MONROE TOWNSHIP, MIDDLESEX COUNTY ......copy of letter dated July 10, 2020, has appointed the...

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MONROE TOWNSHIP, MIDDLESEX COUNTY RESOLUTION NO.: R-8-2020-167 RESOLUTION OF THE MONROE TOWNSHIP COUNCIL AUTHORIZING REFUND OF CONSTRUCTION PERMIT FEES WHEREAS, the Construction Official, by copy of a letter dated June 25, 2020, copy of which is attached hereto as Exhibit “A”, has recommended the Council approve the following construction permit refunds: Refund to: Reason Amount Stratford Developers Permit # 20190248 $ 4,196.00 90 Woodbridge Center Dr. Requests refund due to homeowner Woodbridge, N.J. 07095 decided not to buy 20 Liberty Way due to Covid 19. Stratford Developers Permit # 20190248 $ 133.00 90 Woodbridge Center Dr. Requests refund due to homeowner Woodbridge, N.J. 07095 decided not to buy 20 Liberty Way due to Covid 19. WHEREAS, Council has reviewed the recommendation of the Construction Official and finds the requests for the above refunds to be reasonable; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that the request is hereby authorized and that a refund be made to Stratford Developers in the amount of $4,329.00. SO RESOLVED, as aforesaid. MIRIAM COHEN, Council President CERTIFICATION I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution adopted by the Monroe Township Council at its meeting held on August 3, 2020. PATRICIA REID, Township Clerk

Transcript of MONROE TOWNSHIP, MIDDLESEX COUNTY ......copy of letter dated July 10, 2020, has appointed the...

Page 1: MONROE TOWNSHIP, MIDDLESEX COUNTY ......copy of letter dated July 10, 2020, has appointed the following member to serve on the Affordable Housing Board to fill the unexpired term of

MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-167

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING REFUND OF CONSTRUCTION PERMIT FEES

WHEREAS, the Construction Official, by copy of a letter dated June 25, 2020, copy of

which is attached hereto as Exhibit “A”, has recommended the Council approve the following

construction permit refunds:

Refund to: Reason Amount

Stratford Developers Permit # 20190248 $ 4,196.00

90 Woodbridge Center Dr. Requests refund due to homeowner

Woodbridge, N.J. 07095 decided not to buy 20 Liberty Way

due to Covid 19.

Stratford Developers Permit # 20190248 $ 133.00

90 Woodbridge Center Dr. Requests refund due to homeowner

Woodbridge, N.J. 07095 decided not to buy 20 Liberty Way

due to Covid 19.

WHEREAS, Council has reviewed the recommendation of the Construction Official and

finds the requests for the above refunds to be reasonable;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, State of New Jersey that the request is hereby authorized

and that a refund be made to Stratford Developers in the amount of $4,329.00.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-168

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

GRANTING ADVICE AND CONSENT

TO THE APPOINTMENT OF ARNOLD RIBACK

TO THE AFFORDABLE HOUSING BOARD

WHEREAS, the Honorable Gerald W. Tamburro, Mayor of the Township of Monroe, by

copy of letter dated July 10, 2020, has appointed the following member to serve on the Affordable

Housing Board to fill the unexpired term of Joseph Gurney, commencing immediately and

expiring on December 31, 2021:

Arnold Riback – Alternate II – 2 yr. term

WHEREAS, the Administrative Code of the Township of Monroe requires the Advice and

Consent of the Council for such appointments;

THEREFORE, BE IT RESOLVED by the Township Council of the Township of

Monroe, County of Middlesex, State of New Jersey that the Township Council hereby provides its

Advice and Consent and confirms the appointment of Arnold Riback to serve on the Affordable

Housing Board as Alternate II to fill the unexpired term of Joseph Gurney, commencing

immediately and expiring on December 31, 2021.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-169

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AWARD OF BID TO JEN ELECTRIC, INC. FOR

EMERGENCY TRAFFIC SIGNAL AND BEACON MAINTENANCE AND REPAIRS

WHEREAS, on June 10, 2020 one (1) sealed bid was received by Monroe Township for

Emergency Traffic Signal and Beacon Maintenance and Repairs; and

WHEREAS, the Township Engineer, by copy of letter dated June 22, 2020, has

recommended the contract be awarded to Jen Electric, Inc. 631 Morris Avenue Springfield, N.J.

07081, the low responsible bidder, for a period of 12 months, not to exceed $40,000.00; and

WHEREAS, the Township Council has reviewed the recommendations made by the

Township Engineer regarding said bid; and

WHEREAS, the Township’s Certified Municipal Finance Officer has determined that

sufficient funds are available, as set forth in Certificate No. C-2000041, a copy of which is attached

hereto as Exhibit "A”; and

WHEREAS, no contract that is subject to the requirements of the Affirmative Action

Regulations pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. shall be awarded by

the Township of Monroe, nor shall any monies be paid there under, to any contractor, subcontractor

of business firm that has not agreed and guaranteed to comply with Affirmative Action Regulations

and to afford equal opportunity in the performance of the contract in accordance with the

affirmative action plan approved under the terms established in the above cited regulations;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, State of New Jersey that it has rendered its advice and

hereby consents to the award of bid to Jen Electric, Inc. for Emergency Traffic Signal and Beacon

