpmen" tools
and appliances furnished, provided and supplied ro complete certain site impro'\lel'llellts in
work and land development, as set forth in the above referenced drawings submitted to the
Planning Board of the City of Hoboken, all of said work being incorporated herein by
reference, in a good, substantial and workmanlike manner, and in strict compliance with the
requirements and specifications of the City of HOboken, its ordinances iIIld Building Code.
2,
On-site dMdnmg<e gnd' sanirnrv fllieilities. The Developer agrees to install on·
site drainage and sanitary facilities, including manhole" pipes, connections and curblines,
landscaping, etc., as snown 01'1 the Approved Plans. The Developer shall install any
additional on-site drainage of facilities which are required to protect the health or S2iet:y of
the residents of the City, provided the need for such additional drainage or facilities results
from the Developer's activities. Any amendment to the final design, detailS and consrructioa
of the Approved Plans shall be subject to the review of the Ci,rv Engine:'r.
The "City Engineer' as pertaining to this Agreement shall be a licensed professional
engineer in the Stare of New Jersey specifically designarod by the Mayor and City Council 10
act as the City's official representative, with all the powers and authority as designated
herewith or so contained in the Planning Board Resoluticns dated January 7, 1991 and August
21, 1997 approving the application.
3.
Construction
(A)
Obllgation~.
Acce<:.'.
Developer "hall allow access by proper municipal officials for
II
8i::522 i PG345
67/10/2003 13:25 FAX 201 963 5U20
APPLIED DEVELOMF
@013
inspections and other appropriate municipal purposes. The DlWelopeJ:' shall provide an office
within a trailer on the construction site for the use of the Construction Code Official equipped
with a telephone in order to facilitate inspections.
(II)
Cl eallli!leS5. During the Construction of this project, the Developer
shall maintain !.he construction site in a safe condition and shall take appropriate measures 10
ensure the safety, health and welfare of the residents of the City of Hoboken. Upon
completion of the work, the Developer shall remove all rubbish and debris, scaffolding,
temporary construction tools and surplus materials, such as mounds of dirt, and shall leave
the site in a clean suitable condition. During construction, t.he site shall be cleaned regularly
to insure that it remains in an acceptable condition.
Furthermore, the Developer agrees to provide for the proper maintenance of
the MUnicipal Streets upon which it travels OIl a daily basis, to insure thai: they are clean from
din and debris which may accumulate from the excavation and construction of this
development site.
During construction, the Developer shall comply with all Ordinances and
regulations of the City, particuiar!y those insuring peace and quiet for the community.
(C)
lrumrnnces. The Developer will indemnify the City agai.l'llt any loss or
injury, including litigation by third parties against the City, arising from any of the
Developer's operations or activities incidental thereto. In that regard, the Developer shall
provide a public liability insurance policy in a form to be approved by the City Attorney
during the construction of this project, fot personal injury in the amount of Three Million
($3,000,000.00) Dollars, and property damage in the amount of One MUlion ($1,000,000.00)
12
13K 522 I PG 346
07/10/2U03 1J:25 FAX 201 963 5020
APPLIED DEVELOMF
Dollars. The City of Hoboken and its officials shall be named an insured under the policy.
The Developer shall also provide. the following coverages:
(1)
Explosion, collapse and underground (XCU) coverage.
(2)
Broad form Comprehensive General Liabi1i!j! (COL) covering the C:U", custody
and control of rented equipment.
(3)
Workers' compensation insurance (statutory limits).
(4)
Auto liability in the amount of $1,000,000.00 CS1-.
Said policies shall carry the City of Hoboken and its sppropriate officials as named
insured and shall insure the City against liability arising from any of the Developer's
operations or activities incidental thereto. The Developer shall submit original Certificates of
Insurance to the LAw Departmem
comply with the
4.
!MITtS
3.\1d
Building Department in order for the Developer to
of this paragraph.
Adlacent Proper!]' QW!lers. The Developer shall comply with the reasonable
requests of the Mayor and City Council and shall take whatever steps are: necessary to insure
that the construction of this developmem project will not unrearoilaoly interfere with the
adjoining property owners. This may include the limitation of use of certain municipal streets
and regulation thereof. In addition, the Developer shall submit a construcrion schedule to the
Building Department outlining the various phases of ccnsrruction so that the City may
coordinate the use of Municipal Streets so as not to unreasonably interfere with the use by
City residents. The Developer shall notify the City at least forty-eight (4&) hours in advance
and shell pay any related costs incurred by the City concerning the use and supervision of
said streets.
