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2024 Affordable Housing Annual Monitoring Report
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Executive Summary
This document is the 2024 Annual Monitoring Report for affordable housing in Union City, Hudson County, New Jersey. The report outlines the status of affordable housing projects and accounts for housing trust fund activity, as mandated by a 2017 Settlement Agreement. Union City, designated as a State-designated Urban Aid Municipality, has specific obligations to maintain and report on affordable housing. As of April 8, 2024, the Affordable Housing Trust Fund had a balance of $2,257,664.85.
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--- Document: 2024 Affordable Housing Annual Monitoring Report Document ---
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
2024 AFFORDABLE HOUSING
ANNUAL MONITORING REPORT
CITY OF UNION CITY
Hudson County, New Jersey
May 1, 2024
Prepared By:
Heyer, Gruel & Associates
Community Planning Consultants
236 Broad Street, Red Bank, NJ 07701
(732) 741-2900
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
1
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
The purpose of this report is to outline the status of affordable housing projects as well as to account for
housing trust fund activity. The City of Union City is a State-designated Urban Aid Municipality, and as such,
has Prior and Third Round obligations of 0 units. The City executed a Settlement Agreement on May 2, 2017
and was issued a Final Order Judgement of Compliance and Repose (“JOR”) on October 23, 2018. Pursuant
to the Executed Settlement Agreement, on each anniversary of the Executed Settlement Agreement, the
City shall provide annual reporting of the status of all affordable housing activity within the municipality.
The following constitutes that report. Pursuant to the 2017 Executed Settlement Agreement, Union City’s
Affordable Housing Obligation is as follows:
Present Need / Rehabilitation Share: 1,442 units
Prior Round: 0 units
Third Round: 0 units
Union City adopted a Housing Element and Fair Share Plan on September 18, 2017 (“2017 HEFSP”). The
2017 HEFSP was approved by the Court via a Final JOR, dated October 23, 2018.
TRUST FUND MONITORING
The City of Union City’s 2017 Spending Plan was approved by the Court on May 10, 2017. In the years since
the initial approval, the City has prepared three amended spending plans in 2018, 2021, and 2023,
respectively.
The 2018 Amended Spending Plan was approved on October 23, 2018 by the Court via a Final JOR. The
2021 Spending Plan, dated August 3, 2021, was approved by the Court in an Order dated December 7, 2021.
Both the 2018 and 2021 Spending Plans accounted for expenditures associated with the rehabilitation of
units under the control of the Union City Housing Authority. Through the two Spending Plans, funds were
approved to rehabilitate 40 units located at 110-418 Cantello Street, and 12 units located at 519-521
Summit Avenue. The 40 units on Cantello Street were approved for $1,375,710.00 for full renovations. The
12 units on Summit Avenue were approved for $163,825.33 for their renovations.
Most recently, the City prepared its 2023 Amended Spending Plan (Appendix A) in July 2023 to allocate
$850,000 to support a 100% affordable age-restricted development at 720 8th Street to ensure that its
monthly rents are capped at $800. Additionally, the Plan allocated $1.4 million toward general rehabilitation
and construction of potential affordable housing developments. The 2023 Amended Spending Plan was
approved by the Board of Commissions on October 3, 2023 via Resolution 10/3-14 (Appendix B), and was
approved by the Courts on November 22, 2023 via Docket No. HUD-L-2862-15 (Appendix C). The City has
subsequently continued negotiations with RPM Development Group, who will develop the 720 8th Street
property. The final redevelopment agreement (Appendix D) was executed in 2023. It is anticipated they will
break ground in early May 2024.
The City’s Affordable Housing Trust Fund had a balance of $2,502,392.95 at the time of the 2023 Annual
Monitoring Report. Since then, the City has made one administrative expenditure of $1,500. In addition, at
the request of the developer, the City refunded $752,322 of developer fees to Airn Holding Co. LLC to
account for the fact that they did not move forward with any construction as planned. Since the 2023 annual
Monitoring Report, the City has received $535,869.90 in development fees and interest. As of April 8, 2024,
the Affordable Housing Trust Fund had a balance of $2,257,664.85.
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
2
PRIOR AND THIRD ROUND MONITORING
Union City, Hudson County
Annual Project Form 9/18/2017 - Present
Site/Program Name:
Garden State Episcopal Community
Development Corporation
Blue Chapel
Affordable Housing
Round:
Third Round
Third Round
Project Type:
Support & Special Needs
100% Affordable, Age-Restricted
Block & Lot:
B181, L1.02
B 66, L 1
Street:
1514-1518 Palisade Avenue
605 14th Street
Status:
Built
Ongoing
Date:
Final C.O. received May 2020
Length of Controls:
30 years
30 years
(to begin with occupancy)
Administrative Agent:
Garden State Episcopal Community
Development Corporation
514 Newark Ave, Jersey City, NJ
07306
gsecdc.org
TBD
Contribution (PIL):
N/A
N/A
Type of Units:
Support & Special Needs
Age-Restricted Rental
Total Affordable Units:
11
75
Income/Bedroom
Distribution:
Group Home/Assisted Living
Bedrooms
1 BR
2 BR
3 BR
Very Low Income
-
TBD
Low Income
-
Moderate Income
-
Comments:
The 2017 HEFSP provided for 9 units
from this development. The project
was ultimately developed with 11 units,
all of which are currently leased.
At the time of site plan approval, the
Administrative Agent will ensure income
level and number of bedrooms will
comply
with
applicable
UHAC
regulations.
While there is currently no movement on
this project, the City still believes this is a
feasible project and will work toward its
implementation.
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
3
Union City, Hudson County
Annual Project Form 9/18/2017 - Present
Site/Program Name:
St. John’s
Block 42, Lot 9 (720 8th Street)
Affordable Housing
Round:
Third Round
Third Round
Project Type:
100% Affordable
100% Affordable, Age-Restricted
Block & Lot:
B 210, L 11-20
B42, L9
Street:
3501-3509 and 3511 Palisade Avenue
720 8th Street
Status:
Ongoing
Ongoing
Date:
Length of Controls:
30 years
(to begin with occupancy)
30 years
(to begin with occupancy)
Administrative
Agent:
TBD
TBD
Contribution (PIL):
N/A
N/A
Type of Units:
Family Rental
Age-Restricted Rental
Total Affordable
Units:
25
100
Income/Bedroom
Distribution:
1 BR
2 BR
3 BR
1 BR
2 BR
3 BR
Very Low Income
TBD
TBD
Low Income
Moderate Income
Comments:
At the time of site plan approval, the
Administrative
Agent
will
ensure
income level and number of bedrooms
will comply with applicable UHAC
regulations.
While there is currently no movement
on this project, the City still believes
this is a feasible project and will work
toward its implementation.
RPM Development Group is the designated
developer for this. As of November 2023, the
team has secured all of the necessary
approvals and financing for the project, and
initial construction activities began in early
May 2024.
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
4
REHABILITATION PROGRAM MONITORING
Pursuant to the 2017 Settlement Agreement, Union City has a Third Round Rehabilitation Share / Present
Need of 1,442 units. As noted in the 2022 Annual Monitoring Report, two projects received HOME funds
from the Hudson County Consortium since the adoption of the Housing Element and Fair Share Plan:
113 37th Avenue
A two-family structure at 113 37th Street received $294,505 from HOME to rehabilitate the two
units to create affordable family rental units. The units are completed and occupied with an
affordable control period of 15 years.
518 10th Street
The second development is located at 518 10th Street and received $147,201 in HOME funds to
produce four affordable family rental units. The units are completed and occupied with an
affordable control period of 15 years.
No additional projects have received HOME funds since the 2023 Annual Monitoring Report.
The City has provided funding to the following rehabilitation projects associated with the Union City
Housing Authority:
519-521 Summit Avenue
This property consists of a three-story building containing 12 residential units under control of the
Union City Housing Authority. The City utilized trust fund monies to replace 12 boilers, 12 water
heaters, all damaged baseboards throughout the building as well as 13 windows; update electrical
wiring, significant plumbing, and the roof, as well as related activities such as painting and
replacement of hardware. A total of $163,825.33 was spent on this project, which is now completed
and occupied.
110-148 Cantello Street
The Union City Housing Authority also currently operates the Cantello Street Veterans Housing
development, located at 110-148 Cantello Street. The property consists of post-WWII construction
and includes 40 two-bedroom units located within four buildings. The City utilized trust fund
monies to support the rehabilitation of the 40 units, including kitchen and bathroom
refurbishments, electrical upgrades, replacement of 500 windows, as well as related activities such
as stairwell repairs/improvements and painting and replacement of hardware. A total of
$1,375,710.00 has been spent on the project.
The rehabilitation activities completed on the Summit Avenue and Cantello Street units effectively bring all
52 existing units up to applicable building code standards, thus making them available for rent to income-
qualified households. The 52 units can be applied to the City’s rehabilitation obligation.
VERY LOW-INCOME REPORTING
The City will ensure that 13% of all affordable units created under the implementation Plan, with the
exception of units constructed as of July 1, 2008 and units subject to preliminary or final site plan approval
as of July 1, 2008, will be affordable to very low-income households. Half of the very low-income units will
be made available to families.
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
Appendix A
City of Union City
Affordable Housing Trust Fund Spending Plan
Amended July 2023
City of Union City
Affordable Housing Trust Fund Spending Plan
April 2017
Amended April 2018, August 2021, July 2023
Approved by the Court May 10, 2017, June 20, 2018, December 7, 2021
City of Union City
Hudson County, New Jersey
Prepared By:
Heyer, Gruel & Associates
Community Planning Consultants
236 Broad Street, Red Bank, NJ 07701
(732) 741-2900
The original of this report was signed and
sealed in accordance with N.J.S.A. 45:14A-12
____________________________________
M. McKinley Mertz, AICP, P.P. #6368
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 2
CONTENTS
INTRODUCTION ................................................................................................................................................... 3
1. REVENUES FOR CERTIFICATION PERIOD ................................................................................................ 4
(a)
Development fees ........................................................................................................................... 4
(b)
Payment in lieu (PIL) ....................................................................................................................... 4
(c)
Other funding sources .................................................................................................................... 4
(d)
Projected interest ............................................................................................................................ 4
(e)
Projected Revenues ........................................................................................................................ 5
2. ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS .............................................. 6
(a)
Collection of development fee revenues ....................................................................................... 6
(b)
Distribution of development fee revenues .................................................................................... 6
(c)
Collection and distribution of barrier free funds ........................................................................... 6
3. DESCRIPTION OF ANTICIPATED USE OF AFFORDABLE HOUSING FUNDS ............................................ 7
(a) Rehabilitation Projects (N.J.A.C. 5:93-8.16) ................................................................................. 7
(b) Affordability Assistance (N.J.A.C. 5:93-8.16) ............................................................................... 8
(c) Administrative Expenses (N.J.A.C. 5:93-8.16) .............................................................................. 9
4. EXPENDITURE SCHEDULE........................................................................................................................ 10
SUMMARY .......................................................................................................................................................... 11
APPENDIX
Appendix A
May 20, 2017 Court Order Approving the Settlement with Fair Share Housing Center, the
Housing Element and Fair Share Plan, and the Spending Plan
Approved 2017 Spending Plan
Appendix B
June 20, 2018 Court Order Approving the April 2018 Spending Plan
Approved 2018 Spending Plan
Appendix C
December 7, 2021 Court Order Approving the August 2021 Spending Plan
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 3
INTRODUCTION
The City of Union City, Hudson County has prepared a Housing Element and Fair Share plan that addresses
its regional fair share of the affordable housing need in accordance with the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) and the Fair Housing Act (N.J.S.A. 52:27D-301). A development fee ordinance
(Ordinance No. 4974) creating a dedicated revenue source for affordable housing was approved by COAH
on May 9, 2006 and adopted by the City on June 7, 2006. The development fee ordinance established
standards for the collection, maintenance, and expenditure of development fees consistent with COAH
rules and P.L.2008, c.46 (C.52:27D-329.1 et al.). The City received approval by COAH on June 16, 2009 for
an amended development fee ordinance, and on July 21, 2009 the City adopted the 2009 COAH-approved
development fee ordinance (Chapter 40 of the City’s Municipal Code). On July 24, 2018, the City once again
amended its development fee ordinance (Chapter 40) to update the ordinance to current standards.
The City prepared a Spending Plan in accordance with N.J.A.C. 5:93-5.1, et. seq. in 2017. The 2017
Spending Plan was approved by the Court via an Order dated May 20, 2017 (see Appendix A). The City
subsequently amended their Court-approved Spending Plan to include provisions for additional affordable
housing projects, specifically two rehabilitation projects for 100% affordable developments managed by
the Housing Authority. The amended Spending Plan, dated April 2018, was approved by the Court via Order
dated July 20, 2018 (see Appendix B). The City amended its Spending Plan again in 2021 to account for
additional rehabilitation work undertaken by the Union City Housing Authority. That Spending Plan, dated
August 3, 2021, was approved by the Board of Commissioners on September 7, 2021 and by the Court on
December 7, 2021 (see Appendix C).
The City is now amending its Spending Plan again to update the information and include further provisions
for new affordable housing projects.
As of July 14, 2021, the Affordable Housing Trust Fund that was established by Union City had a balance
of $2,598,321. The account status and transaction history can be found on the following pages. All
development fees, payments in lieu of constructing affordable units on site, funds from the sale of units
with extinguished controls, and interest generated by the fees are deposited in a separate interest-bearing
affordable housing trust fund for the purposes of affordable housing. These funds shall be spent in
accordance with N.J.A.C. 5:93 or applicable regulations as described in the sections that follow.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 4
1. REVENUES FOR CERTIFICATION PERIOD
To calculate a projection of revenue anticipated during the period of third round “substantive certification,”
the City of Union City considered the following:
(a) Development fees
1. Residential and nonresidential projects which have had development fees imposed upon them
at the time of preliminary or final development approvals;
2. All projects currently before the planning and zoning boards for development approvals that
may apply for building permits and certificates of occupancy; and
3. Future development that is likely to occur based on historical rates of development.
(b) Payment in lieu (PIL)
Actual and committed payments in lieu (PIL) of construction from developers.
(c) Other funding sources
Funds from other sources, including, but not limited to, the sale of units with extinguished controls,
repayment of affordable housing program loans, rental income, proceeds from the sale of affordable units.
No other funds have been or are anticipated to be collected.
(d) Projected interest
Interest on the projected revenue in the municipal affordable housing trust fund at the current average
interest rate.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 5
(e) Projected Revenues
Projected Revenues: Affordable Housing Trust Fund
2023 through 2025
SOURCE OF FUNDS
Trust Fund
balance
7/14/2023
2023
2024
2025
Total Revenue
Current Balance
$2,598,321
$2,598,321
(a) Projected
Development Fees
-
$80,000
$110,000
$110,000
$300,000
Interest
-
$2,200
$3,025
$3,025
$8,250
$308,250
Total
$2,598,321
$82,200
$113,025
$113,025
$2,906,571
To calculate the projection of revenue anticipated from the general development fees, 10+ years (2012
through April 2023) of construction data for the residential and non-residential within the City, acquired
from the New Jersey Department of Community Affairs, was examined. Additionally, the previous
transactions within the Affordable Housing Trust Fund were reviewed.
The City projects a total of $300,000 will be collected between July 14, 2023 and December 31, 2025. An
additional $$8,250 in interest is projected to be earned. All interest earned on the account shall accrue to
the account to be used only for the purposes of affordable housing. In conjunction with the existing trust
fund balance of $2,598,321 the City projects total trust fund revenues and interest of $2,906,571 through
December 31, 2025.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 6
2. ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS
The following procedural sequence for the collection and distribution of development fee revenues shall
be followed by the City of Union City:
(a) Collection of development fee revenues
Collection of development fee revenues shall be consistent with Union City’s development fee ordinance
for both residential and non-residential developments.
(b) Distribution of development fee revenues
The Administrative Agent and the Municipal Housing Liaison will manage the projects outlined in this
Spending Plan and the Housing Element and Fair Share Plan.
(c) Collection and distribution of barrier free funds
Collection and distribution of barrier free funds shall be consistent with the City’s Affordable Housing
Ordinance (Chapter 40 of the Code of Union City) and in accordance with applicable regulations. A process
describing the collection and distribution procedures for barrier free escrow is detailed within the City’s
Affordable Housing Ordinance.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 7
3. DESCRIPTION OF ANTICIPATED USE OF AFFORDABLE HOUSING FUNDS
The following represent anticipated use of monies generated from the City of Union City’s Affordable
Housing Trust Fund.
(a) Rehabilitation and New Construction Projects (N.J.A.C. 5:93-8.16)
The City has $1,453,285.50 available to support rehabilitation programs and new affordable construction
within the City.
General Rehabilitation
The City is an active participant in the Hudson County Consortium, which administers the County’s HOME
Program, as well as the County’s Community Development Block Grant (CDBG) Program. Both programs
have historically provided funding for rehabilitation projects throughout the City (see the adopted Housing
Element and Fair Share Plan for more details). The City and the Union City Housing Authority have also
consistently worked together to provide affordable housing opportunities (see previous Spending Plans for
additional information of past efforts). The City will continue to support rehabilitation programs in the
future.
Additional Opportunities for New Construction
As of the writing of this Plan, there are several projects that are in their very beginning stages of planning
and negotiations. One of those being the Bus Garage Redevelopment Area, located at Block 1513 Lot 1.
The site is currently owned by NJ Transit, but the City has had previous discussions with NJ Transit about
subdividing the site to allow for the construction of mixed-use on one half and the continuation of NJ
Transit use on the other half. The mixed-use section would include a 100% affordable family rental
development. These negotiations are still in their early stages and so the necessary funds to move forward
with this project have not yet been determined. However, the City is prepared to provide financial support
should that be necessary.
There is another potential project at 707 Summit Avenue, where the City is considering acquiring the for-
sale property to then turn it over to an affordable developer. If realized, this project would produce +/- 24
affordable units. The City is in the investigatory phase of this project. Should this project move forward, the
City will make funds from the trust fund available for either site acquisition or rehabilitation efforts or both.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 8
(b) Affordability Assistance (N.J.A.C. 5:93-8.16)
As per the requirements regarding the use of funds for affordability assistance laid out in N.J.A.C. 5:93-
8.16, the City is required to dedicate at least 30 percent of all development fees collected and interest
earned to provide affordability assistance to low-, and moderate-income households. In addition, at least
one-third of the affordability assistance shall be used to provide affordability assistance to very-low income
households.
Projected minimum affordability assistance requirement:
Affordability Assistance
Actual Balance 07/14/2023
$2,598,321.00
Projected Development fees 2023-2025
+
$300,000.00
Projected Trust Fund Interest 2023-2025
+
$8,250.00
Total
=
$2,906,571.00
30 percent requirement
x 0.30 =
$871,971.30
PROJECTED MINIMUM Affordability Assistance
Requirement 07/14/2023 through 12/31/2025
=
$871,971.30
PROJECTED MINIMUM Very Low-Income Affordability
Assistance Requirement 07/14/2023 through 12/31/2025
÷ 3 =
$290,657.10
The City, therefore, will dedicate at least $871,971.30 from the affordable housing trust fund to render units
more affordable, including $290,657.10 to render units more affordable to households earning 30 percent
or less of median income by region.
8th Street Senior
$850,000 of the affordability assistance requirement is dedicated to the 100% affordable senior
development proposed for 720 8th Street that will produce 100 total units in a 6-story building with two
levels of parking and ground floor retail. The City is currently in the process of executing a redevelopment
agreement with the designated redeveloper (as the site is within a designated redevelopment area). It is
executed the agreement will be fully executed by the time this Spending Plan is approved. The City has
negotiated with the redevelopers to ensure rents for the 100 affordable units remain even lower than that
required. Therefore $850,000 from the City’s affordable housing trust fund is being provided to maintain a
maximum rent per unit to exceed $800.00 per month. This payment will be made at the close of
construction or during the construction period at a time agreed upon by both the City and the redeveloper.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 9
(c) Administrative Expenses (N.J.A.C. 5:93-8.16)
No more than 20% of revenues collected from development fees shall be expended on administration,
including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to
develop and implement: a rehabilitation program; a new construction program; a housing element; and an
affirmative marketing program. Administrative funds may be used for: income qualification of households;
monitoring the turnover of sale and rental units; and compliance with monitoring requirements.
Administrative Expenses
Actual Balance 07/14/2023
$2,598,321.00
Projected Development fees 2023-2025
+
$300,000.00
Projected Trust Fund Interest 2023-2025
+
$8,250.00
Total
=
$2,906,571.00
20 percent cap
x 0.20 =
$581,314.20
Moving forward, the City projects that $581,314.20 will be available from the affordable housing trust fund
to be used for administrative purposes, including but not limited to:
•
Administration and expenses associated with City’s affordable housing units.
•
Expenses associated with the preparation and implementation of the Housing and Fair Share Plan
and monitoring of the current and future housing programs for the City of Union City.
Legal or other fees related to litigation opposing affordable housing sites are not eligible uses of the
affordable housing trust fund.
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 10
4. EXPENDITURE SCHEDULE
Projected Expenditure Schedule 2023-2025
Program
2023
2024
2025
Total
Rehabilitation/ New
Construction
General Rehabilitation
and Additional
Opportunities for New
Construction
$484,428.00
$484,428.00
$484,429.50
$1,453,285.50
Affordability Assistance
General
$10,985.65
$10,985.65
$871,971.30
8th Street Senior
$850,000.00
Administration
$193,771.40
$193,771.40
$193,771.40
$581,314.20
Total
$678,199.40
$1,539,185.05
$689,186.55
$2,906,571.00
City of Union City
July 24, 2023
Hudson County, New Jersey
Amended Affordable Housing Trust Fund Spending Plan
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HGA | 11
SUMMARY
The City of Union City intends to spend affordable housing trust fund revenues pursuant to N.J.A.C. 5:93
and consistent with the housing programs outlined in its Housing Element and Fair Share Plan, dated June
2017 and adopted by the Planning Board on September 18, 2017.
As of July 14, 2023, the City’s Trust Fund has a balance of $2,598,321.00. Union City anticipates an
additional $300,000.00 in revenues and interest by December 31, 2025. The City will dedicate $1,453,285.50
towards rehabilitation and future new construction opportunities. Another $871,971.30 is dedicated to
render units more affordable, which includes $850,000.00 dedicated to the 8th Street Senior development.
Finally, $581,314.20 is dedicated to administrative costs.
SPENDING PLAN SUMMARY
Balance as of July 14, 2023
$2,598,321.00
Projected REVENUE July 14, 2023 to December 31, 2025
Development fees
+
$300,000.00
Payments in lieu of construction
+
$0.00
Other funds
+
$0.00
Interest
+
$8,250.00
TOTAL REVENUE + CURRENT BALANCE
=
$2,906,571.00
EXPENDITURES
Funds used for Rehabilitation + Additional
Opportunities
-
$1,453,285.50
Affordability Assistance
-
$871,971.30
Administration
-
$571,314.20
Excess Funds for Additional Housing Activity
=
$0.00
TOTAL PROJECTED EXPENDITURES
=
$2,906,571.00
REMAINING BALANCE
=
$0.00
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
Appendix B
City of Union City Resolution 10/3-14
Amending the Housing Trust Fund Spending Plan
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
Appendix C
Superior Court of New Jersey
Docket No. HUD-L-2862-15
Order Approving Amendment to Spending Plan
PATRICK J. MCNAMARA, ESQ.
Attomey I.D. No. 003611987
SCARINCI & HOLLENBECK, LLC
Attomeys atLaw
One River Centre, 331 Newman Springs
Building 3, Suite 310, Red Bank, NJ 077
T: (732) 780-ss90 lF: (732) 69s-8108
Attomeys for: CITY OF UNION CITY
OurFileNo. 102.9110
Road
0t-5692
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
UNION CrTY, COUNTY OF
HT]DSON
CIVL ACTION
ORDER APPROVING AMENDMENT
TO SPENDING PLAN
This matter having come before the Court via Declaratory Judgment Complaint filed by
the Township of Bordentown ("Township") on luly 2,2015 (hereinafter "DJ Action"), seeking
among other things, the Court's approval of the City's Housing Element and Fair Share Plan ("Fair
Share Plan"); and Fair Share Housing Center ('FSHC") having participated as an interested party
in the Township's DJ Action; and the Township and FSHC having entered into a Settlement
Agreement, dated }y'ray 2,2017 ("FSHC Settlement Agreement); and the Court having entered an
Order approving the Settlement Agreement on May 2, 2017, after a properly noticed Fairness
hearing was held and the City having adopted a Housing Element and Fair Share Plan to implement
the FSHC Settlement Agreement, along with other implementing resolutions and ordinances; and
the Court having entered a Conditional Judgment of Compliance and Repose Order on December
10,2019 after aproperly noticed Compliance Hearing was held during which the Township's Fair
Share Plan was approved; and
SUPERIOR COURT OF NEW JERSEY
LAW DTVISION: HUDSON COLINTY
DOCKET NO. HUD-L-2862-I 5
1
4871-5680-9334, v. 1
HUD-L-002862-15 11/10/2023 3:23:51 PM Pg 1 of 3 Trans ID: LCV20233341405
NOV 22 2023
F I L E D
JOSEPH A. TURULA, P.J. Cv.
HUD-L-002862-15 11/22/2023 Pg 1 of 3 Trans ID: LCV20233459342
WHEREAS, the Planning Board of the City adopted its Spending Plan on September 18,
2017, pursuit to N.J.A.C . 5:97 - 2.1(a), the Board of Commissioners; and
WHEREAS, the Spending Plan has been amended twice to provide funds for the
rehabilitation and renovation of units owned and managed by the Union City Housing Authority.
WHEREAS the City now wishes to contribute from the trust fund, the sum of $850,000.00
to provide for affordability assistance for the proposed 100 unit affordable housing project to be
developed on 8th street; and
WHEREAS this project is receiving funds from numerous other governmental
sources, including the New Jersey Economic Development Authority and the NJHMFA, amongst
others; and
WHEREAS these funds will be contributed at a point in time deemed suitable by the City,
and shall be earmarked for the purpose of maintaining affordability assistance for rent rates to be
charged for the senior citizens living in this building; and
WHEREAS the City having amended its Spending Plan, dated July 2023 to account for
these and related changes; and FSHC having consented to the entry of this Consent Order to permit
the described third amendment to the Spending Plan; and the Court's Special Master, Christine
Nazzaro-Cofone, AICP/PP recommends the Court's approval of the amended Jnly 2023 Spending
Plan; and for good cause shown:
2
4871-5680-9334, v. 1
HUD-L-002862-15 11/10/2023 3:23:51 PM Pg 2 of 3 Trans ID: LCV20233341405
HUD-L-002862-15 11/22/2023 Pg 2 of 3 Trans ID: LCV20233459342
IT IS on this
day of October,2023 ORDERED as follows
1 . The Amended Speriding Plan, dated October _,2023 (Exhibit A), is hereby approved.
2. A copy of tlris Consent Order shall be served upon counsel for all interested parties through
electronic filing and the Court Master via email within seven (7) days from the date thereof.
Joseph A. Turula, J.S.C.
We hereby consent to the form and entry of the within Order
FAIR SHARE HOUSING CENTER
*.w
By
Dated: llll/23
Josh Bauers, Esq.
On behalf of Fair Share Housing Center
CITY OF UNION CITY
By
Esq.
On behalf of the City of Union City
By
, AICP/PP
Dated:
Dated
\\
/t - tur -flI
aJ
4871-5680-9334, v. 1
Special Master
HUD-L-002862-15 11/10/2023 3:23:51 PM Pg 3 of 3 Trans ID: LCV20233341405
22nd
November 2023
July 24, 2023
P.J. Cv.
HUD-L-002862-15 11/22/2023 Pg 3 of 3 Trans ID: LCV20233459342
UNION CITY, HUDSON COUNTY
2024 ANNUAL MONITORING REPORT
Appendix D
Redevelopment Agreement By and Between the City of
Union City and 720 8th Street Union City, L.P.
Page | 1
REDEVELOPMENT AGREEMENT
By and Between
THE CITY OF UNION CITY
as Redevelopment Entity
and
720 8TH STREET UNION CITY, L.P.
as Redeveloper
Dated as of July ___, 2023
Page | 2
TABLE OF EXHIBITS
EXHIBIT A
DESCRIPTION OF THE PROJECT AREA
EXHIBIT B
APPROVED SITE PLAN AND BOARD RESOLUTIONS
EXHIBIT C
PROJECT SCHEDULE
EXHIBIT D
FORM OF DECLARATION OF REDEVELOPER COVENANTS
AND RESTRICTIONS
EXHIBIT E
FORM OF CERTIFICATE OF COMPLETION
EXHIBIT F
INCUMBENCY CERTIFICATE
EXHIBIT G
AGREEMENT FOR PAYMENT IN LIEU OF TAXES
EXHIBIT H
RESOLUTION OF CITY AUTHORIZING ENTRY INTO
REDEVELOPMENT AGREEMENT
EXHIBIT I
PROJECT COSTS
EXHIBIT J
DESCRIPTION OF MUNICIPAL LOT FOR USPS
EXHIBIT K
REDEVELOPER FUNDING COMMITMENTS
Page | 3
THIS REDEVELOPMENT AGREEMENT, (this “Agreement”) made as of the
__ day of July, 2023, by and between THE CITY OF UNION CITY, a public body
corporate and politic of the State of New Jersey, having its principal office at 3715 Palisade
Avenue, Union City, New Jersey 07087 (the “City”), and 720 8TH STREET UNION
CITY, L.P., a New Jersey limited partnership organized under the laws of the State of New
Jersey, having its principal office at 77 Park Street, Montclair, New Jersey 07042 (the
“Redeveloper”). The City and Redeveloper may individually be referred to herein as a
“Party” and collectively referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the City and Redeveloper initially entered into a Development
Agreement in or about March 2018 with regard to the development of the property located
at 720 8th Street and designated as Block 42, Lot 9 on the City’s official tax map (the
“Property”) as affordable housing for senior citizens (the “2018 Development
Agreement”); and
WHEREAS, the City, acting through its Board of Commissioners (the “Board”),
pursuant to and in accordance with the requirements of the Local Redevelopment and
Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”), may contract with
redevelopers for the planning, re-planning, construction, or undertaking of any project or
redevelopment work; and
WHEREAS, on October 2, 2018, the Board adopted Resolution No. 2018-R-445
authorizing and directing the Union City Planning Board (the “Planning Board”) to
undertake a preliminary investigation to determine if the Property (the “Study Area”) met
the criteria for designation as a redevelopment area pursuant to N.J.S.A. 40A:12A-6; and
WHEREAS, pursuant to and in accordance with the requirements of the
Redevelopment Law, the Planning Board conducted a public hearing on April 23, 2019
during which the Planning Board reviewed and considered the findings contained in the
Non-Condemnation Redevelopment Area Report prepared by David Spatz, AICP, PP, of
Community Housing and Planning, Inc. (the “Planning Consultant”); and
WHEREAS, on May 28, 2019, the Planning Board adopted a resolution which
recommended that the Study Area be designated a Non-Condemnation Redevelopment
Area; and
WHEREAS, pursuant to and in accordance with the Redevelopment Law, the
Board accepted the findings and recommendations of the Planning Board and on February
18, 2020, adopted Resolution No. 2020-R-62 designating the Study Area as a Non-
Condemnation Redevelopment Area (hereinafter, the “Redevelopment Area” or “Project
Area”); and
WHEREAS, the Board directed the Planning Consultant to prepare a
redevelopment plan for the Redevelopment Area, after which the Board referred the
Page | 4
redevelopment plan to the Planning Board for its review and consideration pursuant to
N.J.S.A. 40A:12A-7.e.; and
WHEREAS, the City adopted and implemented the Non-Condemnation
Redevelopment Plan for 720 Eighth Street Redevelopment Area dated February 7, 2019
(the “Redevelopment Plan”); and
WHEREAS, the Redeveloper submitted a proposal in response to a request for
proposals issued by the City seeking proposals from qualified developers for the
redevelopment of the Redevelopment Area; and
WHEREAS, the City accepted the Redeveloper’s proposal which provided for the
construction of a six-story senior affordable housing project consisting of one hundred and
one (101) affordable housing units consisting of ninety-six (96) one-bedroom units and
five (5) two-bedroom units, two levels of parking and ground floor retail (the “Project”),
as more fully depicted under Exhibit B (the “Site Plan”); and
WHEREAS, the City has determined that the Redeveloper possesses the proper
qualifications, financial resources, and capacity to implement and complete the Project in
accordance with the Redevelopment Plan, any Government Approvals and all other
Applicable Laws, and wishes to designate Redeveloper as the exclusive redeveloper of the
Redevelopment Area; and
WHEREAS, the City has further determined that the Project is consistent with and
furthers the goals and objectives of the Redevelopment Plan, promotes the public health,
safety, morals and general welfare of the City’s residents, and therefore, it is in the vital
and best interests of the City to enter into this Agreement with the Redeveloper for the
purpose of setting forth each Party’s respective undertakings, rights and obligations in
connection with the development and construction of the Project; and
WHEREAS, the Redeveloper obtained final site approval from the Union City
Zoning Board of Adjustment (the “Zoning Board”) for the Project on September 13, 2018,
whereby such approval has been extended through September 13, 2023 pursuant to
extensions sought by the Redeveloper and approved by the Zoning Board in accordance
with the Resolutions attached hereto under Exhibit B; and
WHEREAS, the City approved entry into this Redevelopment Agreement by
Resolution 2023, attached hereto at Exhibit H.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, and for other good and valuable consideration, the Parties hereto do
hereby covenant and agree each with the other as follows:
Page | 5
ARTICLE 1
DEFINITIONS AND INTERPRETATIONS
Section 1.01. Definitions. In this Agreement, words that are capitalized, and
which are not the first word of a sentence, are defined terms. The capitalized terms defined
in the Preamble and Recitals hereto shall have the meanings assigned to such terms. Unless
specifically provided otherwise or the context otherwise requires, the following terms when
used in this Agreement shall have the meanings ascribed below.
“Affiliate” means with respect to the Redeveloper, any other Person directly or
indirectly controlling or controlled by, or under direct or indirect common control with the
Redeveloper. For purposes of this definition, the term “control” (including the correlative
meanings of the terms “controlled by” and “under common control with”) shall mean the
possession, directly or indirectly, of the power to direct or cause the direction of the
management policies of the Redeveloper, whether through the ownership of voting
securities or by contract or otherwise.
“Appeal Period” means the period of time specified by statute or court rule within
which an appeal may be taken by any Party from the grant of any Governmental Approval
(as defined herein), and includes the period for filing an appeal to an appellate court after
entry of a judgment or decision by a lower court or administrative agency.
“Applicable Laws” means any statute, law, constitution, charter, ordinance,
resolution, judgment, order, decree, rule, regulation, directive, interpretation, standard or
similarly binding authority which, in any case, shall be enacted, adopted, promulgated,
issued or enforced by any Governmental Authority (as defined herein), and/or court of
competent jurisdiction that relates to or affects the Parties or either of them, the Project
Area, the Project, or any portion thereof, the performance by the Parties of their respective
obligations or the exercise by the Parties of their respective rights under this Agreement,
including without limitation, the Municipal Land Use Law and the Redevelopment Law.
“Aspire Program” is defined in Section 2.06.
“Board” shall have the meaning set forth in the Recitals.
“Certificate of Completion” means a certificate issued by the City upon Completion
of the Project pursuant to Section 8.01.
“Certificate of Occupancy” means a Certificate of Occupancy (temporary or
permanent), as such term is defined in the New Jersey Administrative Code, issued with
respect to the Project.
“City Indemnified Parties” is defined in Section 10.01.
Page | 6
“Commence[ment of] Construction” means the undertaking by the Redeveloper of
any actual physical construction of any portion of the Project including site preparation,
environmental remediation, construction of new structures or construction or upgrading of
infrastructure.
“Complet[e], [ed] or [ion]” means with respect to the Project, or any portion thereof,
that (a) all work related to the Project, or a portion thereof, or any other work or actions to
which such term is applied has been completed, acquired and/or installed in accordance
with this Agreement and in compliance with Applicable Laws so that (i) the Project, or any
portion thereof that has been completed, as the case may be, may, in all respects, be used
and operated under the applicable provisions of this Agreement, or (ii) with respect to any
other work or action to which such term is applied, that the intended purpose of such work
or action has been completed, (b) all permits, licenses and approvals that are required in
order that a Certificate of Completion can be issued for the Project, or any portion thereof
that has been completed, or such other work or action to which such term is applied are in
full force and effect, and (c) such “Completion” has been evidenced by a written notice
provided by the Redeveloper.
“Completion Date” means the date that the Project is Completed and a Certificate
of Completion has been issued.
“Control” (including the correlative meanings of the terms “controlled by” and
“under common control with”), as used with respect to the Redeveloper, the power, directly
or indirectly, to direct or cause the direction of the management policies of the Redeveloper,
whether through the ownership of an interest in the Redeveloper, or by contract or
otherwise.
“Declaration” is defined in Section 7.04.
“Effective Date” means the date on which this Agreement is executed by the last of
the Parties to so execute same, or such other date as may be agreed to by the Parties.
is
“Environmental Laws” means all federal, state, regional, and local laws, statutes,
ordinances, regulations, rules, codes and administrative orders or decrees, directives or
judgments relating to environmental contamination or damage to or protection of the
environment, including, but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act (“CERCLA”) (42 U.S.C. 9601-9675); the Resource
Conservation and Recovery Act of 1976 (“RCRA”) (42 U.S.C. 6901, et seq.); the Clean
Water Act (33 U.S.C. 1251, et seq.); the New Jersey Spill Compensation and Control Act
(the “Spill Act”) (N.J.S.A. 58: 10-23.11, et seq.); ISRA; the New Jersey Underground
Storage of Hazardous Substances Act (N.J.S.A. 58: 10A-21, et seq.); the New Jersey Water
Pollution Control Act (N.J.S.A. 58: I0A-I et seq.); the New Jersey Environmental Rights
Act (N.J.S.A. 2A:35A-1 , et seq.); and the rules and regulations promulgated thereunder.
“Escrow Account” is defined in Section 2.02(b).
Page | 7
“Escrow Agent” is defined in Section 2.02(b)
“Estoppel Certificate” is defined in Section 3.07.
“Event of Default” or “Default” means the occurrence of any Redeveloper Event of
Default or City Event of Default, as the case may be, and as further defined in Section
12.01.
“Force Majeure” is defined in Section 12.02.
“Foreclosure” is defined in Section 11.03(b).
“Governmental Applications” is defined in Section 6.01(a).
“Governmental Approvals” means all final and unappealable local, state or federal
government approvals necessary for the implementation and completion of the Project in
accordance with the terms of this Agreement, including, but not limited to, Redevelopment
Plan amendments (if required), preliminary and final site plan approval, preliminary and
final subdivision approval, if and as applicable, environmental permits and approvals,
including, but not limited to, Soil Erosion and Sediment Control Plan certification form the
Hudson County Soil Conservation District, Hudson County Planning Board Approval,
wetlands and storm water drainage permits, permits, consents, permissions or approvals
relating to historic preservation matters, Utilities-related permits, including permits related
to water supply and sewer service, and all other necessary permits, licenses, consents, pet-
missions or approvals from or required by governmental agencies.