Maintenance and Repairs, for a period of 12 months, at a total contract price not to exceed

$40,000.00; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby

authorized and directed to execute a contract with Jen Electric, Inc.; and

BE IT FURTHER RESOLVED that the Township’s Certified Municipal Finance Officer

is hereby authorized and directed to pay Jen Electric, Inc. in accordance with the contract entered

into between the parties; and

BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that

Jen Electric, Inc. shall comply with Affirmative Action Regulations, including revising their

contracts as necessary to add mandatory affirmative action language, and submitting a completed

AA-201, within seven (7) days of notification of award of the contract or risk being declared non-

responsive and forfeiting the award.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-170

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 1 AND FINAL

SUBMITTED BY BLACK ROCK ENTERPRISES, LLC.

IN CONNECTION WITH THE PARK AND RIDE IMPROVEMENT PROJECT

WHEREAS, pursuant to Resolution No. R-9-2019-244, adopted by the Monroe Township

Council at its meeting held on September 4, 2019, a contract was awarded to Black Rock

Enterprises, LLC. in connection with the Applegarth Road Park and Ride Improvements Project;

and

WHEREAS, the original total contract amount was $534,704.00; and

WHEREAS, the Township Engineer, in a letter dated June 22, 2020, requested approval

of Change Order No. 1 and Final for the Park and Ride Improvements Project reflecting a decrease

of $54,800.08 in the contract amount, as the result of adjusted contract quantities, as described in

the attached change order; and

WHEREAS, the current contract price including this change order is $479,903.92; and

WHEREAS, the Township Council has reviewed the request and has found same to be

reasonable; and

WHEREAS, the Certified Municipal Finance Officer has certified in Certificate No.

C-1900067, a copy of which is attached hereto, that sufficient funds are available;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are

hereby authorized to execute Change Order No. 1 and Final, attached hereto and made a part

hereof.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-171

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AN AGREEMENT WITH WB MASON FOR OFFICE

SUPPLIES/CUSTODIAL SUPPLIES FOR THE TOWNSHIP OF MONROE

UNDER THE SOMERSET COUNTY COOPERATIVE PRICING SYSTEM

FOR CALENDAR YEAR 2020-2021

WHEREAS, the Township of Monroe, County of Middlesex, is a member of the

Somerset County Cooperative Pricing System #2SOCCP; and

WHEREAS, wishes to enter into an agreement for Office Supplies/Custodial Supplies

for the Township of Monroe, with WB Mason, 300 Prospect Plains Road Cranbury, N.J. 08512,

an authorized vendor under the Somerset County Cooperative Pricing System #2SOCCP:

Bid No. Bid/Contract Title Pricing Info.

CC-0001-20 Office Supplies/Custodial Supplies percentage discount

(see attached)

; and

WHEREAS, the purchase of goods and services by local contracting units without public

bidding is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-11; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe that the Mayor and Municipal Clerk are hereby authorized to utilize WB Mason for

office supplies/custodial supplies for the Township of Monroe, under the Somerset County

Cooperative Pricing System.

SO RESOLVED, as aforesaid.

___________________________________

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

___________________________________

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-172

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AN ELECTRONIC TAX SALE

WHEREAS, N.J.S.A. 54:5-19.1 authorizes electronic tax sales pursuant to the rules and

regulations promulgated by the Director of the Division of Local Government Services; and

WHEREAS, the Division of Local Government Services has promulgated rules and

regulations for electronic tax sales; and

WHEREAS, the Director of the Division of Local Government Services has approved N.J.

Tax Lien Investors/Real Auction.com to conduct electronic tax sales; and

WHEREAS, an electronic tax sale is innovative and provides a greater pool of potential

lien buyers, thus creating the environment for a more complete tax sale process; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, and State of New Jersey that the Tax Collector is hereby

authorized to participate in an electronic tax sale and submit same to the Director of the Division

of Local Government if necessary.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-173

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING FEES FOR ELECTRONIC TAX SALE NOTICES

WHEREAS, N.J.S.A. 54:5-19.1 authorizes electronic tax sales pursuant to the rules and

regulations promulgated by the Director of the Division of Local Government Services; and

WHEREAS, the rules and regulations require a municipality to send two (2) notices of tax

sale to all properties included in said sale; and

WHEREAS, the rules and regulations allow said municipality to charge a fee of $25.00

per notice for the creation, printing and mailing of said notice; and

WHEREAS, in an effort to more fairly assign greater responsibility to delinquent

taxpayers, the Township of Monroe wishes to charge $20.00 per notice mailed which will be

assessed specifically to the delinquent accounts that are causing the need for a tax sale and not to

the general tax base.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, and State of New Jersey that a fee of $20.00 per notice be

established and is hereby authorized and directed to be charged for each notice of tax sale that is

sent in conjunction with the 2020 electronic tax sale.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-174

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING REFUND OF THIRD PARTY TAX LIEN PREMIUM PAYMENTS

WHEREAS, Premiums have been paid for various properties for the purchase of Tax Lien

Certificates for properties listed on the Tax Map of the Township of Monroe, in the amount of

One- Thousand Nine-Hundred dollars and no cents ($1,900.00),

WHEREAS, pursuant to N.J.S.A. 54: 5-33 said premiums must be returned to the

purchasers upon redemption:

WHEREAS, The Tax Lien Certificates as outlined on Schedule A have been redeemed:

NOW, THEREFORE, BE IT RESOLVED by the Township of Monroe in the County

of Middlesex in the State of New Jersey that the Township’s Certified Municipal Financial Officer

is hereby authorized and directed to draw a check from the Township’s Trust Account in the

amount listed on Schedule A and forward same to the Tax Collector for distribution to the

purchasers.