13
81: 522 I PG 347
APPLIED DEVELOMF
07/10/2003 13:25 FAX 201 963 5020
S.
I4J 015
CQnstrnctioTl limitations. Simultaneously with me execution of the with.iri
Agreement, the Developer shall execute and record a restriction contairung a COVenant nor to
develop the undeveloped water areas on the site for 25 years from the dare of the planning
board resolution, January 7, 1997, except for marina or other maritime or water depende<l!
use.
6.
Reference to other laws.
(A)
The Developer agrees to comply with all Jaws, orders or regulations of
the Federal, State, County and Local Government, or any of their respective subordinate'
agencies, departments or commissions which might apply to the performance of this
Agreement or the construction of any improvements upon the property. Further, the
Developer agrees to abide by any orders issued by duly constituted officials as may be
deemed necessary to protect the public health, safety and welfare.
(B)
The Developer shall submit to the City for filing and information
purposes, all other final. approvals required from any other Federal, State or Local Agency.
7.
Authoritv to """""ute. The Developer agrees to furnish a properly executed
document, subject to the approval of the City Attorney indicating its authority to execute this
Agreement and all other agreements with the City of Hoboken.
ii,
Garbage Collectioll, The location of the ga.rbage collection units on me sire
shill be as approved by the Director of the Department of Environmental Services in
consultation with me Health Officer. The Developer shall comply with the requirements of
the New Jersey Mandatory Statewide Source Separation and Recycling Act. Prior to the
issuance of a Certificate of Occupancy, the Developer shall provide for the collection,
]4
BIC C; ?? I pre
'H
0
07/10/2003 13:26 FAX 201 963 S020
APPLIED DEYELOMF
i4J016
dispositiC'n and recycling ef designated recyclable mazerials, The Developer shall provide a
detailed plan fur solid waste disposal consistent with City Ordinances. The city will provide
garbage collection for this project as it does for any ether property.
9.
Poli"", alid fire. (A) The City will provide Police and Fire protection for this
project as 11 does for any other property within its jurisdiction.
(B)
In addition, the Developer shall provide appropriate infonnatiol1
guaranteeing that the water pressure is adequate for fire fighting purposes at proper volume
and pressure to all floors and appropriate locations.
(C)
In the event the Hoboken Fire Chief determines that additional fire
hydrants are required fer such purpose, the Developer, at his own expense, shall install the
additional hydrants subject to the approval of the Hoboken Fire Department, The location of
the fire hydrants shall be in accordance with the recommendation of lhe City of Hoboken Fire
Department, and all other necessary equipment to provide fire protection, at proper volumes
and pressure to all floors and locations, shall be as required by the Fire Department.
(D)
. The installation of fire safety apparatus, s\lch as hydrams, smoke alarms
and sprinkler system, shall be installed in accordance with all applicable codes and subject to
the approval of the Fire Marshall of the City of Hoboken or his designee.
10.
Tax Map. The Developer shall also pay, a pro rata share of the cost for
revisions, if any, that must be made to the official tax assessment map of the City of
Hoboken as a result of this development project.
11.
Utilities Hook.un>. The Developer agrees to make an application to the North
Hudson Sewerage Authority and to the NIDEP for sewer hookups and shall pay :ill
15
51::: 522 j PG 349
01/10/2003 13:28 F.~ 201 983 8020
APPLIED DEYELOliF
I4IU17
appropriate fees and costs associated therewith. In addition, the Developer shall be
responsible fer the payment of the requisite charge for new sewer connections, if needed,
!C
the sewerage sy= to the North Hudson Sewerage Authority in accordance witn applicable
Law.
12.
Lighting, The Developer shall provide lighting as provided in its sire pl<ll"l.
Said lighting shall conform to the standards of the American Lighting Institute.
13.
Maintenance of i!!Jprovemems and facilities. The Developer, and its
successor organizations or associations, shall provide unified maintenance of all improvements
and facilities shown on this Site Plan, regardless of new ownership.