“Governmental Authority“ means the federal government, the State, Hudson
County, the City, any state or other political subdivision thereof, and any entity exercising
executive, legislative, judicial, regulatory or administrative functions of or pertaining to
government and any other governmental entity with authority or jurisdiction over any part
of the permitting, Remediation, construction or operation of the Project or the Project Area,
or pursuant to Environmental Laws including without limitation, the Planning Board and
the NJDEP.
“Hazardous Substance” means any element, compound, material, mixture,
substance, chemical or waste that is listed as hazardous or toxic, or a pollutant or
contaminant, whether solid, liquid or gas (a) defined as a hazardous substance, hazardous
waste, hazardous material, toxic substance, pollution, a pollutant, contamination or a
contaminant in any law, (b) that consists, in whole or in part, of asbestos, urea
formaldehyde or polychlorinated biphenyls or (c) the presence of which may cause liability
under common law, including, but not limited to, any substance defined as a hazardous
substance by the New Jersey Department of Environmental Protection
“Holder(s) is defined in Section 11.01(a).
Page | 8
“Improvements” means all buildings, structures and appurtenances, including, but
not limited to, facilities and amenities, telecommunications equipment, surface parking or
structured parking facility, infrastructures, roads, fill, utilities, catch basins, curbs, site
lighting, traffic striping, signage and demarcations, fire hydrants, retaining walls,
sidewalks, walkways, landscaping, open space treatment and all other improvements
constructed on or installed upon or within, or to be constructed on or installed upon or
within, the Project Area and the streets immediately adjacent to the Project Area.
“Losses” is defined in Section 10.01.
“ISRA” means the Industrial Site Recovery Act, as amended (N.J.S.A. 13:1K-6 et
seq.).
“Municipal Land Use Law” or “MLUL” means N.J.S.A. 40:55D-l et seq., as
amended and supplemented.
“NJDEP” means the New Jersey Department of Environmental Protection.
“NJEDA” means the New Jersey Economic Development Authority.
“NJHMFA” means the New Jersey Housing and Mortgage Finance Agency.
“Notice” is defined in Section 14.01.
“Official” means all elected and appointed officials of the City including, but not
limited to, the Mayor, Commissioners, and all City department directors.
“Permitted Transfers” is defined in Section 9.03.
“Person” means any individual, sole proprietorship, corporation, partnership, joint
venture, limited liability company, trust, unincorporated association, institution, or any
other entity.
“PILOT” is defined in Section 2.05.
“PILOT Agreement” is defined in Section 2.05.
“PILOT Application” is defined in Section 2.05.
“PILOT Contingency” is defined in Section 2.05.
“Planning Board” shall have the meaning set forth in the Recitals.
“Planning Consultant” shall have the meaning set forth in the Recitals.
Page | 9
“Plans and Specifications” means all plans, drawings, specifications and related
documents needed to obtain Governmental Approvals and to implement and Complete
Construction of the Project or Project Section, as applicable, in accordance with this
Redevelopment Agreement and all applicable Governmental Approvals.
“Progress Report” is defined in Section 5.02.
“Project” shall have the meaning set forth in the Recitals and as depicted in the Site
Plan attached hereto under Exhibit B.
“Project Area” shall have the meaning set forth in the Recitals.
“Project Costs” means the costs of designing, permitting and constructing the
Project or Project Section, as applicable attached hereto as Exhibit I.
“Project Schedule” means the schedule for the design, permitting, financing,
construction and Completion of the Project by the Redeveloper, as set forth in Exhibit C
attached hereto.
“Property” shall be known as Block 42, Lot 9 as shown on the Tax Map of the City.
“Purchase Price” means the amount of money the Redeveloper paid or will pay to
purchase the Property.
“Redeveloper” shall be 720 8th Street Union City L.P.
“Redeveloper Covenants” shall have the meaning set forth in Section 7.04.
“Redeveloper Escrow Funds” is defined in Section 2.02(b).
“Redeveloper Event of Default” means, with respect to the Redeveloper, an Event
of Default as defined in Section 12.01.
“Redevelopment Area” shall have the meaning set forth in the Recitals.
“Redevelopment Law” shall have the meaning set forth in the Recitals.
“Redevelopment Plan” shall have the meaning set forth in the Recitals.
“Reimbursable City Costs” is defined in Section 2.02(a).
“Remediat[e], [ed], Ling] or [ion]” means the investigation, study, planning, design,
cleanup, removal, containment, disposal, dispersal, treatment (including, but not limited to,
in-situ and ex-situ treatment), management, remediation (including, but not limited to, the
use of institutional controls, stabilization, neutralization of Hazardous Substances required
by Governmental Authority and/or pursuant to Environmental Laws which allows for the
Page | 10
Project, including, but not limited to any operations, maintenance, and monitoring activities
that may be required after completion of the foregoing. The responsibility for completion
of remediation and securing a remedial action outcome from the NJDEP shall be the
Redeveloper.
“Section” means a section or subsection of this Agreement.
“Scheduled Completion Date” means the anticipated Completion Date as set forth
in the Project Schedule attached hereto as Exhibit C, subject to any extensions granted in
accordance with this Agreement.
“Site Plan” means the approvals secured by the Redeveloper from the Union City
Zoning Board of Adjustment for this Project as included under Exhibit B.
“State” means the State of New Jersey.
“Substantial Completion” or “Substantially Completed” means that the
requirements set forth in clauses (a) through (c), inclusive of the definition of
“Completion,” have been satisfied, with the exception of certain immaterial portions of the
work relating to the Project, as applicable, that have been Completed, or such other work
remains to be Completed as long as (a) the Redeveloper, with respect to the Project , as
applicable, has prepared and delivered to the City a “punch list” of items requiring
completion or correction in order for the Redeveloper to fully comply with the terms of this
Agreement, (b) “punch list” items have been reasonably agreed to by the City, and (c) such
“punch list” items are capable of being Completed within ninety (90) days of the date that
Completion is certified, as set forth in the written notice provided under (c) of the definition
of Completion, or such later date as is mutually acceptable to the Parties, as long as the
public health, welfare or safety is not impaired by such additional time for Completion; and
provided further however, that all such “punch list” items shall be Completed under all
circumstances within (i) one hundred eighty (180) days following the date that Completion
is certified, as provided above, with respect to the exterior of any buildings and (ii) three
hundred sixty-five (365) days following the date that Completion is certified, as provided
above, with respect to the interiors of any buildings. “Substantial Completion” shall be
evidenced by issuance of a temporary Certificate of Occupancy for the Project, or any
portion thereof that has been Substantially Completed and a Certificate of Completion
issued.
“Transfer” is defined in Section 9.02.
“Utilities” means municipal water, sanitary sewer and storm water facilities and
natural gas, electric, and voice and data transmission facilities.
“USEPA” means the United States Environmental Protection Agency.
“Zoning Board of Adjustment” shall have the meaning set for in the Recitals.
Page | 11
Section 1.02. Interpretation and Construction. In this Agreement, unless the
context otherwise requires:
(a)
The terms “hereby”, “hereof”, “hereto”, “herein”, “hereunder” and any
similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter”
means after, and the term “heretofore” means before the date of delivery of this
Agreement.
(b)
Words importing a particular gender mean and include correlative words
of every other gender and words importing the singular number mean and include the
plural number and vice versa.
(c)
Words importing persons mean and include firms, associations,
partnerships (including limited partnerships), trusts, corporations, limited liability
companies and other legal entities, including public or governmental bodies, as well as
natural persons.
(d)
Any headings preceding the texts of the several Articles and Sections of
this Agreement, and any table of contents or marginal notes appended to copies hereof,
shall be solely for convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
(e)
Unless otherwise indicated, all approvals, consents and acceptances
required to be given or made by any Person or Party hereunder shall not be unreasonably
withheld, conditioned, or delayed.
(f)
Each right of the City to review or approve any actions, plans,
specifications, or other obligations of the Redeveloper hereunder shall be made by the City
official(s) with legal authority to conduct such review or grant such approvals. Any review
contemplated by this Agreement shall be made in a timely manner. Upon request of the
Redeveloper, the City shall inform the Redeveloper of all officials with the required
authority.
(g)
All notices to be given hereunder and responses thereto shall be given,
unless a certain number of days is specified, within a reasonable time, which shall not be
less than ten (10) days nor more than twenty (20) calendar days, unless the context dictates
otherwise.
(h)
Unless otherwise indicated, any “fees and expenses” shall be required to be
actual, out of pocket, customary and reasonable.
Section 1.03. Affirmation of Agreement and Incorporation of Recitals. The
terms of this Agreement shall supersede and replace the 2018 Development Agreement
and any other prior Agreement or documents related to or in connection with the Project
Page | 12
or the Property. The “Introduction” and “Recitals” of this Agreement are incorporated
herein and made a part of this Agreement.
ARTICLE II
FINANCIAL OBLIGATIONS; COMMUNITY BENEFITS
AGREEMENT; PILOT CONTIGENCY
Section 2.01. Redeveloper’s
Financial
Commitment.
The
Redeveloper
represents and warrants that it has the requisite financing in an amount necessary to
implement and complete the Project as contemplated by this Agreement. Attached hereto
at Exhibit K are funding commitments from public and private entities along with a project
budget that demonstrates the Redeveloper’s financial ability to complete the Project. The
City’s obligation to close title on the property is contingent upon the Redeveloper obtaining
financing to Complete the Project.
Section 2.02. Reimbursement of City Costs.
(a)
In addition to the Redeveloper’s estimated costs for the Project, the
Redeveloper agrees to reimburse the City for all reasonable and documented out-of-pocket
costs and expenses incurred by the City in connection with the Project (the “Reimbursable
City Costs”). The Reimbursable City Costs shall include all reasonable fees and costs of
the City’s engineer necessary for the City’s evaluation of the construction of the Project.
The Reimbursable City Costs shall not include the costs of wages, salaries and benefits
paid to the City’s employees providing services relative to and in furtherance of the
Project.
(b)
The City will establish and administer an interest-bearing escrow account
(the “Escrow Account”) into which Redeveloper shall deposit an amount of Twenty
Thousand and 00/100 Dollars ($20,000.00) (the “Redeveloper Escrow Funds”) to pay for
the City Reimbursable Costs. The City shall serve as the escrow agent for the Escrow
Account and the custodian of the Escrow Account shall be the City’s Chief Financial
Officer (collectively, the “Escrow Agent”). Subject to the following sentence, the Parties
agree that any charges received by the Escrow Agent for Reimbursable City Costs shall be
transferred to the general fund of the City for City approval and disbursements. At least
fifteen (15) calendar days prior to transferring such funds to the general fund for
disbursement, written notice of the proposed transfer shall be sent to the Redeveloper,
setting forth: (a) the amount of the proposed disbursement; (b) the name of the person or
entity designated to receive the payment; and (c) a description, in reasonable detail, of the
particular cost to be paid or reimbursed in accordance hereunder (including documentation
detailing hours worked/billed and billing rates). If the Redeveloper does not object to such
transfer within fifteen (15) calendar days of its receipt of such notice, the Redeveloper will
be deemed to have acquiesced to the same. Should a dispute arise between the Parties as
to the amount of the Escrow Account, or any proposed disbursements therefrom, said
dispute shall be adjudicated pursuant to N.J.S.A. 40:55D-53.2(a) of the Municipal Land
Use Law.
Page | 13
(c)
Any interest earned on the Redeveloper Escrow Funds, for the benefit of
Redeveloper, may be applied by Escrow Agent to satisfy any unfunded balances for
Reimbursable City Costs. If any interest earned on Redeveloper Escrow Funds is not
applied in the manner set forth in the preceding sentence, such interest shall be returned to
the Redeveloper along with any unexpended Redeveloper Escrow Funds in accordance
with paragraph (f) of this Section.
(d)
In the event the balance of the Escrow Account drops below Five Thousand
and 00/100 Dollars ($5,000.00), Redeveloper shall replenish the Escrow Account to the
original balance of Twenty Thousand and 00/100 Dollars ($20,000.00) within thirty (30)
calendar days of the City’s written request.
(e)
The City shall provide Redeveloper with a quarterly (every 3 months)
accounting report setting forth all expenditures of Redeveloper Escrow Funds, which shall
include at a minimum (i) the individual or entity to whom payments were disbursed, (ii)
the date and amount of such disbursements, and (iii) the remaining balance in the Escrow
Account.
(f)
Upon the issuance of a Certificate of Completion by the City for the Project,
any Redeveloper Escrow Funds not expended shall be returned to Redeveloper by the
Escrow Agent, including any interest earned thereon that has not been applied as set forth
in subsection (c) of this Section.
Section 2.03. Governmental Approval Fees. Except for as otherwise set forth
hereunder, the Redeveloper will pay all customary fees for permits required by any
Governmental Authority for the Construction of the Project as permitted by law.
Section 2.04. Performance
Guarantees.
Prior
to
the
date
for
the
Commencement of Construction of the Project, the Redeveloper shall, as may be required
by the MLUL, submit a guaranty of completion. In addition, as may be required by the
City, a personal guaranty of Edward G. Martoglio shall be provided in an amount not to
exceed the face amount of a performance bond if same had been provided in lieu of the
personal guaranty.
Section 2.05. PILOT Contingency. In order to enhance the economic viability
of and opportunity for a successful Project, Redeveloper has applied or anticipates
applying to the City (the “PILOT Application”) for approval of a tax exemption agreement
(the “PILOT Agreement”) for the Project pursuant to Section 37 of the New Jersey
Housing and Mortgage Finance Agency Law of 1983, N.J.S.A. 55:14K-1 et seq. (the
“Agency Law”), or any other Applicable Law that would allow the Redeveloper to make
payments in lieu of taxes (“PILOT”) to the City with respect to the Project in lieu of paying
conventional real estate taxes. Among other things, the PILOT Agreement shall provide
that the Redeveloper shall make payments to the City in an amount equal to one (1%)
percent of the Project’s revenues on an annual basis. The terms and conditions of the
PILOT Agreement, the proposed form of which is attached hereto as Exhibit G, shall be
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negotiated in good faith by the Parties and shall contain terms mutually acceptable to the
Parties.
In the event that the City (i) does not approve Redeveloper’s PILOT Application,
or (ii) does not approve a PILOT Agreement as contemplated herein (or, having approved
a PILOT Agreement, an appeal is filed challenging such approval and is finally resolved
against the City and/or Redeveloper), Redeveloper may elect to terminate this Agreement
by providing written notice to City (the “PILOT Contingency”). Upon such termination,
this Agreement shall be void and of no further force and effect and neither Party hereto
shall have any rights, liabilities and/or obligations hereunder.
Section 2.06. Community Benefits Agreement Under ASPIRE Program.
(a)
The Redeveloper intends to pursue gap financing under the NJEDA’s
Aspire Program, which was established under the New Jersey Economic Recovery Act of
2020 and set forth under N.J.S.A. 34:1B-322 et seq. and N.J.A.C. 19:31-23.1 et seq.
(collectively, the “Aspire Program”). In accordance with and in satisfaction of the
requirements set forth in N.J.A.C. 19:31-23.8(e) for the implementation of a community
benefits agreement (“CBA”), this Section 2.06 includes all of the requisite provisions that
meet or exceed the standards for a CBA pursuant to N.J.A.C. 19:31-23.8(e)(2). The Parties
agree that the Project serves underserved communities within the City, and improves
community health, safety, access to opportunity, recreational opportunity, environmental
resilience and environmental quality, and enhances the overall quality of life for the City’s
residents. The Parties further agree that the following factors achieve the aforementioned
CBA objectives:
(i)
The Project provides eighty-nine (89) affordable apartment units for
seniors 55 and up, to meet the needs of the City;
(ii)
The Project provides eleven (11) affordable units targeting the
physically and/or developmentally disabled residents;
(iv)
The Project’s sixty-three (63) Project Based Vouchers provided by
Union City Housing Authority further enhances the Project’s affordability; and
(v)
The Project has limited rents to $800/month for twenty-six (26)
affordable units as an effort to enhance affordability for the Project as a whole;
(vi)
The Project provides social services programming that promotes
senior independent living, healthy lifestyles, financial management, and an on-site part-
time wellness nurse, for which the developer will escrow approximately $693,750. The
Parties acknowledge, understand and agree that RPM Management II, L.L.C. will be the
management company for the Project which will oversee the day-to-day operations of the
Project once completed; and
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(vii)
The Project provides a minimum of six (6) hours per week of case
management services to special needs residents.
(b)
In furtherance of the requirements under the Aspire Program, a community
advisory committee (the “Advisory Committee”) shall be created to oversee the
implementation of the CBA objectives set forth herein, monitor successes, ensure
compliance with the terms and conditions of this Section 2.06, and produce an annual
report. Pursuant to and in accordance with requirements of N.J.A.C. 19:31-23.8(e)(5), the
members of the Advisory Committee shall be appointed by the Mayor of the City and shall
be comprised of representatives from diverse community groups and residents of the City
as prescribed therein.
(c)
The Advisory Committee shall produce an annual report on a date certain
of each calendar year, including an evaluation of whether the Redeveloper is in compliance
with the terms of this Section 2.06. If the annual report indicates that the Redeveloper is
not in compliance with the terms of this Section 2.06, the Advisory Committee, City and
Redeveloper shall enter into non-binding mediation as set forth in N.J.A.C. 19:31-
23.8(e)(6)(ii) and (iii). In an effort to ensure that the Redeveloper completes the objectives
of this Section 2.06, a personal guaranty from Edward G. Martoglio shall be submitted to
the City guaranteeing the completion of said objectives. The personal guaranty shall cover
a period of five (5) years following issuance of a Certificate of Completion.
(d)
If Redeveloper is not in compliance as determined pursuant to N.J.A.C.
19:31-23.8(e)(6), the amount of tax credits that Redeveloper may apply in the relevant tax
period shall be reduced in accordance with N.J.A.C. 19:31-23.8(e)(7). Redeveloper’s
noncompliance for any reason other than as set forth in N.J.A.C. 19:31-23.8(e)(7) shall
result in the Redeveloper’s forfeiture of its credit amount for that tax period and each
subsequent tax period, until the first tax period for which documentation demonstrating
compliance has been received and approved by NJEDA. The full amount of the credit shall
be allowed for the first tax period in which NJEDA has approved compliance and each
subsequent tax credit for which NJEDA approves compliance. Redeveloper’s forfeiture of
its tax credits pursuant to this Subsection (d) for two (2) successive years shall constitute
an event of default under this Section 2.06.
Section 2.07. City’s Financial Commitments.
(a)
In order to provide financial assistance for the construction of the
affordable units, the City shall contribute to the Project from its Affordable Housing Trust
Fund the sum of Eight Hundred Fifty Thousand and 00/100 ($850,000.00) Dollars for
affordability assistance in order to maintain a maximum rent per unit not to exceed $800.00
per month subject to the approval of the City’s Special Master for Affordable Housing and
the entry of an appropriate Consent Order. The City agrees that such funds shall constitute
an inferior lien to all other financing liens and mortgages of the Project as may be required
by Redeveloper’s lenders and investors. Should there be any funds remaining from the
monies used to finance this Project, the funds shall be refunded back to the City.
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The City’s contribution under Section 2.07(a) shall be made at construction closing or
during the construction period at a time mutually acceptable to the City and Redeveloper.
The Redeveloper and the City acknowledge and agree that the City’s contribution at this
point in time as set forth in this Section 2.07(a) will reduce the Redeveloper’s capital costs
such that the Redeveloper will be able to provide a portion of approximately 26 number of
units as affordable housing at below market rates (not to exceed $800.00 per month).
ARTICLE III
CONSTRUCTION OF PROJECT
Section 3.01. Construction of Project.
(a)
The City hereby affirms and agrees that the Redeveloper is designated as
the exclusive redeveloper of the Redevelopment Area. In connection with such
designation, Redeveloper has the exclusive right to perform and to have others perform on
its behalf (with the consent of the City) any and all redevelopment activities on and about
the Redevelopment Area consistent with the Concept Plan and the Redevelopment Plan
(as the same may be amended from time to time). To that end, the City agrees that, absent
an Event of Default by Redeveloper, it will not negotiate or entertain for the provision of
another redeveloper for the Redevelopment Area or any portion thereof.
(b)
The City agrees to reasonably utilize any authority it may have under
Applicable Laws to assist the Redeveloper in the approval and construction of
infrastructure improvements required for the Project. The City further agrees to cooperate
with and assist the Redeveloper, to the extent permissible under Applicable Laws, with the
waiver or reduction of connection fees as part of a wider effort to enhance the Project’s
financial feasibility. The Parties agree that the Redeveloper shall pay the negotiated rates
for water and sewer connection fees, if any, due to the City or other governmental entity
or authority under the control of the City.
(c)
To the extent it is capable of doing so, the City agrees to cooperate with the
Redeveloper to furnish an evaluation to determine the adequacy of existing infrastructure.
The City further agrees to provide access to and permit connection to all such infrastructure
and shall permit the Redeveloper to improve and/or expand such infrastructure as may be
deemed necessary by the Redeveloper, subject to the City’s approval, which approval shall
not be unreasonably withheld, conditioned or delayed.
Section 3.02. Redeveloper’s Scope of Undertakings. The services and
responsibilities undertaken by the Redeveloper, as more particularly set forth in this
Agreement, shall include, but not be limited to, the following: all aspects of the design,
Remediation if required by Environmental Laws, the preparation, construction and
operation of the Project, including, but not limited to, engineering, permitting, and the
performance of or contracting for and administration and supervision of all construction
required in connection with the Project; arrangement for interim and final inspections and
any other actions required to satisfy the requirements of all Governmental Approvals
necessary to develop the Project; all aspects of the financing of the Project, including
Page | 17
equity financing and construction, interim and permanent financing; and ongoing
maintenance of the Project.
Section 3.03. Project Description. The Project shall consist of a six-story senior
affordable housing project consisting of one hundred and one (101) units, two levels of
parking and ground floor retail, as depicted on the Site Plan attached hereto under Exhibit
B.
Section 3.04. Amendment of Development and Design Concepts. Design
concepts for the Project may be modified by Redeveloper from time to time, as approved
by the Parties, to reflect additional detail and information, as such detail and information
becomes available, or to reflect or accommodate the requirements of any Applicable Law,
or to take into account engineering/construction considerations which render the then-
existing design concepts physically or economically impractical. Such modifications shall
be subject to the prior review and approval of the City, which approval shall not be
unreasonably withheld, conditioned or delayed. Any modification which triggers the need
to amend any site plan and/or subdivision approval secured by Redeveloper shall be
reviewed by the City for consistency with the Redevelopment Plan. Prior to submitting
the site plan for the Project to the Planning Board, the Redeveloper agrees to provide a
copy of the submission to the City for consistency review of the submission with the
Redevelopment Plan and this Agreement. The City agrees to promptly review and approve
the submission provided it is materially consistent with the requirements of the
Redevelopment Plan and this Agreement. The City agrees to undertake such consistency
review within thirty (30) days of the receipt of the submission by the Redeveloper to the
City.
Section 3.05. Project Schedule. Unless otherwise adjusted as provided for in this
Agreement, the Redeveloper agrees to Commence Construction and diligently Complete
Construction of the Project in accordance with the Project Schedule attached hereto as
Exhibit C. The Redeveloper agrees that the Project shall not be constructed in phases.
Subject to the provisions of this Agreement, any material change in the scope of the
Project, changes or updates to the Project Schedule, or extension of the projected
Completion Date, shall require the City’s prior written approval, which the City will not
unreasonably withhold, condition or delay. The Redeveloper acknowledges and
understands that the City will require Redeveloper's adherence to the schedule for
Commencement of Construction and Completion of Construction, interim deadlines or
milestones and time periods for the various activities and actions to be taken by the
Redeveloper hereunder, subject only to the occurrence of a Force Majeure Event and any
extensions granted by the City.
Section 3.06. Relocation of Utilities. The Redeveloper acknowledges that
providers of Utilities may have certain rights with respect to the Redevelopment Area and
may own certain facilities located therein. The Redeveloper agrees that it is its sole
responsibility to undertake the appropriate measures to negotiate with, acquire, relocate or
otherwise address the existence of these Utilities and improvements and easements
therefore, in order to complete Construction of the Project, as provided by this Agreement.
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To the extent reasonably requested by the Redeveloper, the City shall cooperate in
facilitating the installation and/or relocation of any such affected Utilities.
Section 3.07. Estoppel Certificates. Within fourteen (14) days following written
request by a Party, or of any Holder (as defined herein), purchaser, tenant or other party
having an interest in the Project Area, the other Party shall issue a signed certificate
(“Estoppel Certificate”) stating that (i) this Agreement is in full force and effect, (ii) there
is no default or breach under this Agreement (nor any event which, with the passage of
time and the giving of notice would result in a default or breach under this Agreement), or
stating the nature of the default or breach or event, if any, and (iii) any other matter
reasonably requested. In the event the Estoppel Certificate discloses such a default, breach
or event, it shall also state the manner in which such default, breach and/or event may be
cured. No more than three (3) Estoppel Certificates may be requested per year.
ARTICLE IV
ACQUISITION OF PROPERTIES
Section 4.01. Acquisition of the Properties by Redeveloper.
(a)
The City represents, warrants and agrees that it will convey the Property in
fee to the Redeveloper for nominal consideration in accordance with Applicable Laws.
The Redeveloper agrees and acknowledges that the City will take ownership of the
Property solely for the purpose of serving as a conduit for transfer of the Property to the
Redeveloper and shall not be consider an owner of the Property or part of the chain of title
for any other purpose. The Parties agree that the Redeveloper’s obligation to close on the
purchase of the Property is expressly contingent upon (i) Redeveloper’s receipt of final site
plan approval, and subdivision approval, if necessary, (ii) the satisfaction of the PILOT
Contingency, (iii) the Redeveloper’s receipt of adequate financing to Construct and
Complete the Project, (iv) the satisfaction of the requirements under subsection (b) of this
Section; and (v) the City being able to convey the Property with clear and marketable title,
such closing occurring no later than thirty (30) calendar days after completion and
satisfaction of all of the above-referenced contingencies.
(b)
The City agrees that prior to the conveyance of the Property to the
Redeveloper as contemplated above, the City shall deliver to Redeveloper copies of any
surveys, plans, title reports, soil or environmental tests, environmental reports, approvals
or other documents from the NJDEP and/or USEPA, other environmental information or
other pertinent information related to the Property which the City has in its possession or
in the possession of the City’s consultants.
(c)
Physical Condition of the Property. Subject to and in light of the
representations and disclosures set forth herein, the Property shall be conveyed to the
Redeveloper, including the buildings located thereon, in “as is” condition and with “all
faults” as of the Effective Date, subject to reasonable use, wear, tear and natural
deterioration between the date of this Agreement and the closing date.
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(d)
Except for the representations, warranties and covenants expressly made
by City in this Agreement, Redeveloper acknowledges and agrees that City has not made,
does not make, shall not make and specifically negates any representations, warranties,
promises, covenants, agreement or guarantees of any kind or character whatsoever,
whether express or implied (except as expressly set forth in this Agreement, no
responsibility has been or is assumed by City or by any member, partner, officer, person,
firm, agent or representative acting or purporting to act on behalf of City) as to (i) the
condition or repair of the Property, (ii) the presence or absence of Hazardous Substances
on, at, under or migrating from the Property, (iii) the value, nature, quality or condition of
the Property, (iv) the expense of operation of the Property, or the income potential thereof,
(v) the suitability, fitness, marketability or developability of the Property for any and all
activities which Redeveloper may desire to conduct thereon, (vi) the compliance of or by
the Property or its operation with any Applicable Law, or (vii) any other fact or condition
which has or might affect the Property or any portion thereof.
(e)
To the extent that City has provided or will provide the Redeveloper with
information from any inspection, engineering or environmental reports or copies of any
documents relating to the Property, including, without limitation, matters pertaining to the
environmental condition (including, without limitation, the presence of Hazardous
Substances on, at, under or migrating from the Property), intended use or redevelopment
of the Property, City makes no representations or warranties with respect to the accuracy
or completeness of same or otherwise concerning the contents of such reports or documents
relating to the environmental condition (including, without limitation, the presence of
Hazardous Substances on, at, under or migrating from the Property), intended use or
redevelopment of the property.
(f)
All notices of violations of Applicable Law, whether or not noted or issued
by any governmental authorities having jurisdiction of any type or character whatsoever
against or affecting the Property or any part thereof, shall from and after the transfer of the
Property to the Redeveloper be the sole responsibility of Redeveloper, who shall expressly
undertake the duty and obligation to investigate the existence of any such violations, and
City shall have no responsibility therefor.
(g)
Environmental Indemnification. After closing on the Property, the
Redeveloper hereby agrees, at its sole cost and expense, to unconditionally indemnify,
defend and hold harmless the City, its employees and agents from any injuries, losses,
liabilities, damages, liens, expenses (including, without limiting the generality of the
foregoing, the costs of any environmental testing, remediation and the costs of attorney
fees), charges, costs penalties, fines, actions, injunctions, suits, claims, judgments, or
demands imposed, at any time, upon the Property and/or imposed upon, or incurred by the
City, directly or indirectly, at any time as a result or in connection with violation(s) of any
or all of the Applicable Laws (including, without limitation, Environmental Laws) by the
Redeveloper. Except for the representations and warranties of the City contained in this
Agreement, Redeveloper, by acquiring the Property, shall be deemed to release the City
from, and to waive all claims of liability against the City for or attributable to, any
environmental condition on, in, under or migrating from the Property, including any
Page | 20
liability which may arise against the City as a result of its temporary ownership of the
Property solely for the purpose of serving as a conduit for the transfer of the Property to
the Redeveloper. This Section 4.01(g) shall survive each respective closing and shall be
in addition to, and not instead of, the Indemnification provisions set forth in Section 10.01.
(h)
Relocation of United States Post Office (USPS). With respect to the
relocation of the USPS currently leasing a portion of the Property, the Parties agree as
follows:
(i)
Subject to the approval of the USPS, Redeveloper will provide
trailers for the USPS to temporarily occupy during construction and will collect rent from
the USPS upon the conveyance of the Property by the City to the Redeveloper;
(ii)
Subject to the approval of the USPS, the City will provide a
municipal lot as located and depicted at Exhibit J, upon which the USPS can operate in
the trailers during construction of the Project;
(iii)
If there should be a delay in the relocation of the USPS such that the
USPS remains on the Property after Commencement of Construction, the Parties agree to
consider whether the Project Schedule shall be amended to extend the Project Schedule
commensurate with such delay.
(iv)
To the extent permitted by Applicable Law, the City shall work
cooperatively and in good faith to support the Redeveloper’s efforts in its efforts to relocate
the USPS.
ARTICLE V
PROJECT OVERSIGHT
Section 5.01. Progress Meetings. The Parties agree to attend and participate in
progress meetings (“Progress Meetings”) as may be reasonably requested by either Party
(but not more than monthly) to report on the status of the Project and to review the progress
under the Project Schedule. The Party requesting such a Progress Meeting shall give the
other Party no less than seven (7) days advance written notice of any such meetings. The
Progress Meetings shall be held in the offices of the City or such other place as the Parties
may agree. Prior to the meeting, representatives of the City may visit the Project Area to
inspect the progress of the work on the Project, in accordance with Section 5.03.
The agenda for the Progress Meetings shall include, but not be limited to, (a) a
status report with regard to Governmental Approval submissions and approvals, (b)
financial commitments, (c) construction of the Project, and (d) compliance with the
Redevelopment Plan. At the Progress Meetings, this information will be evaluated by the
City to determine compliance with the terms and conditions of this Agreement and the
Project Schedule. The City shall have the right to require the Progress Meetings in order
to ensure completion of the Project in accordance with the Project Schedule; provided,
however,
Page | 21
Section 5.02. Progress Reports. The Redeveloper shall submit to the City a
detailed written progress report (“Progress Report”) on a quarterly basis by the City. Each
Progress Report shall include, but not be limited to, a description of activities completed,
the status of all Governmental Approvals, an explanation of each activity, if any, which is
causing a delay, a description of problem areas, current and anticipated delaying factors
and their estimated impact on performance of other activities, and completion dates in the
Project Schedule and an explanation of corrective action taken or proposed. The Progress
Report shall also include a budget detailing funds spent on the Project, and shall be
submitted in a form acceptable to the City and Redeveloper.
Section 5.03. Access to the Project Area. The City and its authorized
representatives shall have the right, to enter the Project Area in accordance with
Applicable Law to inspect the Project and any and all work in progress for the purpose of
furthering its interest in this Agreement. In no event shall the City’s inspection of the
Project Area (or any construction activities related thereto) be deemed acceptance of the
work or be deemed to waive any right the City has under this Agreement. The City
acknowledges hereby that the Project Area will be an active construction site and that the
Redeveloper shall not be liable or responsible to the City, its employees, consultants or
agents for injury to person or property sustained in connection with any such inspection,
except to the extent that the Redeveloper’s negligent, willful or grossly negligent conduct
violates its standard of due care owed to invitees. To the extent permitted by law, the City
shall defend, indemnify and hold harmless Redeveloper and its officers, agents,
employees, contractors, and consultants from any claims, investigations, liability, loss,
injury, damage, lawsuits, civil proceedings, and expenses including reasonable attorney’s
fees and disbursements which result, wholly or partially, from the willful or grossly
negligent conduct of City’s representatives in relation to any visit and inspection of the
Project Area.
ARTICLE VI
APPLICATIONS FOR GOVERNMENTAL APPROVALS;
WAIVER OF FEES AND COSTS
Section 6.01. Applications for Governmental Approvals.
(a)
The Redeveloper (at its sole cost and expense) shall apply for and obtain
all Governmental Approvals (the “Governmental Approvals”) necessary to Construct and
use the Project, including approval to subdivide the Project Area, if such subdivision is
necessary, all in accordance with the Project Schedule. Upon request by the City, the
Redeveloper shall provide the City with (i) an electronic copy of each Governmental
Application at such time as such Governmental Applications are submitted, and (ii)
electronic copy of each Governmental Approval received by the Redeveloper with respect
to the Project.
(b)
To the extent reasonably requested by the Redeveloper, and to the extent
applicable, the City shall provide assistance and support to the Redeveloper in connection
with any applications for any Governmental Approvals required to be obtained for or with
respect to the Project.
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(c)
In the event that all necessary Governmental Approvals for the Project are
not obtained from the required Governmental Authorities by the date set forth in the
Project Schedule, on terms and conditions acceptable to Redeveloper, in its sole discretion,
or if Redeveloper determines that the Governmental Approvals for the Project cannot be
obtained on terms and conditions reasonably acceptable to Redeveloper, then Redeveloper
shall have the right to terminate this Agreement upon written notice to the City. No
Governmental Approval shall be deemed to have been obtained (i) until the Appeal Period
relating thereto has expired and no appeal has been taken, or (ii) if an appeal is filed within
the applicable Appeal Period, until such appeal shall have been finally resolved in a
manner sustaining the challenged Governmental Approval. If this Agreement is
terminated pursuant to the terms of this Section 6.01(c), then, except as expressly set forth
herein to the contrary, this Agreement (including, but not limited to, all the covenants
contained herein) shall be of no further force and effect and the Parties hereto shall have
no further rights, liabilities and/or obligations hereunder.
(d)
Notwithstanding anything hereunder to the contrary, the City agrees to
waive any portion of escrow, permit and application fees and costs which are issued and
controlled by the City (“City Fees”), and to work in good faith to assist in having other
non-City fees and costs for Governmental Approvals waived or reduced, which shall
include, but not be limited to, any utility connection fees and costs required by other
governmental body or entity with jurisdiction over the Project. The Redeveloper shall be
responsible for any and all reasonable costs associated with Improvements required by all
other governmental bodies or entities.
Section 6.02. City Cooperation. To the extent reasonably requested by the
Redeveloper and, to the extent permitted by Applicable Laws (and without violating its
obligations as a governmental entity or regulatory body having competent jurisdiction
over the Project), the City shall provide its support and assistance to the Redeveloper in
facilitating the review of all plans, issuance of all permits, request for inspections and the
conduct of such inspections through the appropriate boards, bodies or departments, as
applicable. The foregoing shall specifically include, but not be limited to, the City’s
agreement to cooperate with any reasonable request of Redeveloper relating to the need
for an amendment to the Redevelopment Plan so that the Project can be approved by the
Planning Board without the need for use or bulk variances, the City’s cooperation and use
of good faith and diligent efforts to expedite the Commencement of Construction of the
Project in the review by the City Engineer and Building Department of the Redeveloper’s
plans for compliance with Applicable Laws. .
ARTICLE VII
REPRESENTATIONS AND WARRANTIES; REDEVELOPER COVENANTS
Section 7.01.
Representations and Warranties by the Redeveloper. The
Redeveloper hereby represents and warrants the following to the City for the purpose of
inducing the City to enter into this Agreement and to consummate the transactions
contemplated hereby, all of which shall be true as of the date hereof:
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(a)
The Redeveloper is a limited partnership organized under the laws of the
State of New Jersey, is in good standing under such laws, and has all requisite power and
authority to carry on its business as now and whenever conducted, and to enter into and
perform its obligations under this Agreement.
(b)
The Redeveloper has the legal power, right and authority to enter into this
Agreement and the instruments and documents referenced herein to which the
Redeveloper is a patty, to consummate the transactions contemplated hereby, to take any
steps or actions contemplated hereby, and to perform their obligations hereunder.
(c)
This Agreement has been duly authorized, executed and delivered by the
Redeveloper, and is valid and legally binding upon the Redeveloper and enforceable in
accordance with its terms. The execution and delivery thereof shall not constitute a default
under or violate the terms of any indenture, agreement or other instrument to which the
Redeveloper is a party.
(d)
No receiver, liquidator, custodian or trustee of the Redeveloper has been
appointed as of the Effective Date, and no petition to reorganize the Redeveloper pursuant
to the United States Bankruptcy Code or any similar statute that is applicable to the
Redeveloper has been filed as of the Effective Date.
(e)
No adjudication of bankruptcy of the Redeveloper or a filing for voluntary
bankruptcy by the Redeveloper under the provisions of the United States Bankruptcy Code
or any other similar statute that is applicable to the Redeveloper has been filed as of the
Effective Date.
(f)
No indictment has been returned against any member of the Redeveloper
with respect to any transaction related to the transactions contemplated by the terms of
this Agreement or otherwise.
(g)
There are no suits, other proceedings or investigations pending or, to the
best of the Redeveloper’s knowledge, threatened against the Redeveloper that would have
a material adverse effect on the financial condition of the Redeveloper.
(h)
All materials and documentation submitted by the Redeveloper and its
agents to the City and its agents were, to the best of Redeveloper’s knowledge, at the time
of such submission, and as of the Effective Date, materially accurate, and the Redeveloper
shall inform the City of any material and adverse changes in the documentation submitted.