SO RESOLVED, as aforesaid.

_________________________________

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify that the foregoing Resolution is a true and exact copy of a Resolution adopted

by the Monroe Township Council at its meeting held on August 3, 2020

___________________________________

PATRICIA REID, Municipal Clerk

SCHEDULE A

BLOCK / LOT TTL# NAME AMOUNT

160.6 58 19-00068 CC1 NJ II LLC $1,900.00

PO Box 123800

Dallas, TX 75312

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-175

RESOLUTION PROVIDING FOR INSERTION

OF A SPECIAL ITEM OF REVENUE IN THE BUDGET

PURSUANT TO N.J.S.A. 40A:4-87

(CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local

Government Services may approve the insertion of any special item of revenue in the budget of

any county or municipality when such item shall have been made available by law and the amount

was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for

equal amount;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township

of Monroe, County of Middlesex, New Jersey, hereby requests the Director of the Division of

Local Government Services to approve the insertion of an item of revenue in the budget for Year

2020 in the sum of $85,147.33, which is now available as a revenue from the 2020 Clean

Communities Grant;

BE IT FURTHER RESOLVED that a like sum of $85,147.33 is hereby appropriated

under the caption:

“2020 CLEAN COMMUNITIES GRANT”

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-176

RESOLUTION PROVIDING FOR INSERTION

OF A SPECIAL ITEM OF REVENUE IN THE BUDGET

PURSUANT TO N.J.S.A. 40A:4-87

(CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local

Government Services may approve the insertion of any special item of revenue in the budget of

any county or municipality when such item shall have been made available by law and the amount

was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for

equal amount;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township

of Monroe, County of Middlesex, New Jersey, hereby requests the Director of the Division of

Local Government Services to approve the insertion of an item of revenue in the budget for Year

2020 in the sum of $583.48, which is now available as a revenue from the 2020 Municipal Court

Alcohol Education Rehabilitation and Enforcement Fund;

BE IT FURTHER RESOLVED that a like sum of $583.48 is hereby appropriated under

the caption:

“2020 MUNICIPAL COURT ALCOHOL EDUCATION

REHABILITATION AND ENFORCEMENT FUND”

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-177

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING REFUND OF RAFFLE LICENSE FEE

WHEREAS, the Friends of the Senior Center, by copy of a letter dated July 17, 2020, copy

of which is attached hereto as Exhibit “A”, has requested the following refund:

Refund to: Reason Amount

Friends of the Senior Center, Inc. Bingo dates cancelled $60.00

c/o Christine Flynn, President due to COVID-19 -

12 Halsey Reed Road April 24, June 26 and

Monroe Township, N.J. 08831 August 19, 2020

WHEREAS, the Township Clerk recommends the Council approve the raffle license fee

refund:

WHEREAS, Council agrees with the recommendation and finds the request for the above

refund to be reasonable;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, State of New Jersey that the request is hereby authorized

and that a refund be made to Friends of the Senior Center, Inc. in the amount of $60.00.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO: R-8-2020-178

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING THE DISCHARGE OF AFFORDABLE HOUSING LIEN

GIVEN ON 1020 MORNING GLORY DRIVE

WHEREAS, on September 9, 2016, Cristina Cartagena (“Cartagena”) gave a recapture

mortgage in accordance with the State’s Affordable Housing Program, to the Township of Monroe

requiring Cartagena to pay the sum of $8,400.00 to the Municipality upon the first non-exempt

sale of their property having an address of 1020 Morning Glory Drive, (the “Property”) as provided

under the rules of the New Jersey Housing and Mortgage Finance Agency set forth in N.J.A.C.

5:80-26.5(c), said mortgage having been recorded with the Middlesex County Clerk on October

18, 2016, in Mortgage Book 16504 on Page 0588 et seq. (the “Cartagena Affordable Housing

Lien”); a copy of said mortgage is attached as Exhibit “A”; and

WHEREAS, on December 2, 2019, Cartagena sold the Property to Caterina Russo and

Valerie Perchiano, (“Russo/Perchiano”); Cartagena executed a deed in the mandatory form

required for ownership units subject to restrictive covenant required by N.J.A.C. 5:80-26.5(d)

transferring title to the Property to Russo/Perchiano for the sum of $86,317.00, said deed having

been recorded with the Middlesex County Clerk on December 20, 2019 in Deed Book 17725, page

1593 et seq.; a copy of said deed is attached as Exhibit “B”; and

WHEREAS, on December 19, 2019, Russo/Perchiano gave a recapture mortgage in

accordance with the State’s Affordable Housing Program to the Township of Monroe requiring