14.
indemnifiCation by l)evelQAAr. In the event litigation arises from the
construction undert:aken pursuant to these Agil eement on this site and me City is made a party
defendant !6 art)' lawsuit instituted and it becomes necessary for the Cit)! 10 defend such suit,
the Developer agrees to indemnify and hold the City harmless from and against any claims,
judgments or liability thereunder, unless such litig-ation is between the Developer and the City
arising out of this Agreement concerning the failure of the Developer to perform their
obligations under this Agreement.
The Developer, or its successors it, interest shall defend any such Jitig3JOOI! on
behalf of the City, at the Developer's expense and employing counsel satisfactory to the City.
In addition, the Developer hereby waives all claims against the City for damages or injuries
to persons or property arising out or asserted
to have arisen from this construction project
unless Slich claim is due to the negligence, ac...s or omissions of the City, ns agents. servants
or employees.
16
SK 522 I PG 350
07/10/2003 13:26 FAX 201 953 5020
APPLIED DEVELOMF
141018
Notwitnstanding the foregoing provisions of this section, the City shall be
responsible far its own negligence, acts or omissions.
Covenant of food faith. Both parties hereto have entered into this Agreement
15.
in good faith in tne interest of a good. development being constructed in the City of Hoboken.
16.
Completene»: Amendments to be
m Writillg.
This Agreement sets forth
all of the promises, agreements, conditions and understandings between the parties hereto
relative to the subject martel' hereto to carry our the provision of the Resolution of app:roval
and where they are in conflict the Board and !he City may choose to enforce the Resolution
over this Agreement. The Agreement may be executed in ccunterpans, each of which shall
be deemed to be an original, and such counterparts shaIl constitute one and the same
instrument. Except as herein otberwise specifically provided, no subsequent alterations,
amendments,
OT changes
to this Agreement shall be binding upon eilller party unless reduced
to writing and signed by each party.
17.
Notices. All notice, hereunder shall be in writing and shall be given by
personal delivery or by certified mail, return receipt requested, postage prepared, addressed
to the following parties at the addresses herein stated:
For the City: The City Business Administrator, For the Developer: Joseph Barry.
18.
shall be
[Dr
Successors Booml. AU the terms, covenants and conditions herein contained
and shall inure to the benefit of and shall be binding upon the respective parties
<hereto and their successors a.'\d assigns.
19.
G"ver!!;,,- J .ow. The Agreement shall be jnterprele.l under the laws of !he
Stale of New Jersey.
17
Ri:"l:;:?0
I
_
APPLIED DEVELOlfF
0711012003 13:27 FAX 201 983 5020
20.
@019
SeveM!lbility; Binding Effect. Each provision hereof shall be separate and
independent and me breach of any such provision by either party shall not discharge or
relieve the other party from its obligations to perform each and evryry covenant on its part to
be performed hereunder. If any provision hereof or me :>.pplicatiol'l thereof to any person or
circumstance: shall to any el(tent be invalid or unenforceable, the remaining provisions hereof',
or the application of such provision to persons or circumstances other than !hore as to which
it is invalid or unenforceable, shall
DOt
be affected thereby, and each prolli>ioll hereor s!lall be
valid and enforceable to the extent permitted by law.
21.
Rifhts of PlIliies. No right or remedy hereunder of either party shill be
exclusive of any other right or remedy, but shall be cumulative and in addition. to any other
right or remedy hereunder or provided by law, now or hereafter existing. Failure by either
patty to insist upon the strict performance of any provision hereof or to exercise any option,
rigiU, power or remedy contained herein shall not constitute a waive; or relinquishment
thereof for the future,
22.
Headi!l;:s. The headings of various paragraphs herein have been inserted for
CODVe!Uent reference only and shall not to any extent have the effect of modifying or
amending the express terms and provisions this Agreement.
23.
Qther appro.val". The Developer's right to begin construction is subject 10
any approvals that may be required by entities such as the Hudson County Planning Board or
any other State and local agencies having jurisdiction, inducting but not limited to the
issuance of any required approvals or permits from the NJDEP. N.IDOT aDd the Soil
Conservation District. The developer shall keep the Planning Board apprised of the required
18
8~ 522 j f'G 352
07/1012003 13:27 FAX 201 963 S020
APPLIED DEVELOI1F
!4J020
permits and the developer's application starus with regard to each, inclucting me issuance or
non-issuance of any applicable permits as required by law.
