Title
[Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-7617-13
Claimant: Matrix/Newark City Dock, LLC
Claimant's Attorney: Chiesa Shahinian & Giantomasi, PC
Attorney's Address: One Boland Drive, West Orange, New Jersey 07052
Settlement Amount: N/A
Funding Source: No Funding Required
Additional Comments:
This settlement reinstates the Newark Plaza N.J.R-58 Urban Renewal Plan of the City of Newark as applies to the properties designated as Block 128, Lot 1.01; Block 128.01, Lot 1.03; Block 130, Lots 1 and 12; Block 133, Lot 1; Block 134, Lot 10; and Block 136, Lots 63.01, 63.02, and 63.03 ("Property") and reaffirms application of the development regulations set forth in the Urban Renewal Plan to the property.
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WHEREAS, on August 7, 2013, the City Council adopted Ordinance 6PSF-I entitled "Ordinance Adopting Newark's River: Public Access & Redevelopment Plan ('Redevelopment Plan') In Order To: (I) Provide Appropriate Land Use Regulations To Redevelop Newark's Riverfront; (II) Amend Zoning To Support Riverfront Redevelopment Including Housing, Offices, Retail, Industry, And Open Space; (III) Connect Existing Neighborhoods To The Riverfront Through Harmonious And Walkable Development; (IV) Provide Design Guidance To Protect View Corridors And Create Appropriate Setbacks From The River's Edge; And (V) Ensure Inclusion Of Public Access To, Along, And Onto The River In All Redevelopment Projects In Order To Implement The Public Trust Doctrine;" and
WHEREAS, the Public Access & Redevelopment Plan, in effect, provides the zoning requirements for development of certain properties located along Newark's Riverfront; and
WHEREAS, Matrix/Newark City Dock, LLC ("Matrix") owns several properties which are subject to the Public Access & Redevelopment Plan; and
WHEREAS, on or about September 27, 2013, Matrix filed a Complaint In Lieu of Prerogative Writs against the City of Newark in the Superior Court of New Jersey, Law Division, Essex County, bearing the caption Matrix/Newark City Dock, LLC v. City of Newark, Docket No. ESX-L-7617-13 (the "Lawsuit"), which challenges the validity of the Public Access & Redevelopment Plan and alleges violations of Matrix's constitutional and civil rights; and
WHEREAS, on January 17, 2014, Newark filed an Answer and Affirmative Defenses against the allegations of Matrix' Complaint; and
WHEREAS, thereafter, representatives of Matrix and Newark engaged in settlement negotiations in order to resolve the Lawsuit; and
WHEREAS, Matrix and Newark now propose to fully and finally resolve the Lawsuit by entering into a binding settlement agreement (in the form attached hereto as Exhibit A, the "Settlement Agreement"); and
WHEREAS, the City Council has duly considered the terms of the proposed Settlement Agreement and considers that the resolution of the Lawsuit on these terms is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor, or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to enter into and execute a Settlement Agreement, that reinstates the Newark Plaza N.J.R-58 Urban Renewal Plan of the City of Newark to certain property owned by the entity, in the same form as Exhibit A hereof.
2. The Mayor, staff and consultants of the City are hereby authorized to take all actions which are necessary and appropriate to implement this Resolution and to effectuate the terms of the Settlement Agreement.
3. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a fully executed copy of the Settlement Agreement with the City Clerk.
4. This Resolution shall take effect immediately.
STATEMENT
This Resolution authorizes the execution of a settlement agreement between the City of Newark and Matrix/Newark City Dock, LLC in Matrix/City Dock, LLC v. City of Newark, Docket No. ESX-L-l-7617-13.