Russo/Perchiano to pay the sum of $31,683.00 to the Municipality upon the first non-exempt sale

of their property having an address of 1020 Morning Glory Drive, as provided under the rules of

the New Jersey Housing and Mortgage Finance Agency set forth in N.J.A.C. 5:80-26.5(c), said

mortgage having been recorded with the Middlesex County Clerk on July 17, 2020, in Mortgage

Book 17948 on Pages 1441-1447 et seq.; a copy of said mortgage is attached as Exhibit “C”; and

WHEREAS, the Cartagena Affordable Housing Lien qualifies for discharge under the

New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the rules of the New Jersey

Housing and Mortgage Finance agency set forth in N.J.A.C. 5:80-26.1 et seq; and

WHEREAS, Cartagena sold the Property to Russo/Perchiano, and Russo/Perchiano

executed a new affordable housing recapture mortgage in favor of the Township; accordingly, the

Cartagena Affordable Housing Lien should be discharged; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are

authorized and directed to execute the Discharge of Mortgage, annexed hereto as Exhibit “D”.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO: R-8-2020-179

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING THE DISCHARGE OF AFFORDABLE HOUSING LIEN

GIVEN ON 1142 MORNING GLORY DRIVE

WHEREAS, on April 23, 2014, Kadeidra Robinson (“Robinson”) gave a recapture

mortgage in accordance with the State’s Affordable Housing Program, to the Township of Monroe

requiring Robinson to pay the sum of $90,000.00 to the Municipality upon the first non-exempt

sale of their property having an address of 1142 Morning Glory Drive, (the “Property”) as provided

under the rules of the New Jersey Housing and Mortgage Finance Agency set forth in N.J.A.C.

5:80-26.5(c), said mortgage having been recorded with the Middlesex County Clerk on June 13,

2014, in Mortgage Book 6579 on Page 641 et seq. (the “Robinson Affordable Housing Lien”); a

copy of said mortgage is attached as Exhibit “A”; and

WHEREAS, on November 14, 2019, Robinson sold the Property to Jitendrabhai M. and

Ranjanbahen J. Patel, (“Patel’s”); Robinson executed a deed in the mandatory form required for

ownership units subject to restrictive covenant required by N.J.A.C. 5:80-26.5(d) transferring title

to the Property to the Patel’s for the sum of $185,895.00, said deed having been recorded with the

Middlesex County Clerk on January 3, 2020 in Deed Book 17738, page 1385 et seq.; a copy of

said deed is attached as Exhibit “B”; and

WHEREAS, on November 14, 2019, the Patel’s gave a recapture mortgage in accordance

with the State’s Affordable Housing Program to the Township of Monroe requiring the Patel’s to

pay the sum of $18,859.00 to the Municipality upon the first non-exempt sale of their property

having an address of 1142 Morning Glory Drive, as provided under the rules of the New Jersey

Housing and Mortgage Finance Agency set forth in N.J.A.C. 5:80-26.5(c), said mortgage having

been recorded with the Middlesex County Clerk on January 3, 2020, in Mortgage Book 17738 on

Page 1414 et seq.; a copy of said mortgage is attached as Exhibit “C”; and

WHEREAS, the Robinson Affordable Housing Lien qualifies for discharge under the New

Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the rules of the New Jersey Housing

and Mortgage Finance agency set forth in N.J.A.C. 5:80-26.1 et seq; and

WHEREAS, Robinson sold the Property to Patel’s, and the Patel’s executed a new

affordable housing recapture mortgage in favor of the Township; accordingly, the Robinson

Affordable Housing Lien should be discharged; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are

authorized and directed to execute the Discharge of Mortgage, annexed hereto as Exhibit “D”.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-180

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AN EXTENSION OF CONTRACT WITH

POWER SAWS OF AMERICA INC. T/A RKD TREE SERVICE

FOR MONROE TOWNSHIP TREE REMOVAL AND PRUNING

WHEREAS, on May 7, 2018 per Resolution No. R-5-2018-147, Power Saws of America

Inc. t/a RKD Tree Service was awarded the Tree Removal and Pruning Services contract; and

WHEREAS, the current contract renewal expired on May 7, 2020 and the Township has

an option to extend for one additional one-year period; and

WHEREAS, the Township Qualified Purchasing Agent, in correspondence dated July 15,

2020, attached hereto, inquired as to the willingness of Power Saws of America Inc. to extend their

current contract for 6 months, expiring November 30, 2020; and

WHEREAS, the attached letter dated June 28, 2020 and email dated July 15, 2020

indicates the willingness of Power Saws of America to extend the current contract from May 8,

2020 thru November 30, 2020, under the same terms, conditions and pricing contained within their

original bid specification and contract; and

WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds

are available as set forth in Certificate No C-1800032, a copy of which is attached hereto as Exhibit

"A"; and

WHEREAS, the contract for Monroe Township Tree Removal and Pruning is being

extended six (6) months to November 30, 2020 in accordance with N.J.S.A. 40A:11-15 of the