19
8K 522 I PG:i c; '1
07!10!20D~
13:27 FAX 201 963 5020
APPLIED DEVELOMF
1i1J021
JN WITNESS 'WHEREOF, the parties hereto have caused this Agreement to be
signed as of the date first .ppe;mng above.
!BE CITY OF HOBOKR"l
.---;isr-«
;l.~
BY: ANTHONY"RUSSO, Mayor
TIm
( G BOARD OF
CITY OF HOBOKEN
ras
~W~
BY: THOMAS MOONEY>Chakl
20
~K
s22 I FG 354
I4J 022
APPLIED DEVELOMF
07/10/2003 13:27 FAX 201 963 5020
c,
STATE OF NEW JERSEY
}
COUNTY OF EroDSON
BE IT
}
RElI-fVM'I<.EREl)
:--i:T
.
::J
t.: r-l/,-·rt:,-,',-;r-,J1~
~
that
Oil
this
.ilt!:- day
of a:(i(';(
~! <1-997,
before me the
.. ,r-",'"
subscriber,.,-JllWCS Fanna of me State of New Jersey, personally appeared who being by me
duly sworn, did depose and
make proof to my satisfaction that he is 1'f11';~erk of the
City of Hoboken, a Municipal Corporation of the Slate of New Jersey; that Anthony :ltusro i.
the Mayor of said City of Hoboken; that the execution, as well as the making of this
Instrument has been duly authorized by a proper Resolution of the Mayor and City Council of
the City of Hoboken; that deponent well knows thllt corporate =1 of said Municipal
Corporation; and that the seal affixed to said Instrument is such corporate =1 and by the said
mayor, as and for his voluntary act and deed and as and for the voluntary act and deed of the
said City of Hoboken.
Sworn and subscribed
[0
before me this 'I'Iff-.day
, 1997.
21
81:
522 I PG 355
07/10i200~ 1~:27 FAX 201 963 5020
APPLIED DEYELOMF
.
STATE OF NEW JERSEY )
)
COtJ'NTY OF HL'DSON
ll.E IT:lRE.MEMJl;:E:Rrn
~s;..-noer,
mat on this 1t!'aay of~ 1997,
before me !he
George W. Crimmins of the State of New ]er-se;y, personally appeared who being
by me duly sworn, did depose and ma.1re proof to my satisfaction that he is the
S~
of
!he P1amllng Board of the City of Hoboken, that Thomas Mooney is !he Chairl:llall of wd
Boo:riI; thal the execution, as well as the making of this Instrument has been duly
:l.urnOli~
by iii. proper Resolution of the Planning Soard of me City of Hoboken; that deponeat wei!
knows the seal of said Board and that the =l affixed to said Instrument is sueh seal and is
affu:ed by the said Chairman, as and for his voluntary act and deed and as and for the
volulltary act and deed of the said Planning Board.
Sworn and subscribed to
before me this
y iJ>--day
...;:;.U!:'eUu.4;M , 1997.
BK 522 I PG 356
07/1012002 13:28 FAX 201 963 5020
APPLIED DEVELOMF
STATE OF NEW JERSEY}
)
COUJ\'TY OF HUDSON
)
:&E IT REMEM:&ER.:iID that on this ") -;:.' day of
D>"""~-'T1991, before me the
$l)h=oe:r:,OJi-t,,7; ",'- (" ;).,", -" c,cbf!he State of New Jersey. personally appeared who
being by me dwy sworn, did depose and make proof to my satisfaction mat he is tlle
by said President as for the voluntary act and deed of said Partrlership; ill presence of
deponent. who thereupon subscribed his name thereto as attesting witness.
Shipyard Associates, L.P.,
before me this 7
.yj
- day
CHRISflIlE M. BUONCOOIlE
A. Notary Ptsblic ofNew Jersey
~!'" f:nm:;lls,'si"1l"
tmir!':$
4J?9 JqB
23
BK 522 i PG 3 '5 7
@024
07/10/2003 13:28 FAX 201 903 5020
APPLIED DEVELOlfF
HOBOKEN SmrYARD
Phase 1:
Development Block D comprised of two new construction eleven story
residential buildings and renovation of rhe three story machine shop
containing a total of196 residential units, approximately 46,000 square feel
ofcommercial space and 21 angled surface parking spaces.