The Redeveloper acknowledges that the facts and representations contained in the
information submitted by the Redeveloper are a material factor in the decision of the City
to enter into this Agreement.
(i)
Subject to obtaining construction and permanent financing, the
Redeveloper is financially and technically capable of developing, designing, financing and
constructing the Project.
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(j)
Subject to Section 2.07, the cost and financing of the Project is the
responsibility of the Redeveloper. The City shall not be responsible for any cost
whatsoever in respect to same. If reasonably requested by the City, the Redeveloper shall,
from time to time, reaffirm the representations and warranties set forth in this Section 7.01.
As used herein, the phrases “knowledge of Redeveloper”, “Redeveloper's knowledge”,
and similar phrases shall refer to the actual knowledge of the members of Redeveloper,
without further inquiry, as of the date such representation or warranty was made.
Section 7.02. Representations and Warranties and Covenants of the City. The
City hereby represents and warrants the following to the Redeveloper for the purpose of
inducing the Redeveloper to enter into this Agreement and to consummate the transactions
contemplated hereby, all of which shall be true as of the date hereof:
(a)
The City has the legal power, right and authority to enter into this
Agreement and the instruments and documents referenced herein to which the City is a
party, to consummate the transactions contemplated hereby, and to perform its obligations
hereunder.
(b)
This Agreement has been duly authorized, executed and delivered by the
City and is valid and legally binding upon the City and enforceable in accordance with its
terms on the basis of laws presently in effect and the execution and delivery thereof shall
not, with due notice or the passage of time, constitute a default under or violate the terms
of any indenture, agreement or other instrument to which the City is a party.
(c)
There is no pending or, to the best of the City’s knowledge, threatened
litigation that would in any way (i) contest or seek to invalidate the Redeveloper’s ability
to commence performance of its obligations under the Agreement, or (ii) prevent the City
from performing its duties and obligations hereunder.
(d)
There are no suits, other proceedings or investigations pending or, to the
best of the City’s knowledge, threatened against the City that would have a material
adverse effect on the City’s financial condition.
If reasonably requested by the Redeveloper, the City shall, from time to time, reaffirm the
representations and warranties set forth in this Section 7.02.
Section 7.03. Redeveloper Covenants. Redeveloper covenants and agrees that,
subject to the terms hereof, and except as explicitly provided herein (collectively, the
“Redeveloper Covenants”):
(a)
The Redeveloper shall use diligent efforts to obtain all Government
Approvals necessary for the construction and development of the Project. The
Redeveloper shall construct, improve, operate and maintain the Project in compliance with
all Governmental Approvals, and other laws, ordinances, approvals, rules, regulations and
requirements applicable thereto including, but not limited to, such zoning, sanitary,
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pollution and other environmental safety ordinances, laws and such rules and regulations
thereunder as shall be binding upon the Redeveloper under applicable laws.
(b)
The Redeveloper shall use commercially reasonable efforts to (i) obtain
financing for the Project, if and as needed, (ii) construct and develop the Project with all
due diligence, and (iii) commence and Complete each item in the Project Schedule on or
prior to the applicable date set forth in the Project Schedule and, for those items for which
commencement dates only are given, such items shall be completed in a commercially
reasonable period. All activities performed under this Agreement shall be performed in
accordance with the level of skill and care ordinarily exercised by reputable developers of
similar developments of the character, scope and composition of the Project.
(c)
In accordance with the terms and conditions set forth in Article IV
hereunder, the Redeveloper shall acquire the Properties in the Project Area.
(d)
The Redeveloper shall construct the Project in accordance with this
Agreement, the Redevelopment Law, the Redevelopment Plan (as the same may be
amended from time to time), and all other Applicable Laws and, in the event that the
Redeveloper wishes to materially change or modify the Project, notwithstanding the fact
that such material change or modification is authorized by the Redevelopment Plan, the
City’s written approval (which shall not be unreasonably withheld, conditioned or
delayed) must be secured prior to proceeding with any activities relating to such proposed
material modifications. The Redeveloper acknowledges that the City has relied on the Site
Plan and Project Schedule in entering into its obligations under this Agreement.
(e)
The Redeveloper shall Complete the Project on or prior to the date set forth
in the Project Schedule at its sole cost and expense (subject to Section 2.07).
(f)
Upon Completion of the development and construction of the Project, the
Redeveloper shall use diligent efforts to obtain all Governmental Approvals authorizing
the occupancy and uses of the Project for the purposes contemplated hereby.
(g)
The Redeveloper shall not discriminate against or segregate any person, or
group of persons, on account of race, color, religion, creed, national origin, ancestry,
physical handicap, age, marital status, affectional preference or gender in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall the
Redeveloper itself, or any Person claiming under or through the Redeveloper, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees,
or vendees of the Project.
(h)
The Redeveloper shall not restrict the sale, lease, sublease, rental, transfer,
use, occupancy, tenure, or enjoyment of the Project on the basis of race, color, religion,
creed, national origin, ancestry, physical handicap, age, marital status, affectional
preference or gender of any person.
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(i)
The Redeveloper shall immediately notify the City of any material change
in its financial condition from the information provided to the City by the Redeveloper
indicating the Redeveloper's financial capability to develop, finance and construct the
Project in furtherance of the City’s consideration in designating the Redeveloper as the
redeveloper of the Project Area.
(j)
The Redeveloper shall not use the Project Area, Project, or any part thereof,
for which a Certificate of Completion has not been issued, in a manner that is inconsistent
with the Redevelopment Plan and this Agreement.
(k)
The Redeveloper shall not use the Project Area, Project, or any part thereof
for which a Certificate of Completion has not been issued, as collateral for an unrelated
transaction.
Section 7.04. Declaration of Redeveloper Covenants and Restrictions. The
Redeveloper shall execute and record a declaration of project covenant in form of Exhibit
D, attached hereto (the “Declaration”), imposing on the Project and the Project Area, the
Redeveloper Covenants set forth in this Section 7.04, and those other matters indicated in
this Agreement to be included in the Declaration. Such Declaration shall provide that upon
the issuance of a Certificate of Completion for the Project or a Project Section, (a) the
agreements restrictions and covenants set forth in this Section 7.04 shall cease and
terminate, except for those covenants and restrictions set forth in Section 7.04 hereof
which shall survive in accordance with the terms of this Section 7.04, (b) the conditions
determined to exist at the time the Project Area or applicable portion thereof was
determined to be in need of redevelopment shall be deemed to no longer exist, and (c) the
land and improvements constituting the Project, and the Project Area or applicable portion
thereof, shall no longer be subject to eminent domain based upon such conditions.
Section 7.05. Effect and Duration of the Redeveloper Covenants. It is intended
and agreed, and the Declaration shall so expressly provide, that the agreements and
covenants set forth in Section 7.04 hereof and those elsewhere in this Agreement
designated for inclusion in the Declaration shall be covenants running with the land until
the Project or applicable portion thereof is Completed, and such covenants shall, in any
event, and without regard to technical classification or designation, legal or otherwise, and
except only as otherwise specifically provided in this Agreement, be binding, to the fullest
extent permitted by Applicable Laws and equity, for the benefit and in favor of, and
enforceable by, the City, its successors and assigns, and any successor-in-interest to the
Project, or any portion thereof, the Redeveloper, its successors and assigns and every
successor-in-interest therein, and any Party in possession or occupancy of the Project, or
any portion thereof; provided, however, that such covenants shall not be binding on any
Mortgagee except in accordance with the terms of Article XI hereof. Such agreements and
covenants, however, shall be binding on the Redeveloper itself, each successor-in-interest
to the Redeveloper and each party in possession or occupancy, respectively, only for such
period as the Redeveloper or such successor or party shall be in possession or occupancy
of the Project Area, the buildings and structures thereon, or any part thereof.
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Section 7.06. Enforcement of Redeveloper Covenants by the City. In
amplification, and not in restriction of, the provisions of this Article VIII, it is intended
and agreed that the City and any successor shall be deemed beneficiaries of the agreements
and covenants set forth in this Agreement, both for and in their own right but also for the
purposes of protecting the interests of the community and other parties, public or private,
in whose favor or for whose benefit such agreements and covenants have been provided.
The City shall have the right, in the event of any breach of any such agreement or covenant,
to terminate this Agreement in accordance with the terms of Section 12.03 hereof. This
Section is not intended to confer standing to sue on any party other than the City. Upon
Completion of the Project (as evidenced by the issuance of a Certificate of Completion),
the conditions that were found and determined to exist at the time the Project Area was
determined to be in need of redevelopment shall be deemed to no longer exist, and the
conditions and requirements of N.J.S.A. 40A:12A-9 shall be deemed to have been satisfied
with respect to the Project.
ARTICLE VIII
CERTIFICATES OF OCCUPANCY AND COMPLETION
Section 8.01. Certificate of Occupancy and Certificate of Completion. Upon
the Completion of the Project, in accordance with the Governmental Approvals and
Applicable Laws, the Redeveloper shall apply to the appropriate governmental officer or
body for a temporary or permanent Certificate of Occupancy. Following the issuance of a
permanent Certificate of Occupancy and the satisfaction of the terms and conditions of
this Agreement, the City agrees to issue a Certificate of Completion in substantially the
form attached hereto as Exhibit E, which shall acknowledge that the Redeveloper has
performed all of its duties and obligations under this Agreement, and has completed
construction of the Project , in accordance with the requirements of this Agreement and
shall constitute a determination that the conditions that were found to exist when the
Project Area (or applicable portion thereof) was determined to be an “area in need of
redevelopment” no longer exist. The Certificate of Completion shall constitute a
recordable, conclusive determination of the satisfaction and termination of the agreements
and covenants in this Agreement, Declaration, and the Redevelopment Plan with respect
to the obligations of the Redeveloper to construct the Project, as applicable, within the
date for the completion of same.
Within thirty (30) days after written request by the Redeveloper, the City shall
provide the Redeveloper with the Certificate of Completion or a written statement setting
forth in detail the reasons why it believes that the Redeveloper has failed to Complete the
Project in accordance with the provisions of this Agreement or is otherwise in default
under this, or any other, applicable agreement and what reasonable measures or acts will
be necessary in the opinion of the City in order for the Redeveloper to be entitled to the
Certificate of Completion.
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ARTICLE IX
TRANSFERS
Section 9.01. Prohibition Against Speculative Development. The Redeveloper
covenants that its undertakings pursuant to this Agreement shall be for the purpose of
developing and constructing the Project and not for speculation in land holding.
Section 9.02. Prohibition Against Transfers. The Redeveloper recognizes the
importance of the Project to the general welfare of the community. The Parties
acknowledge and agree that a change in control of the Redeveloper is for practical
purposes a transfer or disposition of the property interest then owned by the Redeveloper,
and that, therefore, the qualifications and identity of the Redeveloper and its principals are
of particular concern to the City. In light of the foregoing, except for Permitted Transfers
set forth in Section 9.03 hereof, during the term of this Agreement, the Redeveloper shall
not, without the prior written consent of the City, which shall not be unreasonably
withheld, conditioned or delayed: (a) effect or permit any change, directly or indirectly, in
the control of the Redeveloper prior to the issuance of the final Certificate of Completion
for the Project, (b) assign or attempt to assign this Agreement or any rights herein, or (c)
make any total or partial sale, transfer, or conveyance of the whole or any part of the
Project Area or Project (individually and collectively, a “Transfer”).
Section 9.03. Permitted Transfers. The Redeveloper, without violating the
provisions of Section 9.02 hereof, may affect the following Transfers, to which the City
hereby consents upon receipt of written notice thereof, without the necessity of further
action by the City (“Permitted Transfers”):
(a)
security for the purpose of obtaining the financing necessary to enable the
Redeveloper to perform its obligations under this Agreement with respect to completing
the Project and any other purpose authorized by this Agreement;
(b)
a total or partial sale, transfer or conveyance of the whole or any portion of
the Project that has received a Certificate of Completion;
(c)
a mortgage or mortgages and other liens and encumbrances (but not
including mechanic’s liens) for the purposes of financing costs associated with the
acquisition, development, construction and marketing of the Project;
(d)
utility and other development easements;
(e)
environmental covenants and restrictions imposed by a regulatory agency
as a condition of any permit or approval;
(f)
a lease, rental agreement, sale or other similar agreement with any end user
of the Project, which shall be defined as any individual or entity that utilizes any residential
or retail space for its intended use;
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(g)
a Transfer and total or partial assignment of this Agreement to an Affiliate
of the Redeveloper or a transfer among members of the Redeveloper and/or trustees for
their benefit;
(h)
a Transfer pursuant to a foreclosure or deed in lieu of foreclosure, and any
Transfer by any Holder or any Holder’s successor and/or assigns after foreclosure;
(i)
any contract or agreement with respect to any of the foregoing exceptions;
(j)
transfer of the Redeveloper limited partnership interest to a newly admitted
or replacement limited partner as required to implement an award of Low Income Housing
Tax Credits; and
(k)
replacement of the general partner interest in accordance with the terms and
conditions of the Redeveloper’s Limited Partnership Agreement, as may be amended or
restated from time to time.
Section 9.04. Notice of Permitted Transfers. With respect to any Permitted
Transfers (except for a Permitted Transfer pursuant to Section 9.03 (b) or (f)), the
Redeveloper shall provide to the City written notice at least fourteen (14) days prior to
such Transfer, including a description of the nature of such Permitted Transfer, and the
name(s) and address(es) of the transferee and any parties, individuals and/or entities
comprising such transferee. The Redeveloper shall cause the transferee to execute such
documentation as is reasonably requested by the City in order to assure that the transferee
has assumed all of the Redeveloper’s obligations under this Agreement and the
Declaration as to the Project (if the Redeveloper’s right, title and interest in the Project is
being transferred).
Section 9.05. Transfers Void. Any transfer of the Redeveloper’s interest in
violation of this Agreement shall be a Redeveloper Event of Default and shall be null and
void ab initio. Such default shall entitle the City to seek all remedies available under the
terms hereof, and those available pursuant to law or equity, including termination of this
Agreement. In the absence of specific written consent by the City, or a deemed approval
in accordance with the terms hereof, no such sale, transfer, conveyance or assignment or
approval thereof by the City, shall be deemed to relieve the Redeveloper from any
obligations under this Agreement. The Declaration shall contain a restriction against
transfers as set forth in this Article and, in addition, shall provide that in the event of any
attempted transfer in violation of the restrictions in this Article, the City shall be entitled
to the ex parte issuance of an injunction restraining such transfer, and the award of legal
fees and related expenses of the City in connection with any such legal action. Upon
recording of the Certificate of Completion, the provisions of the Declaration set forth in
this Article shall be deemed terminated, and the Declaration shall so state.
Section 9.06. Approval of Transfer. Notwithstanding anything to the contrary
contained herein, with respect to any Transfer that requires the City’s consent pursuant to
the terms of this Article IX, the City shall not unreasonably withhold, condition or delay
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its consent to such Transfer. The City shall notify the Redeveloper in writing whether the
City consents to a Transfer within thirty (30) calendar days after Redeveloper’s written
request to the City for such consent. The City shall not withhold, condition or delay its
consent to any Transfer to a transferee that has the same or greater experience and
technical capability to carry out the Project as the Redeveloper, and has the same or greater
wherewithal to obtain financing for the Project as the Redeveloper.
Section 9.08. Information as to Ownership of Redeveloper. In order to assist
in the effectuation of the purpose of this Article IX, Redeveloper represents that the
certificate attached to this Agreement as Exhibit F is an incumbency certificate of
Redeveloper as of the Effective Date, subscribed and sworn to by a manager member or
other authorized member of Redeveloper, setting forth the name(s) and address(es) of all
entities owning at least a 10% interest in Redeveloper.
(a)
At such times as reasonably requested by the City, Redeveloper will update
the incumbency certificate and keep Exhibit F current as to Redeveloper.
(b)
Redeveloper will immediately notify the City in writing of any and all
changes in the ownership of Redeveloper resulting in any change in such ownership or in
the relative distribution thereof, or with respect to the identity of the parties in control of
Redeveloper or the degree thereof, of which it or any of its officers or members have been
notified or otherwise have knowledge or information.
(c)
Redeveloper shall, at such time or times as the City may reasonably request,
furnish the City with a complete statement subscribed and sworn to by the managing
member or other authorized member of Redeveloper, setting forth the names of all
managing members, or other owners of equity interests of Redeveloper, and the extent of
their respective holdings.
ARTICLE X
INDEMNIFICATION
Section 10.01. Redeveloper Indemnification.
(a)
The Redeveloper covenants and agrees, at its expense, to pay and to
indemnify, protect, defend and hold the City, its Officials, employees, servants, designees
and agents (for the purposes of this Section 10.01, the “City Indemnified Parties”)
harmless from and against all liability, losses, damages, demands, costs, claims, lawsuits,
administrative proceedings, fines, penalties, and expenses (including reasonable
attorneys’ fees and court costs)(collectively, “Losses”), resulting, wholly or partially, from
the condition, use, possession, conduct, management, planning, design, acquisition,
construction, installation, financing, leasing or sale of the Project , including, but not
limited to, any lawsuit or proceeding relating to the death of any person or any accident,
injury, loss, and damage whatsoever to any person or to the property of any person which
shall occur on the Project Area and which results from any negligence or willful
misconduct of Redeveloper, its agents, servants, employees, or contractors, but excluding
Page | 31
Losses to the extent that same may result, wholly or partially, from the negligence or
willful misconduct of the City, its employees, contractors, representatives or agents.
Moreover, such obligation to indemnify shall not apply to the actions or inactions of third-
parties over whom the Redeveloper does not exercise control, as long as the Redeveloper
maintains and enforces commercially reasonable security measures and commercial
liability insurance to protect against such third-party actions or inactions. Redeveloper
shall provide copies of said insurance policies and demonstrate that the City is listed as an
additional named insured for so long as the policies are being maintained throughout the
Project and for an additional year following issuance of Certificate of Completion.
(b)
In any situation in which a City Indemnified Party is entitled to receive and
desires indemnification by the Redeveloper, the City Indemnified Party shall give prompt
notice of such situation to the Redeveloper. Failure to give prompt notice to the
Redeveloper shall not relieve the Redeveloper of any liability to indemnify the City
Indemnified Party, unless such failure to give prompt notice materially impairs the
Redeveloper's ability to defend such party. Upon receipt of such notice, the Redeveloper
shall resist and defend any action or proceeding on behalf of the City Indemnified Party,
including the employment of counsel reasonably acceptable to the City Indemnified Party,
the payment of all expenses and the right to negotiate and consent to settlement. All of the
City Indemnified Parties shall have the right to employ separate counsel in any such action
and to participate in the defense thereof, but the fees and expenses of such separate counsel
shall be at the expense of such City Indemnified Party. The Redeveloper shall not be liable
for any settlement of any such action effected without its consent, but if settled with the
consent of the Redeveloper or if there is a final judgment against the City Indemnified
Party in any such action, the Redeveloper agrees to indemnify and hold harmless the City
Indemnified Party from and against any loss or liability by reason of such settlement or
judgment for which the City Indemnified Party is entitled to indemnification hereunder.
The Redeveloper shall have the right to settle any such action on terms it deems
appropriate provided that a full release of the City Indemnified Party is obtained and no
admission of liability by the City Indemnified Party is required. In the event the City
Indemnified Party fails or refuses to provide a release of such action, and a final judgment
is rendered against the Redeveloper, the City shall be responsible for the Redeveloper’s
counsel fees and costs incurred subsequent to the City Indemnified Party’s refusal to
release the action and for that amount of the judgment which is in excess of the sum for
which the Redeveloper would have otherwise settled the action.
(c)
The Redeveloper’s indemnity provided under this Section 10.01 shall
survive the termination of this Agreement and shall run with the land and be referenced in
the Declaration but shall terminate upon the issuance of the last Certificate of Completion
for the Project.
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ARTICLE XI
MORTGAGE FINANCING; NOTICE OF DEFAULT
TO MORTGAGEE; RIGHT TO CURE
Section 11.01. Mortgage Financing.
(a)
Neither the Redeveloper nor any successor-in-interest to the Project, or any
portion thereof, shall engage in any financing or any other transaction creating any
mortgage or other encumbrance or lien upon the Project , as applicable, whether by express
agreement or operation of law, or suffer any encumbrance or lien (other than liens for
governmental impositions) to be made or attach to the Project , as applicable, in excess of
ninety (90%) percent of Project Costs, except as may be approved by the City (which
approval shall not be unreasonably withheld, conditioned or delayed) for the purpose of
obtaining funds in connection with the construction of the Project , as applicable; provided,
however, that upon the issuance of a Certificate of Completion for the Project, or any
portion thereof, such prohibition shall no longer apply with respect to the corresponding
parcel of land and Improvements. The Redeveloper, or its successor-in-interest, shall
notify the City in advance of any such financing secured by a mortgage or other lien
instrument which it proposes to enter into with respect to the Project, or any portion thereof
(a “Holder”) and, in any event, the Redeveloper shall promptly notify the City of any
encumbrance or lien (other than liens for governmental impositions) that has been created
on or attached to any portion of the Project, whether by voluntary act of the Redeveloper
or otherwise, upon obtaining knowledge or notice of same.
(b)
In the event that the Redeveloper is unable to obtain financing for the
Project on terms and conditions acceptable to Redeveloper in its reasonable discretion,
after reasonable and good faith attempts to do so, or if Redeveloper determines that
financing for the Project cannot be obtained on terms and conditions acceptable to
Redeveloper in its sole discretion, after reasonable and good faith attempts to do so, then
Redeveloper shall have the right to terminate this Agreement upon written notice to the
City. City hereby agrees to cooperate with the reasonable requirements of Redeveloper’s
selected lender(s) and investor(s).
(c)
If this Agreement is terminated pursuant to the terms of this Section 11.01
then, except as expressly set forth herein to the contrary and upon full payment of all City
Costs accruing until the date of such termination, this Agreement (including, without
limitation, all the covenants contained herein) shall be of no further force and effect and
the Parties hereto shall have no further rights, liabilities and/or obligations hereunder.
(d)
To the extent reasonably requested by the Redeveloper, the City shall
execute such other agreement and/or documents (in the form as reasonably acceptable to
the City) including, but not limited to, Estoppel Certificates as reasonably requested or
required by Redeveloper or Holder. In addition, if the Redeveloper or a Holder requires
changes in the terms of the Agreement, the City shall reasonably cooperate with the
Redeveloper in approving such change, so long as such change, if any, does not modify or
materially change the rights or obligations of the Parties set forth in this Agreement.
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Section 11.02. Notice of Default to the Redeveloper and Right to Cure.
Whenever the City shall deliver any notice or demand to the Redeveloper with respect to
any breach or default by the Redeveloper under this Agreement, the City shall at the same
time deliver to each Holder a copy of such notice or demand, provided that the
Redeveloper has delivered to the City a written notice of the name and address of such
Holder. Each such Holder shall (insofar as the rights of the City are concerned) have the
right at its option within ninety (90) calendar days after the receipt of such notice (and the
expiration of all applicable cure periods), to cure or remedy, or to commence to cure or
remedy, any such default which is subject to being cured and to add the cost thereof to the
debt and the lien which it holds. The City shall not seek to enforce any of its remedies
under this Agreement during the period in which any such Holder is proceeding diligently
and in good faith to cure a Redeveloper Event of Default. If possession of the Project Area
or a portion thereof is necessary to cure any default or breach, any Holder will be allowed
to complete any proceedings required to obtain possession of the Project Area or such
portion thereof, provided such Holder is proceeding diligently to so obtain possession.
Section 11.03. No Guarantee of Construction or Completion by Holder.
(a)
A Holder shall in no manner be obligated by the provisions of this
Agreement to construct or complete the Project, as applicable, or to guarantee such
construction or completion, nor shall any covenant or any other provisions be construed
to obligate a Holder. Nothing contained in this Agreement shall be deemed to permit or
authorize such Holder to undertake or continue the construction or completion of the
Project , as applicable (beyond the extent necessary to conserve or protect the Holder’s
security, including the improvements or construction already made) without the Holder or
Affiliate of Holder first having expressly assumed the Redeveloper’s obligations to the
City with respect to the Project, as applicable by written agreement reasonably satisfactory
to the City.
(b)
If a Holder forecloses its mortgage secured by the Project , as applicable,
or takes title (in its name or the name of an Affiliate) to the Project , as applicable, by
deed-in-lieu of foreclosure or similar transaction (collectively a “Foreclosure”), the Holder
or its Affiliate shall have the option to either (i) sell the Project , as applicable, to a
responsible entity reasonably acceptable to the City, which entity shall assume the
obligations of the Redeveloper under this Agreement in accordance with Applicable Law,
and/or (ii) itself, or its Affiliate, assume the obligations of the Redeveloper under this
Agreement in accordance with Applicable Law. In the event of a Foreclosure and provided
the Holder or the purchaser is in compliance with this Agreement, the City shall not seek
to enforce against the Holder or purchaser of the parcel any of the remedies available to
the City pursuant to the terms of this Agreement available in connection with the events
preceding the Foreclosure. The Holder, or the entity assuming the obligations of the
Redeveloper as to the parcel affected by such Foreclosure or sale, in that event must agree
to complete the Project, as applicable, in accordance with the terms of this Agreement, but
subject to reasonable extensions of the Project Schedule, and shall submit evidence
reasonably satisfactory to the City that it has the qualifications and financial responsibility
necessary to perform such obligations. Any such Holder, or other entity assuming such
Page | 34
obligations of the Redeveloper, properly completing the Project, as applicable, shall be
entitled, upon written request made to the City, to Certificates of Completion. Nothing in
this Agreement shall be construed or deemed to permit or to authorize any Holder, or such
other entity assuming such obligations of the Redeveloper, to devote the Project Area, or
any part thereof, to any uses, or to construct any improvements thereon, other than those
uses or improvements provided for or authorized by this Agreement and the
Redevelopment Plan. The Holder or such other entity that assumes the obligations of the
Redeveloper shall be entitled to develop the Project, or in each case a portion thereof, in
accordance herewith.
ARTICLE XII
EVENTS OF DEFAULT AND REMEDIES;
REPLACEMENT REDEVELOPER
Section 12.01. Events of Default. Any one or more of the following shall
constitute an event of default hereunder (“Event of Default”), subject to the occurrence of
an event of Force Majeure (with none of the following to be construed as a limitation on
any other):
(a)
Redeveloper Events of Default.
(i)
Failure of Redeveloper to observe or perform any material
covenant, condition, representation, warranty or agreement hereunder and any other
failure, act or omission by Redeveloper designated elsewhere in this Agreement as a
default, and except as otherwise specified below the continuance of such default for a
period of thirty (30) calendar days after Notice from the City specifying the nature of such
default and requesting that such default be remedied; provided, however, if the default is
one that cannot be completely remedied within thirty (30) calendar days after such notice,
it shall not be an Event of Default as long as Redeveloper is proceeding in good faith and
with diligence to remedy same as soon as practicable, but in no event later than ninety (90)
calendar days after such notice unless this Agreement or the City specifically provides
otherwise;
(ii)
Redeveloper's failure or refusal to make any payment or deposit of
funds required hereunder as and when required, and the failure to make such payment or
deposit within fifteen (15) business days after Notice from the City, including, but not
limited to, any failure or refusal to initially provide or subsequently replenish the
Redeveloper Escrow Funds;
(iii)
(a) Redeveloper shall have applied for or consented to the
appointment of a custodian, receiver, trustee or liquidator of all or a substantial part of its
assets; (b) a custodian shall have been legally appointed with or without consent of
Redeveloper; (c) Redeveloper (1) has made a general assignment for the benefit of
creditors, or (2) has filed a voluntary petition in bankruptcy or a petition or an answer
seeking an arrangement with creditors or has taken advantage of any insolvency law; (d)
Redeveloper has filed an answer admitting the material allegations of a petition in any
Page | 35
bankruptcy or insolvency proceeding; (e) Redeveloper shall take any action for the
purpose of effecting any of the foregoing; (f) a petition in bankruptcy shall have been filed
against Redeveloper, and shall not have been dismissed for a period of ninety (90)
consecutive days; (g) an Order for Relief shall have been entered with respect to or for the
benefit of Redeveloper, under the Bankruptcy Code; (h) an Order, judgment or decree
shall have been entered, without the application, approval or consent of Redeveloper, by
any court of competent jurisdiction appointing a receiver, trustee, custodian or liquidator
of Redeveloper, or a substantial part of its assets and such order, judgment or decree shall
have continued unstayed and in effect for any period of ninety (90) consecutive days; or
(i) Redeveloper shall have suspended the transaction of its usual business.
(iv)
Redeveloper (a) except as otherwise permitted hereunder, fails to
perform its material obligations with respect to the implementation of the Project in
accordance with this Agreement and the Project Schedule, the Redevelopment Plan,
Governmental Approvals or Applicable Laws, including, but not limited to, failure to
Commence Construction or Complete Construction in accordance with the Project
Schedule; or (b) abandons the Project or suspends construction work for three (3)
consecutive months without the prior knowledge and consent of the City (unless such
suspension arises out of a Force Majeure Event), and any such failure, abandonment or
suspension shall not be cured, ended, or remedied within thirty (30) days after Notice by
the City; provided, however, if the default is one that cannot be completely remedied
within thirty (30) days after such Notice has been given, it shall not be an Event of Default
as long as the Redeveloper is proceeding in good faith and with due diligence to remedy
the same as soon as practicable, but in no event later than ninety (90) days after such
Notice;
(v)
There is a prohibited Transfer, immediately upon such Transfer
with no Notice or opportunity to cure;
(vi)
Material breach of any warranty or representation made by
Redeveloper;
(vii)
Material violation by Redeveloper of any covenant or restriction
contained in the Declaration;
(viii) Redeveloper's failure to pay or delinquency in the payment of real
property taxes or assessments, which failure or delinquency is not cured within thirty (30)
days of Notice by the City; or
(ix)
Cancellation or termination by reason of any act or omission of
Redeveloper of any insurance policy, performance or completion bond, letter of credit,
guaranty or other surety required hereunder to be provided by Redeveloper for the benefit
of the City, immediately upon cancellation or termination thereof if not replaced with no
resulting gaps in coverage.
Page | 36
(b)
City Events of Default.
(i)
Failure of the City to perform its obligations hereunder, and the
continuance of such Default for a period of thirty (30) calendar days after Notice from the
Redeveloper specifying the nature of such Default and requesting that such Default be
remedied; provided, however, if the Default is one that cannot be completely remedied
within thirty (30) calendar days after such Notice, it shall not be an Event of Default as
long as the City is proceeding in good faith and with due diligence to remedy the same as
soon as practicable, but in no event later than ninety (90) calendar days after such Notice
unless this Agreement specifically provides otherwise;
(ii)
Material breach of any warranty or representation made by the City
and the continuance thereof for a period of thirty (30) calendar days after Notice from the
Redeveloper specifying the nature of such Default and requesting that such Default be
remedied; provided, however, if the Default is one that cannot be completely remedied
within thirty (30) calendar days after such Notice, it shall not be an Event of Default as
long as the City is proceeding in good faith and with due diligence to remedy the same as
soon as practicable, but in no event later than ninety (90) calendar days after such Notice
unless this Agreement specifically provides otherwise.
Section 12.02. Force Majeure. Performance by either Party shall not be deemed
to be in default hereunder where delays or failure to perform are the result of events or
conditions beyond the reasonable control of the Party relying thereon as justification for
not performing an obligation or complying with any condition required of such Party
under the terms of this Agreement, including, but not limited to, the following (a “Force
Majeure” event):
(a)
An act of God, lightning, blizzards, hurricane, tornado, earthquake, acts of
public enemy, war (whether or not declared), terrorism, blockade, insurrection, riot or civil
disturbance, sabotage or similar occurrence, the declaration of a state of an emergency by
any governmental entity which results in the stoppage or shut down of the development
of the Project, but not including reasonably anticipated weather conditions for the
geographic area of the Project Area, other than those set forth above (such events being
required to physically affect a Party’s ability to fulfill its obligations hereunder; and the
consequential effect of such events (e.g., impact on market conditions) shall not be
considered a Force Majeure event);
(b)
A landslide, fire, explosion, flood, release of nuclear radiation, damage to
or theft of any part of the Improvements, or any casualty not created by the willful
misconduct or grossly negligent act or omission of the Party claiming Force Majeure;
(c)
The order, judgment, action or inaction and/or determination of any
Governmental Authority (other than the City when acting in conformance with this
Agreement) excepting decisions interpreting federal, State and local tax laws generally
applicable to all similar taxpayers; provided, however, that such order, judgment, action
Page | 37
or inaction and/or determination shall not be the result of the willful misconduct or grossly
negligent action or inaction of the Party relying thereon. Neither the contesting of any such
order, judgments, action or inaction and/or determination, in good faith, nor the reasonable
failure to so contest, shall constitute or be construed as willful misconduct or grossly
negligent action or inaction by such Party;
(d)
The suspension, termination, interruption, denial, or failure of or delay in
renewal or issuance of any Governmental Approval (including due to any appeal);
provided, however, that such suspension, termination, interruption, denial, or failure of or
delay in renewal or issuance shall not be the result of the willful misconduct or grossly
negligent action or inaction of the Party relying thereon. Neither the contesting of any such
suspension, termination, interruption, denial or failure of renewal or issuance, in good
faith, nor the reasonable failure to so contest, shall constitute or be construed as willful
misconduct or grossly negligent action or inaction by such Party. Delay in issuance of a
Governmental Approval resulting from the Redeveloper’s failure to make an
administratively complete submission for a Governmental Approval in accordance with
Applicable Law shall not be a Force Majeure event;
(e)
An inability to procure goods or services for any reason not caused by the
willful misconduct or grossly negligent act or omission of the Party claiming Force
Majeure, including, but not limited to, the limited manufacturing capacity of any suppliers,
a general shortage of labor, equipment, facilities, energy, materials or supplies in the open
market, failure of transportation, strikes, lockouts, slowdowns or similar labor action by
trade unions or any of their members, equipment manufacturers, suppliers of material
and/or transporters of same, or any other economic condition that may adversely affect the
Project , or the real estate markets; or
(f)
Acts or omissions of the other Party, except in conformance with this
Agreement or Applicable Law, or as to the Redeveloper, acts or omissions of the City.
Any Force Majeure event affecting any counterparty to an agreement with either
or both of the Parties hereto shall be considered a Force Majeure event hereunder. Notice
by the Party claiming an extension shall be sent to the other Party within thirty (30)
calendar days of the commencement of the cause. During any Force Majeure event that
affects a portion of the Project, to the extent reasonably practicable, the Redeveloper shall
continue to perform its obligations for the rest of the Project. The existence of a Force
Majeure event shall not prevent a Party from declaring the occurrence of an Event of
Default by the Party relying on such Force Majeure event; provided, however, that the
event that is the basis of the Event of Default is not a result of the Force Majeure event.
Except for a Force Majeure event(s) resulting from acts or omissions of the City, any Force
Majeure event(s) will be deemed to have ceased to exist as of a date twenty-four (24)
months from its initial occurrence.
Section 12.03. Remedies Upon Event of Default by the Redeveloper. If an
Event of Default by the Redeveloper occurs which is not cured under Section 12.01(a) and
Page | 38
subject to the rights of a Holder under Section 11.01 hereof, the City shall have the right,
in its sole and absolute discretion, to the following:
(a)
Termination of this Agreement, in whole or in part, upon the expiration of
the applicable cure period with respect to the Project, or to otherwise de-designate the
Redeveloper;
(b)
The withholding of the issuance of any Certificate(s) of Occupancy and/or
Certificate(s) of Completion as to the Project until the Event of Default has been cured;
(c)
To declare and direct the appropriate City official to enforce the forfeiture
of the performance guarantees if such Event of Default is with respect to an obligation for
which such performance guarantee was furnished; or
(d)
All other remedies at law or in equity.
Section 12.04. Termination of the Agreement; Resale of the Property. If, prior
to the conveyance of the Property to the Redeveloper and, in violation of this Agreement,
the Redeveloper (or any successor in interest) assigns or attempts to assign this Agreement
or any rights in the Project or the Property contrary to the provisions of this Agreement, or,
subject to the prior satisfaction of all conditions precedent, does not accept the Deed(s) to
the Property upon tender thereof by the City pursuant to this Agreement, or if any other
Event of Default occurs and all applicable cure periods have expired, then this Agreement,
and any rights of the Redeveloper or its assignee or transferee hereunder arising therefrom
with respect to the City or the Property, shall, at the option of the City, be terminated and
there shall be no further rights or obligations of the parties, except as expressly set forth
this Agreement. In the event of such termination, the City shall terminate the Redeveloper’s
designation as the redeveloper of the Project and shall have the right to withdraw, to the
extent possible, from a purchase agreement or condemnation proceeding heretofore
undertaken. In the event of such termination, the Redeveloper shall remain fully
responsible for payment of any outstanding Reimbursable City Costs. The Redeveloper
shall pay to the City all costs and/or damages (including reasonable counsel fees) incurred
by the City on account of the default of the Redeveloper and/or arising out of or resulting
from the withdrawal of the City from any purchase agreement and/or condemnation
proceeding. The City shall have the right to apply to the aforementioned costs or damages
incurred by the City as aforesaid, any of the Redeveloper Escrow Funds in the hands of the
City at the time of such default and termination or any funds returned to the City as the
result of the City’s termination or withdrawal from any condemnation action or purchase
agreement entered into in connection therewith. In the event of a termination of this
Agreement pursuant to this Section, upon the resale of the Property, the proceeds from the
resale of the Property, as well as the consideration, if any, received by the City for the
Property, shall be applied as follows:
(a)
First, to all reasonable costs and expenses incurred by the City including,
but not limited to, (i) reasonable legal fees and related costs and expenses incurred by the
City in connection with the acquisition, possession, management and resale of the Property;
Page | 39
(ii) all taxes, assessments, and water and sewer charges with respect to the Property or any
part thereof incurred after the termination of this Agreement and prior to the resale of the
Property; and (iii) any amounts otherwise owed to the City by Redeveloper and its
successors, assigns or transferees in accordance with the terms of this Agreement;
(b)
Second, to reimburse the Redeveloper, its successors, assigns or transferees
up to the amount equal to the Redeveloper’s actual costs (exclusive of profit and
development or management fees paid to Redeveloper or its Affiliates, if any) associated
with the Project, for land acquisition, engineering, site improvement, developer costs and
other costs required by this Agreement and the actions contemplated thereby. Any balance
remaining after such reimbursements shall be retained by the City as its property; and
(c)
Any remaining balance after such reimbursements shall be remitted to the
City.
