Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Execute Notice in Lieu of Deed Notice (“NILDN”)
Purpose: Authorizing the execution and recordation of NILDN in connection with certain remediation conducted by Montrose Environmental on behalf of Entity listed below
Entity Name: Pilgrim Baptist Village Preservation Urban Renewal, LLC
Entity Address: 200 Vesey Street, 24th Floor, New York, NY 10080
Contract Amount: $0.00
Funding Source: Not Applicable
Contract Period: Until completion of remedial activities as determined by the NJDEP or Entity’s Licensed Site Remediation Professional (LSRP)
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. (X) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Additional Information:
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WHEREAS Pilgrim Baptist Village Preservation Urban Renewal, LLC (“PBV Urban Renewal”) is the owner of certain real property located at 143-171 Avon Avenue (designated as Block 2575, Lot 49 on the City’s Tax Maps), Newark, New Jersey (“Property”); and
WHEREAS, the discharge on the Property of hazardous substances has required site remediation (Site Remediation Program Interest No. 836461) and has led to the discovery of contaminant in the public right of way (Jelliff Avenue, eighty (80) feet north of the intersection of Avon Avenue and Jelliff Avenue); and
WHEREAS, PBV Urban Renewal is the Person Responsible for Conducting the Remediation (“PRCR”) of the Property, and its Licensed Site Remediation Professional (“LSRP”) (Shad Manning, LSRP ID # 1029802), has approved a remedial action for the Property which will result in remaining soil contamination in concentrations preventing the unrestricted use of the Property and requiring the use of engineering and/or institutional controls defined by the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-1.3, and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-1.8; and
WHEREAS, in accordance with N.J.A.C. 7:26C-7.2(b)(2), the PRCR has prepared the attached “Notice in Lieu of Deed Notice” which documents the required engineering and institutional controls; and
WHEREAS, a Soil Remedial Action Permit (“RAP”) issued by the New Jersey Department of Environmental Protection is required to memorialize the operation, maintenance, and monitoring required by the PRCR/Owner for the “Notice in Lieu of Deed Notice” and engineering controls; and
WHEREAS, it is in the best interest of the citizens of the City of Newark to agree to the use restriction(s) and maintenance and monitoring requirements on the Property and to execute the “Notice in Lieu of Deed Notice” and related documents.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Engineering Department, are hereby authorized, if required, to execute a “Notice in Lieu of Deed Notice (“NILDN”)” in a form substantially similar to the attached NILDN which was prepared in connection with the remediation of 143-171 Avon Avenue (Block 2575, Lot 49), Newark, New Jersey. The said officials are further authorized to execute any related documents necessary to accomplish the intent of this resolution.
2. The use restrictions on the Property detailed in the “Notice in Lieu of Deed Notice” and Soil RAP will be honored.
3. Any operation, maintenance, and monitoring tasks required of the City of Newark in the NILDN and/or Soil RAP will be performed in accordance with the Soil RAP and applicable statutes and regulations.
4. The Director of Engineering shall file a copy of the fully executed and recorded NILDN, and any other document executed by city officials pursuant to this resolution with the City Clerk
STATEMENT
This resolution authorizes the execution and recording of a “Notice in Lieu of Deed Notice” as to the City-owned sidewalk and road abutting 143-171 Avon Avenue on 80 feet at Jelliff Avenue north of the intersection with Avenue, City of Newark, Essex County acknowledging the Use Restriction on the Property and the Obligations Imposed on the City Detailed Therein; and authorizing execution of the “Notice in Lieu of Deed Notice”, the Soil Remedial Action Permit Application, and Related Documents for the Property.