Local Public Contracts Law;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby

consents to the six-month extension of contract with Power Saws of America, Inc. under the same

terms, conditions and pricing within their original bid specification submitted for Tree Removal

and Pruning; and

BE IT FURTHER RESOLVED that the Finance Department is hereby authorized and

directed to pay Invoices for the above referenced vendor in accordance with the original terms,

conditions and pricing contained within their original 2018 contract entered into between the

parties;

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the above to be a true and exact copy of a Resolution adopted by the

Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-181

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO EXECUTE

A SHARED SERVICES AGREEMENT

BETWEEN THE TOWNSHIP OF MONROE AND TOWNSHIP OF EAST BRUNSWICK

FOR COMMUNICATION SERVICES

WHEREAS, the Township of Monroe, hereinafter “Monroe”, has requested to enter into

a Shared Services Agreement with the Township of East Brunswick, hereinafter “East Brunswick”

located at 1 Jean Walling Civic Center Drive, East Brunswick, N.J. 08816 for communication

services; and

WHEREAS, Monroe is proactive in addressing issues that are in the best interest to protect

the public safety and welfare of the community; and

WHEREAS, Monroe is in need of an upgraded communication system and East

Brunswick has agreed to the connection by Monroe to East Brunswick’s ASTRO 25 IP Digital

Trunked Simulcast Core System for communication services; and

WHEREAS, the Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.,

authorizes local units of this State to enter into agreements with any other local unit or units to

provide or receive any service that each local unit participating in the agreement is empowered to

provide or receive in its own jurisdiction; and

WHEREAS, Monroe is in receipt of a Shared Services Agreement between the Township of

Monroe and the Township of East Brunswick in which the parties mutually agree to the provisions

set forth within the Shared Services Agreement at a cost not to exceed $25,000.00; and

WHEREAS, the Township’s Certified Municipal Finance Officer has determined that

sufficient funds are available, as set forth in Certificate No.C-2000042, a copy of which is attached

hereto as Exhibit "A”; and

WHEREAS, it is in the best interests of the Township of Monroe to execute said Shared

Services Agreement, which shall be for a one-year period commencing August 3, 2020;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe in the County of Middlesex and State of New Jersey. that the Mayor and Township

Clerk be and are hereby authorized and directed to execute the attached Shared Services

Agreement and forward same to the Township of East Brunswick.

BE IT FURTHER RESOLVED that the Township’s Certified Municipal Finance Officer

is hereby authorized and directed to pay the Township of East Brunswick. in accordance with the

shared service agreement entered into between the parties.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution adopted by

the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-182

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AN AMMENDMENT TO CONTRACT NO. 479

“ION EXCHANGE SYSTEM REPAIR AND MAINTENANCE” WITH LAYNE

EXTENDING THE TERMINATION DATE TO MAY 7, 2021

FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”)

WHEREAS, the Monroe Township Utility Department (“M.T.U.D.”) is currently under

contract with LAYNE for ION EXHCHANGE SYSTEM REPAIR MAINTENANCE; and

WHEREAS, the section of the current contract detailed specifications, Section 13.

“Contract Terms and Extension” allows for the extension of this contract at the request of the

Monroe Township Utility Department; and

WHEREAS, the M.T.U.D. Purchasing Agent after consultation with the Water

Superintendent, feels it is in the best interest of the Monroe Township Utility Department to extend

the current contract for the additional/final (1) one-year term, and has notified Layne, Inc. of the

M.T.U.D.’s intention to extend said contract via a letter dated June 8, 2020; and

WHEREAS, Layne has indicated their acknowledgment and agreement to the extension

by signing and returning the above referenced letter, a copy of which is attached hereto as Exhibit

“B”; and

WHEREAS, pursuant to N.J.A.C. 5:30-5.4, the M.T.U.D.’s Township Chief Financial

Officer has certified availability of funds in Certificate No. M-180022 a copy of which is attached

hereto as Exhibit "A"; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, that it hereby authorizes and approves the M.T.U.D. extending its open-ended contract

for the supply of Ion Exchange Repair and Maintenance, based on the unit pricing and estimated

quantities, for the year (3) three final extension term. The new expiration date shall be May 7,

2021. The terms and conditions of the agreement shall remain unchanged, and the pricing shall

be as per the bid submitted.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-183

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING RELEASE OF MAINTENANCE GUARANTEE

POSTED FOR CLEARVIEW ESTATES - PB-1029-06

WHEREAS, the developer has posted a cash maintenance guarantee in the amount of

$78,729.01 for Clearview Estates, Block 35, Lots 27 & 28 - PB-1029-06; and

WHEREAS, on March 8, 2019 by Resolution No. R-3-2019-074, by recommendation of

the Township Engineer, the maintenance guarantee was reduced to $38,504.40 because infiltration

basin issues still existed; and

WHEREAS, on March 2, 2020 by Resolution No. R-3-2020-107, by recommendation of

the Township Engineer, the maintenance guarantee was further reduced to $7,320.00 until the

basin modifications were satisfactorily completed and the basin was functioning as required; and

WHEREAS, said work has been completed and the developer has requested the release of

the balance of the cash Maintenance Guarantee; and

WHEREAS, as defined in N.J.S.A. 40:55D-53 et seq., the Township Engineer has

inspected the detention basin improvements in the field and found that the improvements have

been satisfactorily completed and has recommended the Monroe Township Council to approve the

request for release of the cash maintenance guarantee, as detailed in a letter dated July 21, 2020, a

copy of which is attached hereto as Exhibit "A"; and

WHEREAS, the Monroe Township Council has reviewed and hereby approves the

recommendation of the Township Engineer to release the balance of the cash maintenance

guarantee in the amount of $7,320.00;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex and State of New Jersey that the cash maintenance

guarantee posted for Clearview Estates, Block 35, Lots 27 & 28 - PB-1029-06, be released as

reflected above and within the letter annexed hereto.