Section 12.05. City’s Remedies; Re-vesting Title in City. Subsequent to the
City’s conveyance of the Property to the Redeveloper and prior to the Completion of the
Project, upon the occurrence of any material Event of Default by the Redeveloper and after
all applicable cure periods have expired, the City shall have the right at its sole and absolute
option, upon thirty (30) calendar days’ written notice to Redeveloper and any mortgagee
of the Redeveloper, to re-enter and take possession of the Property and to terminate (and
re-vest in City) the estate conveyed by the Deed(s) of the City to the Redeveloper and
thereupon all title and rights and interests in and to the Property shall revert to the City.
At the same time that the City enters onto and takes possession of the Property,
Redeveloper shall execute and deliver a deed to the City for the Property subject to the
rights of any mortgage holder as set forth in Article V herein. If Redeveloper fails to deliver
an executed deed to the City within fifteen (15) calendar days after written demand by the
City, the City shall have the right as the attorney-in-fact for Redeveloper to execute and
deliver such a deed to the City for the Property. The Redeveloper hereby irrevocably
appoints the City as its attorney-in-fact for the purpose of making this conveyance, the
power of attorney being a power coupled with an interest. Upon the occurrence of any such
conveyance, this Agreement shall be deemed terminated and there shall be no further rights
or obligations of the parties. This provision shall be entered in the Deeds. Any vesting of
title in the City under this Section shall always be subject to and limited by, and shall not
defeat, render invalid, or limit in any way, the lien of any mortgage permitted by this
Agreement for the protection of the holders of such mortgage.
Section 12.06. Remedies Upon Event of Default by the City. In the event that
an Event of Default by the City occurs, which is not cured under Section 12.01(b) hereof,
then the Redeveloper may take whatever action at law or in equity as may appear necessary
or desirable to enforce the performance or observance of any rights, remedies, obligations,
agreements, or covenants of the City, as applicable, under this Agreement, including, but
not limited to, an action for specific performance and/or damages. Further, but subject to
any cure provisions afforded the City hereunder, the Redeveloper shall have the right, in
its sole and absolute discretion, to terminate this Agreement.
Page | 40
Section 12.07. Failure or Delay. Except as otherwise expressly provided in this
Agreement, any failure or delay by either Party in asserting any of its rights or remedies
as to any default, shall not operate as a waiver of any default, or of any such rights or
remedies, or deprive either such Party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights or
remedies.
Section 12.08. Remedies Cumulative. No remedy in favor of Redeveloper
conferred by any of the provisions of this Agreement is intended to be exclusive of any
other remedy and each and every remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. The election of any one or more remedies by Redeveloper shall not
constitute a waiver of the right to pursue other available remedies.
Section 12.09. Continuance of Obligations. The occurrence of an Event of
Default shall not relieve the defaulting party of its obligations under this Agreement unless
this Agreement is terminated as a result of such Event of Default, as and to the extent
permitted hereunder.
Section 12.10. Mitigation. The Parties shall act reasonably to mitigate any
damages that may be incurred as a result of an Event of Default hereunder; provided,
however, that the costs of any mitigation efforts shall be at the sole cost of the defaulting
Party.
Section 12.11. Replacement of Redeveloper. Upon termination of this
Agreement by the City due to an Event of Default by the Redeveloper, the City shall have
the right at its sole and absolute option, pursuant to its responsibilities and obligations
under Applicable Law, to designate a replacement redeveloper for the Project. Such
replacement redeveloper shall be designated as soon and in such a manner as the City shall
find feasible and consistent with the objectives of Applicable Law and of the
Redevelopment Plan. Consistent with this Agreement, Redeveloper shall deliver to the
City originals of all Plans and Specifications and other Project documents to the extent in
the possession and control of the Redeveloper or its consultants, contractors, engineers,
architects or agents, and shall upon request execute assignments of all Project documents
and other rights and agreements pertaining to the Project in factor of the City. Any
proceeds resulting from the designation of the replacement redevelopment shall be applied
as follows:
(a)
First, to all Reimbursable City Costs;
(b)
Second, to reimburse the Redeveloper, its successors or transferees up to
the amount equal to the Redeveloper’s actual costs (exclusive of profit and development
or management fees paid to Redeveloper or its Affiliates) associated with the Project, for
land acquisition, engineering, site improvement, developer costs and other costs required
by this Agreement and the actions contemplated thereby; and
Page | 41
(c)
Any remaining balance after such reimbursements shall be remitted to the
City.
ARTICLE XIII
INSURANCE
Section 13.01. Insurance — General Requirements. At all times during the
construction of the Project, as applicable, and until such time as the City shall issue a
Certificate of Completion for the Project, as applicable, in accordance with the provisions
of this Agreement, the Redeveloper shall maintain, or cause to be maintained by its
contractors, who shall name the City as an additional named insured and provide proof of
same, insurance for the mutual benefit of the City and the Redeveloper as their interests
may appear:
(a)
Loss or damage by fire, and such other risks as may be included in the
standard form of extended coverage insurance from time to time available, in amounts
sufficient to prevent the City or Redeveloper from becoming a co-insurer within the terms
of the applicable policies, and in any event, in amounts not less than 100% of the then full
insurable value of the Project or Project Section, as applicable;
(b)
All claims for bodily injury and property damage, under a policy of
comprehensive general public liability insurance, with such limits as may be reasonably
required by the City from time to time, but not less than $1 million per occurrence in
respect of injury or death and $2 million per occurrence for property damage, plus excess
(“umbrella”) liability policies with coverage not less than $5 million;
(c)
Works compensation insurance in an amount not less than $1 million or as
statutorily may be required under Applicable Laws for employees of Redeveloper and its
contractors; and
(d)
Builder's risk insurance.
The Redeveloper's obligation to provide insurance, or to arrange for its contractors
to provide insurance, as to the Project, as applicable, shall cease upon the issuance of a
Certificate of Occupancy as to the Completion of Construction undertaken by the
Redeveloper.
The Redeveloper shall furnish the City with satisfactory proof that it has obtained all
applicable insurance as descried in this Section from insurance companies or underwriters
reasonably satisfactory to the City. The Redeveloper shall furnish to the City certificates
of the preceding types of insurance showing the type, amount, and class of operations
insured and the effective and expiration dates of the policies. Until construction of the
Project, as applicable, is completed and a Certificate of Completion issued, the
Redeveloper shall, upon request, provide the City with proof that the aforesaid insurance
policies are being maintained. All insurance policies obtained pursuant to this Article XIII
must include waivers of subrogation against the City and the Redeveloper.
Page | 42
ARTICLE XVI
MISCELLANEOUS
Section 14.01. Notices. Formal notices, demands and communications between
the City and the Redeveloper (“Notice”) shall be in writing and deemed given if dispatched
to the addresses set forth below by registered or certified mail, postage prepaid, return
receipt requested, or by a commercial overnight delivery service with packaging tracking
capability and for which proof of delivery is available. In this case such Notice is deemed
effective upon delivery. Such Notice may be sent in the same manner to such other
addresses as either Party may from time to time designate by written notice. Copies of all
Notices shall be sent as follows:
If to the City:
City of Union City
Office of the Mayor
3715 Palisade Avenue
Union City, New Jersey 07087
City of Union City
Office of the Clerk
3715 Palisade Avenue
Union City, New Jersey 07087
With a copy to:
Angelo Auteri, Esq.
Scarinci Hollenbeck
1100 Valley Brook Avenue
P.O. Box 790
Lyndhurst, New Jersey 07071
If to the Redeveloper:
720 8th Street Union City, L.P.
77 Park Street
Montclair, New Jersey 07042
ATTN: Edward G., Martoglio
With a copy to:
720 8th Street Union City, L.P.
77 Park Street
Page | 43
Montclair, New Jersey 07042
ATTN: Frank D. Casciano, Esq.
Section 14.02. Non-Liability of Officials and Employees of the City. No
member, Official, agent, or employee of the City shall be personally liable to the
Redeveloper, or any successor-in-interest, in the event of any default or breach by the City,
or for any amount which may become due to the Redeveloper or its successor, or on any
obligation under the terms of this Agreement.
Section 14.03. Non-Liability of Officials and Employees of Redeveloper. No
member, officer, shareholder, director, partner or employee of the Redeveloper shall be
personally liable to the City, or any successor-in-interest, in the event of any default or
breach by the Redeveloper or for any amount which may become due to the City, or their
successors, on any obligation under the terms of this Agreement.
Section 14.04. No Brokerage Commissions. The City and the Redeveloper each
represent one to the other that no real estate broker initiated, assisted, negotiated or
consummated this Agreement as broker, agent, or otherwise acting on behalf of either the
City or the Redeveloper, and the City and the Redeveloper shall indemnify each other with
respect to any claims made by any person, firm or organization claiming to have been so
employed by the indemnifying party.
Section 14.05. Provisions Not Merged With Deeds. To the extent that the
provisions of this Agreement are intended to bind the Redeveloper’s assigns and
successors, its provisions shall not be merged by reason of any deeds transferring title to
any portion of the Project Area from the Redeveloper or any successor-in-interest, and any
such deeds shall not be deemed to affect or impair the provisions and covenants of this
Agreement.
Section 14.06. Successors and Assigns. This Redevelopment Agreement shall be
binding upon and inure to the benefit of the permitted successors and assigns of the Parties
hereto, and their heirs, executors, and administrators. Consistent with Section 9.03,
Redeveloper may assign this Redevelopment Agreement, in full or in part, to an Affiliate.
Section 14.07. Titles of Articles and Sections. The titles of the Articles and
Sections of this Agreement are inserted for the convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 14.08. Severability. If any term or provision of this Agreement or the
application thereof shall to any extent be held to be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to circumstances other than
those to which it is invalid or unenforceable, shall not be affected thereby, and each other
term and provision of this Agreement shall be valid and shall be enforced to the extent
permitted by law.
Page | 44
Section 14.09. Executiuon of Counterparts. This Agreement may be executed
in one or more counterparts (which may be copies delivered electronically or by facsimile)
and when each Party has executed and delivered at least one counterpart, this Agreement
shall become binding on the Parties and such counterparts shall constitute one and the
same instrument.
Section 14.10. Prior Agreements Superseded. This Agreement integrates all of
the terms and conditions mentioned herein or incidental hereto, and supersedes any prior
agreement and all negotiations or previous agreements between the Parties with respect to
all or any part of the subject matter hereof.
Section 14.11. Waivers and Amendments in Writing. All waivers of the
provisions of this Agreement must be in writing and signed by the appropriate authorities
of the City and the Redeveloper and all amendments hereto must be in writing and signed
by the appropriate authorities of the City and the Redeveloper.
Section 14.12. Drafting Ambiguities and Interpretation. In interpreting any
provision of this Agreement, no weight shall be given to, nor shall any construction or
interpretation be influenced by, the fact that counsel for one of the Parties drafted this
Agreement, each Party acknowledging that it and its counsel have had an opportunity to
review this Agreement and have contributed to the final form of same.
Section 14.13. Governing Law. This Agreement shall be governed by and
construed in accordance with the Applicable Laws of the State, and any disputes arising
hereunder shall be resolved in the Superior Court, State of New Jersey, Hudson County
Vicinage.
Section 14.14. Incorporation of Recitals. The recitals set forth in this Agreement
are hereby incorporated by reference and are considered part of this Agreement.
[SIGNATURE PAGE FOLLOWS]
Page | 46
EXHIBIT A
DESCRIPTION OF THE PROJECT AREA
Block 42, Lot 9 as designated on the Official Tax Map of the City of Union City, commonly
known as 720 8th Street, Union City, New Jersey.
Page | 47
EXHIBIT B
APPROVED SITE PLAN AND BOARD RESOLUTIONS
SUBJECT PROPERTY
ZONE: PUBLIC (P)
TITLE SHEET
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
T-1.00
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\T-1.00.DWG\\\T-1.00
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
UNION CITY, NJ
BLOCK: 42 LOT: 9
PRELIMINARY AND FINAL SITE PLAN APPROVAL
FOR A PROPOSED 6 STORY MIXED-USE 100 UNIT MULTI-FAMILY
BUILDING WITH TWO LEVEL PARKING GARAGE AND RETAIL
UNION CITY SENIOR HOUSING
720 8TH STREET
200' RADIUS MAP
NTS ZONING MAP
ITEM
PROPOSED
REQUIRED/PERMITTED
VARIANCE
PERMITTED USE
AFFORDABLE AGE-RESTRICTED HOUSING
ADDRESS:
720 8TH STREET
ZONE:
(P) PUBLIC
BLOCK:
42
LOT:
9
OCCUPANCY:
R-2 / S-2 / M / B
CONSTRUCTION TYPE:
TYPE 1A (PROTECTED NON-COMBUSTIBLE) & 5A (PROTECTED COMBUSTIBLE)
EXISTING USE:
PUBLIC PARKING LOT
PROPOSED:
6-STORY 100-UNIT SENIOR RESIDENTIAL BLDG W/ RETAIL & TWO LEVELS OF PARKING
LOT AREA:
29,532 SF (0.678 ACRES)
ZONING COMPARISON CHART
AGE-RESTRICTED HOUSING AND
AFFORDABLE HOUSING IN LOW OR
MID-RISE APARTMENT BUILDINGS
NO
MIN. LOT AREA (SQFT)
12,500 SQFT
29,532 SQFT
NO
MIN. LOT WIDTH (FEET)
100.0'
73.50'
YES (EXISTING COND.)
MAX. HEIGHT (STORIES)
5 STORIES
6 STORIES
YES
MAX. HEIGHT (FEET)
60'-0"
68'-0"
YES
BASEMENT
1,645 SF
FIRST FLOOR
25,404 SF (PARKING: 19,992 SF)
SECOND FLOOR
25,447 SF (PARKING: 18,560 SF)
THIRD FLOOR
23,452 SF
FOURTH FLOOR
22,322 SF (ROOF TERRACE: 608 SF)
FIFTH FLOOR
22,322 SF
SIXTH FLOOR
21,622 SF (ROOF TERRACE: 636 SF)
TOTAL BUILDING AREA:
142,214 SF
BUILDING INFORMATION
BUILDING FLOOR AREA (GROSS)
RESIDENTIAL UNIT MIX
APARTMENT
THIRD FL. FOURTH FL.
FIFTH FL.
SIXTH FL.
TOTAL
STUDIO
2
1
1
1
5
1-BEDROOM
20
24
24
23
91
2-BEDROOM
1
1
1
1
4
TOTAL
23
26
26
25
100
EXISTING SITE PHOTOS
DRAWING LIST
KEY MAP
T-1.00
TITLE SHEET
C-0.00
EXISTING CONDITIONS PLAN
C-1.10
DEMOLITION SITE PLAN
C-1.20
DIMENSIONAL SITE PLAN
C-1.30
GRADING, DRAINAGE, & UTILITY PLAN
C-1.40
SOIL EROSION & SEDIMENT CONTROL PLAN
C-1.50
LIGHTING PLAN
C-1.60
LANDSCAPING PLAN
C-1.70
TRAFFIC PLAN
C-2.00
SITE DETAILS I
C-2.10
SITE DETAILS II
C-2.20
SITE DETAILS III
A-1.00
PROPOSED FLOOR PLANS
A-1.10
PROPOSED FLOOR PLANS
A-1.20
PROPOSED FLOOR PLANS
A-1.30
PROPOSED FLOOR PLANS
A-1.40
PROPOSED FLOOR PLANS
A-2.00
PROPOSED BUILDING ELEVATIONS
NTS
NTS
8TH STREET PHOTOS
10TH STREET PHOTOS
CONCEPTUAL RENDERING
MIN. LOT DEPTH (FEET)
100.0'
381.54'
NO
MIN. YARDS
10'-0" OR PREVAILING
0'-0" ON 8TH STREET
NO
MIN. FRONT
25'-0"
N/A
N/A
MIN. REAR
5'-0"
4.41'
YES
MIN. SIDE - ONE
15'-0"
8.89'
YES
MIN. SIDE - BOTH
(FEET)
0'-0" ON 10TH STREET
YES
MAX. BLDG. COVERAGE
70%
86%
YES
MAX. LOT COVERAGE
90%
86%
NO
PARKING
REPLACE EXISTING 71 SPACES
71 PUBLIC SPACES
NO
1 SPACE PER 300 SF (4.6 SPACES)
2 SPACES
YES
PUBLIC
POST OFFICE
1 SPACE PER 300 SF (8.4 SPACES)
0 SPACES
YES
OFFICES
56 SPACES
YES
RESIDENTIAL
(1.8) SPACE PER STUDIO & 1 BD
(2.0) SPACES PER 2 BEDROOM
TOTAL REQ. = 180.8 SPACES
5'
10'
25'
1. ALL STREET CURBING AND SIDEWALKS ALONG PROPERTY FRONTAGES ARE TO BE REPLACED BY THE DEVELOPER AND SHALL
COMPLY WITH THE REQUIREMENTS OF THE CITY OF UNION CITY ENGINEERING STANDARDS.
2. SURVEY INFORMATION HAS BEEN TAKEN FROM SURVEY PREPARED BY GEORGE R. PRONESTI, NJ P.L.S. LIC. NO. 16202, PRONESTI
SURVEYING, INC. ON APRIL 17, 2018.
3. ALL STRIPING AND SIGNAGE IN PARKING AREA SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE MANUAL OF UNIFORM
TRAFFIC CONTROL DEVICES.
4. CONTRACTOR TO OBTAIN COUNTY OF HUDSON ROAD OPENING PERMIT AS REQUIRED.
SURVEYOR REFERENCE INFORMATION NOTES
PM
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-0.00
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-0.00
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
EXISTING CONDITIONS
SITE PLAN
1
1" = 20'
EXISTING CONDITIONS
SITE PLAN
EXISTING GAS
LINE TO REMAIN
EXISTING ASPHALT
PAVEMENT TO BE
REMOVED
EXISTING BUILDING
TO BE DEMOLISHED
EXISTING CURB &
SIDEWALK ALONG
THE PROPERTY LINE
TO BE REMOVED
EXISTING OVERHEAD
WIRES TO BE REMOVED.
COORDINATE WITH
PSE&G.
EXISTING MAIL
BOXES TO BE
RELOCATED
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING OVERHEAD WIRES TO
BE REMOVED. COORDINATE
WITH PSE&G.
EXISTING OVERHEAD
WIRES TO BE REMOVED.
COORDINATE WITH PSE&G.
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING TREES
TO BE REMOVED
EXISTING TREES
TO BE REMOVED
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING UTILITY POLE TO BE
RELOCATED. COORDINATE WITH PSE&G
EXISTING OVERHEAD
WIRES TO BE REMOVED.
COORDINATE WITH
PSE&G.
EXISTING TREE TO
REMAIN
EXISTING UTILITY POLE TO
BE REMOVED. COORDINATE
WITH PSE&G
EXISTING UTILITY POLE TO
BE REMOVED. COORDINATE
WITH PSE&G
EXISTING UTILITY & LIGHT
POLE TO BE RELOCATED.
COORDINATE WITH PSE&G
EXISTING UTILITY &
LIGHT POLE TO BE
REMOVED. COORDINATE
WITH PSE&G
EXISTING FIRE
HYDRANT TO
REMAIN
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING UTILITY
& LIGHT POLE TO
REMAIN
EXISTING STREET TREE
& TREE PIT TO BE
RELOCATED
EXISTING INLET
TRENCH TO BE
REMOVED
EXISTING SEWER PIPE
TO BE REMOVED
ALL EXISTING PARKING
METERS WITHIN THE
LOT TO BE RELOCATED
EXISTING CATCH
BASIN TO BE
REMOVED
ALL EXISTING PARKING
SIGNS WITHIN THE LOT
TO BE REMOVED
EXISTING UTILITY & LIGHT
POLE TO BE RELOCATED.
COORDINATE WITH PSE&G
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING CONCRETE
CURB & SIDEWALK TO
BE REMOVED
EXISTING CURB &
SIDEWALK ALONG
TO BE REMOVED
EXISTING CH. LK.
FENCE TO BE REMOVED
EXISTING CH. LK.
FENCE TO BE REMOVED
EXISTING CH. LK.
FENCE TO BE REMOVED
EXISTING CH. LK.
FENCE TO BE REMOVED
EXISTING CH. LK.
FENCE TO BE REMOVED
EXISTING OIL TANK
TO BE REMOVED
EXISTING OVERHEAD WIRES
TO BE RELOCATED.
COORDINATE WITH PSE&G
WORK TO BE PERFORMED:
1.
CONTRACTOR IS TO DESCRIBE DEMOLITION REMOVAL PROCEDURES AND SCHEDULE OF
WORK.
2.
CONTRACTOR IS TO CONTACT ARCHITECT/ ENGINEER BEFORE REMOVAL OF ANY WALL IN
WHICH CONTRACTOR IS UNSURE OF.
3.
PROTECT EXISTING MATERIALS AND THOSE ITEMS WHICH ARE NOT TO BE DEMOLISHED.
4.
EXISTING 1 STORY POST OFFICE IN BLOCK 42 ON EIGHTH STREET TO BE DEMOLISHED.
5.
EXISTING CONCRETE SIDEWALKS AND CURBS LOCATED IN BLOCK 42 AND EXISTING ASPHALT
PAVING LOCATED IN BLOCK 42 IS TO BE DEMOLISHED.
6.
ALL PARKING METERS LOCATED IN BLOCK 42 IS TO BE REMOVED & RELOCATED DURING
DEMOLITION AND CONSTRUCTION.
7.
DISCONNECT, REMOVE OR CAP AND IDENTIFY DESIGNATED UTILITIES WITHIN DEMOLITION
AREAS.
8.
ERECT AND MAINTAIN WEATHERPROOF CLOSURES FOR EXTERIOR OPENINGS IF
REPLACEMENT WILL NOT BE INSTALLED SIMULTANEOUSLY WITH THE REMOVAL OF EXISTING
WORK.
DEMOLITION NOTES:
1) CONFORM TO APPLICABLE CODE FOR DEMOLITION WORK, DUST CONTROL AND PRODUCTS
REQUIRING ELECTRICAL DISCONNECTION.
2) OBTAIN REQUIRED PERMITS FROM AUTHORITIES AND DISPOSE OF ALL MATERIALS IN
ACCORDANCE WITH ALL APPLICABLE REGULATIONS OF PUBLIC AGENCIES HAVING JURISDICTION.
3) THE CONTRACTOR IS RESPONSIBLE FOR THE METHODS. MEANS AND DESTINATION OF ALL
OFF-SITE DISPOSAL.
4) DO NOT CLOSE OR OBSTRUCT EGRESS WIDTH TO ANY BUILDING OR SITE EXIT.
5) PROVIDE, ERECT AND MAINTAIN TEMPORARY BARRIERS AND SECURITY DEVICES.
6) PREVENT MOVEMENT OR SETTLEMENT OF ADJACENT STRUCTURES. PROVIDE BRACING AND
SHORING.
7) MARK LOCATION AND TERMINATION OF UTILITIES.
8) NOTIFY AFFECTED UTILITY COMPANIES
9) CONDUCT DEMOLITION TO MINIMIZE INTERFERENCE WITH ADJACENT STRUCTURES.
10) CEASE OPERATIONS IMMEDIATELY IF ADJACENT STRUCTURES APPEAR TO BE IN DANGER.
NOTIFY AUTHORITY HAVNG JURISDICTION AND ARCHITECT/ ENGINEER.
DO NOT RESUME OPERATIONS UNTIL DIRECTED.
11) OBTAIN WRITTEN PERMISSION FROM ADJACENT PROPERTY OWNERS WHEN DEMOLITION
EQUIPMENT WILL TRAVERSE, INFRINGE UPON OR LIMIT ACCESS TO THEIR PROPERTY.
12) SPRINKLE WORK WITH WATER TO MINIMIZE DUST. PROVIDE HOSES AND WATER CONNECTIONS
FOR THIS PURPOSE.
13) DO NOT BURN OR BURY MATERIALS ON SITE. LEAVE SITE IN CLEAN CONDITION.
14) ALL MATERIAL POTENTIALLY CONTAINING LEAD IS TO BE TESTED AND DISPOSED OF
ACCORDING TO FEDERAL, STATE AND LOCAL REGULATIONS. WORK TO BE OVERSEEN BY AN
ENVIRONMENTAL ENGINEERING CONSULTANT.
15) ANY UNDERGROUND STORAGE TANKS MUST BE DISPOSED OF ACCORDING TO FEDERAL, STATE
AND LOCAL REGULATIONS. WORK TO BE OVERSEEN BY AN ENVIRONMENTAL ENGINEERING
CONSULTANT.
PM
5'
10'
25'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.10
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.10
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
DEMOLITION
SITE PLAN
1
1" = 20'
DEMOLITION SITE PLAN
PM
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
PM
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
1400 SF
750 SF
X'-X" X X'-X"
23'-10" X 17'-4"
UP
X'-X" X X'-X"
PARKING &
OFFICE ENTRY
GARAGE
ENTRANCE
NEW CURB AND SIDEWALK
SHALL BE EXTENDED TO THE
NEXT EXPANSION JOINT
BEYOND THE SIDE PROPERTY
LINES
NEW CURB AND SIDEWALK SHALL BE
EXTENDED TO THE NEXT EXPANSION
JOINT BEYOND THE SIDE PROPERTY
LINES
EXISTING PARKING
METER TO REMAIN
NEW R1-1 (STOP) SIGN
EXISTING STREET
TREE & TREE PIT
TO REMAIN
POST OFFICE
ENTRY
NEW CONCRETE
CURB & SIDEWALK
NEW CONCRETE
CURB & SIDEWALK
NEW R3-2 (NO RIGHT TURN) SIGN
NEW CHAIN LINK FENCE
ON THE PROPERTY
LINE(4' MAX. HEIGHT)
RELOCATED PARKING
METERS (TYP.)
EXISTING UTILITY &
LIGHT POLE TO
REMAIN
EXISTING FIRE
HYDRANT TO
REMAIN
NEW R7-8 TOP (HANDICAP PARKING) SIGN
NEW R7-8P BOTTOM (PENALTY) SIGN
RETAIL
LOWER LEVEL PARKING
63 PARKING (PUBLIC SPACES)
02 PARKING (POST OFFICE)
GAS UTILITY
ROOM
PROPOSED 4-STORY
100-UNIT RESIDENTIAL
BLDG
ST. NO. 720
LOT 9
BLOCK 42
29,532.08 SF
(0.678 ACRES)
NEW (MAX. 9' HEIGHT) SIGN
NEW (MAX. 7.5' HEIGHT)
SIGN
NEW CONCRETE
APRON & DRIVEWAY
EXISTING MAILBOXES
TO BE RELOCATED
NEW CHAIN LINK FENCE
ON THE PROPERTY LINE
(4' MAX HEIGHT)
NEW CHAIN LINK FENCE
ON THE PROPERTY LINE
(4' MAX HEIGHT)
NEW CHAIN LINK
GATE(4' MAX HEIGHT)
POST OFFICE VEHICLE ONLY
SIGNAGE
NO PARKING ACCESS
1.
SURVEY INFORMATION HAS BEEN TAKEN FROM SURVEY PREPARED BY GEORGE R. PRONESTI, NJ P.L.S.
LIC. NO. 16202, PRONESTI SURVEYING, INC. ON APRIL 17, 2018.
2.
ALL STREET CURBING AND SIDEWALKS SHALL BE REPLACED BY THE DEVELOPER AND SHALL COMPLY
WITH THE REQUIREMENTS OF THE UNION CITY ENGINEERING STANDARDS.
3.
THE APPLICANT/DEVELOPER MUST COMPLY WITH ALL DIRECTIVES FROM THE UNION CITY MUNICIPAL
UTILITIES AUTHORITY. THE DEVELOPER/APPLICANT MUST CONTACT THE MUNICIPALITY FOR DETAILED
INFORMATION AND REQUIREMENTS REGARDING THE EXISTING/PROPOSED SEWER/WATER CONNECTIONS
PRIOR TO THE ISSUANCE OF ANY CONSTRUCTION PERMITS.
4.
A SOIL EROSION AND SEDIMENT CONTROL PERMIT MUST BE OBTAINED FROM THE HUDSON, ESSEX,
PASSAIC SOIL CONSERVATION DISTRICT PRIOR TO THE COMMENCEMENT OF ANY WORK AT THE SITE.
5. BUILDING ADDRESSES SHALL BE DISPLAYED SO AS TO BE IN CONFORMANCE WITH THE CITY'S 911
LOCATABLE ADDRESS ORDINANCE. THE DEVELOPER MUST OBTAIN THE CORRECT STREET ADDRESSES
FROM THE CITY SURVEYOR.
6.
THE RECYCLING BINS (MATERIALS: CARDBOARD/ PAPER/ PLASTIC, GLASS & CAN) FOR TENANT UNITS
SHALL BE LOCATED ON EACH FLOOR IN THE BUILDING.
7.
ALL DEMOLITION MATERIAL AND DEBRIS AND ALL ITEMS REMOVED FROM THE PROPERTY AND THE
PUBLIC AREAS ADJACENT, SHALL BE DISPOSED OUTSIDE THE CITY LIMITS OF UNION CITY IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE CITY'S ENVIRONMENTAL COMMISSION AND IN
ACCORDANCE WITH THE REGULATIONS AND LAWS OF THE NJDEP.
8.
THE DEVELOPER SHALL NOTIFY THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF ENGINEERING, IN
WRITING AT LEAST 72 HOURS PRIOR TO COMMENCEMENT OF CONSTRUCTION WORK.
9.
TOWARD THE END OF CONSTRUCTION, UNION CITY DIVISION OF ENGINEERING RESERVES THE RIGHT
TO INSPECT THE SITE AND IMPOSE ADDITIONAL IMPROVEMENTS TO ANY DAMAGED AREAS WITHIN THE
CITY RIGHT OF WAY. ALL IMPROVEMENTS MUST COMPLY WITH THE REQUIREMENTS OF CITY OF UNION
CITY, DIVISION OF ENGINEERING CONSTRUCTION GUIDELINE.
10. UPON COMPLETION OF CONSTRUCTION PLEASE PROVIDE THIS OFFICE AN AS-BUILT PLAN SHOWING
ALL THE NEW IMPROVEMENTS AND ANY ALTERATIONS TO THE EXISTING CONDITIONS FOR THE PROJECT.
11. ALL STRIPING AND SIGNAGE IN PARKING AREA SHALL BE IN ACCORDANCE WITH THE LATEST EDITION
OF THE MANUAL OF UNIFORM TRAFFIC AND CONTROL DEVICES.
12. CONTRACTOR TO COORDINATE UTILITY CONNECTIONS AND LOCATIONS WITH LOCAL UTILITY
COMPANIES.
13. ALL CURB CUTS SHOWN ARE EXISTING AND ARE TO BE RECONSTRUCTED AND ENLARGED.
SITE PLAN NOTES
PM
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
PM
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
PM
PM
PM
PM
73.50'
1272 SF
1275 SF
16'-0" X 22'-0"
X'-X" X X'-X"
24'-0" X 17'-4"
X'-X" X X'-X"
DN
UP
DN
UP
10TH STREET
GARAGE ENTRANCE
RESIDENTIAL PARKING ENTRANCE
(ROLL UP GATE )
NEW CONCRETE
CURB & SIDEWALK
NEW CURB AND SIDEWALK
SHALL BE EXTENDED TO THE
NEXT EXPANSION JOINT
BEYOND THE SIDE PROPERTY
LINES
NEW DEPRESSED
CONCRETE CURB
NEW CONCRETE
CURB & SIDEWALK
TRASH ROOM
TRANSFORMER
ROOM
ELECTRIC ROOM
PROPOSED 4-STORY
100-UNIT MIXED-USE
BLDG
ST. NO. 720
LOT 9
BLOCK 42
29,532.08 SF
(0.678 ACRES)
56 PARKING SPOTS
(RESIDENTIAL PARKING)
UPPER LEVEL PARKING
07 PARKING SPOTS
(PUBLIC SPACES)
PARKING &
OFFICE ENTRY
NEW CONCRETE
WALKWAY
OFFICE SPACE
OFFICE SPACE
NEW CURB AND SIDEWALK SHALL BE
EXTENDED TO THE NEXT EXPANSION
JOINT BEYOND THE SIDE PROPERTY
LINES
NEW R1-1 (STOP) SIGN
NEW R3-2 (NO RIGHT TURN) SIGN
NEW R7-8 TOP (HANDICAP PARKING) SIGN
NEW R7-8P BOTTOM (PENALTY) SIGN
EXISTING STREET
TREE & TREE PIT
TO REMAIN
NEW CONCRETE
APRON & DRIVEWAY
NEW (MAX. 9' HEIGHT) SIGN
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
PM
E
W
G
TDC
BDC
TC
BC
G
5'
10'
25'
5'
10'
25'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.20
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.20
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
EIGHTH STREET-DIMENSIONAL
SITE PLAN
1
1" = 20'
DIMENSIONAL SITE PLAN
SCALE:
10TH STREET-DIMENSIONAL
SITE PLAN
2
1" = 20'
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
P.O.B.
UP
NEW 30"Ø, 150' L. SOLID HDPE PIPE
NO.
OUT1
RIM:
176.90
INVERT (IN):
169.49
INVERT (OUT):
167.99
PROP. STORMWATER OUTLET
W
G
NEW GAS LINE SIZE
AND LOCATION TO
BE DETERMINED BY
UTILITY PROVIDER
TRANSFORMER
ROOM ABOVE
6" D.I.P. FIRE PROTECTION
WATER SERVICE
LINE.UTILITIES TO ENTER
BUILDING IN BASEMENT
UTILITY ROOM
TC
176.37
BC
175.87
TDC
176.45
BDC
176.32
NEW 10"Ø, 29' L. SDR-35 STORM
SEWER @ 3% MIN. (MANHOLE
INVERT ELEVATION IS ASSUMED
AND MUST BE FIELD VERIFIED)
EXISTING GAS LINE
TO BE RE-USED
FOR THE POST
OFFICE
TC
177.27
BC
176.77
NEW 6"Ø PVC SCH. 80
OR SDR 35 SANITARY
SEWER @ 2% MIN.
FF
179.84
NEW 30"Ø, 150' L. SOLID HDPE PIPE
NEW 30"Ø, 150' L. SOLID HDPE PIPE
NEW 30"Ø, 5' L.
SOLID HDPE PIPE
LOWER LEVEL PARKING
W
FF
176.90
FF
179.84
4" D.I.P. DOMESTIC
WATER SERVICE LINE.
G
176.90
FF = 177.22
G
177.2
FF = 176.92
G
177.38
FF = 179.86
G
176.41
177
178
179
G
176.82
NEW 6" SDR-35 STORM
SEWER PIPE (TYP.)
2'X2' YARD DRAIN
FF = 176.92
FF = 179.86
NEW ELECTRICAL
HANDHOLE
E
E
NEW ELECTRICAL
HANDHOLE
NO.
OUT2
RIM:
176.56
INVERT (IN):
166.03
INVERT (IN):
167.99
INVERT (OUT):
166.16
EXISTING MANHOLE
EXISTING SEWER LINE
TO BE RE-USED FOR
THE POST OFFICE
TC
176.92
BC
176.42
TC
176.64
BC
176.14
FF
176.90
NEW UNDERGROUND
ELECTRIC LINE
EXISTING WATER LINE
TO BE RE-USED FOR
THE POST OFFICE
SLOPE START LINE (MAINTAIN
1% MAX SLOPE)
FF
176.90
FF
179.84
FF
176.90
SLOPE END LINE
GENERAL UTILITY PLAN NOTES:
1.
BUILDING IS TO HAVE SEPARATE WATER, SEWER, GAS AND ELECTRICAL SERVICE CONNECTIONS.
2.
EXISTING WATER SERVICES MUST BE TERMINATED PER DEPARTMENT GUIDELINES. THE WATER SERVICE SHALL BE
DISCONNECTED AT THE MAIN. THE CONTRACTOR SHALL CONTACT THE DEPARTMENT OF WATER & SEWER UTILITIES
TO OBTAIN A PERMIT AND ARRANGE FOR THE INSPECTION OF THE ACTUAL DISCONTINUANCE OF THE WATER
SERVICES. ALL WATER SERVICE CONNECTIONS AND METER ARRANGEMENTS SHALL COMPLY WITH THE
REQUIREMENTS OF THE UNION CITY DIVISION OF WATER AND SEWER ENGINEERING STANDARDS. THE CONTRACTOR
SHALL BE RESPONSIBLE FOR OBTAINING ALL NECESSARY TAPPING AND STREET OPENING PERMITS FROM THE
TRAFFIC ENGINEERING DIVISION FOR THE WORK.
3.
EXISTING SEWER SERVICES MUST BE TERMINATED PER DEPARTMENT GUIDELINES. THE SEWER SERVICE SHALL BE
DISCONNECTED AT THE CURB. THE CONTRACTOR SHALL CONTACT THE DEPARTMENT OF WATER & SEWER UTILITIES
TO OBTAIN A PERMIT AND ARRANGE FOR THE INSPECTION OF THE ACTUAL DISCONTINUANCE OF THE SEWER
SERVICES. A STREET OPENING PERMIT SHALL ALSO BE OBTAINED FROM THE TRAFFIC ENGINEERING DIVISION.
4.
THE CITY OF UNION CITY SUPPLIES, OWNS AND MAINTAINS ALL DOMESTIC WATER METERS.
5.
THE OWNER/CONTRACTOR MUST PURCHASE THE DETECTOR CHECK FIRE METER FROM THE CITY UPON PAYMENT OF
THE CONNECTION FEES. THE DETECTOR CHECK BELONGS TO AND IS TO BE MAINTAINED BY THE OWNER.
6.
THE OWNER/CONTRACTOR INSTALLS BOTH THE DOMESTIC WATER AND FIRE LINE METERS.
7.
COORDINATE GAS AND ELECTRICAL SERVICES WITH PSE&G MARKETING REPRESENTATIVE.
8.
GAS AND ELECTRIC METERS ARE TO BE LOCATED AT METER ROOMS, WHERE INDICATED ON THE DRAWINGS.
9.
PROVIDE NEW PVC/SDR-35 SANITARY SEWER LATERAL CONNECTIONS TO SEWERS AS SHOWN ON THE DRAWINGS.
COORDINATE STREET OPENINGS, LATERAL CONNECTION LOCATIONS AND METHOD OF CONNECTING TO EXISTING
SEWER WITH LOCAL SEWER DEPARTMENT REPRESENTATIVES.
10.
PROVIDE CLEANOUTS WITH FLUSH ACCESSIBLE COVERS AT GRADE FOR ALL CHANGES IN DIRECTION OF SEWER
LATERALS.
11.
CONTRACTOR IS RESPONSIBLE FOR APPLYING FOR AND OBTAINING ALL SERVICE CONNECTIONS PERMITS AND
APPROVALS, AND ALL STREET OPENING PERMITS.
12.
SEWER LATERAL PIPING IS TO BE SCH.80 PVC OR SDR-35 PIPE WITH R.O.W. AND STANDARD WEIGHT CAST IRON
PIPING IN THE CITY R.O.W. PROVIDE FERNCO TRANSITION COUPLINGS BETWEEN MATERIALS.
13.
THE DEVELOPER IS RESPONSIBLE FROM TAP AT MAIN TO BUILDING.
