File #: 16-0906    Version: 1 Name: Fairview Preservation Urban Renewal - Pre-suit settlement of Outstanding Water Charges
Type: Resolution Status: Adopted
File created: 5/23/2016 In control: Law
On agenda: 8/3/2016 Final action: 8/3/2016
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Pre-suit Settlement of Outstanding Water Charges Docket No.: N/A Claimant: Fairview Preservation Urban Renewal Partnership, LLP Claimant's Attorney: Jodi Luciani, Esq. Attorney's Address: Inglesino, Webster, Wyciskala & Taylor, LLC., 600 Parsippany Road, Suite 204, Parsippany, New Jersey 07054 Settlement Amount: $415,000.00 Funding Source: Monies to be paid to the Department of Water and Sewer Utilities Additional Comments: Invitation: Corporation Counsel, August 2, 2016
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-suit Settlement of Outstanding Water Charges
Docket No.: N/A
Claimant: Fairview Preservation Urban Renewal Partnership, LLP
Claimant's Attorney: Jodi Luciani, Esq.
Attorney's Address: Inglesino, Webster, Wyciskala & Taylor, LLC.,
600 Parsippany Road, Suite 204, Parsippany, New Jersey 07054
Settlement Amount: $415,000.00
Funding Source: Monies to be paid to the Department of Water and Sewer Utilities
Additional Comments:
Invitation: Corporation Counsel, August 2, 2016
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WHEREAS, Fairview Preservation Urban Renewal Partnership, LLP (hereinafter "Fairview") was the prior owner of the property commonly referred to as 70-96 17th Avenue (a/k/a 368-408 Hunterdon Street), Newark, New Jersey 07103, designated as Block 2547, Lot 1, on the Official Tax Map of the City of Newark, New Jersey (the "Property") from January 20, 2000 through January 8, 2014; and

WHEREAS, Fairview Homes Acquisition, LLC is the current owner of the Property; and

WHEREAS, the Property is presently used as a multi-unit residential property; and

WHEREAS, the City has two (2) water meters that service the Property; and

WHEREAS, in or before 2002, the City began billing Fairview for water usage on one (1) water meter, designated as Account No. 6875 by the City Department of Water and Sewer Utilities (the "6875 Meter"); and

WHEREAS, the City contends that the second water meter was to be used as a stand-by meter; and

WHEREAS, the City designated the second meter as Account No. 6868 (the "6868 Meter"); and

WHEREAS, according to City records, on January 12, 2004, the City performed an actual read of the 6868 Meter, which displayed a meter read of 99,999,500 (the "January 12, 2004 Read"); and

WHEREAS, at some point in time subsequent thereto, the 6868 Meter was utilized as a serviceable meter, thereby allowing the Property to receive water from the City from both meters; ...

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