BE IT FURTHER RESOLVED that this approval for release of cash maintenance

guarantee is conditioned upon the resolution of any outstanding balances attached to the project

escrow accounts and payment of any outstanding Township fees.

BE IT FURTHER RESOLVED that the Monroe Township Finance Department is

hereby authorized and directed to release said cash Maintenance Guarantee in the amount of

$7,320.00 and any escrow accounts related to this project.

SO RESOLVED, as aforesaid.

_____________________________________

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-184

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AWARD OF BID TO MECO, INC. FOR

2020 ROADWAY IMPROVEMENTS

WHEREAS, on July 23, 2020 thirteen (13) sealed bids were received by Monroe

Township regarding 2020 Roadway Improvements; and

WHEREAS, the Township Engineer, by copy of letter dated July 24, 2020, has

recommended Meco, Inc. P.O. Box 536, Clarksburg, N.J. 08510, be awarded the base bid and

alternates 1, 2 and 3 bid based upon their bid submission in the amount of $1,217,045.38; and

WHEREAS, the Township Council has reviewed the recommendations made by the

Township Engineer regarding said bid; and

WHEREAS, the Township’s Certified Municipal Finance Officer has determined that

sufficient funds are available, as set forth in Certificate No. C-2000043, a copy of which is attached

hereto as Exhibit "A”; and

WHEREAS, no contract that is subject to the requirements of the Affirmative Action

Regulations pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. shall be awarded by

the Township of Monroe, nor shall any monies be paid there under, to any contractor, subcontractor

of business firm that has not agreed and guaranteed to comply with Affirmative Action Regulations

and to afford equal opportunity in the performance of the contract in accordance with the

affirmative action plan approved under the terms established in the above cited regulations;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, State of New Jersey that it has rendered its advice and

hereby consents to the award of bid to Meco, Inc. for the 2020 Roadway Improvements, at a

total contract price of $1,217,045.38; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby

authorized and directed to execute a contract with Meco, Inc.; and

BE IT FURTHER RESOLVED that the Township’s Certified Municipal Finance Officer

is hereby authorized and directed to pay Meco, Inc. in accordance with the contract entered into

between the parties; and

BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that

Meco, Inc. shall comply with Affirmative Action Regulations, including revising their contracts

as necessary to add mandatory affirmative action language, and submitting a completed AA-201,

within seven (7) days of notification of award of the contract or risk being declared non-responsive

and forfeiting the award.

BE IT FURTHER RESOLVED, thereafter, a completed AA-202, monthly project

workforce report, must be submitted once a month for the duration of the contract to the

Department of Labor and to the Monroe Township Public Agency Compliance Officer.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-185

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING AWARD OF BID TO DOT DESIGNING INC.

FOR MONROE TOWNSHIP SHIRTS AND HATS

WHEREAS, on July 29, 2020 two (2) sealed bids were received by Monroe Township regarding

the Shirts and Hats bid; and

WHEREAS, the Monroe Township Business Administrator recommends in his letter dated July

29, 2020, a copy of which is attached hereto, that the contract be awarded to DOT Designing LLC., 242

Possum Hollow Road, Monroe Twp., NJ 08831 at the unit pricing provided by the bidder and as shown on

the attached schedule of rates; and

WHEREAS, the Township Council has reviewed the recommendations made by the Business

Administrator regarding said bid; and

WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds are

available, as set forth in Certificate No. C-2000044, a copy of which is attached hereto as Exhibit "A"; and

WHEREAS, the Utility Finance Manager has certified the availability of funds in Certificate No.

M-200011, a copy of which is attached hereto as Exhibit "B"; and

WHEREAS, no contract that is subject to the requirements of Article 3 of the Affirmative Action

Regulations pursuant to Public Law 1975, Chapter 127 (N.J.A.C. 17:27-1, et seq.) shall be awarded by the

Township of Monroe, nor shall any monies be paid thereunder, to any contractor, subcontractor of business

firm that has not agreed and guaranteed to comply with Affirmative Action Regulations and to afford equal

opportunity in the performance of the contract in accordance with the affirmative action plan approved

under the terms established in the above-cited regulations;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of

Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby consents to

the award of a 1 year contract to DOT Designing, LLC, for Monroe Township Shirts and Hats at the unit

pricing provided by the bidder, said contract to expire on July 31, 2021, with the provision authorizing the