14.
CONTRACTOR IS RESPONSIBLE FOR ANY AND ALL TEMPORARY SHORING/STABILIZATION AND DE-WATERING AS
REQUIRED FOR EXCAVATION; THIS INCLUDES THE TEMPORARY SHORING/STABLIZATION OF ADJACENT EXISTING
STRUCTURES, GRADE, AND PARKING LOTS.
15.
ALL PAVEMENT AREAS DISTURBED BY UTILITY INSTALLATION WILL BE RESTORED BY THE CONTRACTOR.
A. (91) 1-BEDROOM UNITS @ 150 GPD = 13,650 GPD
B. (4) 2-BEDROOM UNITS @ 225 GPD = 900 GPD
C. (5) STUDIO UNITS @ 300 GPD = 1,500 GPD
D. RETAIL SPACE (750 SF) @ 0.1 GPD/SF = 75 GPD
E. OFFICE SPACE (2550 SF) @ 0.1 GPD/SF = 255 GPD
= 16,380 GPD
SANITARY SEWER CALCULATION (GPD)
TOTAL BUILDING DFU'S
101 BATHROOM GROUPS @ 3 DFU'S EACH =
300 DFU'S
100 KITCHEN GROUPS @ 3 DFU'S EACH =
300 DFU'S
12 CLOTHES WASHERS @ 3 DFU'S EACH =
240 DFU'S
1 JANITOR'S SINK @ 3 DFU'S EACH =
3 DFU'S
843 DFU'S TOTAL (421.5 GPM'S)
WATER SUPPLY CALC. (WSFU'S)
105 BATHROOM GROUPS @ 3.5 WSFU'S EACH = 350.0 WSFU'S
101 KITCHEN GROUPS @ 1.5 WSFU'S EACH = 150.0 WSFU'S
12 CLOTHES WASHERS @ 2.5 WSFU'S EACH = 30.0 WSFU'S
1 JANITOR'S SINKS @ 3 WSFU'S EACH = 3.0 WSFU'S
1 HOSE BIBBS @ 2.5 WSFU'S = 2.5 WSFU'S
3 ADDITIONAL HOSE BIBBS @ 1.0 WSFU'S =
3.0 WSFU'S
538.5 WSFU'S TOTAL (132.2 GPM'S)
1.
THE CONTRACTOR IS RESPONSIBLE FOR THE STABILIZATION OF THE EXISTING SEWER MAIN, STRUCTURES AND
APPURTENANCES DURING CONNECTION.
2.
NORTH HUDSON SEWERAGE AUTHORITY SHALL BE NOTIFIED AT LEAST 72 HOURS PRIOR TO CONNECTION TO THE
SEWER MAIN
SEWER CONNECTION NOTES:
STUDIO (5) @ 120 GPD'S EACH = 600.0 GPD'S
1 BEDROOM (91) @ 120 GPD'S EACH = 10920 GPD'S
2 BEDROOM (4) @ 270 GPD'S EACH = 1080 GPD'S
RETAIL SPACE (750 SF) @ 0.1 GPD/SF = 75 GPD'S
OFFICE SPACE (2550 SF) @ 0.1 GPD/SF = 255 GPD'S
12930 GPD'S TOTAL
WATER DEMAND CALC. (GPD'S)
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
130.47'
140.87'
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
P.O.B.
73.50'
DN
UP
DN
UP
E
NEW ELECTRICAL
HANDHOLE
TRANSFORMER
ROOM
TC
190.27
BC
189.77
TC
187.92
BC
187.42
E
TDC
188.91
BDC
188.89
FF
189.34
FF
190.34
FF
189.34
ELECTRIC UTILITY
ROOM
G
190.32
G
187.97
G
189.34
FF = 189.34
FF = 189.34
TC
189.52
BC
189.02
TC
189.16
BC
188.66
FF = 189.36
FF = 189.34
FF = 189.34
FF
189.34
FF
189.34
G
189.51
FF
189.53
G
188.39
TC
189.36
BC
188.86
FF = 189.34
FF = 189.34
FF
189.34
TC
188.24
BC
187.74
FF = 188.41
UPPER LEVEL PARKING
G
189.12
ENTIRE UPPER PARKING LEVEL
ELEVATION = 189.34' (U.O.N)
FLOOR SLOPES FROM 189.36' TO
188.41' WITH A MAX SLOPE OF 2%
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
PM
E
W
G
TDC
BDC
TC
BC
G
5'
10'
25'
5'
10'
25'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.30
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.30
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
GRADING, DRAINAGE
& UTILITY SITE PLAN
1
1" = 20'
GRADING, DRAINAGE
& UTILITY SITE PLAN
SCALE:
GRADING, DRAINAGE
& UTILITY SITE PLAN
2
1" = 20'
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
SUMMIT AVENUE
(60.00' R.O.W.)
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
S 28°13'17" W
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
STREET CURB
STREET CURB
PARKING SPACE LINES (TYP)
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
FILTER FABRIC
FENCE (TYP.)
CONSTRUCTION
ENTRANCE
PERIMETER SILT
FENCE 20' GATE
LIMIT OF
DISTURBANCE
LIMIT OF
DISTURBANCE
UTILITY
TRENCH
UTILITY
TRENCH
UTILITY
TRENCH
FILTER FABRIC
FENCE (TYP.)
FILTER FABRIC
FENCE (TYP.)
TEMPORARY CONSTRUCTION
FENCE AT WALKWAY
UTILITY
TRENCH
STONE BED
20'X50'X12"
THICK
TOTAL LOT AREA:
31561 SF = 0.725 ACRES
TOTAL AREA OF DISTURBANCE:
29532SF = 0.678 ACRES
ALL EXISTING STREET
TREES & TREE PITS TO
BE PROTECTED
ALL EXISTING STREET
TREES & TREE PITS TO
BE PROTECTED
5. WEEKS 27-55 FRAMING AND INTERIOR WORK IN BUILDINGS.
SEQUENCE OF CONSTRUCTION
3. WEEKS 7-23 FOUNDATION EXCAVATION, SSITE CLEANUP & SOIL REMOVAL,STOCKPILING OF TOPSOIL & BACKFILL
1. WEEK 1 INSTALL PERIMETER & SILT. INSTALL TEMPORARY CONSTRUCTION ENTRANCE WHEEL CLEANING BEDS.
4 WEEKS 24-26 EXCAVATION & INSTALLATION OF STORM WATER PIPING AND DRAINAGE STRUCTURES
2. WEEKS 2-6 DEMOLITION OF EXISTING BUILDING AND PARKING AREA
SOIL EROSION AND SEDIMENT CONTROL NOTES (HEPSCD - REV.
2017)
1.
ALL SOIL EROSION AND SEDIMENT CONTROL PRACTICES ON THIS PLAN WILL BE CONSTRUCTED IN ACCORDANCE WITH THE “NEW
JERSEY STANDARDS FOR SOIL EROSION AND SEDIMENT CONTROL” 7TH EDITION LAST REVISED DECEMBER 2017. THESE
MEASURES WILL BE INSTALLED PRIOR TO ANY MAJOR SOIL DISTURBANCE OR IN THEIR PROPER SEQUENCE AND MAINTAINED UNTIL
PERMANENT PROTECTION IS ESTABLISHED.
2.
ALL SOIL TO BE EXPOSED OR STOCKPILED FOR A PERIOD OF GREATER THAN 14 DAYS, AND NOT UNDER ACTIVE CONSTRUCTION,
WILL BE TEMPORARILY SEEDED AND HAY MULCHED OR OTHERWISE PROVIDED WITH VEGETATIVE COVER. THIS TEMPORARY COVER
SHALL BE MAINTAINED UNTIL SUCH TIME WHEREBY PERMANENT RESTABILIZATION IS ESTABLISHED.
3.
SEEDING DATES: THE FOLLOWING SEEDING DATES ARE RECOMMENDED TO BEST ESTABLISH PERMANENT VEGETATIVE COVER
WITHIN MOST LOCATIONS IN THE HEPSCD: SPRING - 3/1-5/15 AND FALL - 8/15 - 10/1
4.
SEDIMENT FENCES ARE TO BE PROPERLY TRENCHED AND MAINTAINED UNTIL PERMANENT VEGETATIVE COVER IS ESTABLISHED
5.
ALL STORM DRAINAGE INLETS SHALL BE PROTECTED BY ONE OF THE PRACTICES ACCEPTED IN THE STANDARDS, AND PROTECTION
SHALL REMAIN UNTIL PERMANENT STABILIZATION HAS BEEN ESTABLISHED. STORM DRAINAGE OUTLET POINTS SHALL BE
PROTECTED AS REQUIRED BEFORE THEY BECOME FUNCTIONAL.
6.
MULCH MATERIALS SHALL BE UN-ROTTED SMALL GRAIN STRAW APPLIED AT THE RATE OF 70 TO 90 POUNDS PER 1,000 SQUARE
FEET AND ANCHORED WITH A MULCH ANCHORING TOOL, LIQUID MULCH BINDERS, OR NETTING TIE DOWN. OTHER SUITABLE
MATERIALS MAY BE USED IF APPROVED BY THE SOIL CONSERVATION DISTRICT.
7.
ALL EROSION CONTROL DEVICES SHALL BE PERIODICALLY INSPECTED, MAINTAINED AND CORRECTED BY THE CONTRACTOR. ANY
DAMAGE INCURRED BY EROSION SHALL BE RECTIFIED IMMEDIATELY.
8.
THE HUDSON-ESSEX-PASSAIC SOIL CONSERVATION DISTRICT WILL BE NOTIFIED IN WRITING AT LEAST 48 HOURS PRIOR TO ANY
SOIL DISTURBING ACTIVITIES. FAX - (862) 333-4507 OR EMAIL - INFORMATION@HEPSCD.ORG
9.
THE APPLICANT MUST OBTAIN A DISTRICT ISSUED REPORT-OF-COMPLIANCE PRIOR TO APPLYING FOR THE CERTIFICATE OF
OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY FROM THE RESPECTIVE MUNICIPALITY, NJ - DCA OR ANY OTHER
CONTROLLING AGENCY. CONTACT THE DISTRICT AT 862-333-4505 TO REQUEST A FINAL INSPECTION, GIVING ADVANCED NOTICE
UPON COMPLETION OF THE RESTABILIZATION MEASURES. A PERFORMANCE DEPOSIT MAY BE POSTED WITH THE DISTRICT WHEN
WINTER WEATHER OR SNOW COVER PROHIBITS THE PROPER APPLICATION OF SEED, MULCH, FERTILIZER OR HYDRO-SEED.
10. PAVED ROADWAYS MUST BE KEPT CLEAN AT ALL TIMES. DO NOT UTILIZE A FIRE OR GARDEN HOSE TO CLEAN ROADS UNLESS THE
RUNOFF IS DIRECTED TO A PROPERLY DESIGNED AND FUNCTIONING SEDIMENT BASIN. WATER PUMPED OUT OF THE EXCAVATED
AREAS CONTAINS SEDIMENTS THAT MUST BE REMOVED PRIOR TO DISCHARGING TO RECEIVING BODIES OF WATER USING
REMOVABLE PUMPING STATIONS, SUMP PITS, PORTABLE SEDIMENTATION TANKS AND/OR SILT CONTROL BAGS.
11. ALL SURFACES HAVING LAWN OR LANDSCAPING AS FINAL COVER ARE TO BE PROVIDED TOPSOIL PRIOR TO RE-SEEDING, SODDING
OR PLANTING. A DEPTH OF 5 INCHES (UNSETTLED) IS REQUIRED, AS PER THE STANDARDS FOR TOPSOILING AND LAND GRADING,
LAST REVISED DECEMBER 2017.
12. ALL PLAN REVISIONS MUST BE SUBMITTED TO THE DISTRICT FOR PROPER REVIEW AND APPROVAL.
13. A CRUSHED STONE WHEEL CLEANING TRACKING-PAD IS TO BE INSTALLED AT ALL SITE EXITS USING 2 ½ -1”CRUSHED ANGULAR
STONE (ASTM 2 OR 3) TO A MINIMUM LENGTH OF 50 FEET AND MINIMUM DEPTH OF 6”. ALL DRIVEWAYS MUST BE PROVIDED WITH
CRUSHED STONE UNTIL PAVING IS COMPLETE.
14. STEEP SLOPES INCURRING DISTURBANCE MAY REQUIRE ADDITIONAL STABILIZATION MEASURES. THESE “SPECIAL” MEASURES
SHALL BE DESIGNED BY THE APPLICANT'S ENGINEER AND BE APPROVED BY THE SOIL CONSERVATION DISTRICT.
15. THE HUDSON-ESSEX-PASSAIC SOIL CONSERVATION DISTRICT SHALL BE NOTIFIED, IN WRITING, FOR THE SALE OF ANY PORTION OF
THE PROJECT OR FOR THE SALE OF INDIVIDUAL LOTS. NEW OWNERS' INFORMATION SHALL BE PROVIDED. ADDITIONAL MEASURES
DEEMED NECESSARY BY DISTRICT OFFICIALS SHALL BE IMPLEMENTED AS CONDITIONS WARRANT.
SEEDING NOTES:
A. TEMPORARY SEEDING AND MULCHING:
LIME - 90 LBS./ 1,000 SF GROUND LIMESTONE; FERTILIZER-14 LBS./ 1,000 SF;
10-20-10 OR EQUIVALENT WORKED INTO SOIL A MINIMUM OF 4" SEED-PERENNIAL
RYEGRASS 40 LBS./ACRE OR OTHER APPROVED SEEDS; MULCH-SALT HAY OR SMALL
GRAIN STRAW AT A RATE OF 70 TO 90 LBS./1,000 SF, TO BE APPLIED ACCORDING
TO THE NJ STANDARDS. MULCH SHALL BE SECURED BY APPROVED METHODS
(I.E. PEG AND TWINE,MULCH NETTING, OR LIQUID MULCH BINDING).
B. PERMANENT SEEDING AND MULCHING:
TOPSOIL-UNIFORM APPLICATION TO A DEPTH OF 4"(UNSETTLED LIME-90 LBS./1,000 SF. GROUND
FERTILIZER - 11 LBS./1,000 SF; 10-20-10 OR WORKED INTO SOIL A MINIMUM 4". SEED - FESQUE
(BLEND OF 3 CULTIVARS) 150 LBS./ACRE (3.5LBS/1,000SF) OR OTHER APPROVED SEEDS.
MULCH-SALT HAY OR SMALL GRAIN STRAW AT A RATE OF 70 TO 90 LBS./ 1,000 SF, TO BE APPLIED
ACCORDING TO THE NJ STANDARDS. MULCH SHALL BE SECURED BY APPROVED METHODS
(I.E. PEG AND TWINE, MULCH NETTING, OR LIQUID MULCH BINDING).GRASS AREA- AREAS
DESIGNATED AS GRASS, OR DISTURBED AREAS NOT DESIGNATED FOR OTHER PLANTINGS SHALL
BE PERMANENTLY STABILIZED BY SEEDING WITH THE BUFFALO SUPREME SEED MIXTURE AT THE
RATE OF 3 LBS./1,000SF. SOIL PREPARATION, SEEDING, MULCHING AND MAINTENANCE SHALL
BE DONE AS INDICATED IN THE PLANTING NOTES AND THE DETAILS HEREIN.
AND UNDERGROUND UTILITIES. INSTALLATION OF DRAINAGE STRUCTURE FILTERS
6. WEEKS 56-66 SITE PAVING AND LANDSCAPING.
7. WEEK 67 REMOVAL OF SOIL EROSION AND SEDIMENT CONTROL MEASURES AFTER FINAL PAVING AND LANDSCAPING IS COMPLETED.
SECTION
2" X 2" POSTS (TYP)
DIG 6" DEEP TRENCH,
BURY BOTTOM FLAP, AND
TAMP IN PLACE
GRADE
6"
6"
POSTS SET
SLOPE
DOWNSTREAM
ELEVATION
DRAWSTRING RUNNING THROUGH
POSTS SET 8' O.C.
GRADE
FABRIC ALONG TOP OF FENCE
BETWEEN FASTENER AND FABRIC.
FABRIC SECURED TO POST WITH
METAL FASTENERS AND REINF.
2'-0" MIN.
FABRIC MESH
2" X 2" POSTS (TYP)
FILTER FENCE DETAIL
2" MIN.
3'-0"
3'-0"
AREA DRAIN FILTER DETAIL
PROPOSED INLET
2" X 2" POSTS (TYP)
P.T. 2X12's
FILTER FABRIC
N.T.S.
N.T.S.
EXISTING
GROUND
STABILIZED CONSTRUCTION ACCESS AREA
No. 2 ( 2 ½ to 1 ½ in) or 3 ( 2 to 1 in).
PUBLIC RIGHT
OF WAY
6" MIN. STONE
STABILIZED CONSTRUCTION ACCESS AREA DETAIL
**STABILIZED CONSTRUCTION ACCESS AREAS APPLICABLE ONLY WHERE SHOWN ON PLAN. LIMITED SIZE OF URBAN SITES
PROHIBITS VEHICULAR ACCESS ON MOST LOTS.**
GRAVEL FILTER BERM
WIRE MESH W/1/2 OPENINGS SHALL
BE PLACED OVER FRAME & GRATE AND
2" HIGH X 12" WIDE 3/4" CLEAN
12" X 12" OPENING IN FABRIC
EXTEND 6" MIN. @ SIDES.
N.T.S.
INLET FILTER DETAIL
BACKFILL AFTER
SECURE FILTER FABRIC
TO FRAME AND GRATE
INSTALLATION OF
RUNOFF FROM THE 1 YEAR, 24 HOUR STORM EVENT AND SHALL
3. IF BOTTOM OF ROADWAY IS BELOW TOP OF INLET GRATE, CONSTRUCT
PROPERLY FILTERED OPENING(S) IN INLET WALL TO ALLOW PASSAGE OF WATER.
4. THE PROTECTION DEVICE WILL BE DESIGNED TO CAPTURE OR FILTER
SAFELY CONVEY HIGHER FLOWS DIRECTLY INTO THE STORM SEWER SYSTEM.
INLET FILTER
MOULD 6 X 6 ,5/5 GA. 49#/100 SF
FABRIC TO WELDED-WIRE
2X4 SECURED TO GRATE WITH WIRE
1. CONTRACTOR TO CLEAN
2. CONTRACTOR TO REMOVE
SUPPORT.
OR EQUIVALENT FILTER
6"
EXTEND 6" MIN. AT SIDES.
INLET FILTER AFTER
FABRIC AND MESH JUST
PRIOR TO PAVING.
EVERY STORM
AROUND INLET FRAME
AND GRATE. WRAP
WELDED WIRE SUPPORT
FABRIC AND WIRE AROUND THE 2X4
N.T.S.
CLEAN CRUSHED ANGULAR STONE
PM
E
W
G
TDC
BDC
TC
BC
G
5'
10'
25'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.40
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.40
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
SOIL EROSION & SEDIMENT
CONTROL SITE PLAN
1
1" = 20'
SOIL EROSION & SEDIMENT
CONTROL SITE PLAN
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
UP
2.2
2.5
2.2
2.0
2.4
2.7
2.5
2.7
2.4
2.0
2.3
2.4
2.0
2.1
1.7
1.2
2.4
4.3
4.5
3.7
1.6
0.6
1.9
3.9
4.5
4.1
2.3
1.6
3.3
5.7
6.4
6.2
4.4
3.5
3.6
3.4
7.6
11.7
4.8
2.0
1.1
0.7
0.8
1.2
1.5
1.8
2.3
2.9
3.0
3.2
7.8
15.4
8.6
3.3
1.8
16.0
6.7
2.3
0.8
0.5
0.6
1.3
2.8
3.8
5.3
6.8
4.2
3.6
7.8
18.7
11.8
4.4
1.8
15.5
6.2
2.2
0.8
0.5
0.4
0.7
2.8
10.8
17.8
17.0
2.9
3.3
8.0
18.7
11.4
4.3
1.8
10.5
4.3
2.0
1.1
0.6
0.3
6.9
0.4
8.9
9.9
1.5
8.4
2.9
14.5
14.2
8.1
3.1
1.9
1.5
4.6
11.9
11.5
6.1
6.4
2.4
1.8
0.9
6.8
3.5
2.8
1.5
3.3
8.1
13.6
7.2
2.7
2.3
3.7
16.8
16.7
7.4
2.9
1.7
1.1
0.6
0.3
0.5
1.3
2.2
3.3
9.7
18.2
10.2
3.6
2.6
4.0
16.3
17.3
7.9
2.8
1.0
0.5
0.3
0.3
0.6
1.3
2.4
3.6
9.6
18.5
10.7
3.8
1.7
4.5
13.2
13.0
5.9
2.3
1.1
0.6
0.4
0.3
0.4
0.8
1.6
3.2
8.4
15.0
7.9
2.9
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
1
1
1
1
1
1
1
1
0.5
1
1
5
5
5
5
5
5
0.5
0.5
1
1
1
5
5
5
5
1.7
1.7
5.3
5.4
6.1
6.1
2.8
2.9
3.0
3.2
6.2
6.6
5.3
5.4
1.6
1.5
4.0
5.6
3.3
3.6
5.1
3.1
5.1
6.1
3.7
4.5
5.7
4.4
2.8
3.4
2.4
2.8
4.0
2.8
2.9
3.3
2.3
2.4
3.4
2.6
5.7
6.2
3.1
3.8
6.0
4.7
4.4
5.2
2.5
3.1
5.6
3.9
2.3
2.5
2.1
2.2
2.7
2.3
5.2
5.9
2.7
3.1
6.1
4.6
5.6
6.1
2.9
3.3
6.5
4.9
2.6
3.0
2.2
2.3
3.0
2.5
4.1
4.9
2.6
2.8
5.0
3.8
5.9
6.3
3.3
3.8
6.1
5.4
2.8
3.6
4.0
3.8
2.6
3.4
4.9
3.4
5.1
6.2
3.9
2.2
2.5
6.0
6.4
2.9
4.4
6.2
3.5
2.3
3.1
6.1
6.2
2.4
4.3
6.4
4.1
3.2
6.6
6.1
4.4
6.4
4.2
3.3
6.6
5.7
3.6
5.5
3.6
3.0
5.0
4.2
4.7
5.8
4.6
3.5
6.1
5.7
3.1
4.6
3.1
2.6
4.5
3.8
2.5
3.4
2.5
2.3
3.1
2.9
4.3
6.0
4.0
2.9
6.2
5.9
3.7
5.7
3.4
2.5
5.5
5.1
2.2
2.7
2.3
2.1
2.5
2.4
3.8
5.7
3.6
2.5
5.6
5.2
4.1
6.0
3.9
2.7
6.0
5.8
2.4
3.1
2.3
2.0
2.6
2.4
3.2
4.6
3.1
2.0
4.8
6.1
6.2
4.1
3.1
5.2
6.9
6.0
4.1
4.1
5
5
5
5
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-3)
(L-3)
(L-3)
(L-1)
(L-1)
(L-1)
(L-3)
(L-3)
(L-3)
(L-3)
(L-3)
(L-3)
(L-3)
(L-3)
(L-3)
(L-4)
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
DN
UP
DN
UP
1
2.0
2.0
6.1
7.1
7.4
2.5
7.7
9.1
9.1
3.8
6.4
4.4
4.3
4.8
3.4
5.6
7.4
4.1
3.9
7.4
5.9
3.3
4.7
3.0
3.0
3.6
4.6
7.7
3.6
3.5
7.9
5.1
4.2
7.0
3.3
3.1
7.2
4.6
2.0
2.5
2.2
2.2
2.6
2.2
3.7
6.1
3.0
3.0
6.3
3.8
4.8
7.2
3.6
3.6
7.3
4.8
2.3
3.1
2.3
2.3
3.1
2.3
2.6
4.0
2.6
2.5
3.9
2.7
4.6
6.6
4.2
3.9
6.7
5.0
2.8
4.6
2.7
2.6
4.8
3.0
1.5
1.7
1.6
1.6
1.8
1.6
2.1
2.9
2.1
2.1
3.0
2.1
4.6
7.0
3.9
4.1
6.9
4.2
1.0
1.4
3.6
6.1
3.2
3.3
6.1
3.2
1.8
3.4
2.9
2.4
3.6
3.5
3.0
6.7
5.5
2.7
7.0
6.8
2.1
4.7
3.3
2.0
4.1
4.0
1.3
1.5
1.5
1.5
1.6
1.5
1.6
2.4
2.1
1.8
2.3
2.2
2.6
7.1
5.3
2.4
6.9
6.7
2.2
6.1
4.3
2.1
5.5
5.3
1.4
1.4
1.5
1.5
1.0
1.2
1.2
1.1
1.9
1.8
2.3
2.0
2.1
7.0
6.4
2.9
7.0
6.1
1.8
6.1
5.5
2.6
6.1
4.9
1.2
1.6
2.0
2.1
0.7
1.2
3.4
6.0
4.4
6.8
3.2
2.0
2.6
1.6
5
5
5
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
(L-2)
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
SITE LIGHTING FIXTURES
LOCATIONS
WALL MOUNTED AT SIDEWALL LOCATIONS
WALDEN COLLECTION
FIXTURE TYPE
MODEL/ ITEM #/ DIMENS.
MANUFACTURER
LAMP
QTY.
TYPE
FIXTURE
38
WATTS
VOLTS
120
16
12W LED
KEY
L-1
FIXTURE NAME
NAUTILUX LED
PSE&G COBRA HEAD LIGHT
12
L-2
COBRAHEAD
NT802C - L1E12 - 120 - CS
L-3
GARAGE CEILING
RAB LIGHTING
120
79
4.3W LED
GLED52
GLED52W
COLOR: BRONZE
WALL MOUNTED
LED GARAGE LIGHT
EXISTING STREET LIGHTING FIXTURE
FLOOD LIGHT AT THE LOWER PARKING
AMERICAN ELECTRIC LIGHTING
120
49
LED
1
FL - APC0LED
L-4
TENON SLIPFITTER
KKNUCKLE
WALL MOUNTED
PM
E
W
G
TDC
BDC
TC
BC
G
5'
10'
25'
5'
10'
25'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.50
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.50
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
STREET LEVEL & FIRST LEVEL PARKING LIGHTING
SITE PLAN
1
1" = 20'
LIGHTING SITE PLAN
SITE LIGHTS
LIGHTING SPEC: L-2
LIGHTING SPEC: L-3
LIGHTING SPEC: L-1
SCALE:
UPPER LEVEL PARKING LIGHTING
SITE PLAN
2
1" = 20'
LIGHTING SPEC: L-4
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
NO STREET TREE IN THIS ZONE
DUE TO THE NUMBER OF UTILITY
CONGESTION
EXISTING STREET
TREE & TREE PIT.
(TYP.)
NEW GRASS
NEW GRASS
EXISTING STREET
TREE & TREE PIT.
(TYP.)
PLANTING SCHEDULE
COMMON NAME
KEY
BOTANICAL NAME
QT.
TREE
SHRUBS
GROUNDCOVERS
INKBERRY
LLEX GLABRA
26
IG
DARKNIGHT
CARYOPTERIS CLANDONENSIS
CC
12
OG
CHINESE JUNIPER
JUNIPER CHINENSIS 'OLD GOLD'
15
GC
JUNIPERS, GRASSES, PERENNIALS
GROUND COVERING
EXISTING STREET TREE
PLANTING NOTES
1. ALL SHRUBS SHALL HAVE A MINIMUM HEIGHT AND INTITIAL SPREADS OF 24" AND
SHALL BE EITHER BALLED AND BAGGED OR DELIVERED IN 2 GALLON CONTAINERS.
2. THE DEVELOPER SHALL REPLACE ANY PLANTINGS WHICH DO NOT SURVIVE FOR A
PERIOD OF TWO YEARS AFTER INSTALLATION WITH THE SAME OR SIMILAR SPECIES AND
SIZE.
3. ALL SITE AREAS WHICH ARE NOT PAVED OR PLANTED ARE TO RECEIVE SEEDING
AFTER FINAL GRADING.
4. ALL STAKING AND GUY WIRES ATTACHED TO THE TREES WILL BE REMOVED BY THE
DEVELOPER AFTER ONE YEAR FROM INITIAL PLANTING.
5. ALL TREE PITS SHALL HAVE A 3.5' X 4' OPENING IN PAVEMENT, WITH THE TOP LAYER
OF EARTH COVERED WITH SAND AND CONCRETE BRICK PAVERS LEVEL W/ SIDEWALK.
3403.25 SQ.FT.
PM
E
W
G
TDC
BDC
TC
BC
G
5'
10'
25'
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
PM
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
PM
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
ELEVATOR
STAIR
DN
UP
CHUTE
TRASH
DN
UP
STAIR
ELEVATOR
ELEVATOR
ELEVATOR
STAIR
DN
UP
CHUTE
TRASH
DN
UP
STAIR
ELEVATOR
ELEVATOR
IG IG
OG
IG IG
OG
CC
IGIG
OG CC
IG IG
OG
IG IG
OG CC
IG IG
OG CC
IG IG
CC
CC
CCOG
IG IG CCOG
TERRACE LOCATED
ON 3RD FLOOR
TERRACE LOCATED ON
5TH FLOOR
IG IG
OG
CC
OG
CC
IG
IG
OG
OG
CC
IG
IG
OG
OG
CC
IG
IG
OG
IGIG
OG CC
5'
10'
25'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.60
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.60
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
LIGHTING SITE PLAN
SCALE:
LANDSCAPE
SITE PLAN
1
1" = 20'
SCALE:
TERRACE LANDSCAPE
SITE PLAN
1
1" = 20'
PM
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
73.50'
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
PM
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
PM
1400 SF
750 SF
X'-X" X X'-X"
23'-10" X 17'-4"
UP
X'-X" X X'-X"
PARKING &
OFFICE ENTRY
GARAGE
ENTRANCE
NEW R1-1 (STOP) SIGN
NEW R3-2 (NO RIGHT TURN) SIGN
RELOCATED PARKING
METERS (TYP.)
NEW R7-8 TOP (HANDICAP PARKING) SIGN
NEW R7-8P BOTTOM (PENALTY) SIGN
RETAIL
GAS UTILITY
ROOM
LOWER LEVEL PARKING
63 PARKING (PUBLIC SPACES)
02 PARKING (POST OFFICE)
NEW (MAX. 9' HEIGHT) SIGN
NEW (MAX. 7.5' HEIGHT)
SIGN
64 PARKING (PUBLIC SPACES)
02 PARKING (POST OFFICE)
POST OFFICE
POST OFFICE
ELEVATOR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
19
20
21
22
23
24
25
26
27
28
29
30
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
17
POST OFFICE
ENTRY
PUBLIC
PARKING
LOBBY
ONEWAY
ONEWAY
NO PARKING
ACCESS
NEW CONCRETE
APRON & DRIVEWAY
NEW CONCRETE
DEPRESSED
CURB
POST OFFICE VEHICLE ONLY
SIGNAGE
PM
TENTH STREET
(50.00' R.O.W.)
(50.00' R.O.W.)
EIGHTH STREET
N 35°31'58" E
182.98'
7.67'
48.36'
24.96'
N 35°10'41" E
150.07'
S 54°51'43" E
75.00'
196.76'
18.90'
184.78'
N 54°28'02" W
130.47'
140.87'
THREE STORY
FRAME & MASONRY
DWELLING & COMMERCIAL
ONE
STORY
(VINYL SIDED)
FRAME DWELLING
TWO STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
FRAME DWELLING
ONE
STORY
TWO STORY
BRICK BUILDING
(COMMERCIAL)
TWO STORY
BRICK & FRAME BUILDING
(COMMERCIAL)
THREE STORY
FRAME DWELLING
(VINYL SIDED)
MAILBOX
MAILBOX
S 35°31'58" W
N 55°32'35" W
S 54°50'24" E
N 35°10'45" E
S 35°08'45" W
N 55°41'00" W
(FORMERLY SYMS STREET)
PM
P.O.B.
ENCLOSED
ENTRANCE
2.6' (STUCCO)
2.6'
STUCCO
2.9'
2.8'
2.6'
2.7'
0.3'
BUILDINGS MEET
0.3' WEST
0.3' WEST
BUILDING
2.7'
CONCRETE WALL 0.2' WEST
(CH. LK. FENCE ON WALL)
4.1'
4.2'
3.2'
0.7'
0.3'
0.2'
BLDG.
0.1' EAST
BLDG.
ON LINE
0.4' WEST
CH. LK. FENCE
0.3' EAST
CH. LK. FENCE
WALL
ON LINE
3.6'
WALL
7.7' EAST
8.1' EAST
WALL
3.2'
CH. LK. FENCES 0.4' EAST
CH. LK. FENCE
0.8' EAST
WALL 0.3' WEST
CH. LK. FENCE
0.6' EAST
FOUND CAPPED IRON ROD
0N SIDELINE & 0.2'
NORTH OF CORNER
FOUND CROSS-CUT
0.1' NORTH OF R.O.W. LINE
& 0.2' WEST OF SIDELINE
STREET CURB
IRON FENCE
PM
PM
PM
PM
73.50'
1272 SF
1275 SF
16'-0" X 22'-0"
X'-X" X X'-X"
24'-0" X 17'-4"
X'-X" X X'-X"
DN
UP
DN
UP
10TH STREET
GARAGE ENTRANCE
RESIDENTIAL PARKING ENTRANCE
(ROLL UP GATE )
NEW DEPRESSED
CONCRETE CURB
ELECTRIC ROOM
UPPER LEVEL PARKING
07 PARKING SPOTS (PUBLIC PARKING)
56 PARKING SPOTS (RESIDENTIAL PARKING)
PARKING &
OFFICE ENTRY
OFFICE SPACE
OFFICE SPACE
NEW R1-1 (STOP) SIGN
NEW R3-2 (NO RIGHT TURN) SIGN
NEW R7-8 TOP (HANDICAP PARKING) SIGN
NEW R7-8P BOTTOM (PENALTY) SIGN
NEW CONCRETE
APRON & DRIVEWAY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
18
TRANSFORMER
ROOM
RESIDENTIAL
LOBBY
PUBLIC
PARKING
LOBBY
ONEWAY
ONEWAY
NEW (MAX. 9' HEIGHT) SIGN
PARKING &
OFFICE
LOBBY
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
SUMMIT AVENUE
(60.00' R.O.W.)
S 28°13'17" W
PM
E
W
G
TDC
BDC
TC
BC
G
5'
10'
25'
5'
10'
25'
SIGN
TEXT
SIZE
COMMENTS
A
12"X18"
R7-8
B
RESERVED PARKING (PLUS UNIVERSAL
HANDICAP SYMBOL)
PENALTY - $250 1ST OFFENCE -
SUBSEQUENT OFFENCES $250 MIN.
AND / OR UP TO 90 DAYS COMMUNITY
SERVICE / TOW-AWAY ZONE
VAN ACCESSIBLE
C
12"X6"
R7-8A / ALWAYS MOUNTED DIRECTLY BELOW R7-8
10"X12"
R7-8P / ALWAYS MOUNTED DIRECTLY BELOW R7-8 OR R7-8A
D
MAXIMUM CLEARANCE 9'-0"
8'-0"X0'-8"
E
MAXIMUM CLEARANCE 7'-6"
8'-0"X0'-8"
HEADACHE BAR / 8" DIA PVC TUBE HANGING FROM VINYL
COATED GALVANIZED WIRE ROPE
HEADACHE BAR / 8" DIA PVC TUBE HANGING FROM VINYL
COATED GALVANIZED WIRE ROPE
PUBLIC AREA PARKING AREA (ONE
ARROW)
F
6'-0"X1'-6"
PARKING FOR POST OFFICE ONLY
0'-10"X1'-6"
H
PRIVATE PROPERTY/ NO LOITERING
0'-12"X1'-6"
I
STOP
30" OCTOGAN
R1 -1
PUBLIC AREA PARKING AREA (TWO
ARROWS)
G
0'-10"X1'-6"
J
NO RIGHT TURN
R3 -2
K
2'-0"X2'-0"
MAXIMUM CLEARANCE 7'-6"
STOP
PUBLIC
PARKING
AREA
STAIRS TO
PARKING
DECK
HANDICAP
ACCESS TO
PARKING
PARKING
USE
SIDEWALK
PARKING FOR
POST OFFICE
VEHICLES
ONLY
PRIVATE
PROPERTY
NO
LOITERING
PARKING FOR
RESIDENTS
ONLY
TOW AWAY ZONE
PUBLIC
PARKING
AREA
MAXIMUM CLEARANCE 9'-0"
RESERVED
PARKING
VAN
ACCESSIBLE
TOW-AWAY ZONE
COMMUNITY SERVICE
UP TO 90 DAYS
$250 MIN. AND/OR
SUBSEQUENT OFFENSES
$250 1 ST. OFFENSE
PENALTY
A
B
C
D
E
F
G
H
I
J
K
APARTEMNT
1.
2.
1.
1.
1.
1.
STEEL POSTS SHALL BE IN ACCORDANCE WITH THE STANDARD
DETAIL FOR U-POST SIGN SUPPORT.
GENERAL NOTES:
BACKING MATERIAL
SIGN SUPPORTS & CLEARANCE
SIGN FACES
FASTENING
LETTERS AND NUMERALS SHALL CONFORM TO THE CURRENT MANUAL,
"STANDARD ALPHABETS FOR HIGHWAY SIGNS" U.S. DEPARTMENT OF
TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION.
ALL SIGNS SHALL BE SECURELY FASTENED TO THEIR SUPPORTS
WITH BOLTS, NUTS AND WASHERS IN ACCORDANCE WITH
THE SPECIFICATIONS.
DIMENSIONS, COLORS AND DETAILS OF VARIOUS SIZE SIGNS,
AND ACCESSORY PANELS TO FOLLOW STANDARDS IN THE
CURRENT "STANDARD HIGHWAY SIGN PUBLICATION" AND
THE CURRENT "MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES FOR STREETS AND HIGHWAYS".
ALUMINUM SHALL BE FLAT SHEET OF ALLOY 5052-H38 OR
6061-T6 ALLOY, 0.10 GAUGE.
DIMENSIONS, COLORS, AND DETAILS OF VARIOUS SIZE SIGNS, SHIELDS
AND ACCESSORY PANELS TO FOLLOW STANDARDS IN THE CURRENT
"STANDARD HIGHWAY SIGNS PUBLICATION" AND THE CURRENT
"MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS
AND HIGHWAYS".
ALL SIGNS SHALL BE OF THE ENCAPSULATED LENS TYPE.
CLEARANCE FOR SIGNS SHALL BE MOUNTED 7 FT. MINIMUM.
2.
TRAFFIC SIGN DETAIL & NOTES
NOT TO SCALE
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-1.70
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-100.DWG\\\C-1.70
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SCALE:
LOWER LEVEL PARKING TRAFFIC
SITE PLAN
1
1" = 20'
TRAFFIC SITE PLAN
SCALE:
UPPER LEVEL PARKING TRAFFIC
SITE PLAN
2
1" = 20'
NOTES:
2"
4"
4"
BITUMINOUS CONCRETE
BASE COURSE MIX NO. 1
4" GRAVEL SUBBASE
SPECIFICATIONS AND INSPECTIONS
2. ALL CONSTRUCTION METHODS AND MATERIALS
1. SUBBASE SHALL BE FIRM AND APPROVED
REPRESENTATIVE PRIOR TO PAVING.