Portion ofprivate street (Lot 1, Block 262) abutting Block D, including
utilities required to serve all buildings in Development Blocks A, B & C.
Temporary parking lot on Development Blocks E & F, Providing 316
parking spaces for tenants and customers of Development Block D.
Development Block A comprised of one 13 story building, containing 3'11
residential units, approximately 12,000 square feet of commercial space,
31g parking spaces oil wee kvell; and private roof top "pen space for
passive recreational use for tenants of the building.
Portion of private street (Lot 2, Block 262) abutting Block A.
Portion of Waterfront Walkwey form the northern side of 14th Street to the
southern side of 13th Street
Development Block C comprised of ODe 13 story building containing 326
residential units, 638 paz!cing spaces on four levels with private rooftop
open space for passive recreational use for tenants of the building.
Portion of private street (Lot 2, Block 262) aburting Block C.
Portion of Waterfront Walkway from 13th Street to 12th Street and the 14th
Street pier.
Phase 4:
Development Block B comprised of a 28,500 square foot park for passive
recreation, including strolling, joggmg, sitting etc.
Development Block F comprised of one 13 story building containing' 256
residential units, appreximarely 2,250 square feet of commercial space with
8K 522 i PG 358
iiiJ025
07/10/200. H:28 FAX 201 963 5020
APPLIED DEYELOMF
and 275 parking spaces on three levels and private rooftop open space for
passive recreational use fOT tenants of the building.
Pomon ofprivate street (Lot 2, Block 263) abutting Block F, includiug all,
utilities required to serve Development Blocks E & F.
Portion of Waterfront Walkway from 14th Street to the tennis pavilion.
Phase 6:
Development Block E comprised of one 11 story building containing 7 J
residential units, approximately 3,000 squ= feel of commercial space and
170 parking spaces on four levels with private rooftop open space for
passive recreational use for tenants ofthe building.
Phllse 7:
Development Block G comprised of a I story tennis pavilion, 3 regulation
size tennis COil1!S and 37 surface parking spaces.
I€J 026
EXHIBIT C
Appendix XII-Bl
FOR USE BY CLERK'S OFFICE ONLY
CIVIL CASE INFORMATION STATEMENT
(CIS)
PAYMENTTYPE:
CHG!CK NO.
Use for initial Law Division
Civil Part pleadings (not motions) under Rule 4:5-1
AMOUNT:
Pleading will be rejected for filing, under Rule 1:S-S(c),
if information above the black bar is not completed
or attorney's signature is not affixed
ATTORNEY I PRO SE NAME
TELEPHONE NUMBER
Joseph J. Maraziti, Jr., Esq.
DCK DCG DCA
OVERPAYMENT:
BATCH NUMBER:
COUNTY OF VENUE
(973) 912-9008
Hudson
FIRM NAME (if applicable)
DOCKET NUMBER (when available)
Maraziti, Faicon & Healey
DOCUMENT TYPE
OFFICE ADDRESS
150 John F. Kennedy Parkway
Short Hills, New Jersey 07078
Compiaint
JURYDEMANO
NAME OF PARTY (e.g., John Doe, Plaintiff)
DYES
_
No
_
NO
CAPTION
City of Hoboken, Plaintiff
City of Hoboken v. Shipyard Associates, L.P.
CASE TYPE NUMBER (See reverse side for listing)
IS THIS A PROFESSIONAL MALPRACTICE CASE?
599
IF YOU HAVE CHECKED "YES," SEE N.J.S.A. 2A:53 A -27 AND APPLICABLE CASE LAW
REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT
IF YES, LIST DOCKET NUMBERS
RELATED CASES PENDING?
DYES
_
No
NAME OF DEFENOANTS PRIMARY INSURANCE COMPANY (if known)
DO YOU ANTICIPATE ADDING ANY PARTIES
(arising out of same transaction or occurrence)?
DYES
DYES
D
o
_No
NONE
UNKNOWN
THE INFDRMATION 'PROVIDED DNTHIS FORM CANNDTBE INTRODUCED INTO EVIDENCE.