Business Administrator to extend for two additional one year periods with the consent of the bidder; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized and

directed to execute a contract with DOT Designing LLC.; and

BE IT FURTHER RESOLVED that the Certified Municipal Finance Officer is hereby authorized

and directed to pay DOT Designing LLC. in accordance with the contract entered into between the parties;

and

BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that DOT

Designing LLC shall comply with Affirmative Action Regulations, including revising their contracts as

necessary to add mandatory affirmative action language, and submitting either a letter of federal approval

or a certificate of employee information report, or a completed form AA302 at the time the signed contracts

are returned to the Township of Monroe, or seven (7) days thereafter, or risk being declared non-responsive

and forfeiting the award.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution adopted by

the Monroe Township Council at its Meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-186

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

AUTHORIZING THE AWARD OF BID TO PABCO INDUSTRIES, LLC

FOR THE PURCHASE OF GRASS BAGS

FOR THE MONROE TOWNSHIP DEPARTMENT OF PUBLIC WORKS

WHEREAS, on July 29, 2020 one (1) sealed bid was received by Monroe Township

regarding the purchase of Grass Bags for the Department of Public Works; and

WHEREAS, the Monroe Township Business Administrator recommends, by copy of letter

dated July 29, 2020, a copy of which is attached hereto, that the Grass Bag contract be awarded to

Pabco Industries, LLC. 166 Frelinghuysen Avenue, Newark, NJ, at the unit pricing of $.042 per

bag, as provided by the bidder, and as shown on the attached schedule of rates; and

WHEREAS, the Township Council has reviewed the recommendation made by the

Business Administrator regarding said bid and finds same to be reasonable; and

WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds

are available, as set forth in Certificate No C-2000045, a copy of which is attached hereto as

Exhibit "A"; and

WHEREAS, no contract that is subject to the requirements of the Affirmative Action

Regulations pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. shall be awarded by

the Township of Monroe, nor shall any monies be paid there under, to any contractor, subcontractor

of business firm that has not agreed and guaranteed to comply with Affirmative Action Regulations

and to afford equal opportunity in the performance of the contract in accordance with the

affirmative action plan approved under the terms established in the above cited regulations;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby

consents to the award of a contract for the Department of Public Works Grass Bags, at the unit

pricing provided by the bidder, said contract to commence immediately and expiring August 31,

2021 with the provision authorizing the Business Administrator to extend for a period of one

additional year with the consent of the bidder; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby

authorized and directed to execute a contract with Pabco Industries, LLC. at a cost not to exceed

$.042 per unit,; and

BE IT FURTHER RESOLVED that the Certified Municipal Finance Officer is hereby

authorized and directed to pay Pabco Industries, LLC. in accordance with the contract entered

into between the parties; and

BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that

Pabco Industries shall comply with Affirmative Action Regulations, including revising their

contracts as necessary to add mandatory affirmative action language, and submitting either a letter

of federal approval or a certificate of employee information report, or a completed form AA302 at

the time the signed contracts are returned to the Township of Monroe, or seven (7) days thereafter,

or risk being declared non-responsive and forfeiting the award.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the above to be a true and exact copy of a Resolution adopted by the

Monroe Township Council at its meeting on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-187

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

DECLARING CONTRACTOR DEFAULT AND AUTHORIZING

THE TOWNSHIP TO TAKE ACTION AGAINST THE PERFORMANCE BONDS

POSTED BY LENNAR/LORI GARDENS ASSOCIATES II, LLC, FOR PHASE 2,

SECTION 8B; PHASE 2, SECTION 9; PHASE 2, SECTION 10; PHASE 2, SECTION 10

PARTIAL STORM; AND PHASE 2, PERIMETER ONLY

OF THE GREENBRIAR AT STONEBRIDGE DEVELOPMENT

WHEREAS, on April 28, 2011, memorialized on May 26, 2011, Lennar Company/Lori

Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major Subdivision Approval

by the Monroe Township Planning Board pursuant to Resolution PB #1094-10 for Phase 2,

Section 8B of the Greenbriar at Stonebridge development (“Subject Project”); and

WHEREAS, on December 12, 2012, The Continental Insurance Company (“Surety”),

issued a Rider on Performance Bond No. 92953952 (effective 10/18/11 Performance Bond No.

changed to 929539752) (“Section 8B Performance Bond”), in the amount of $483,262.52 to

assure completion of construction on the Subject Project; and

WHEREAS, on February 23, 2012, memorialized on March 22, 2012, Lennar

Company/Lori Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major

Subdivision Approval by the Monroe Township Planning Board pursuant to Resolution PB

#1108-11 for Phase 2, Section 9 and Phase 2 Section 10 Partial Storm of the Subject Project; and

WHEREAS, on April 21, 2014, Liberty Mutual Insurance Company (“Surety”), issued a

Rider on Performance Bond No. 024022996 (“Section 9 Performance Bond”) in the amount of

$608,831.93, to assure completion of construction on the Subject Project; and

WHEREAS, on November 21, 2014, Liberty Mutual Insurance Company (“Surety”),

issued a Rider on Performance Bond No. 024022995 (“Partial Storm Performance Bond”), in the

amount of $201,861.27, respectively, to assure completion of construction on the Subject