SUBBASE
MIX I-5
REPRESENTATIVE PRIOR TO PAVING.
1. SUBBASE SHALL BE FIRM AND APPROVED BY THE ENGINEER OR HIS
2. ALL CONSTRUCTION METHODS AND MATERIALS SHALL CONFORM TO
2007 NJ D.O.T. STANDARD, SPECIFICATIONS AND INSPECTIONS
NOTES:
8"
2"
MIX I-2 BASE
MIX I-5
2'
(IF CONC. BASE EXISTS THEN 10" OF
CONC. BASE SHALL BE INSTALLED &
MILLED 2" DEEP BEFORE FINAL PAVING)
TO BE REMOVED
4" GRAVEL SUBBASE
4" BITUMINOUS CONCRETE
BASE COURSE MIX NO. 1
2" MIX I-5
UNDISTURBED SUBGRADE
DENSITY
TO 95% OF MODIFIED PROCTOR
IN MAX. 12" LIFTS- COMPACT
CRUSHED CONCRETE FILL- PLACE
POST & FOOTING
BY THE ENGINEER OR HIS
SHALL CONFORM TO LATEST NJ DOT STANDARD,
1/2" R.
REPRESENTATIVE PRIOR TO POURING.
BY THE ENGINEER OR HIS REPRESENTATIVE.
STANDARDS, SPECIFICATIONS AND INSPECTIONS
FOR ROAD & BRIDGE CONSTRUCTION SECTION 914 CLASS "B" AIR ENTRAINED.
2- EXPANSION JOINTS SHALL BE AT 10-FOOT INTERVALS AND FILLED WITH A
3- ALL CONCRETE WORK SHALL HAVE A WOOD FLOAT AND TRANSVERSE BROOM
HALF INCH THICK, NON-EXTRUDABLE, FIBROUS, BITUMASTIC MATERIAL.
7- PROVIDE 1/2" THICK, NON-EXTRUDABLE, FIBROUS BITUMASTIC MATERIAL WHERE CURB MEETS SIDEWALK.
FINISH. BROOMING SHALL BE DONE BEFORE INITIAL SET USING A STEEL OR BARN BROOM.
6- INADEQUATE WORK MAY BE REJECTED BY THE CITY ENGINEER OR HIS'HER
5- ALL CONSTRUCTION METHODS AND MATERIALS SHALL CONFORM TO COUNTY OF HUDSON
4- 4" SUBBASE OF DENSE GRADED AGGREGATE SHALL BE FIRM AND APPROVED
1- ALL CONCRETE SHALL CONFORM TO 2007 NJ D.O.T. STANDARD SPEC.
GENERAL NOTES:
6"
SECTION THROUGH CURB
1/2" THICK NON-EXTRUDABLE
BITUMASTIC MATERIAL FOR
EXPANSION JOINT
TOP OF PAVEMENT
ELEVATION
1/2" THICK, NON-EXTRUDABLE
FIBROUS BITUMASTIC MATERIAL
FOR EXPANSION JOINT (TYP.)
PLAN VIEW
DEPRESSED CURB
8"x18"
BACKEDGE OF SIDEWALK
SIDEWALK (TYP.)
PLANTING STRIP
NEW 6" THICK
DRIVEWAY
THROUGH
SECTION
5" THICK
DRIVEWAY
SIDEWALK
SIDEWALK (TYP.)
5" THICK
IF REQUIRED
VARIES
3'-0"
3'-0"
CONC. CURB
18"
16"
2"
BOTTOM OF CURB
TOP OF CURB
LANDING AREA
3' MIN. SIDEWALK
1:8 MAX.
SECTION THROUGH DRIVEWAY
1:12 DESIRABLE
VARIABLE DISTANCE
16"
3'-0"
2"
MAX. GRADE 8%
6" AT DRIVEWAYS
1/2" THICK, NON-EXTRUDABLE FIBROUS BITUMASTIC MATERIAL
FOR EXPANSION JOINT (REPEATS EVERY 16' OR20' AS INDICATED)
1- ALL CONCRETE SHALL CONFORM TO 2007 NJ D.O.T. STANDARD SPEC. FOR ROAD &
BRIDGE CONSTRUCTION SECTION 914 CLAS "B" AIR ENTRAINED. ALL CONCRETE
WORK SHALL BE DONE BEFORE INSTALL SET USING A STEEL OR BARN BROOM. ALL JOINTS AND
EDGES SHALL BE TOOLED AND ROUNDED.
2- SUBBASE AND FORMWORK SHALL BE FIRM AND APPROVED BY THE CITY ENGINEER
OR HIS/HER REPRESENTATIVE PRIOR TO POURING.
3- ALL CONSTRUCTION METHODS AND MATERIALS SHALL CONFORM TO 1989 NJ D.O.T. STANDARD SPEC.
4- WHEN SIDEWALK ABUTS CURB OR SIDEWALK, A 1/2" THICK NPN-EXTRUDABLE, FIBROUS
BITUMASTIC EXPANSION JOINST REQUIRED.
5- UNIT PRICES BID SHALL INCLUDE, BUT ARE NO LIMIT TO , ALL LABOR, EQUIPMENT, MATERIALS AND
TOOLS TO PERFORM THE CONSTRUCTION, AS INDICATED ABOVE, IN A WORK ANLIKE MANNER.
6- FOR SCORING PATTERN, SIDEWALK SHALL BE DIVIDED INTO TWO LONGITUDINAL SECTIONS.
COMPACTED SUBBASE
COMPACTED SUBGRADE
99 % MODIFIED PROCTOR DENSITY
BLIND CONSTRATION JOINT 1/2" DEEP
SLOPE 1:48 TO CURB
EXIST. CURB
SEE NOTE 4
OR ANY MULTIPLE THERE OF
5' FOR 10' SIDEWALK
4' FOR 8' SIDEWALK
TYPICAL
PLAN VIEW
5'-0"
5'-0"
5'-0"
5'-0"
5'-0"
5'-0"
WALKWAY
SECTION
5'-0"
5'-0"
VARIES
SEE NOTE 4
5" th.
4" th.
SECTION THROUGH WALKWAY
THROUGH
GENERAL NOTES
FACE OF CURB
1-1/4" R.
NEW 6" CURB
FINISHED GRADE
GUTTER GRADE
SEAL JOINT AS PER
NJDOT SPEC
1'-0"
PAVEMENT REPAIR
1'-0"
INTERFACE
(NJDOT MIX I-5)
HMA SURFACE COURSE
2" - 2-1/2" THICK
MILL INTERFACE AREA
SEAL JOINT AS PER NJDOT SPEC
EXIST. ASPHALT PAVING
HMA STABILIZED BASE COURSE
(NJDOT MIX I-2), 6" THICK
BASE COURSE, NJDOT DENSE GRADE
AGGREGATE, 6" THICK
STABLE & NOT YIELDING SUBGRADE,
COMPACTED TO 95% MODIFIED
(ASTM D-1557)
RESERVED
PARKING
TOW-AWAY ZONE
COMMUNITY SERVICE
UP TO 90 DAYS
$250 MIN. AND/OR
SUBSEQUENT OFFENSES
$250 1 ST. OFFENSE
PENALTY
NOTES:
1. UPPER SIGN SHALL BE R7-8
SIGN; LOWER SIGN SHALL BE
R7-8P SIGN PER MANUAL OF
UNIFORM TRAFFIC CONTROL DEVICES.
2. BOTTOM EDGE OF R7-8 SIGN
SHALL BE MOUNTED APPROXIMATELY
60 INCHES ABOVE LOT SURFACE.
PENALTY
$250 1ST OFFENSE
SUBSEQUENT OFFENSES
$250 MIN. AND/OR UP
TO 90 DAYS
COMMUNITY SERVICE
TOW AWAY ZONE
R 7-8 SIGN
FINISHED GRADE
ALUMINUM SIGN
BOLTED TO POST
(TYP.)
R 7-8P SIGN NJSA
39:4-197.3C
10"
5000 PSI AIR-ENTRAINED
CONCRETE REINFORCED WITH
(2) #4 REBARS
6'-0" LONG x9"x6-1/2" HIGH
WITH TAPERED SIDES.
(2) 3/4" DIAMETER
THRU-HOLES FOR
ANCHORING.
SLOTS ON UNDERSIDE FOR
DRAINAGE AND RELOCATION
9"
6'-0"
6-1/2"
INSTALL ACCORDING TO
CODE REQUIREMENTS.
VAN
ACCESSIBLE
VAN ACCESSIBLE SIGNAGE
WHERE APPLICABLE
OR WALL MOUNTED
(PERPENDICULAR PARKING)
WITH ANCHOR BOLTS
1
DEPRESSED DRIVEWAY
NOT TO SCALE
2
CURB CONSTRUCTION/PAVEMENT REPAIR
NOT TO SCALE
3
CONCRETE SIDEWALK/DRIVEWAY DETAIL
NOT TO SCALE
20'-0"
5
2' REPAIR STRIP FRONTING ON NEW CURBS
NOT TO SCALE
4
ASPHALT PAVEMENT DETAIL
NOT TO SCALE
7
POST HOLE FILL DETAIL
NOT TO SCALE
8
CONCRETE WHEEL STOP
NOT TO SCALE
9
WALL MOUNTED H-CAP SIGN
NOT TO SCALE
1- 0"
5- 0"
1- 6"
1- 0"
3'-0"
3'-6"
4"
4"
12"Ø CONC. FTG.
TYP.
@ 4" O.C. MAX.
RAIL, TYP.
3/4" SQUARE HORIZ.
3/4" SQUARE TUBE, TYP.
2'-9"
1'-0"
3'-0"
2'-9"
1'-0"
6'-0" MAX
4"
4" O.C. MAX.
2'-9"
3'-0"
1'-0"
1'-0"
WIDTH VARIES
4" O.C. MAX.
4"
NOTE: IMITATION WROUGHT IRON CAN BE SUBSTITUTED.
COLOR TO BE BLACK
NOTE: IMITATION WROUGHT IRON CAN BE SUBSTITUTED.
COLOR TO BE BLACK
4'-0"
4"
4"
4'-0"
3/4" SQUARE TUBE, TYP.
9
WROUGHT IRON GATE DETAIL
NOT TO SCALE
SITE DETAILS I
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-2.00
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-200.DWG\\\C-2.00
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
WATER / SPRINKLER / FIRE PUMP
30" MIN.
CLEARANCE
"B"
12
6" FIRE UNDERGROUND SERVICE MAINS
-
-
-
4" DOMESTIC UNDERGROUND
WATER SERVICE MAIN
"A"
"A"
"B"
CITY SUPPLIED VALVE
AT COST TO OWNER
1
DOMESTIC WATER SERVICE & FIRE PROTECTION SERVICE PLAN
NOT TO SCALE
SEWER
MAIN
O.D. + 12"
A
R
45° max.
O.D.
D
L
A
A
ANGLE
45
22 1/2
11 1/4
Tx1.414
Tx2.613
Tx5.126
Tx1.000
Tx2.414
Tx5.027
D-2A
D-2A
D-2A
NOTES
1. MINIMUM CLEARANCE BETWEEN SANITARY SEWER AND WATER MAIN
SHALL BE 18". ALL OTHER OBSTRUCTIONS SHALL BE 6".
2. 3/4" TIE RODS SHALL BE UTILIZED TO RESTRAIN ALL JOINTS AT LEAST 20
FEET FROM THE MECHANICAL END JOINT.
3. ALL DIRECTION CHANGES SHALL BE PROVIDED WITH THRUST BLOCKS OR
SUITABLY RESTRAINED JOINTS AS DIRECTED BY TRENTON WATER WORKS.
4. OFFSETS MAY BE SUBSTITUTED FOR THE T DIMENSION UP TO 24" WITH
APPROVAL OF CITY OF UNION CITY WATER WORKS ENGINEERING OFFICE.
2
WATER PIPING INSTALLATION AROUND SEWER MAIN
NOT TO SCALE
D EQUALS
R EQUALS
L EQUALS
2-ALL CONSTRUCTION METHODS AND MATERIALS SHALL CONFORM TO CURRENT N.J. D.O.T. AND
1- SUBBASE SHALL BE FIRM AND APPROVED BY THE ENGINEER OR HIS REP. PRIOR TO POURING
GENERAL NOTES:
COMPACTED SUBGRADE
SEE NOTE 4-6, TYP.
EXIST. PAVEMENT
MAT'L IS UNSUITABLE AS BACKFILL
OR AS DIRECTED BY THE ENGINEER
TO BE PROVIDED WHEN EXCAVATED
(95% PROCTOR DENSITY)
HUDSON COUNTY, NJ STANDARDS, SPECIFICATIONS AND INSPECTIONS
6- CONSTRUCT: 2" THICK BITUMINOUS CONCRETE SURFACE COURSE AND ROLL IT PROPERLY.
3- CONTR. MUST PROVIDE SQUARE AND UNIFORM PAVEMENT CUT PRIOR TO PAVEMENT REPLACEMENT.
CUT VERTICAL, TYP.
STONE INSTALLED IN
NJDOT I-5 QUARRY PROCESS
2" BIT. CONC. SURFACE
& HUDSON COUNTY STANDARDS)
EXIST. SURFACE
TO REMAIN, TYP.
STABILIZED BASE COURSE
COURSE, MIX # 1-5, 6" BIT.
NJDOT NO.57 ROAD STONE
BEDDING
5- CONSTRUCT: PUT TACK COAT ALONG VERTICAL & HORIZONTAL SURFACES.
4- REMOVE: 6" WIDTH AND 2" THICK TOP SURFACE LAYER BEYOND TRENCH WIDTH.
6"
2"
12"
D/2
6" MIN.
PIPE
PIPE O.D. +2'-0"
12"
12"
2"
6"
TRENCH WIDTH +2'-0"
SECTION
6-INCH LIFTS
7- CONTRACTOR TO OBTAIN COUNTY OF EZZEX ROAD OPENING PERMIT AS REQUIRED.
2015 N.S.P.C. 2.6
3
PIPE INSTALLATION & PAVEMENT RESTORATION
NOT TO SCALE
PAVEMENT RESTORATION (AS PER NJDOT
A
S
ELEVATION
A
SECTION A-A
PLAN VIEW
CONCRETE COLLAR TO BE USED
IN UNPAVED AREAS ONLY
CLEAN OUT SHALL BE AN IRON BODY
FERRULE WITH BRASS SCREW PLUG
NOTE: ENTIRE WYE SECTION TO
BE ENCASED IN CONCRETE
CONCRETE ENCASEMENT
TRENCH WIDTH
SERVICE LINE
BEDDING MATERIAL
CONCRETE
ENCASEMENT
BEDDING
MATERIAL
1'-0"
2'-0"
6"
6"
4"
6"
1'-0"
1'-0"
6"
6"
4"
CONCRETE COLLAR
TEE WYE W/ REMOVABLE
PVC PLUG
FLOOR
TEE WYE
4
STANDARD CLEANOUT DETAIL
NOT TO SCALE
5
CLEAN-OUT DETAIL (VERT. STACK)
NOT TO SCALE
4'-0" MIN.
6" PVC SANITARY LATERAL
FLOW
6" PVC 45° ELBOW
3"
MARKER
6" X 6" CONCRETE
PAVEMENT
12"
6" PVC WYE BRANCH
(CHISEL "S" IN CURB AT SERVICE LATERAL)
PROVIDE CAMPBELL FOUNDRYCO. PATTERN # 4155
CLEANOUT SHALL BE LOCATED
12" INSIDE SIDEWALK OR CURBLINE
ACCESS FRAME AND COVER
6
6" SANITARY SEWER LATERAL & CLEANOUT
NOT TO SCALE
SADDLE
INSULATION
PIPE
CLEVIS HANGER
NOTE: HANGERS AND COMPONENTS SHALL BE COATED WITH
RUST RESISTANT PRIMER. SIZE VARIES.
NOTE:
1. INTERIOR PIPING SHALL BE PROPERLY SUPPORTED BY METAL HANGERS, ANCHORS & SUPPORTS.
2. HANGERS AND ANCHORS SHALL BE SECURELY ATTACHED TO THE BUILDING AT CLOSE SUFFICIENTLY CLOSE
INTERVALS TO SUPPORT THE PIPING AND ITS CONTENTS.
3. HANGERS AND STRAPS SHALL NOT COMPRESS, DISTORT, CUT, OR ABRADE THE PIPING AND SHALL ALLOW
FREE MOVEMENT OF THE PIPE.
CAST-IRON SOIL PIPE
MATERIAL
VERTICAL
AT BASE & EACH STORY HT.
HORIZONTAL
MIN. 1/PIPE LENGTH W/IN 18" OF JOINT,
CHANGES IN DIRECTION & CONNECTIONS
10FT. INTERVALS
PIPES SHALL BE SUPPORTED NOT LESS THAN THE DISTANCES AND LOCATIONS LISTED ABOVE AS PER
NSPC 2006 Chapter 8.
VERIFY PIPE MANUFACTURER'S RECOMMENDATIONS.
7
PIPE HANGER DETAIL
NOT TO SCALE
STEEL THREADED PIPE < 3/4" Ø
STEEL THREADED PIPE > 3/4" Ø
PLASTIC PIPE
AT EVERY OTHER STORY HT.
4 FT. INTERVALS, AT CHANGE
IN DIRECTIONS & ELEVATIONS
FLEXIBLE PLASTIC TUBING
EACH STORY HT. & MID-STORY
12 FT. INTERVALS
4 FT. INTERVALS, AT CHANGE IN
DIRECTIONS & ELEVATIONS
32 IN. INTERVALS
SECTION "B"
VENT
ZURN
4"
WILKINS
4"
4"
GATE
METER
GATE
OS&Y
OS&Y
AMES 4000ss
CHECK
BACK FLOW
4" DOMESTIC WATER SERVICE
TO BOOSTER PUMP
4" DOMESTIC WATER SERVICE
TO CURB
48"
GRADE
30" MIN
18" MIN.
CL
DEVICE
9
DOMESTIC WATER SERVICE DETAILS
NOT TO SCALE
TO DOMESTIC WATER SUPPLY
FROM STREET MAIN
4" METER
O.S. & Y. GATE
O.S. & Y. GATE
D. ROCKWELL
CUBIC FEET-STRAIGHT READER
WHEN ORDERING METER SPECIFY
APPROVED METERS TO BE USED:
C. HERSEY
B. NEPTUNE
A. BADGER
10 NEW DOMESTIC WATER SERVICE METER SETTINGS
NOT TO SCALE
SEWER MAIN
GROUT WITH CEMENT
THICKNESS OF SEWER MAIN
RISER CLAMP
HUBBED FITTING
NOTES:
1) WHERE A SEWER LATERAL IS TO CONNECT TO A SEWER CONSTRUCTED OF BRICK OR
OTHER SUITABLE MATERIAL, AN ASSEMBLY CONSISTING OF A HUBBED FITTING AND A RISER
CLAMP WILL BE USED. THE RISER CLAMP SHALL BE SET SO THAT THE LENGTH OF PIPE
INSERTED INTO THE CITY'S SEWER IS EQUAL TO THE THICKNESS OF THE MAIN AS SHOWN IN
THE ABOVE DETAIL. THE ENTIRE CIRCUMFERENCE OF THE ASSEMBLY SHALL BE GROUTED
WITH CEMENT TO SECURE IN PLACE.
2) CIRCULAR HOLE SAWS WHICH ARE APPROPRIATELY SIZED OR HAND DRILLS MUST BE
USED TO MAKE THE OPENINGS IN THE EXISTING SEWER TO RECEIVE THE ASSEMBLY. THE
DIAMETER OF THE HOLE IN THE SEWER MAIN TO ACCEPT THE NEW LATERAL SHALL BE NO
MORE THAN 1/8-INCH WIDER THAN THE PIPE TO BE INSERTED INTO THE SEWER.
8
RISER CLAMP DETAIL
NOT TO SCALE
PLAN
ELEVATION
CONCRETE WALLS,
FLOORS OR SLABS
PIPE (SIZE &
MATERIAL VARIES)
MIN. 1
2" ANNULAR SPACE
TIGHTLY FILLED WITH CAULK
STEEL PIPE SLEEVE SIZED
LARGER THAN PIPE SIZE
AND SEALED WATERTIGHT
TO WALL OR FLOOR SLAB
2015 N.S.P.C. 10.6.4
11 PIPE PENETRATION DETAIL
NOT TO SCALE
12 THRUST BLOCK DETAILS
NOT TO SCALE
PIPE
SIZE
TEE
221
2"
BEND
45
BEND
90
BEND
L
L
L
L
D
D
D
D
W
18"
18"
18"
18"
18"
18"
18"
18"
18"
18"
6"
18"
3'-0"
3'-0"
3'-0"
3'-0"
3'-0"
3'-0"
3'-0"
3'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-4"
2'-6"
2'-6"
2'-6"
12"
12"
12"
12"
12"
12"
12"
12"
15"
15"
21"
24"
28"
31"
33"
36"
8"
16"
20"
24"
4'-0"
5'-3"
7'-6"
4'-0"
2'-0"
4'-0"
5'-3"
7'-6"
THRUST BLOCK SCHEDULE
PIPE
SIZE
INCHES
NUMBER
OF RODS
12"
AND
LESS
14"
AND
16"
18"
AND
20"
24"
2
4
6
8
NUMBER OF 3
4" RODS REQUIRED
FELT
FELT
FELT
CONCRETE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
UNDISTURBED
EARTH
10'-0" MIN
LINE GATE
PLUG
HEAVY TAR
PAPER
MIN 10'-0: PIPE SECTION
D
ELEVATI0N-PLUGGED PIPE
PLAN-22 1
2 BEND
PLAN-45 BEND
FELT
UNDISURBED
EARTH
UNDISURBED
EARTH
#6 BAR
D
CONCRETE
VERTICAL BEND
ELEVATION-VERT. BEND
TEMPORARY WOOD BLOCKING EACH SIDE
TI SUPPORT SIDE WITH SLEEVE AND
VALVE ANCHORAGE SETS
TEMPORARY
WOOD
BLOCKING
TAPPING SLEEVE & TAPPING VALVE DETAIL
FELT
FELT
6" Ø
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-200.DWG\\\C-2.10
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-2.10
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-200.DWG\\\C-2.10
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SITE DETAILS II
1.
WATER MAINS SHALL BE PSI CLASS 350, CEMENT LINED, DUCTILE IRON PIPE WITH MECHANICAL JOINTS & RETAINER GLANDS FOR BURIED
SERVICE, AND FLANGED JOINTS FOR INSIDE SERVICE CONFORMANCE WITH A.M.S.I. STANDARD A21.5-1976 (A.W.W.A. C151-76).
2.
GATE VALVES 4" AND OVER SHALL HAVE MECHANICAL JOINT ENDS WITH RETAINER GLANDS AND SHALL BE RESILIENT SEAT. ALL VALVES SHALL
OPEN COUNTER CLOCKWISE.
3.
GATE VALVES SHALL BE IN CONFORMANCE WITH A.N.S.I./A.W.W.A. STANDARD C500-80 AND SHALL BE UNION CITY STANDARD VALVES, M&H
METROPOLITAN MECHANICAL JOINT VALVES AS MANUFACTURED BY DRESSER COMPANY OR APPROVED EQUAL. VALVES SHALL BE NON-RISING
STEM, MECHANICAL JOINT SHALL BE FURNISHED WITH A (2") SQUARE OPERATING NUT SHALL OPEN BY TURNING TO THE RIGHT. GATE VALVES
(16") AND OVER SHALL BE FURNISHED WITH BY-PASS. VALVE SHALL BE 100% SOLID HEAT CURED EPOXY COATED HOLIDAY-FREE IN THE
WATERWAY.
4.
BUTTERFLY VALVES SHALL BE IN CONFORMANCE WITH A.N.S.I./A.W.W.A. STANDARD C504-80. BUTTERFLY VALVES SHALL BE CLASS 1508,
MECHANICAL JOINT, WITH RUBBER SEAT MOUNTED ON THE DISC, SHALL BE FURNISHED WITH A (2") INCH SQUARE OPERATING NUT AND SHALL
OPEN BY TURNING TO THE RIGHT. THE VALVE SHALL BE 100% SOLID HEAT CURED EPOXY OATED HOLIDAY FREE IN THE WATERWAY. THE USE OF
BUTTERFLY VALVES WILL NOT BE PERMITTED IN MAINS (16") AND UNDER.
5.
VALVES BOXES SHALL BE UNION CITY "STANDARD" AS MANUFACTURED BY BINGHAM AND TAYLOR, OR APPROVED EQUAL. BOXES SHALL HAVE A
MINIMUM OF 9 1/2" DIAMETER AND SHALL BE AN ADJUSTABLE SCREW TYPE WITH THE BOX EXTENDING FROM THE SURFACE TO (3") INCHES
ABOVE TH VALVE BONNET BASE. VALVE BOX SHALL BE CAST IRON WITH A STANDARD COAL TAR FOUNDRY DIP WITH CAST IRON WATER DROP
COVER AND THE WORK "WATER" CAST IN COVER. VALVE BOX COVER SHALL BE INSTALLED FLUSH WITH THE EXISTING GRADE ELEVATION.
6.
CONCRETE FOR VALVE SEATS AND THRUST BLOCKS SHALL HAVE A MINIMUM 28 DAY STRENGTH OF 3000 PSI.
7.
SELECT GRANULAR BACKFILL MATERIAL SHALL BE SOIL AGGREGATE TYPE I-6 (POROUS FILL, CLEAN SAND, GRAVEL OR STONE) OBTAINED FROM
DRY SOURCES AND SHALL BE FREE FROM STUMPS, BRUSH, WEEDS ROOTS, RUBBISH, WOOD AND OTHER MATERIAL THAT MAY DECAY.
GRADUATION, SHALL CONFORM TO TABLE 901-2, FOR TYPE I-6 IN ARTICLE 901.09 OF THE (NJDOT) NEW JERSEY DEPARTMENT OF
TRANSPORTATION STANDARD SPECIFICATIONS. BACKFILL MATERIAL SHALL BE PLACED AND COMPACTED IN TWELVE (12) INCH LIFTS.
8.
TIE RODS SHALL BE THREE QUATER (3/4) INCH DIAMETER THREADED STEEL BARS. RODS SHALL HAVE A MINIMUM YIELD STRESS OF 36,000 PSI.
9.
COUPLINGS SHALL BE DRESSER STYLE NUMBER 153 FOR PIPE SIZES THROUGH (30") INCH DIAMETER. FOR LARGER DIAMETER PIPE, DRESSER
STYLE NUMBER 38 STEEL COUPLINGS SHALL BE USED.
10.
SHEETING, SHORING AND BRACING SHALL BE CLOSED VERTICAL SHEETING. TONGUE AND GROOVE WHICH IS BRACED TO PREVENT THE CAVE-IN
OF TRENCHES. ALL LABOR EQUIPMENT, MATERIALS AND METHODS OF CONSTRUCTION SHALL CONFORM TO THE REQUIREMENTS OF THE UNITED
STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. MATERIALS FOR SHEETING SHALL BE TONGUE AND GROOVE WOODEN PLANKS
AND TIMBER OR STEEL CONFORMING TO THE REQUIREMENTS OF THE UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
TIMBER SHALL BE A MINIMUM OF 3" THICK. SHEETING SHALL BE LEFT IN PLACE. SHORING AND BRACING REMOVED.
11.
BROKEN STONE FOUNDATION CUSHION SHALL BE PLACED IN THOSE AREAS WHERE THE DEPARTMENT OF ENGINEERING HAS DEEMED THE SOIL
CONDITIONS INFERIOR. BROKEN STONE SHALL CONFORM TO CITY STANDARDS. THE SIZE OF BROKEN STONE SHALL BE AS SHOWN ON THE PLANS
OR AS DIRECTED BY THE ENGINEER FOR SIZE NUMBER 2,4,5, OR 6. STANDARD SIZES OF COURSE AGGREGATES OF THE NEW JERSEY DEPARTMENT
OF TRANSPORTATION STANDARD SPECIFICATIONS.
12.
FILTER CLOTH SHALL BE PLACED IN THOSE AREAS WHERE THE DIRECTOR, DEPARTMENT OF ENGINEERING HAS DEEMED THE SOIL CONDITIONS
INFERIOR.
13.
AFTER THE ENGINEER HAS INSPECTED THE COMPLETED INSTALLATION OF VALVES, AND WATER MAIN, AND BEFORE BACKFILLING THE
EXCAVATIONS, THE CONTRACTOR SHALL FURNISH ALL LABOR, MATERIALS AND EQUIPMENT REQUIRED TO PRESSURE TEST THE PIPE. THE PIPE
SHALL BE PRESSURIZED TO 1.5X THE WORKING PRESSURE FOR A PERIOD OF 2 HOURS. PRESSURE SHALL NOT VARY MORE THAN 5 PSI. THE
VALVED SECTION OF PIPE SHALL BE FILLED WITH WATER SLOWLY, AND THE TEST PRESSURE SHALL BE APPLIED BY MEANS OF A PUMP
CONNECTED TO THE PIPE IN A MANNER SATISFACTORY TO THE ENGINEER. BEFORE APPLYING THE TEST PRESSURE, AIR SHALL BE EXPELLED
COMPLETELY FROM THE PIPE BY INSTALLING CORPORATION COCKS AT SUCH POINTS SO THAT THE AIR CAN BE EXPELLED AS THE LINE IS FILLED
WITH WATER. IF THE JOINTS LEAK, REPAIRS OR REPLACEMENTS SHALL BE MADE. TESTING SHALL BE IN CONFORMANCE WITH A.W.W.A.
STANDARD C600-77.
14.
THE CONTRACTOR SHALL DISINFECT ALL WATER MAINS IN ACCORDANCE WITH A.W.W.A. STANDARD FOR "DISINFECTING WATER MAINS"
DESIGNATION C-601. COMMERCIAL PRODUCTS SUCH AS "HTH", "PERCHLARON", AND "MAXOXHLOR" MAY BE USED IN FLAKE OR CRYSTAL FORM,
BUT IN NO INSTANCE WILL TABLETS BE PERMITTED TO BE USED IN THE DISINFECTION OF WATER MAINS. THE CHLORINE DOSAGE SHALL INITIALLY
PRODUCE 50 PPM RESIDUAL TO THE WATER AND MAINTAIN A MINIMUM RESIDUAL OF 25 PPM AFTER 24 HOURS. AFTER SATISFACTORY
DISINFECTION OF THE TEST SECTION, THE LINE SHALL CONTINUOUSLY FLUSH UNTIL THE RESULTANT CHLORINE RESIDUAL EQUALS ON PPM OR
THE RESIDUAL OF THE SYSTEM, WHICHEVER IS GREATER. AFTER FINAL FLUSHING AND BEFORE THE WATER MAIN IS PLACED IN SERVICE SAMPLES
SHALL BE COLLECTED FROM EACH END OF THE MAIN AND TESTED FOR BACTERIOLOGIC QUALITY. IF THE INITIAL DISINFECTION FAILS TO PRODUCE
SATISFACTORY SAMPLES, DISINFECTION SHALL BE REPEATED UNTIL SATISFACTORY SAMPLES HAVE BEEN OBTAINED.
15.
AIR RELEASE VALVES SHALL BE INSTALLED AT THE HIGH POINTS OF THE WATER MAINS.
16.
ALL WATER MAINS WILL BE AT LEAST 8" IN DIAMETER. TEN (10") AND 14" DIAMETER MAINS SHALL NOT BE USED.
17.
THRUST BLOCKS AND TIE RODS SHALL BE INSTALLED AT ALL BENDS AND FITTINGS.
18.
HYDRANTS SHALL BE 2 PIECE "UNION CITY STANDARD" HYDRANTS AS MANUFACTURED BY A.P. SMITH OR APPROVED EQUAL. HYDRANT SPACING
SHALL BE A MAXIMUM 250 FEET MEASURED CENTER TO CENTER.
19.
FOR EITHER NEW CONSTRUCTION OR RELOCATION OF THE FOLLOWING SHALL BE REQUIRED:
A.
HYDRANTS SHALL BE LOCATED NO CLOSER THAN 20 FEET FROM THE POINT OF TANGENCY OR CURVATURE AT INTERSECTIONS.
B.
ALL ONE PIECE OR HYDRANTS NOT MANUFACTURED BY A.P. SMITH THAT ARE TO BE RELOCATED SHALL BE REMOVED AND DELIVERED TO
UNION CITY DIVISION OF WATER DISTRIBUTION. A NEW HYDRANT WILL BE SUPPLIED BY THE CITY FOR INSTALLATION.
C.
HYDRANTS SHALL BE NO CLOSER THAN TEN (10) FEET FROM THE EDGE OF A RESIDENTIAL DRIVEWAY OR (20) FEET FROM THE EDGE OF A
COMMERCIAL DRIVEWAY. IN THE CASE WHERE DRIVEWAYS ARE EXPANDED OR NEWLY CONSTRUCTED, THE OWNER SHALL BE RESPONSIBLE
FOR THE RELOCATION OF AN EXISTING HYDRANT IF ABOVE REQUIREMENTS ARE VIOLATED.
D.
ALL SINGLE GATED HYDRANTS ON (16") OR LARGER MAINS SHALL REQUIRE A NEW VALVE AT THE BASE OF THE RELOCATED HYDRANT.
E.
NEW GATE VALVES AND BOXES ARE REQUIRED AT THE BASE OF RELOCATED HYDRANTS WHEN MORE THAN (10) FEET OF PIPE IS REQUIRED.
19.
EXISTING WATER SERVICE LINES SHALL BE SHUT-OFF AND CAPPED AT THE MAIN PRIOR TO THE INSTALLATION OF NEW WATER SERVICES. PRIOR
TO NEW SERVICE TAP THE UNION CITY WATER DEPARTMENT SHALL INSPECT AND CERTIFY THE ABANDONED SERVICES.
20.
WATER MAINS TO ABANDON SHALL BE CUT AND PLUGGED WITH REQUIRED FITTINGS, RODS AND CONCRETE AS CLOSE TO THE EXISTING MAIN IN
SERVICE AS POSSIBLE.
21.
ALL VALVES SHALL BE OPERATED BY UNION CITY WATER DEPARTMENT PERSONNEL. THE CONTRACTOR SHALL NOT BE PERMITTED TO OPERATE
ANY VALVES. THE CONTRACTOR SHALL NOTIFY THE ENGINEER, IN WRITING FIVE DAYS IN ADVANCE OF VALVE OPERATING REQUIREMENTS.
1. BEDDING AND BACKFILL MATERIAL SHALL COMPLY WITH THE NJDOT'S STANDARD SPECIFICATION FOR ROAD AND BRIDGE CONSTRUCTION, AND THE DESIGN AND
CONSTRUCTION OF URBAN STORMWATER MANAGEMENT SYSTEMS, ASCE MANUALS AND REPORTS OF ENGINEERING PRACTICE NO. 77, 1993, AS APPLICABLE. ALL
BEDDING AND BACKFILLING WILL COMPLY WITH NJDOT'S STANDARDS.
2. ALL SEWER SERVICE CONNECTIONS 6 INCHES IN SIZE OR SMALLER MUST BE MADE DIRECTLY TO THE SEWER MAIN AND ALL CONNECTIONS 8 INCHES IN SIZE OR
LARGER MUST BE MADE TO A MANHOLE. NEW 8" LATERAL IS SHOWN CONNECTED TO THE EXISTING MAIN.
3. EACH BUILDING CONNECTION REQUIRES A CURB CLEANOUT (REFER TO ATTACHED DETAIL DRAWINIGS). A T-WYE CLEANOUT SHOULD BE INSTALLED ON BOTH THE
STORM AND SANITARY LATERAL. CONTRACTOR SHALL PROVIDE CURB AND STREET CLEANOUT AS SHOWN.
4. PROPOSED SEWER LATERAL CONNECTION TO SEWER MAIN SHALL BE MADE ABOVE HORIZONTAL CENTER LINE OF PIPE (REFER TO ATTACHED SEWER SERVICE
CONNECTION DETAILS). DETAIL FOR SEWER CONNECTION IS PROVIDED ON THIS SHEET.
5. THE SIZE, MATERIAL, DEPTH, CONDITION, DIRECTION OF FLOW AND ANY OTHER RELEVANT CONDITIONS OF THE EXISTING SEWER TO WHICH YOU PLAN TO CONNECT
MUST BE FIELD VERIFIED BY DEVELOPER TO DETERMINE IF SAID CONNECTION IS PHYSICALLY POSSIBLE AND PRACTICAL. THIS VERIFICATION IS TO BE INCLUDED ON
THE PLANS FOR THE PROJECT. ALSO, THE CONDITION, INVERTS AND RIM ELEVATION OF ANY EXISTING MANHOLE TO WHICH CONNECTION IS PROPOSED MUST BE
FIELD VERIFIED. THE PROJECT ENGINEER HAS INSPECTED THE EXISTING SEWER AND HAS VERIFIED THAT IT IS ADEQUATE IN DEPTH FOR THE PROPOSED
CONNECTION.
6. CIRCULAR HOLE SAWS WHICH ARE APPROPRIATELY SIZED OR HAND DRILLS WILL BE USED TO MAKE THE OPENINGS IN THE EXISTING SEWER TO RECEIVE THE
LATERALS. JACKHAMMERS, SLEDGEHAMMERS AND OTHER UNSUITABLE TOOLS OR MACHINERY WHICH MAY DAMAGE THE SEWER MAIN ARE NOT ALLOWED TO BE
USED TO MAKE THE LATERAL OPENINGS. ALL DEBRIS MUST BE REMOVED AND NOT ALLOWED TO FALL INTO THE PIPE. THIS APPLIES IN THIS APPLICATION TO THE
CUTTING OF THE EXISTING SEWER MAIN TO RECEIVE THE NEW SEWER EXTENSION AND THE CONTRACTOR SHALL COMPLY.
7. A DETAIL OF ANY PROPOSED MANHOLE OR CATCH BASIN SHOWING ALL DIMENSIONS IN ADDITION TO RIM, GRATE AND INVERT ELEVATIONS OF THE STRUCTURE AND
ALL PIPES CONNECTED TO THE STRUCTURE ARE SHOWN ON PLANS.
8. PROPOSED MANHOLES CONSTRUCTED IN THE PUBLIC R.O.W. ON EXISTING OR PROPOSED SEWERS SHALL BE FURNISHED WITH CONCENTRIC MANHOLE COVERS AS
MANUFACTURED BY CAMBELL FOUNDRY PATTERN #4428 OR EQUAL WITH OUTSIDE COVER DIAMETER OF 31-3/4 INCHES AND INSIDE COVER DIAMETER OF 24
INCHES. THE LETTERS "SEWER" SHALL BE CAST IN THE INSIDE COVER. MANHOLE FRAMES SHALL BE CAMPBELL FOUNDRY CO. PATTERN # 4428 OR 1206 OR
EQUAL FURNISHED WITH A PATTERN #4428 CONCENTRIC COVER AS SPECIFIED IN THE PRECEDING PARAGRAPH.
