File #: 12-1791    Version: 1 Name: Celenease Agreement-Ironbound Football Field
Type: Resolution Status: Filed
File created: 8/20/2012 In control: Engineering
On agenda: 9/19/2012 Final action: 9/19/2012
Title: Dept/ Agency: Engineering Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Environmental Allocation Agreement Purpose: Agreement with CNA Holdings LLC, successor to HNA Holdings, Inc. f/k/a Hoechst Celanese Corporation (“CNA”), 1601 W. LBJ Freeway, Dallas, Texas 75234, Regarding the Remedial Investigation of the Ironbound Recreation Football and Playing Fields Site Additional Information: .
Title
Dept/ Agency:  Engineering
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service:  Environmental Allocation Agreement
Purpose:    Agreement with CNA Holdings LLC, successor to HNA Holdings, Inc. f/k/a Hoechst Celanese Corporation ("CNA"), 1601 W. LBJ Freeway, Dallas, Texas 75234, Regarding the Remedial Investigation of the Ironbound Recreation Football and Playing Fields Site       
Additional Information:
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WHEREAS, the City of Newark entered into a Memorandum of Understanding (MOU) with the New Jersey Department of Environmental Protection (NJDEP) for the investigation and remediation of the Ironbound Recreation Center  Football and Playing Fields Site ("Ironbound Center"), identified by Tax Block 2052, Lot 1, on the Tax Map for the City of Newark; and
WHEREAS, Resolution 7RF adopted, January 18, 1989, authorized the Mayor and Director of Engineering to enter into an Allocation Agreement with Hoechst Celanese Chemical Group, Inc., ("Celanese"), 1250 W. Mockingbird Lane, P.O. Box 569320, Dallas, Texas 75356-9320, to fund, with a $1.5 million cap, increased costs relating to the construction of the Ironbound Swimming Pool; and
WHEREAS, Resolution 7REH (AS), adopted August 4, 1993, authorized the Director of Engineering to enter into a Memorandum of Understanding (MOU) with the New Jersey Department of Environmental Protection and Energy (NJDEPE),, to facilitate the remediation of the Ironbound Recreation Center- Football and Playing Fields site; and
WHEREAS, Resolution 7RB(s), adopted on October 26, 1993, authorized the Mayor and the Director of Engineering to executean amended A Agreement dated December 17, 1993 with Hoechst Celanese Corporation, Route 202-206, Sommerville, New Jersey 08876,; and
WHEREAS, Resolution 7RBs, adopted on August 5, 1998, the Municipal Council approved a settlement with HNA Holdings, Inc. f/k/a Hoescht Celanese Corporation and Celanese Ltd., f/k/a  Hoescht Celanese Chemical Group, Ltd., 30 Independence Boulevard, P.O. Box 4915, Warren, New Jersey 07060-4915, regarding the Ironbound Aquatic Center and Other Remediation  in the amount of $5 million; and
WHEREAS, by Resolution 7RCZ(AS), adopted on February 7, 1990, the Municipal Council authorized the Mayor and the Director of Development to enter into an amended Allocation Agreement with Hoechst Celanese Chemical Group, Inc., , to facilitate the interim remedial action, remedial investigation, feasibility study and implementation of cleanup remedy at a pool  portion of the Ironbound Center; and
WHEREAS, the City commenced an investigation pursuant to the MOU with the NJDEP, dated October 26, 1992; and
WHEREAS, the City and CNA Holdings LLC, successor to HNA Holdings, Inc. f/k/a Hoechst Celanese Corporation ("CNA"), 1601 W. LBJ Freeway, Dallas, Texas 75234, wish to retain a consultant, mutually acceptable to both parties, pursuant to a non-fair and open process pursuant to New Jersey Local Pay-to-Play Reform Law,  N.J.S.A. 19:44A-20.5,  to perform a Draft Remedial Investigation Work Plan, dated August 2011 and wish to enter into an Allocation Agreement for the expenses and responsibilities related thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK,  NEW JERSEY,THAT  :
1.      The Mayor of the City of Newark and his designee, the Director of Engineering, are authorized to execute an Allocation Agreement Regarding the Remedial Investigation of the Ironbound Recreation Football and Playing Fields Site with CNA Holdings LLC, successor to HNA Holdings, Inc. f/k/a Hoechst Celanese Corporation ("CNA"), 1601 W. LBJ Freeway, Dallas, Texas 75234.
2.      The Director of the Department of Engineering shall file a fully executed copy of the Agreement with the City Clerk.
3.      Any monies to be payable to the consultants shall be paid from the Budget of the Department of Engineering
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STATEMENT
 
Resolution authorizing the Mayor and the Director of the Department of Engineering to enter into an Allocation Agreement Regarding the Remedial Investigation of the Ironbound Recreation Football and Playing Fields Site.