Project; and

WHEREAS, on February 28, 2013, memorialized on April 3, 2013, Lennar

Company/Lori Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major

Subdivision Approval by the Monroe Township Planning Board pursuant to Resolution PB

#1125-12 for Phase 2, Section 10 of the Subject Project; and

WHEREAS, on November 21, 2014, The Continental Insurance Company (“Surety”),

issued a Rider on Performance Bond No. 929582946 (“Phase 2, Section 10 Performance Bond”),

in the amount of $555,711.89 to assure completion of construction on the Subject Project; and

WHEREAS, on February 23, 2012, memorialized on March 22, 2012, Lennar

Company/Lori Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major

Subdivision Approval by the Monroe Township Planning Board pursuant to Resolution PB

#945-05 (Final PB-1108-11) for Phase 2, Perimeter Only of the Subject Project; and

WHEREAS, on March 21, 2011, The Continental Insurance Company (“Surety”), issued

a Rider on Performance Bond No. 929501250 (“Perimeter Only Performance Bond”), in the

amount of $486,998.36 to assure completion of construction on the Subject Project; and

WHEREAS, the Section 8B Performance Bond, the Section 9 Performance Bond; the

Partial Storm Performance Bond, the Section 10 Performance Bond, and the Perimeter Only

Performance Bond shall be collectively referred to as the “Performance Bonds”; and

WHEREAS, on June 29, 2020, the Township Engineer identified certain incomplete

work on the Subject Project, and demanded that Lori Gardens correct said deficiencies within 30

days; and

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WHEREAS, as of July 29, 2020, the thirty days allowed by the Township for completion

of the deficient work expired and the incomplete work persists; and

WHEREAS, Lori Gardens has not diligently worked to complete the necessary work in a

timely fashion; and

WHEREAS, the Performance Bonds require a municipal declaration of default with

notice to Lori Gardens and Surety; and

WHEREAS, the law firm of Rainone Coughlin Minchello, LLC is prepared to issue a

formal notification to Lori Gardens and Surety on a municipal declaration of default, in

substantially the form attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, State of New Jersey, that the Township hereby declares

Lori Gardens in default of its obligation to complete construction at the Subject Project, and

BE IT FURTHER RESOLVED that the Township Attorney is hereby authorized to take

all action necessary and proper to obtain payment of the Performance Bonds amounts from The

Continental Insurance Company and Liberty Mutual Insurance Company as to the Subject Project

due to the failure of Lori Gardens to complete the required construction, and that said Surety funds

shall be used to pay for the cost of completing the construction, including professional engineering

and attorney fees incurred by the Township relating thereto.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk

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MONROE TOWNSHIP, MIDDLESEX COUNTY

RESOLUTION NO.: R-8-2020-188

RESOLUTION OF THE MONROE TOWNSHIP COUNCIL

DECLARING CONTRACTOR DEFAULT AND AUTHORIZING

THE TOWNSHIP TO TAKE ACTION AGAINST THE PERFORMANCE BOND

POSTED BY K. HOVNANIAN AT MONROE NJ II, LLC, FOR THE NORTH VILLAGE

OF THE FOUR SEASONS AT MONROE DEVELOPMENT

WHEREAS, on June 23, 2011, memorialized on July 28, 2011, K. Hovnanian at Monroe

NJ II, LLC (“K. Hovnanian”) was awarded Final Major Subdivision Approval by the Monroe

Township Planning Board pursuant to Resolution PB #1089-10 for the North Village of the Four

Seasons at Monroe development (“Subject Project”); and

WHEREAS, on October 31, 2018, Lexon Insurance Company (“Fidelity” or “Surety”),

issued a Rider on Performance Bond No. 1085976 (“Performance Bond”), in the amount of

$2,639,918.49 to assure completion of construction on the Subject Project; and

WHEREAS, on June 29, 2020, the Township Engineer identified certain incomplete

work on the Subject Project, and demanded that K. Hovnanian correct said deficiencies within 30

days; and

WHEREAS, as of July 29, 2020, the thirty days allowed by the Township for completion

of the deficient work expired and the incomplete work persists; and

WHEREAS, K. Hovnanian has not diligently worked to complete the necessary work in

a timely fashion; and

WHEREAS, the Performance Bond requires a municipal declaration of default with

notice to K. Hovnanian and Surety; and

WHEREAS, the law firm of Rainone Coughlin Minchello, LLC is prepared to issue a

formal notification to K. Hovnanian and Surety on a municipal declaration of default, in

substantially the form attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe, in the County of Middlesex, State of New Jersey, that the Township hereby declares

K. Hovnanian in default of its obligation to complete construction at the Subject Project, and

BE IT FURTHER RESOLVED that the Township Attorney is hereby authorized to take

all action necessary and proper to obtain payment of the Performance Bond amount from Lexon

Insurance Company as to the Subject Project due to the failure of K. Hovnanian to complete the

required construction, and that said Surety funds shall be used to pay for the cost of completing

the construction, including professional engineering and attorney fees incurred by the Township

relating thereto.

SO RESOLVED, as aforesaid.

MIRIAM COHEN, Council President

CERTIFICATION

I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution

adopted by the Monroe Township Council at its meeting held on August 3, 2020.

PATRICIA REID, Township Clerk