9. A DROP MANHOLE CONNECTION SHALL BE USED WHERE THERE IS A DIFFERENCE IN ELEVATION OF TWO (2) FEET OR GREATER BETWEEN THE INVERT OF A SANITARY OR
COMBINED INLET PIPE TO MANHOLE AND THE CROWN OF THE OUTLET PIPE FROM MANHOLE. REFER TO ATTACHED DETAIL FOR DROP MANHOLE CONNECTION
WHICH MUST BE SHOWN ON THE PLANS IF REQUIRED.
10. ALL EXISTING SEWER MAINS AND STORM AND SANITARY LATERALS TO BE ABANDONED MUST BE FILLED WITH CONCRETE SLURRY OR REMOVED FROM THE GROUND.
CATCH BASINS AND MANHOLES MUST BE REMOVED FROM THE GROUND. CONNECTIONS MUST BE CUT AND SEALED AT THE MAIN AND PRECAUTIONS MUST BE
UNDERTAKEN BY THE CONTRACTOR TO ENSURE CONCRETE AND OTHER MATERIALS DO NOT ENTER THE MAIN AND CREATE OBSTRUCTION(S). THE CONTRACTOR
SHALL BE RESPONSIBLE FOR COMPLYING WITH THIS REQUIREMENT IF ANY EXISTING SEWER LATERALS ARE UNCOVERED DURING EXCAVATION. NONE ARE KNOWN
TO EXIST.
11. PROPOSED WATER SERVICES REQUIRE THE REVIEW AND APPROVAL OF THE DIVISION OF WATER ENGINEERING. THE APPLICANT IS AWARE OF THIS REQUIREMENT AND
HAS APPLIED SEPARATELY FOR THEIR WATER SERVICE CONNECTION.
12. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING PERMITS FOR STREET OPENINGS (EXCAVATIONS) AND SEWER SERVICE CONNECTIONS FROM THE UNION CITY
BUILDING DEPARTMENT. THE APPLICANT IS AWARE OF THIS REQUIREMENT AND MUST APPLY FOR ALL REQUIRED STREET OPENING PERMITS. THE SYSTEM DESIGNER
IS ALSO RESPONSIBLE FOR COMPLIANCE WITH THE APPLICABLE REGULATIONS OF THE NEW JERSEY ADMINISTRATIVE CODE, NJDEP RULES AND REGULATIONS
GOVERNING TREATMENT WORKS APPROVAL PROGRAM, PROGRAM, LOCAL CODES AND ORDINANCES, FEDERAL AND STATE REGULATIONS, ETC. IN ADDITION TO
OTHER REQUIREMENTS THAT MAY BE IMPOSED BY THE UNION CITY ENGINEERING DEPARTMENT. THE ENGINEER CERTIFIES THAT THIS PLAN COMPLIES WITH ALL
REGULATIONS OF OTHER PUBLIC AGENCIES HAVING JURISDICTION.
SANITARY AND STORM SEWERS AND SERVICE LATERALS
WATER DISTRIBUTION SYSTEM STANDARDS
1
GLOW LIST 16 EXTRA HEAVY PRESSURE DBL. DISC, PARALLEL SEAT IBBM GATE VALVES
NOT TO SCALE
G
S
A WITHOUT BYPASS
B WITH BYPASS
FLANGED ENDS, NRS
Q OPEN
R CLOSED
GLOW LIST 16Dbl. Discs Parrallel Seat
lBBM Gate Valves Meet or Exceed
the reqirements of AWWA C500
VALVE
SIZE
16
18
20
24
30
30
30
30
34
34
Flanged ends, NRS,
with Bevel Gears,
By-Pass
Flanged ends
NRS Spur
Gear
By-Pass
F;anged Ends, OS&Y
W
Y
T
AA
U
TURN TO
OPEN
DIAM. OF
STEM
15
21
27
33
39
45
52
58
64
51
63
64
21
21
33
13
13
13
13
13
1 1
8
18
18
18
18
18
18
18
18
21 1
2
26
26
26
22
22
22
8
8
8
8
8
1 3
8
1 1
4
1 7
8
1 1
2
1 1
2
2
2 1
8
2 1
4
2 1
4
3
22
24 3
4
24
33
14
14
12
10
17 1
2
19
26 1
4
27 1
2
28
48
43 3
8
40 1
4
36 1
4
29 1
8
25 5
8
24
32 1
2
40 1
2
47 1
4
58 1
4
67 3
4
74 3
4
82 1
2
90 1
4
105
54 3
8
79 3
4
69 1
4
63 1
2
57 3
4
52 3
4
45 3
4
36 1
4
31 1
2
25 1
2
19 3
4
17
97
128 1
4
65 3
8
64 1
8
52 7
8
43 3
4
39 7
8
36 7
8
27 5
8
29 1
2
33 1
2
17 1
2
23 3
4"
27 1
2
10
13 3
8
14
79 1
8
60 5
8
51 3
4
48
45
41
36 1
8
69 3
4
58 1
4
74
89
105 1
2
57 1
2
47 1
4
41 1
2
14 1
2
38 1
2
12 1
2
11 1
2
9 5
8
35 1
4
12
10
8
6
4
18
17
A
Z
X
B
G
Q
R
S
T
U
V
W
X
Y
Z
AA
AMES 4000SS - WEIGHTS & DIMENSIONS
SIZE
A
B
C
D
E
F
G
WEIGHT
WEIGHT
W/ GATES
W/0 GATES
2 1/2"
3"
4"
6"
8"
10"
22"
22"
22"
27 1/2""
29 1/2"
19 1/2"
37"
38"
40"
48 1/2""
52 1/2"
55 1/2"
10"
10"
10"
15"
15"
15"
10 1/2"
10 1/2"
10 1/2"
11 1/2"
12 1/2"
12 1/2"
7"
7 1/2"
9 1/2"
11 "
13 1/2"
16"
9 1/4"
12 1/4"
13 3/8"
16 3/4"
22 1/2"
26 1/2"
16 1/2"
22 1/2"
23 1/2"
30"
37N 3/4
48"
148#
226#
235#
380#
571#
773#
60#
62#
65#
110#
179#
189#
C
D
A
B
F (NRS)
G (OSY)
E
2
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY MODEL 4000SS
NOT TO SCALE
SIZE
A
B
C
D
E
F
WEIGHT
WEIGHT
W/ GATES
W/0 GATES
2 1/2"
3"
4"
6"
22"
22"
22"
27 1/2""
37"
38"
40"
48 1/2""
10"
10"
10"
11 1/2"
10 1/2"
10 1/2"
10 1/2"
11 1/2"
12 1/2"
13"
14 1/2"
15 1/2"
7"
7 1/2"
9"
11"
16 3/8"
18 7/8"
22 3/4"
30 1/8"
170#
205#
270#
405#
61#
65#
67#
105#
G-NRS
11 3/8"
12 3/8"
14 3/4"
19"
H-OSY
(OPEN)
WEIGHTS & DIMENSIONS (INCHES)
C
D
A
B
F
E
G (NRS)
H (OSY)
* INCLUDES ELBOWS
3
REDUCED PRESSURE DETECTOR ASSEMBLY MODEL 5000SS
NOT TO SCALE
PAVEMENT
FILTER FABRIC
30"Ø MANIFOLD
6" GRAVEL BED
3 - 30"Ø HDPE PIPES
STORM WATER DETENTION SYSTEM FOR THE BUILDING
1'-0"
MIN.
6"
4
30" HDPE STORM WATER STORAGE SYSTEM
NOT TO SCALE
Ø
SIDE VIEW
ON
OFF
COVER TO BE LETTERED
"WATER"
BRASS CAP
1
2" BRASS PIPE
FORD BALL VALVE
1
2" B11455N W/
PITOMETER HANDLE ON 30"
AND ABOVE
WATER MAIN
1" CORPORATION STOP FORD
F800 CORPORATION MUST BE
LEFT ON
STEEL HANDLE
STANARD 12"
MIN DIAMETER
BALL VALVE MUST BE
SET SO VALVE IS IN
OFF POSITION WHEN
HANDLE IS DOWN
5
TYPICAL PITOMETER TAP
NOT TO SCALE
2.975
1 9
16"
2.943
2.894
2.878
2.813
2.871
CLEAN SURFACE
221
32" 8 THDS PER INICH
NAT. STD. THD. FORM
3/16"
7/8"
3 3/8" DIA.
3/4"
2 1/2" DIA.
2 3/16"
3/16"
9/64"
15/16"
1/16"
7
HOSE NOZZLE MAT'L: BRONZE ASTM B-62
NOT TO SCALE
5.136"
4.973"
4.811"
4 1
2"
5 1
4"
1"
2 1
4"
4 1
4"
4.761
4.949"
5.086"
1'-6
58"
DIA
DIA
R.D.
BORE
P.D.
O.D
1
8"
4 THDD'S PER
AT. STD. THD. FORM
1
16 X 45" CHAMFER
CLEAN SURFACE
8
4 1/2" PUMPER NOZZLE MAT'L: BRONZE ASTM B-62
NOT TO SCALE
3/16"
7/8"
2" SQ.
M
KM
HM
Q
R
BM Dia.
DM Bolt Circle
21
10
19
8
9
1
57
2
3
4
14
11
13
15
PARTS
57
O-RINGS
BUNA-N
22
OPERATING NUT
A126 CLB- CAST IRON
21
NUT
A307 GR B-PLATED STEEL
19
STEM
A276 GR304- STAINLESS STEEL
15
LOWER WEDGE
A536 65/45/12-DUCTILE IRON
14
UPPER WEDGE
13
SEAT RING
B62- LOW ZINC BRONZE
11
DISC
A536 65/45/12-DUCTILE IRON WITH
10
COVER GASKET
BUNA-N
9
COVER BOLTS AND NUTS
A307 GR B-PLATED STEEL
8
PACKING BOX
4
BODY
3
BONNET GASKET
2
BONNET BOLTS AND NUTS
1
BONNET
BRONZE FACE INSERTS
A536 65/45/12-DUCTILE IRON
A536 65/45/12-DUCTILE IRON
A536 65/45/12-DUCTILE IRON
A536 65/45/12-DUCTILE IRON
A307 GR B-PLATED STEEL
A536 65/45/12-DUCTILE IRON
Size Range
4"-30"
4"-20"
24"-48"
250
225
500
450
Water Working
Pressure psi
Hydrostatic
Test psi
Avaiable in either, NRS or OS&Y
Avaiable End Connection & Size Range
Fig (nRS) 4"-48"
Fig (OS&Y) 14"-48"
Figure No.
F-53000
F-5305
Accessories
Same as listed for GLOW AWWA. Disc
Parellel Seat BBM GAte Valves
Flanges are faced and drilled to ANSI Class 250 Standard
6
NOT TO SCALE
CATALOG NUMBER: H-615 MECHANICAL JOINT TAPPING SLEEVE
SIZES: 4"-24" MAIN AND OUTLET (SEE CHART BELOW FOR AVAILABLE SIZE COMBINATIONS
OUTLET FLANGE DIMENSIONS AND DRILLING COMPLY WITH ANSI B16.1, CLASS 125
AND W/ MSS SP-60
CERTIFIED TO ANSI/NSF 61
IRON BODY W/ 3/4" NPT TEST PLUG
4"-12" SIZES - 250 PSIG (1723 kPA) MAX. WORKING PRESSURE
14"-24" SIZES - 200 PSIG (1379 kPA) MAX. WORKING PRESSURE
NOM. SIZE
OF MAIN
O.D. RANGE OF SLEEVE
INCH
MM
CLASS AND TYPE OF PIPE
END GASKET
PART NUMBER
4"
6"
8"
10"
12"
14"
16"
18"
20"
24"
4.74"-4.86"
4.87:-5.32"
6.84"-6.96"
6.97"-7.40"
8.99"-9.11"
9.12"-9.62"
11.04"-11.16"
13.14"-13.26"
15.22"-15.35"
17.32:-17.45"
19.42"-19.55"
21.52"-21.65"
25.72"-25.85"
120.5-123.3
123.8-135.0
173.8-176.7
177.1-187.9
228.4-231.3
231.7-244.2
280.5-283.4
333.9-336.7
386.7-389.8
440.0-443.1
493.4-496.5
546.7-549.8
653.4-656.5
O.D. PVC PLASTIC PIPE CLASSES 150 AND 200
CAST IRON CLASSES B, C, AND D - A-C CLASSES 100 AND 150
CAST IRON CLASSES B, C, AND D - A-C CLASSES 100 AND 150
CAST IRON CLASSES B, C, AND D - A-C CLASSES 100 AND 150
CAST IRON CLASSES 50, 100, 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON
CAST IRON CLASSES 100, 150, 200, AND A - ALL CLASSES DUCTILE IRON - CAST IRON
O.D. PVC PLASTIC PIPE CLASSES 150 AND 200
CAST IRON CLASSES 100, 150, 200, AND A - ALL CLASSES DUCTILE IRON - CAST IRON
O.D. PVC PLASTIC PIPE CLASSES 150 AND 200
CAST IRON CLASSES 100, 150, 200, A AND B - ALL CLASSES DUCTILE IRON - CAST IRON
O.D. PVC PLASTIC PIPE CLASSES 150 AND 200
CAST IRON CLASSES 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON - CAST IRON
O.D. PVC PLASTIC PIPE CLASSES 150 AND 200
CAST IRON CLASSES 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON - CAST IRON
CAST IRON CLASSES 50, 100, 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON
CAST IRON CLASSES 50, 100, 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON
CAST IRON CLASSES 50, 100, 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON
CAST IRON CLASSES 50, 100, 150, 200, 250, A AND B - ALL CLASSES DUCTILE IRON
195824
195653
195825
195654
195826
195655
194680
194638
195127
195128
195266
195129
195130
TAPPING SLEVE PIPE INFO
10 MECHANICAL JOINT TAPPING SLEEVE FOR CENTRIFUGAL C.I., D.I., & PVC PIPE
NOT TO SCALE
19"
14"
-FIG. NO. 5001- 3 PIECE SCREW OR SLIDING TYPE
ADJUSTABLE CAST IRON VALVE BOX
·
The Top screws over the middle Setion to provide adjustment. The Middle Section locks into Base Section.
·
Fig. No4909-A, No. 6 Base is the Standard Base and used in our Order Table below to determine lengths and
price. Other Bases reflect a change in the length and price of complete Box. See page 9.
·
Certain sizes can be furnished with Square Head Top Section (Fig. No. 5020). Please inquire.
·
When ordering, please specify WATER or GAS on Cover. Other Letering available at Extra Cost.
·
Locking Curves are avaible at Extra Cost.
·
Paving Adapters are avaiable for these Boxes. Please inquire
* The longest Box we manufacture is the "L" Valve Bow. For longer Boxes
we will add Extentions Sections.
For Valve closer to surface, use No. 140 Base shown on page 9 and reduce
length shown above by 6 inches.
-Square Head Top Section for above Box only available in certain sizes.
Please inquire.
FIG. NO. 5020-SQUARE HEAD TOP SECTION
FIG. NO. 5001-X-NO. 71 EXTENSION SECTION
-No.71 Extension Section foe above Box increases length up to 14 inches.
-Weight-36 pounds.
FIG. NO. 5050- VAVLE OPERATING KEY
-For operating 2" Square Nut. Shalt lengths made to order. Please inquie
FIG. NO. 5050
FIG NO 5020
SQUARE HEAD
TOP SECTION
FIG NO. 5001-X
NO. 71
EXTENSION
SECTION
FIG. NO. 5001
VALVE
SIZE
BOTTOM BASE TO
BOTTOM TRENCH
DIM. E
NO.
BASE
USED
DEPTH OF TRENCH (DIMENSION D)
TABLE FOR DETERMINING LENGTH BOX TO USE
3
4
6
8
10
12
14
16
8
13 1/2
15
19
24
31
36 1/2
41 1/2
4
4
6
6
6
160
160
-160
l l
l l
l l
l
l
l l
l l
J
J
J
l
l l
K
J
J
J
l
l l
L
K
J
J
l
l
l l
L
L
K
K
K
J
l
l l
M*
L
L
L
K
K
J
l
M*
M*
M*
L
L
K
J
J
O*
M*
M*
M*
L
L
K
J
* See Note above concerning longer Boxes.
SIZE
NO.
EXTENSION
RANGE-C
TOP SECTION & COVER
MIDDLE SECTION
NO.
DIM. A
WEIGHT
NO.
DIM. B
WEIGHT
NO. 6
BASE
WEIGHT
TOTAL
WEIGHT
l l
21-27
74
9 1
2
58 1
2
80
8
14
45
117 1
2
75
75
75
15 1
4
15 1
4
15 1
4
26
81 1
2
81 1
2
81 1
2
111
81
82
83
83
14
20
26 1
4
26 1
4
45
45
45
45
41
41
30
25
197
167 1
2
156 1
2
151 1
2
27-39
33-45
39-51
39-60
60-72
76
72-84
l
J
K
L
M*
N*
TABLE FOR ORDERING
BINGHAM & TAYLOR
CULPER, VIRGINIA 703/825-8334
OPELIKA FOUNDRY
OPELIKA, ALABAMA OPELIKA QUALITY
36"
42"
48"
54"
60"
66"
72"
78"
84"
GENUINE BUFFALO STYLE CAST IRON
B
A
C
D
E
9
SHAFT 3 PIECE VALVE BOXES
NOT TO SCALE
3'-0"
+ 176.91' RIM
DRIVEWAY
+169.49' HDPE
PIPE INVERT
+ 168.49' USGS
BOTTOM OF CHAMBER
(2) CAMPBELL MANHOLE
3'-0"
10" RCP OUTLET @ 3%
MIN. SLOPE INV: 167.99'
30" Ø SOLID HDPE
PIPES OR EQUAL
6" CMU WIER-
PARGE BOTH SIDES
+ 172.49'
TOP OF WEIR
SECTION 4' X 6' X 4'
PRECAST CONC. INLET
6" CMU WIER-
PARGE BOTH SIDES
(3) 5"Ø HOLES
@ 170.79'
4' X 6' CONTROLLED OUTLET STRUCTURE
SECTION
SECTION
+ 169.49'
WEIR ORIFICE #1
SECTION 4' X 6' X 5.11'
PRECAST CONC. INLET
EXTENSION
BASE
SECTION 4' X 6' X 5.11'
PRECAST CONC. INLET
EXTENSION
SECTION 4' X 6' X 4'
PRECAST CONC. INLET
BASE
TRASH RACK
SEE DET.
12"x12"x1
8" STL. PLATE W/
3"Ø HOLE @ INV: 169.49'
8" PRECAST CONC. COVER
MODEL 1059 SQUARE
+ 176.90'
TOP OF ASPHALT
3'-0"
(2) CAMPBELL MANHOLE
3'-0"
MODEL 1059 SQUARE
158.3"
176.90'
PARKING
BOTTOM OF CHAMBER
158.3"
10"Ø RCP
OUTLET @ 2%
MIN. SLOPE
6" CMU WIER-
PARGE BOTH SIDES
172.49'
TOP OF WEIR
168.49'
26.4"
35.2"
OUTLET STRUCTURE
MIN. GRAVEL BASE IS 6" THICK FOR OUTLET STRUCTURE.
(2) CAMPBELL MANHOLE
MODEL 1059 SQUARE
+ 170.79'
WEIR ORIFICE #2
STL. PLATE W/
4"Ø HOLE @
169.49'
12"x12"x1
8" STL. PLATE W/
4"Ø HOLE @ INV: 170.79'
11 STORM WATER OUTLET STRUCTURE SECTION
NOT TO SCALE
+ 176.90'
TOP OF ASPHALT
+ 172.49'
TOP OF WEIR
BOTTOM OF CHAMBER
168.49'
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
C-2.20
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\2. CIVIL\C-200.DWG\\\C-2.20
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SITE DETAILS III
WATER METER &
SPRINKLER ROOM
43'-8" X 22'-11"
STAIR
ELEVATOR
ELEVATOR
MACHINE
ROOM
5'
10'
25'
BASEMENT FLOOR PLAN
1
PROPOSED FLOOR PLANS
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
A-1.00
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\A-1.00.DWG\\\A-1.00
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
POST OFFICE
PARKING &
OFFICE ENTRY
64 PARKING (PUBLIC SPACES)
02 PARKING (POST OFFICE)
1400 SF
RETAIL
750 SF
GAS UTILITY
ROOM
PARKING &
OFFICE LOBBY
X'-X" X X'-X"
23'-10" X 17'-4"
POST OFFICE
POST OFFICE
STAIR
ELEVATOR
UP
STAIR
PUBLIC
PARKING
LOBBY
ELEVATOR
9'-6" X 9'-0"
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
ELEVATOR
MACHINE
ROOM
64
18
4
5'
10'
25'
OFFICE #2
1272 SF
OFFICE #1
ELEVATOR
1275 SF
TRANSFORMER
ROOM
16'-0" X 22'-0"
RESIDENTIAL
LOBBY
PARKING &
OFFICE LOBBY
X'-X" X X'-X"
ELEVATOR
24'-0" X 17'-4"
ELECTRIC
UTILITY ROOM
56 PARKING (RESIDENT SPCAES)
07 PARKING (PUBLIC SPCAES)
PUBLIC
PARKING
LOBBY
8'-0" X 10'-7"
RESIDENTIAL PARKING
ROLL UP GATE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
1
2
56
55
54
53
52
51
50
49
48
47
46
45
44
43
42
41
40
39
38
37
36
35
34
33
32
31
30
29
7
6
5
4
3
18
PACKAGE
ROOM
STAIR
DN
UP
DN
UP
STAIR
TRASH ROOM
17'-4" X 16'-3"
PM
PM
PM
PM
5'
10'
25'
1ST FLOOR PLAN (8TH STREET)
1
PROPOSED FLOOR PLANS
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
A-1.10
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\A-1.00.DWG\\\A-1.10
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
2ND FLOOR PLAN (10TH STREET)
2
1 BR UNIT
655 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
COMMUNITY ROOM
1895 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
728 SQ
2 BR UNIT
880 SQ
1 BR UNIT
651SQ
1 BR UNIT
650 SQ
ELEVATOR
LOBBY
ELEVATOR
STAIR
DN
UP
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
CHUTE
TRASH
WELLNESS CENTER
920 SQ
1 BR UNIT
651 SQ
ST UNIT
551 SQ
ST UNIT
551 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
LAUNDRY
156 SQ
STORAGE
85 SQ
ELEVATOR
LOBBY
DN
UP
STAIR
ELEVATOR
CL
CL
TRASH
78 SQ
5'
10'
25'
1 BR UNIT
650 SQ
1 BR UNIT
668 SQ
1 BR UNIT
655 SQ
1 BR UNIT
651 SQ
ELEVATOR
STAIR
DN
UP
1 BR UNIT
655 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
728 SQ
2 BR UNIT
880 SQ
1 BR UNIT
651SQ
1 BR UNIT
650 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
ST UNIT
551 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
LAUNDRY
156 SQ
STORAGE
85 SQ
CHUTE
TRASH
ELEVATOR
LOBBY
DN
UP
STAIR
ELEVATOR
1 BR UNIT
651 SQ
TERRACE
608 SQ
ELEVATOR
ELEVATOR
LOBBY
CL
CL
TRASH
78 SQ
5'
10'
25'
3RD FLOOR PLAN
1
PROPOSED FLOOR PLANS
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
A-1.20
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\A-1.00.DWG\\\A-1.20
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
4TH FLOOR PLAN
2
ELEVATOR
STAIR
DN
UP
1 BR UNIT
655 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
728 SQ
2 BR UNIT
880 SQ
1 BR UNIT
651SQ
1 BR UNIT
650 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
ST UNIT
551 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
668 SQ
1 BR UNIT
655 SQ
LAUNDRY
156 SQ
STORAGE
85 SQ
CHUTE
TRASH
ELEVATOR
LOBBY
DN
UP
STAIR
ELEVATOR
1 BR UNIT
651 SQ
ELEVATOR
ELEVATOR
LOBBY
CL
CL
TRASH
78 SQ
5'
10'
25'
ELEVATOR
STAIR
DN
UP
1 BR UNIT
655 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
728 SQ
2 BR UNIT
888 SQ
1 BR UNIT
651SQ
1 BR UNIT
650 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
ST UNIT
551 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
651 SQ
1 BR UNIT
650 SQ
1 BR UNIT
668 SQ
1 BR UNIT
655 SQ
LAUNDRY
156 SQ
STORAGE
85 SQ
CHUTE
TRASH
ELEVATOR
LOBBY
DN
UP
STAIR
ELEVATOR
TERRACE
636 SQ
ELEVATOR
ELEVATOR
LOBBY
CL
CL
TRASH
78 SQ
5'
10'
25'
5TH FLOOR PLAN
1
PROPOSED FLOOR PLANS
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
A-1.30
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\A-1.00.DWG\\\A-1.30
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
6TH FLOOR PLAN
2
ELEVATOR
BULKHEAD
STAIR
DN
DN
STAIR
ELEVATOR
BULKHEAD
5'
10'
25'
ROOF PLAN
1
PROPOSED FLOOR PLANS
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
A-1.40
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\A-1.00.DWG\\\A-1.40
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
551 SF - TYPICAL STUDIO
2
651 SF - TYPICAL 1-BEDROOM
3
880 SF - TYPICAL 2-BEDROOM
4
CLEARANCE 9'-0"
OFFICE
RETAIL
RESIDENTIAL PARKING
POST OFFICE
8'-0"
10'-0"
10'-0"
8'-0"
8'-0"
8'-0"
68'-0"
1ST FLOOR
(8TH ST. PARKING)
4TH FLOOR F.F.
5TH FLOOR F.F.
PARAPET
2ND FLOOR
(10TH ST. PARKING)
6TH FLOOR F.F.
3RD FLOOR
8'-0"
BASEMENT
10'-6"
ROOF
52'-6"
12'-6"
DECORATIVE FIBER GLASS CORNICE
CAST STONE SILL , TYP.
GOOSENECK LIGHTING
VINYL WINDOW, TYP.
DECORATIVE SIGN BAND
DECORATIVE WALL SCONCE
ALUMINUM STOREFRONT
CAST STONE BASE
DECORATIVE ALUMINUM CORNICE
FIBER CEMENT LAP SIDING , TYP.
VINYL WINDOW, TYP.
METAL RAILING
FIBER CEMENT PANEL, TYP.
DECORATIVE TRIM BOARD
CORRUGATED METAL PANEL,
TYP.
CORRUGATED METAL
PANEL, TYP.
BRICK VENER, TYP.
FIBER CEMENT
LAP SIDING, TYP.
VINYL WINDOW, TYP.
METAL RAILING
CORRUGATED METAL
PANEL, TYP.
FIBER CEMENT
LAP SIDING, TYP.
8'-0"
10'-0"
8'-0"
8'-0"
8'-0"
8'-0"
55'-6"
9'-6"
1ST FLOOR
(8TH ST. PARKING)
4TH FLOOR F.F.
5TH FLOOR F.F.
PARAPET
2ND FLOOR
(10TH ST. PARKING)
6TH FLOOR F.F.
3RD FLOOR
ROOF
2'-0"
CLEARANCE 9'-0"
TRANSFORMER
ROOM
PUBLIC & RESIDENTIAL PARKING
RESIDENTIAL LOBBY
DECORATIVE TRIM
BOARD
CORRUGATED
METAL PANEL,TYP.
BRICK VENER, TYP.
DECORATIVE ALUMINUM CORNICE
FIBER CEMENT LAP SIDING , TYP.
CORRUGATED METAL PANEL, TYP.
FIBER CEMENT
PANEL, TYP.
VINYL WINDOW, TYP.
VINYL WINDOW, TYP.
DECORATIVE FIBER GLASS CORNICE
CAST STONE SILL , TYP.
GOOSENECK LIGHTING
VINYL WINDOW, TYP.
DECORATIVE SIGN BAND
DECORATIVE WALL SCONCE
ALUMINUM STOREFRONT
CAST STONE BASE
52'-6"
DECORATIVE METAL DOOR
METAL LOUVERS
8'-0"
10'-0"
10'-0"
8'-0"
8'-0"
8'-0"
68'-0"
1ST FLOOR
(8TH ST. PARKING)
4TH FLOOR F.F.
5TH FLOOR F.F.
PARAPET
2ND FLOOR
(10TH ST. PARKING)
6TH FLOOR F.F.
3RD FLOOR
8'-0"
BASEMENT
10'-6"
ROOF
52'-6"
12'-6"
DECORATIVE TRIM BOARD
CORRUGATED METAL PANEL,
TYP.
FIBER CEMENT PANEL
VINYL WINDOW, TYP.
METAL RAILING
DECORATIVE
TRIM BOARD
FIBER CEMENT
PANEL, TYP.
CORRUGATED METAL
PANEL, TYP.
VINYL WINDOW, TYP.
DECORATIVE
FIBERGLASS CORNICE
BRICK VENER, TYP.
DECORATIVE
WALL SCONCE
CAST STONE BASE
VINYL WINDOW, TYP.
FIBER CEMENT PANEL, TYP.
BRICK VENEER, TYP.
FIBER CEMENT LAP SIDING, TYP.
DECORATIVE ALUMINUM CORNICE
STUCCO, TYP.
GARAGE OPENING WITH RAILING, TYP.
8'-0"
10'-0"
8'-0"
8'-0"
8'-0"
8'-0"
55'-6"
9'-6"
4TH FLOOR F.F.
5TH FLOOR F.F.
PARAPET
2ND FLOOR
(10TH ST. PARKING)
6TH FLOOR F.F.
3RD FLOOR
ROOF
2'-0"
STUCCO, TYP.
GARAGE OPENING WITH RAILING, TYP.
FIBER CEMENT PANEL, TYP.
BRICK VENEER, TYP.
FIBER CEMENT LAP SIDING, TYP.
DECORATIVE ALUMINUM CORNICE
FIBER CEMENT LAP SIDING,
TYP.
VINYL WINDOW, TYP.
DECORATIVE FIBER GLASS
CORNICE
BRICK VENER, TYP.
BRICK VENEER, TYP.
METAL RAILING
DECORATIVE
FIBERGLASS
CORNICE
BRICK VENER, TYP.
VINYL WINDOW, TYP.
DECORATIVE ALUMINUM
CORNICE
DECORATIVE TRIM BOARD
1ST FLOOR
(8TH ST. PARKING)
FIBER CEMENT LAP
SIDING, TYP.
52'-6"
FIBER CEMENT
PANEL, TYP.
PROPOSED ELEVATIONS
NORTH WEST ELEVATION
1
CONSULTANTS:
ZONING BOARD
SET
THIS DOCUMENT IS THE EXCLUSIVE
PROPERTY OF INGLESE ARCHITECTURE +
ENGINEERING. THE DOCUMENT AND THE
INFORMATION IT CONTAINS MAY NOT BE
REPRODUCED OR USED FOR OTHER THAN
THE SPECIFIC PROJECT FOR WHICH IT WAS
PREPARED WITHOUT THE EXPLICIT CONSENT
OF INGLESE ARCHITECTURE + ENGINEERING.
Inglese Architecture
+ Engineering
t. 201.438.0081
www.inglese-ae.com
info@inglese-ae.com
150 Union Avenue
East Rutherford, NJ 07073
REVISIONS:
SHEET TITLE:
SHEET:
OWNER:
SUBMISSIONS:
JOHN INGLESE
NJ AI00846900
NJ GE02999700
JOAQUIN BOUZAS
NJ AI01637300
ALEXANDER MERLUCCI
NJ AI02002700
ANTHONY D'AGOSTA III
NJ AI02023700
A-2.00
Z:\2017\17018 - RPM UNION CITY RFP\2. DRAWINGS\4. PLANNING BOARD\SHEETS\1. ARCHITECTURAL\A-2.00.DWG\\\A-2.00
UNION CITY SENIOR HOUSING
NEW MIXED USE 100-UNIT BUILDING
WITH 2-LEVEL PARKING GARAGE AND RETAIL
720 8TH STREET BLOCK: 42 LOT: 9
UNION CITY, NJ
IAE PROJECT NO:
17018
ZONING BOARD
05.25.18
THE UNION CITY PARKING AUTHORITY
SOUTH EAST ELEVATION
2
8TH STREET ELEVATION
4
10TH STREET ELEVATION
3
Page | 48
EXHIBIT C
PROJECT SCHEDULE
Final Construction Plans shall be submitted to the City within 60 days of this Agreement.
Redeveloper to obtain relevant financing and government approvals in conjunction with
the land transfer to the Redeveloper five (5) months after execution of the Redevelopment
Agreement
Redeveloper to commence construction and achieve substantial completion and the City to
issue Certificate of Occupancy twenty-four (24) months after conclusion of the financing
and government approval.
City to issue Certificate of Completion one (1) month after the City issues the Certificate
of Occupancy.
Page | 49
EXHIBIT D
DECLARATION OF REDEVELOPER
COVENANTS AND RESTRICTIONS
THIS
DECLARATION
OF
REDEVELOPER
COVENANTS
AND
RESTRICTIONS
(this
“Declaration”)
is
entered
into
this
____
day
of
________________, 2023, by and between THE CITY OF UNION CITY, a public body
corporate and politic of New Jersey, having its principal office at 3715 Palisade Avenue,
Union City, New Jersey 07087 (the “City”), and 720 8TH STREET UNION CITY, L.P.,
a New Jersey limited partnership organized under the laws of the State of New Jersey,
having its principal office at 77 Park Street, Montclair, New Jersey 07042 (the
“Redeveloper”). The City and Redeveloper may individually be referred to herein as a
“Party” and collectively referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A: 12A-1 et
seq., as amended and supplemented (the “Redevelopment Law”), provides a process for
redevelopment entities to participate in the redevelopment and improvement of areas in
need of redevelopment; and
WHEREAS, the City and the Redeveloper have entered into that certain
Redevelopment Agreement of even date herewith, providing for the construction of the
Project in accordance with the Project Schedule set forth therein; and
WHEREAS, Section 7.04 of the Redevelopment Agreement requires that certain
covenants be memorialized in a Declaration of Redeveloper Covenants and Restrictions
and said Declaration be recorded in the office of the Hudson County Clerk.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Section 1.
Meaning and Terms. Defined terms not otherwise defined herein
shall have the meaning assigned to such terms in the Redevelopment Agreement.
Section 2.
Redeveloper Covenants. Subject to the conditions of the
Redevelopment Agreement, the Redeveloper covenants and agrees as follows:
(a)
The Redeveloper shall use diligent efforts to obtain all Governmental
Approvals necessary for the construction and development of the Project. The
Redeveloper shall construct, improve, operate and maintain the Project in compliance with
all Governmental Approvals, and other laws, ordinances, approvals, rules, regulations and
requirements applicable thereto including, but not limited to, such zoning, sanitary,
pollution and other environmental safety ordinances, laws and such rules and regulations
thereunder as shall be binding upon the Redeveloper under applicable laws;
Page | 50
(b)
The Redeveloper shall use commercially reasonable efforts to (i) obtain
financing for the Project, if and as needed, (ii) construct and develop the Project with all
due diligence, and (iii) commence and Complete the Project as well as each item in the
Project Schedule on or prior to the applicable date set forth in the Project Schedule and,
for those items for which commencement dates only are given, such items shall be
completed in a commercially reasonable period. All activities performed under this
Redevelopment Agreement shall be performed in accordance with the level of skill and
care ordinarily exercised by reputable developers of similar developments of the character,
scope and composition of the Project;
(c)
The Redeveloper shall construct the Project in accordance with the
Redevelopment Agreement, the Redevelopment Law, the uses permitted in the
Redevelopment Plan (as the same may be amended from time to time), and all other
Applicable Law and, in the event that the Redeveloper wishes to materially change or
modify the Project, notwithstanding the fact that such material change or modification is
authorized by the Redevelopment Plan, the City’s written approval (which shall not be
unreasonably withheld, conditioned or delayed) must be secured prior to proceeding with
any activities relating to such proposed material modifications. The Redeveloper
acknowledges that the City has relied on the Concept Plan and Project Schedule in entering
into its obligations under this Redevelopment Agreement.
(d)
The Redeveloper shall Complete the Project on or prior to the date set forth
in the Project Schedule at its sole cost and expense; however, that the Parties acknowledge
that moneys may be made available towards the Completion of same from other outside
sources. In the event that moneys made available pursuant to any outside source are not
sufficient to pay the costs necessary to Complete the Project, the Redeveloper shall not be
entitled to any funds from the City (except as otherwise expressly set forth in the
Redevelopment Agreement);
(f)
Upon completion of the development and Construction of the Project, the
Redeveloper shall use diligent efforts to obtain all Governmental Approvals authorizing
the occupancy and uses of the Project for the purposes contemplated hereby;
(g)
The Redeveloper shall not discriminate against or segregate any person, or
group of persons, on account of race, color, religion, creed, national origin, ancestry,
physical handicap, age, marital status, affectional preference or gender in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall the
Redeveloper itself, or any Person claiming under or through the Redeveloper, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees,
or vendees of the Project;
(h)
The Redeveloper shall not restrict the sale, lease, sublease, rental, transfer,
use, occupancy, tenure, or enjoyment of the Project on the basis of race, color, religion,
creed, national origin, ancestry, physical handicap, age, marital status, affectional
preference or gender of any person;
Page | 51
(i)
The Redeveloper shall immediately notify the City of any material change
in its financial condition from the information provided to the City by the Redeveloper
indicating the Redeveloper's financial capability to develop, finance and construct the
Project in furtherance of the City's consideration in designating the Redeveloper as the
redeveloper of the Project Area;
(j)
The Redeveloper shall not use the Project Area, Project, or any part thereof,
in a manner that is inconsistent with the Redevelopment Plan and this Redevelopment
Agreement; and
(k)
The Redeveloper shall not use the Project Area, Project, or any portion
thereof for which a Certificate of Completion has not been issued, as collateral for an
unrelated transaction.
(l)
The Redeveloper shall not sell, lease or otherwise transfer the Properties,
Project Area, or Project, or any part thereof, without the written consent of the City, except
for Permitted Transfers pursuant to Section 9.03 of the Redevelopment Agreement.
Section 3.