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
DO PARTIES HAVE A CURRENT, PAST OR
RECURRENT RELATIONSHIP?
_ No
DYES
IF YES, IS THAT RELATIONSHIP:
D
o
EMPLOYER/EMPLOYEE
FAMILIAL
o
o
FRIEND/NEIGHBOR
o
OTHER (explain)
BUSINESS
DOES THE STATUTE GOVERNING THiS CASE PROVIDE FOR PAYMENT OF FEES BYTHE LOSING PARTY?
DYES
_
No
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR
ACCELERATED DISPOSITION
G-
OO YOU OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS?
DYES
_
WILL AN INTERPRETER BE NEEDED?
DYES
_
IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION
No
IF YES, FOR WHAT LANGUAGE?
No
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be
redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
ATTORNEY
Effective
SIGNATU~
06/20~liSh
page 1 of 2
CIVIL CASE INFORMATION STATEMENT
(CIS)
Use for initial pieadings (not motions) under Rule 4:5-1
CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.)
Track I • 150 days' discovery
151
175
302
399
502
505
506
510
511
512
801
802
999
NAME CHANGE
FORFEITURE
TENANCY
REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
BOOK ACCOUNT (debt collection matters only)
OTHER INSURANCE CLAIM (including declaratory judgment actions)
PIP COVERAGE
UM or UIM CLAIM (coverage issues only)
ACTION ON NEGOTIABLE INSTRUMENT
LEMON LAW
SUMMARY ACTION
OPEN PUBLIC RECORDS ACT (summary action)
OTHER (briefly describe nature of action)
Track" • 300 days' discovery
305
509
599
603N
603Y
605
610
621
699
CONSTRUCTION
EMPLOYMENT (other than CEPA or LAD)
CONTRACT/COMMERCIAL TRANSACTION
AUTO NEGLIGENCE - PERSONAL INJURY (non-verbal threshoid)
AUTO NEGLIGENCE - PERSONAL INJURY (verbal threshoid)
PERSONAL INJURY
AUTO NEGLIGENCE - PROPERTY DAMAGE
UM or UIM CLAIM (includes bodily injury)
TORT - OTHER
Track III • 450 days' discovery
005
301
602
604
606
607
608
609
616
617
618
Track IV
156
303
508
513
514
620
701
CIVIL RIGHTS
CONDEMNATION
ASSAULT AND BATIERY
MEDICAL MALPRACTICE
PRODUCT LIABILITY
PROFESSIONAL MALPRACTICE
TOXIC TORT
DEFAMATION
WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES
INVERSE CONDEMNATiON
LAW AGAINST DISCRIMINATION (LAD) CASES
~
Active Case Management by Individual Judge 1450 days' discovery
ENVIRONMENTAUENViRONMENTAL COVERAGE LITIGATION
MT. LAUREL
COMPLEX COMMERCIAL
COMPLEX CONSTRUCTION
INSURANCE FRAUD
FALSE CLAIMS ACT
ACTIONS IN LIEU OF PREROGATIVE WRITS
Centrally Managed Litigation (Track IV)
280
285
288
289
ZELNORM
STRYKER TRIDENT HIP IMPLANTS
PRUDENTIAL TORT LITIGATION
REGLAN
290
291
292
293
POMPTON LAKES ENVIRONMENTAL LITIGATION
PELVIC MESH/GYNECARE
PELVIC MESH/BARD
DEPUY ASR HIP IMPLANT LITIGATION
281
282
264
286
287
601
BRISTOL·MYERS SOUIBB ENVIRONMENTAL
FOSAMAX
NUVARING
LEVAQUiN
YAZIY ASMIN/OCELLA
ASBESTOS
Mass Tort (Track IV)
248
266
271
274
278
279
CIBA GEIGY
HORMONE REPLACEMENT THERAPY (HRT)
ACCUTANEIISOTRETINOIN
RISPERDALISEROQUEUZYPREXA
ZOMETAJAREDIA
GADOLINIUM
If you believe this case requires a track other than that provided above, please indicate the reason on Side 1,
in the space under "Case Characteristics.
Please check off each applicable category
Effective 06/20/2011,
eN
10517·English
0
Putative Class Action
o Title 59
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