Effect and Duration of Covenants. It is intended and agreed that
the agreements and covenants set forth in Section 2 hereof shall be covenants running with
the land and that they shall, in any event, and without regard to technical classification or
designation, legal or otherwise, and except only as otherwise specifically provided in the
Redevelopment Agreement, be binding, to the fullest extent permitted by law and equity,
for the benefit and in favor of, and enforceable by, the City, its successors and assigns,
against the Redeveloper, its successors and assigns and every successor in interest therein,
and any party in possession or occupancy of the Project or any part thereof. However, such
agreements and covenants shall be binding on the Redeveloper itself, each successor in
interest to the Redeveloper and each party in possession or occupancy, respectively, only
for such period as the Redeveloper or such successor or party shall be a lessee or be in
possession or occupancy of the Project or any portion thereof. In addition, and
notwithstanding anything to the contrary in the Redevelopment Agreement, the
agreements and covenants set forth in Section 2 hereof shall automatically cease and
terminate as to the Project upon the issuance of a Certificate of Completion for the
improvements to be constructed as part of the Project; provided, however, that the
covenants in paragraphs (h) and (i) shall remain in effect without limitation as to time.
Without limiting the automatic termination of this Declaration as described in this Section,
upon request of the Redeveloper, upon the issuance of the Certificate of Completion or a
termination of the Redevelopment Agreement for any reason other than a default by the
Redeveloper, the City and the Redeveloper shall execute and record a termination of
Declaration of Redeveloper Covenants and Restrictions.
Section 4.
Enforcement by City. In amplification, and not in restriction, of
the provisions of this Declaration, it is intended and agreed that the City and its successors
and assigns shall be deemed beneficiaries of the agreements and covenants set forth in
Section 2 both for and in their own right but also for the purposes of protecting the interests
Page | 52
of the community and other parties, public or private, in whose favor or for whose benefit
such agreements and covenants shall run for the entire period during which such
agreements and covenants shall be in force and effect, without regard to whether the City
has at any time been, remains, or is an owner or any land or interest therein to or in favor
of which such agreements and covenants relate. The City shall have the right, in the event
of any breach of any such agreements or covenants, to exercise all the rights and remedies
and to maintain any actions or suits at law or in equity or other property proceedings to
enforce the curing of such breach of agreement or covenant, to which they or any other
beneficiaries of such agreement or covenant may be entitled, including terminating the
Redevelopment Agreement in accordance with the terms of Section 12.03 and/or
executing its right of reverter in accordance with the terms of Section 12.05 therein. In the
event of any attempted transfer in violation of the restrictions set forth in Section 2 hereof,
the City shall be entitled to the ex parte issuance of an injunction restraining such transfer,
and the award of legal fees and related expenses of the City in connection with any such
legal action.
Section 5. Redeveloper Indemnification. Pursuant to the terms of Section 10.01
of the Redevelopment Agreement, the Redeveloper covenants and agrees, at its expense,
to pay and to indemnify, protect, defend and hold the City, its Officials, employees,
servants, designees and agents (“City Indemnified Parties”) harmless from and against all
liability, losses, damages, demands, costs, claims, lawsuits, administrative proceedings,
fines, penalties, and expenses (including reasonable attorneys’ fees and court costs)
(collectively, “Losses”), resulting, wholly or partially, from the condition, use, possession,
conduct, management, planning, design, acquisition, construction, installation, financing,
leasing or sale of the Project, including, but not limited to, any lawsuit or proceeding
relating to the death of any person or any accident, injury, loss, and damage whatsoever
to any person or to the property of any person which shall occur on the Project Area and
which results from any negligence or willful misconduct of Redeveloper, its agents,
servants, employees, or contractors, but excluding Losses to the extent that same may
result, wholly or partially, from the negligence or willful misconduct of the City, its
employees, contractors, representatives or agents. Moreover, such obligation to indemnify
shall not apply to the actions or inactions of third-parties over whom the Redeveloper does
not exercise control, as long as the Redeveloper maintains and enforces commercially
reasonable security measures and commercial liability insurance to protect against such
third-party actions or inactions.
Page | 53
IN WITNESS WHEREOF, the Parties hereto have caused this Declaration to be
executed, all as of the date first above written.
Redeveloper:
720 8TH STREET UNION CITY, L.P.
By: RPM Partners VIII, L.L.C., its General
Partner
By: ____________________________
Name: Edward G. Martoglio
Title: Managing Member
STATE OF NEW JERSEY )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ______ day of
________________, 2023, by __________________________, a ____________ , by
________________________, its ____________________, on behalf of the company.
____________________________________
Notary Public
Commission Expiration: __________________
Page | 54
City:
THE CITY OF UNION CITY
By: __________________________
Brian P. Stack, Mayor
Page | 55
EXHIBIT E
Prepared by:
CERTIFICATE OF COMPLETION
This CERTIFICATE OF COMPLETION (“Certificate”) is dated as of the ___
day of _____________ 20__ and issued by the CITY OF UNION CITY, a municipal
corporation of the State of New Jersey with offices at 3715 Palisade Avenue, Union City,
New Jersey 07087 (the “City”) in accordance with the terms and conditions stated herein.
WHEREAS, the City and 720 8th Street Urban Renewal, L.P., entered into that
certain Redevelopment Agreement dated ___________________, 2023, pursuant to the
provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-a et seq., (the
“Redevelopment Agreement”); and
WHEREAS, the Redeveloper has obtained a Certificate of Occupancy from the
City issued on ___________, a copy of which is annexed hereto as Exhibit A; and
WHEREAS, in accordance with Section 8.01 of the Redevelopment Agreement,
the Redeveloper has requested the issuance of a Certificate of Completion for the Project
and the City has agreed to the same in accordance with the terms of this resolution and in
the Certificate of Completion.
NOW, THEREFORE, for and in consideration of the representations, covenants
and agreements herein set forth and in the Redevelopment Agreement, the City does hereby
certify that:
1.
The acquisition, construction and installation of the Project has been
completed by the Redeveloper in accordance with the terms of the Redevelopment
Agreement, and the plans and specifications applicable thereto. In connection with the
foregoing, the Redeveloper has performed all of its duties and obligations under the
Redevelopment Agreement and has completed construction in accordance with the
requirements of the Redevelopment Agreement.
2.
The Redeveloper’s construction of the Project was completed.
3.
The recording of this Certificate of Completion shall constitute a conclusive
determination of the satisfaction and termination of the agreements and covenants in the
Redevelopment Agreement and under the Redevelopment Plan, as amended, with respect
to the obligations of the Redeveloper to construct the Project.
4.
The recording of this Certificate of Completion shall be conclusive that the
conditions determined to exist on the Property that were the cause of its being determined
to be in need of redevelopment shall be deemed to no longer exist, and the land and
Page | 56
improvements constituting the Project shall no longer be subject to eminent domain, and
the Redeveloper shall be released from the prohibition against assignment and transfer set
forth in the Redevelopment Agreement. The Redeveloper has the right to sell, lease or
otherwise transfer its interest in the Property and all structures and improvements thereon
and of such portion of the Project without any limitation or restriction.
5.
This Certificate of Completion shall not relieve the Redeveloper of its
obligations established under its Declaration of Deed Restriction governing the affordable
housing units on the Property, which survive the termination of the Redevelopment
Agreement.
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned has hereunto set his hand on behalf of the
City of Newark, this ____ day of _____________________202__.
ATTEST:
_____________________________
THE CITY OF UNION CITY
By:__________________________________
ACKNOWLEDGMENT
STATE OF NEW JERSEY )
) ss.
COUNTY OF HUDSON
)
I CERTIFY that on this ___ day of __________________202_, _________________,
personally came before me, and this person acknowledged under oath, to my satisfaction, that:
(a)
he/she is the ____________ of the City of Union City, the City named in this
document;
(b)
he/she is authorized to and did execute this document on behalf of the City; and
(c)
this document was signed and delivered by the City as its voluntary act duly
authorized by a proper resolution of its governing body.
Signed and sworn to before me on
_____ day of _______________________202_
____________________________________
EXHIBIT F
INCUMBENCY CERTIFICATE
Each of the undersigned hereby certifies the following in connection with 720 8TH STREET
UNION CITY, L.P, a New Jersey limited partnership organized under the laws of the State of
New Jersey (the “Partnership”):
1. The undersigned is a general partner of the Partnership and has full right, power and authority
to issue this certification in its sole capacity.
2. The following persons are now duly elected and qualified general partners of the Partnership
holding the positions indicated next to their respective names below, and the signatures
appearing opposite their respective names below are true and genuine signatures of such
persons, and each of such persons, acting along, is duly authorized to execute and deliver on
behalf of the Partnership any certificate or other document to be delivered by the Partnership
related to the Letter of Credit.
Name
Title
Signature
Edward G. Martoglio
Managing Member
3. The execution, delivery and performance of this Certificate are within the undersigned's
powers, have been duly authorized, and are not in conflict with nor constitute a breach of any
provision contained in the Partnership's partnership agreement, nor will they constitute an
event of default under any material agreement to which the undersigned is a party or by which
the undersigned is bound. No consent from any other party is required to execute this
Certificate.
IN WITNESS WHEREOF, this Agreement is made and entered by the Parties hereto,
intending to be legally bound, on the day and year first above written.
Witness/Attest:
720 8TH STREET UNION STREET, L.P.
By: RPM Partners VIII, L.L.C., its General Partner
________________________________
By: _______________________________
Edward G. Martoglio, Sole Member
Dated: _______________
EXHIBIT G
AGREEMENT FOR PAYMENT IN LIEU OF TAXES
DRAFT - for discussion purposes only and subject to change
MULTIFAMILY CASH FLOW
DEVELOPMENT: Union City
Annual % of Rent Increase:
3.00%
Permanent Mortgage (1st Note)
10,041,266
2nd Note/Mortgage(Amortizing)
DEVELOPMENT: Union City
HMFA #: 7800
Annual Expense Increase:
4%
Interest Rate:
6.15
Interest Rate:
0.000000
HMFA #: 7800
LOAN OFFICER: Chalyn Toon
Vacancy:
5.00
$87,454
Term:
32
Term in Years:
0
LOAN OFFICER: Chalyn Toon
DATE:
6/12/23
Commercial Rent Increase:
Annual Payment:
718,435
Annual Payment:
$0.00
DATE:
6/12/23
Number of
Number of
Unit
Gross
Target
Commercial Vacancy:
50.00 %
Servicing Fee:
0.400
40,165
Servicing Fee:
$0
Bedrooms
Units
Sq.Ft.
Rent
Occupancy
Tenant
Net.
Monthly
Annual
MIP:
0.000
0
$0
Paid Utilities
Rent
Rent
Rent
1
6
656
1,239 DDD
60
1,179
7,074
84,888
1
2
923
1,821 PBV 30% Low
60
1,761
3,522
42,264
FRM-CDBG
1,500,000
1
3
0
1,239 SN-DDD
60
1,179
3,537
42,444
PILOT Calculation
Year 1
Interest Rate Annually:
1
2
0
1,239 SN-DDD
60
1,179
2,358
28,296
Rental Income
First Years Balance:
1,500,000
0
0
0
0
0
0
0
0
0
Gross Rental Income
1,749,072
1
26
0
860 57.5% AMI
60
800
20,800
249,600
Less: Vacancy
-87,454
1
41
0
1,821 57.5% AMI (PB
60
1,761
72,201
866,412
Net Rental Income
1,661,618
0
0
0
0
0
0
0
0
0
Less: Owner-pd Utilities
-76,777
1
16
0
1,821 57.5% AMI (PB
60
1,761
28,176
338,112
Basis for PILOT Calc.
1,584,842
2
4
0
2,088 57.5% AMI (PB
66
2,022
8,088
97,056
PILOT Rate
1.00
0
0
0
0
0
0
0
0
0
PILOT Payment Estimate
$15,848
0
0
0
0
0
0
0
0
0
Commercial:
Square Ft.
0
0
0
0
0
0
0
0
0
Gross Commercial Income
33,075
26,316
0
0
0
0
0
0
0
0
0
Less: Vacancy
(
16,537.50 )
Commercial
0
0
0
0
0
0
0
0
0
Net Commercial Income
16,538
$/sq. ft.
0
0
0
0
0
0
0
0
0
PILOT Rate
1.00%
$1
0
0
0
0
0
0
0
0
0
PILOT Payment Estimate
165
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
1
0
0
0
0
0
0
Total
101
1,749,072
%
PROJECTIONS
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16
Year 17
Year 18
Year 19
Year 20
Year 21
Year 22
RENTAL INCOME
Apartment Rents
1,749,072
1,801,544
1,855,590
1,911,258
1,968,596
2,027,654
2,088,483
2,151,138
2,215,672
2,282,142
2,350,607
2,421,125
2,493,758
2,568,571
2,645,628
2,724,997
2,806,747
2,890,950
2,977,678
3,067,008
3,159,019
3,253,789
Less Vacancy Loss
5 %
-87,454
-90,077
-92,780
-95,563
-98,430
-101,383
-104,424
-107,557
-110,784
-114,107
-117,530
-121,056
-124,688
-128,429
-132,281
-136,250
-140,337
-144,547
-148,884
-153,350
-157,951
-162,689
NET APT. RENTS
1,661,618
1,711,467
1,762,811
1,815,695
1,870,166
1,926,271
1,984,059
2,043,581
2,104,888
2,168,035
2,233,076
2,300,068
2,369,071
2,440,143
2,513,347
2,588,747
2,666,410
2,746,402
2,828,794
2,913,658
3,001,068
3,091,100
Commercial Income
$33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
Garage & Parking
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Less Commerical Vacancy
0.50
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
NET COMMERCIAL RENTALS
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
TOTAL RENTAL INCOME:
1,678,156
1,728,004
1,779,348
1,832,233
1,886,704
1,942,809
2,000,597
2,060,119
2,121,426
2,184,573
2,249,614
2,316,606
2,385,608
2,456,680
2,529,884
2,605,285
2,682,947
2,762,940
2,845,332
2,930,195
3,017,605
3,107,637
OTHER INCOME
Laundry Machines
$6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
Other:
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL OTHER INCOME
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
TOTAL REVENUE
1,684,467
1,734,315
1,785,659
1,838,544
1,893,015
1,949,120
2,006,908
2,066,430
2,127,737
2,190,884
2,255,925
2,322,917
2,391,919
2,462,991
2,536,195
2,611,596
2,689,258
2,769,251
2,851,643
2,936,506
3,023,916
3,113,948
Yearly
OPERATING EXPENSES
Per Unit Cost
Administrative
$617
62,290
64,782
67,373
70,068
72,871
75,786
78,817
81,970
85,249
88,659
92,205
95,893
99,729
103,718
107,867
112,182
116,669
121,336
126,189
131,237
136,486
141,946
Salaries and Benefits
$2,350
237,375
246,870
256,745
267,015
277,695
288,803
300,355
312,369
324,864
337,859
351,373
365,428
380,045
395,247
411,057
427,499
444,599
462,383
480,878
500,113
520,118
540,922
Miantenance & Repairs
$1,514
152,872
158,987
165,346
171,960
178,839
185,992
193,432
201,169
209,216
217,585
226,288
235,339
244,753
254,543
264,725
275,314
286,326
297,779
309,691
322,078
334,961
348,360
Maintenance Contracts
$575
58,083
60,407
62,823
65,336
67,949
70,667
73,494
76,434
79,491
82,671
85,978
89,417
92,993
96,713
100,582
104,605
108,789
113,141
117,666
122,373
127,268
132,358
Utilities
$760
76,777
79,848
83,042
86,363
89,818
93,411
97,147
101,033
105,074
109,277
113,648
118,194
122,922
127,839
132,952
138,270
143,801
149,553
155,535
161,757
168,227
174,956
Management Fee
73.00
$88,476
88,476
91,130
93,864
96,680
99,581
102,568
105,645
108,814
112,079
115,441
118,904
122,471
126,146
129,930
133,828
137,843
141,978
146,237
150,624
155,143
159,797
164,591
PILOT on Housing
1.00
$157
15,848
16,545
17,026
17,522
18,032
18,557
19,098
19,654
20,227
20,816
21,423
22,047
22,690
23,352
24,032
24,733
25,455
26,197
26,961
27,747
28,557
29,390
Insurance
$800
80,800
84,032
87,393
90,889
94,525
98,306
102,238
106,327
110,580
115,004
119,604
124,388
129,363
134,538
139,919
145,516
151,337
157,390
163,686
170,233
177,043
184,124
Replacement Reserves
$390
$39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
PILOT on Comm.
1.00%
$2
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
165
TOTAL EXPENSES
812,077
842,156
873,168
905,389
938,864
973,645
1,009,781
1,047,326
1,086,335
1,126,866
1,168,978
1,212,733
1,258,197
1,305,435
1,354,517
1,405,517
1,458,509
1,513,572
1,570,786
1,630,237
1,692,013
1,756,204
Total Per Unit Cost
8,040
8,338
8,645
8,964
9,296
9,640
9,998
10,370
10,756
11,157
11,574
12,007
12,457
12,925
13,411
13,916
14,441
14,986
15,552
16,141
16,753
17,388
Expense/Income Ratio
0.48
0.49
0.49
0.49
0.50
0.50
0.50
0.51
0.51
0.51
0.52
0.52
0.53
0.53
0.53
0.54
0.54
0.55
0.55
0.56
0.56
0.56
INCOME AVAIL. FOR DEBT
872,390
892,160
912,491
933,155
954,150
975,475
997,127
1,019,104
1,041,402
1,064,018
1,086,947
1,110,184
1,133,722
1,157,556
1,181,678
1,206,079
1,230,749
1,255,679
1,280,856
1,306,269
1,331,904
1,357,745
Debt Service-1st Mortgage
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
Debt Service-2nd Note
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Debt Service
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
Debt Service Ratio
1.15
1.18
1.20
1.23
1.26
1.29
1.31
1.34
1.37
1.40
1.43
1.46
1.49
1.53
1.56
1.59
1.62
1.66
1.69
1.72
1.76
1.79
DSR from Operations and Reserve
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
CASH FLOW After Debt Service
113,790
133,560
153,891
174,555
195,550
216,875
238,527
260,504
282,802
305,418
328,347
351,584
375,122
398,956
423,078
447,479
472,149
497,079
522,256
547,669
573,304
599,145
Deferred Developer Fe 100
%
113,790
133,560
153,891
174,555
195,550
216,875
238,527
260,504
39,248
HMFA Soft Loan R
50 %
121,777
152,709
164,173
175,792
187,561
199,478
211,539
223,739
236,075
248,539
261,128
273,835
286,652
299,572
Remaining Cash Flow
0
0
0
0
0
0
0
0
121,777
152,709
164,173
175,792
187,561
199,478
211,539
223,739
236,075
248,539
261,128
273,835
286,652
299,572
1,526,500
1,526,500
OPERATING RESERVE:
Beginning Reserve Balance
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Interest Income
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Less Neg. Cash Flow
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Ending Reserve Balance
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
23-0613-Union City DOICash Flow 6/14/2023
DRAFT - for discussion purposes only and subject to change
MULTIFAMILY CASH FLOW
Year 23
Year 24
Year 25
Year 26
Year 27
Year 28
Year 29
Year 30
3,351,403
3,451,945
3,555,503
3,662,168
3,772,033
3,885,194
4,001,750
4,121,803
-167,570
-172,597
-177,775
-183,108
-188,602
-194,260
-200,088
-206,090
3,183,833
3,279,348
3,377,728
3,479,060
3,583,432
3,690,935
3,801,663
3,915,713
33,075
33,075
33,075
33,075
33,075
33,075
33,075
33,075
0
0
0
0
0
0
0
0
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
(16,538)
16,538
16,538
16,538
16,538
16,538
16,538
16,538
16,538
3,200,370
3,295,885
3,394,266
3,495,597
3,599,969
3,707,472
3,818,200
3,932,250
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
0
0
0
0
0
0
0
0
6,311
6,311
6,311
6,311
6,311
6,311
6,311
6,311
3,206,681
3,302,196
3,400,577
3,501,908
3,606,280
3,713,783
3,824,511
3,938,561
147,623
153,528
159,669
166,056
172,698
179,606
186,791
194,262
562,559
585,062
608,464
632,803
658,115
684,439
711,817
740,290
362,294
376,786
391,857
407,532
423,833
440,786
458,418
476,754
137,653
143,159
148,885
154,841
161,034
167,476
174,175
181,142
181,954
189,233
196,802
204,674
212,861
221,375
230,230
239,440
169,529
174,615
179,853
185,249
190,807
196,531
202,427
208,499
30,247
31,130
32,038
32,972
33,934
34,924
35,943
36,991
191,489
199,149
207,115
215,400
224,016
232,976
242,295
251,987
39,390
39,390
39,390
39,390
39,390
39,390
39,390
39,390
165
165
165
165
165
165
165
165
1,822,905
1,892,217
1,964,240
2,039,082
2,116,853
2,197,670
2,281,651
2,368,921
18,049
18,735
19,448
20,189
20,959
21,759
22,591
23,455
0.57
0.57
0.58
0.58
0.59
0.59
0.60
0.60
1,383,776
1,409,980
1,436,337
1,462,827
1,489,427
1,516,114
1,542,861
1,569,640
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
0
0
0
0
0
0
0
0
758,600
758,600
758,600
758,600
758,600
758,600
758,600
758,600
1.82
1.86
1.89
1.93
1.96
2.00
2.03
2.07
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
625,176
651,380
677,737
704,227
730,827
757,514
784,261
811,040
312,588
325,690
338,868
352,113
365,413
378,757
392,130
405,520
312,588
325,690
338,868
352,113
365,413
378,757
392,130
405,520
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
23-0613-Union City DOICash Flow 6/14/2023
EXHIBIT H
RESOLUTION OF CITY AUTHORIZING ENTRY INTO
REDEVELOPMENT AGREEMENT
EXHIBIT I
PROJECT COSTS
DRAFT - for discussion purposes only and subject to change
5:41 PM
Date Action Taken
x
Inducement
6/15/23
If a Closing Other Than Final -
X
Commitment
7/27/23
Indicate Type By Date
HMFA#
Re-Commitment
Special Needs:
Date:
Mtg. Extension
Other:
Prepared by:
Bond Sale
Other:
Reviewed by:
Final Closing
Zip Code:
Municipality
Block No.
Lot No.
County
Type of Development
Type of Construction
Term of Mortgage (in years):
32
(Select either Family or Senior Citizens (NOT BOTH))
Family
New Construction
x
Mortgage Interest Rate:
6.150%
Senior Citizens
x
Modular
Provide the following:
Moderate Rehabilitation
Legislative District:
33
Substantial Rehab.
Congressional District:
8
Conversion
The Project is in a:
Y or N
Census Tract:
176.00
Rehabilitation/Occupied
QCT
y
Historic
Smart Growth
y
No. of dwelling units
101
Planning Area:
metro
No. of occupied units
Parking
(designate area)
No. of Special Needs units
11
Special Needs Population
Disabled Individuals
Total Number of Parking Spaces
130
Construction Term
28 (mos.)
Ratio of parking to D.U.'s
1.29 : 1
ENTER DOLLAR AMOUNT
Rent-up Period
8 (mos.)
Type of Financing
Type of Subsidy
Tax Exempt
x
750,000
Type of Loan
Taxable
AHGS
$
1,500,000
Tax Credits
Check One
Amount of AHGSP/Unit:
14,851
Construction Loan
4%
X
Construction & Permanent Loan
9%
Fire Supression
$
Permanent Loan Only
x
Historic
AHPF
$
3,703,195
Affordability - Check One
Amt. Of AHPF/Unit:
36,665
** 40% AT 60%
x
Other
$
Cost Summary
*** 20% AT 50%
Income Averaging
Cost of Land and/or Improvements
per DU
per Sqft.
Construction Cost
$349,591 per DU
$246 per Sqft.
Total Project Cost
$529,039 per DU
$372 per Sqft.
Types of
No. of
Unit Type
Average
Net
Residential
No. of
Stories
(No. of
Unit Size
No. of
Rentable
Structures*
Bldgs.
Each
BR's)
in Sq. Ft.
Units
= Area
Hi-Rise
1
5
1
656
96
62,976
$53,432,965
2
923
5
4,615
$1,289,485
$1,526,500
$400,000
=
$50,216,980
$497,198
Basement/Crawl Space
****Garage Parking
Garage & Parking
47,479
Commercial Space
USPS, TBD
2,100
Common/Other Space
lobby, utilities, hallways, laundry
26,316
Totals
1
101
143,486
*Low - Rise (1 - 4), Mid/Hi - Rise (5 + stories), Townhouse or Semi-detached
** 40-60 set-aside means 40% or more of the residential units will be restricted and occupied by households whose income is 60% or less than the area median income.
*** 20-50 set-aside means 20% or more of the residential units will be rent restricted and occupied by households whose income is 50% or less of area median income.
****Includes only parking beneath the building and/or parking structure
Deferred Developer Fee
Community Building
Cost Per DU
42.00
Project Name
Project Street Address
Union City
7/6/23
Hudson
NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY
MULTI-FAMILY - with or without TAX CREDITS
SCHEDULE 10-A: PROJECT DESCRIPTION PERMANENT ONLY LOAN
7800
Union City
720 8th Street
9.0000
Total Project Cost
Minus Eligible Costs:
Reserves
Chalyn Toon
07087
Special Needs Program Funds $
Money Follows the Person
Union City CommitmentFORM-10 (A-F) 7/12/2023
This memorandum contains advisory, consultative and deliberative materials and is intended for the person(s) named as recipient(s).
REV. 3/27/19
DRAFT - for discussion purposes only and subject to change
5:41 PM
SCHEDULE 10-B: EST. DEVELOPMENT COSTS AND CAPITAL REQUIREMENTS
HMFA# 7800
x
Inducement
Prepared by: Chalyn Toon
X
Commitment
Reviewed by:
Re-Commitment
Director of Technical Services
Mtg. Extension
Date
Bond Sale
Director of Multifamily
Closing
Date
Managing Director of Multifamily
Will loan/s be repaid from project revenues?
1. SOURCES OF FUNDS DURING CONSTRUCTION:
Enter the total
(If Source is a grant, enter "G".)
Loan Amount Here Y, or N, or G
a)
$
39,963,261
b)
$2,014,452
2,014,452
$
514,096
c)
$
1,700,000
d)
$
750,000
f)
$
3,703,195
g)
$
850,000
h)
$
3,053,000
TOTAL SOURCES OF CONSTRUCTIONS FUNDS:
$
50,533,552
2. USES of FUNDS DURING CONSTRUCTION:
% of Cons't Cost
A. ACQUISITION COSTS:
OR Cost/Unit
a) Land
@ ( $
per Acre)
$
b) Building Acquisition
Should be between $15,000 & $25,000 per units
c) Relocation
d) Other:
B. CONSTRUCTION COSTS
Total Acquisition as a percent of Total Project Costs:
a) Demolition
$
b) Off-site Improvements
c) Residential Structures (including all on-site improvement)
28,120,188
d) Community Building
400,000
e) Environmental Clearances
f) Surety & Bonding
should be between .75% and 2% of Construction Costs
g) Building Permits
h) Garage Parking
garage should be approx $15,000/space; parking lot around $700/space
2,452,310
$18,864
i) General Requirements
should be about 6% of construction costs
1,858,350
6.00%
j) Contractor Overhead & Profit -should not exceed 8% of construction costs - usually 2% for Overhead & 6% for Profit
2,477,800
8.00%
k) Other
l) Other
Total Cons't Costs as a percent of Total Project Costs:
69.38%
35,308,648
C. DEVELOPERS FEE - CONSTR/REHAB
6.24%
3,053,000
DEVELOPERS FEE - BUILDING
3,053,000
D. CONTINGENCY
Non-Deferred Amt:
$1,526,500 3.12%
a) Hard Costs
5.000% 5% for New Construction & 10% for Rehabilitation
1,765,432
b) Soft Costs
1.150% should be a Maximum of 5%
271,143
2,036,575
E. PROFESSIONAL SERVICES
a) Appraisal & Market Study
$
31,000
b) Architect
565,500
c) Site Engineer
181,800
d) Attorney
450,000
e) Cost Certification/Audit - should not exceed $35,000
35,000
f) Environmental Consultant
75,000
g) Historical Consultant
h) Geotechnical Consultant
12,500
i) Green Consultant
50,000
j) Professional Planner
k) Surveyor
45,400
l) Other LEED
Total Professional fees as a % of Total Project Costs:
2.71%
1,446,200
F. PRE-OPERATIONAL EXPENSES *
* Non-eligible costs in TC basis
a) Operator fees (pre-construction completion) *
Should not exceed $250 per unit
$
b) Advertising and Promotion (pre-construction completion)*
86,000
c) Staffing and Start-up Supplies (pre-construction completion)*
d) Other: * Misc. applications/origination costs filing fees/UPS charges
15,000
e) Other: * HMFA Application Fees
Total Pre Opt Costs as a % of Total Project Costs:
0.21%
9,000
110,000
G. CARRYING AND FINANCING COSTS DURING CONSTRUCTION
(percentage of total development costs)
16.06%
a) Interest @
8.6431 % for (
36 mos.) on $
29,300,000
5,866,962
a)SNHTF FEE @
3.0000 % for (
750,000
22,500
b) R.E. Tax $
36,442 (per annum) x
3.00 Yrs.
109,326
c) Insurance $
99,934 (per annum) x
3.00 Yrs.
299,802
d) Title Insurance and Recording Expenses
225,000
e) Utility Connection Fees INCLUDED IN GC CONTRACT
315,518
f) Other Lender's Points (ASPIRE FEES)
505,000
Deferred Developer's Fee
NJHMFA AHPF
Union City Affordable Housing Trust Fund
Citi Construction Loan
Hudson County HOME
NJHMFA SZL
Chief of Multifamily
SNHTF
Non-Deferred Amt on Building Acq Not to Exceeed 2% :
HMFA Policy is that the Developer fee is earned as a percentage of
construction completion.
Union City CommitmentFORM-10 (A-F) 7/12/2023
This memorandum contains advisory, consultative and deliberative materials and is intended for the person(s) named as recipient(s).
REV. 3/27/19
DRAFT - for discussion purposes only and subject to change
5:41 PM
g) Other Lender Construction Financing Fee
399,633
h) Tax Credit Fees
If the HMFA will be selling Bonds for the project either before or during the
162,727
i) Negative Arbitrage (if Bonds are sold during Construction)
time the Development is under construciton, these costs
547,660 (ESTIMATE)
j) Cost of Issuance (If Bonds are sold during Construction)
should be accounted for during the construction period.
(ESTIMATE)
k) Furniture, Fixtures & Equipment (FF&E)
125,000
Total Carrying/Fin. Costs as % of Total Project Costs:
16.06%
8,579,128
3. USES OF FUNDS DURING CONSTRUCTION:
$
50,533,552
4. BALANCE OF FUNDS NEEDED FOR CONSTRUCTION (overage / shortage):
$
0
PERMANENT LOAN CLOSING
5. SOURCES OF FUNDS FOR PERMANENT FUNDING:
Y, or N, or G
a)
Y
$
10,128,435
b)
$
17,254,589
c)
$
2,256,577
d)
$
12,731,127
e)
$
12,731,127
f)
16,272,680
$
1,090,318
g)
$
117,163
h)
$
TOTAL SOURCES FOR PERMANENT CLOSING:
$
56,309,336
6. USES of FUNDS FOR PERMANENT CLOSING:
A. DEVELOPER'S FEE:
$
1,526,500
B. HMFA Points (to reduce annual servicing fee)*
2.00% on $
10,128,435
202,569
202,569
C. HMFA Second Note Financing Fee
2.00% on $
17,254,589
345,092
345,092
D.
on $
E. CONSTRUCTION LOAN PAYOFF:
$
39,963,261
F. Citi Perm-Subordinate Loan Payoff with Aspire Credits
on $
$
12,731,127
G. Negative Arbitrage
(ESTIMATE)
(List Daily Amount)
H. Cost of Issuance
(ESTIMATE)
I. Reimbursement of any Indemification Fee not dedicated to other costs
J. TAX CREDIT FEES
162,727
K. R.E. Taxes due & Payable at Closing
L. Title Insurance
# of days
(List Daily Amount)
M. HMFA Loan per diem interest on NOTE I (if applicable)
on $
N. Outstanding Payments to Professional & Sub-contractors
O. Payment and Performance Bond, 30% Warranty Bond, or 10% Letter of Credit
P. Other Fees:
Aspire Conversion Fee
88,575
Q. ESCROW REQUIREMENTS:
Total Costs@ PermClosing as%of Total Project Costs:
28.18%
1) Working Capital Escrow
a) Debt Service & Operating Expenses
788,670
b) Rental Agent Rent-up Fee (during Rent-up)
c) Advertising and Promotion (during Rent-up)
2) Other Escrows
a) Insurance (1/2 YR.)
$
40,400
b) Taxes (1 Qtr.)
$
3,981
c) Debt Service Payment & Servicing Fee for 1 Month
$
63,765
d) Mortgage Insurance Premium (MIP) 1 year plus 3 months
$
e) Repair & Replacement Reserves
$
f) HMFA Operating Deficit Reserve
$
g) Other:
Operating Reserv
Lihtc 4$
392,669
h) Other:
Total Escrows as a % of Total Project Costs:
2.41%
Lihtc 4$
7. USES OF FUNDS FOR PERMANENT CLOSING
$
56,309,336
8. BALANCE NEEDED TO CLOSE (overage / shortage):
$
0
9. TOTAL PROJECT COSTS
$
53,432,965
10. MAXIMUM MORTGAGE LOAN
18.96 % of Item 10
$
10,128,435
11. 55% of Basis Test:
Aggregate Basis:
$
49,787,316 Check each line item for Eligibility
55% of Basis (estimated):
27,383,024
Less 1st Mtg., 1st Note:
10,128,435
Equals 1st. Mtg., 2nd Note Needed:
17,254,589
12. REPAYMENT OF SECOND NOTE (IFAPPLICABLE)
List Source
$
592,326 Lihtc Equity 1 @ Closing and 2 Install @Construction Completion October 31, 2025
Principal $
17,254,589
$
$11,495,021 Lihtc Equity 3rd Install @ Permanent Conversion February 28, 2026
Interest @
4.70%
(
12 ) mos. $
810,966
$
2,977,852 Lihtc Equity 4th Install @ Stabilization April 30, 2026
$
1,500,000 AHGS
$
1,500,356 HOME
Total $
18,065,555
Total $
18,065,555
$
0
NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY
By:
By:
(Developer or Authorized Signatory)
NJHMFA Executive Director or Designee
EDA Aspire Credits (Issued over a 10yr period) purchased by Citi
Lihtc Equity 4th Install @ Stabilization April 30, 2026
Lihtc Equity 5th Install @ 8609
HMFA 1st Mortgage, NOTE I
HMFA 1st Mortgage, NOTE II
Aspire Year 1
Citi Perm-Subordinate Loan
Union City CommitmentFORM-10 (A-F) 7/12/2023
This memorandum contains advisory, consultative and deliberative materials and is intended for the person(s) named as recipient(s).
REV. 3/27/19
DRAFT - for discussion purposes only and subject to change
5:41 PM
SCHEDULE 10-C: OPERATING EXPENSES
Borrowing Entity: 720 8th Street Union City URA, LP
HMFA#
7800
Dev. Name: Union City
Prepared by:
Chalyn Toon
07/06/23
Reviewed by:
(Director of Asset Management)
Date
I. ADMINISTRATIVE EXPENSE
II. SALARIES &
# of
Total Wages
RELATED CHARGES
Employees
inc benefits
Stationery & Suppl.
1,879
Superintendent
52,624
Telephone
4,801
Janitorial
Dues & Sub.
Grounds & Landscaping
Postage
1,580
Security
Insp. & Other Fees
8,500
Social Services
Advertising
3,000
Site Office & Admin
Legal Services
5,000
Maintenance
17,000
Auditing (Year End)
13,840
Other Salaries:
47,840
Soc. Serv. Suppl.
Empl. Benefits
22,250 (15% - 30% of total salaries)
Misc. Adm. Expenses
9,167
Empl. Payroll Taxes
84,500 (10% of total salaries)
Bookkeeping/Accounting
Worker's Comp.
13,161 (2% - 3% of total salaries)
and/or Computer Charges
8,835
Other:
Other:
5,688
TOTAL $
237,375
TOTAL $
62,290
III. MAINTENANCE AND REPAIRS
IV. MAINTENANCE CONTRACTS
Masonary
4,812
Security
1,500
Carpentry
4,951
Elevator
14,000
Plumbing
6,705
Rubbish Removal
14,500
Electrical
8,051
Heating & AC Maint.
300
Kitchen Equipment
1,015
Grounds, Parking & Landscaping
Elevator
Exterminating
16,000
Windows & Glass
1,450
Cyclical Apt. Painting
11,783
Vehicles & Equip.
Other:
Snow Removal
Grounds & Landscaping
38,279
TOTAL $
58,083
Paint & Dec. Supl.
49,338
Small Equip. & Tools
2,575
V. UTILITY EXPENSE
Janit. Sup. & Tools
11,143
HVAC Supplies
3,786
Water Charges
19,558
Misc. Maint. Suppl.
5,196
Sewer Charges
26,038
Other:
15,571
Electricity
29,769
Gas
1,412
TOTAL $
152,872
Fuel
Less Solar Energy Savings
Union City CommitmentFORM-10 (A-F) 7/12/2023
This memorandum contains advisory, consultative and deliberative materials and is intended for the person(s) named as recipient(s).
REV. 3/27/19
DRAFT - for discussion purposes only and subject to change
5:41 PM
TOTAL $
76,777
VI. REAL ESTATE TAX CALCULATION FOR TAX ABATEMENT
Gross Rents
$
1,757,124
Less Vacancy
( - )
87,856
Less Utilities (if applicable)
( - )
76,777
Gross Sheltered Rents
$
1,592,491
x Rate
x
1.00 %
ACTUAL TAXES
Real Estate Taxes
$
15,925
OR
IF NO P.I.L.O.T.
SCHEDULE 10-D : ANTICIPATED GROSS RENTS
Mortgage Amount
10,128,435
HMFA #
7800
Mortgage Interest Rate
6.15 %
Prepared by:
Chalyn Toon
07/06/23
Term (years)
32 Yrs. The Interest rate has been
Reviewed by:
Amortization (Y,S,M)
m
reduced by:
basis points
Date
FMR Area
Hudson
as the Cost-of-Issuance is being
paid out-of-pocket by the sponsor.
Date of Income Limits Chart Used:
04/18/22
Date of Utility Chart Used: EAM
ANTICIPATED GROSS RENTS:
Allowance for
No. of
No. of
Target **
Gross
Tenant Paid
Square Feet of
Bedrooms
Units
Occupancy
Rent
Utilities***
Net Rent
Monthly
Annual
Individual Units
1
6 DDD
1,300
60
1,240
7,440
89,280
1
2 30% AMI (PBV)
1,821
60
1,761
3,522
42,264
1
3 SN-DDD
1,300
60
1,240
3,720
44,640
1
2 SN-DDD
1,300
60
1,240
2,480
29,760
1
26 57.5% AMI
860
60
800
20,800
249,600
1
41 57.5% AMI (PBV
1,821
60
1,761
72,201
866,412
1
16 57.5% AMI (PBV
1,821
60
1,761
28,176
338,112
2
4 57.5% AMI (PBV
2,088
66
2,022
8,088
97,056
Super's Apt.*
2
1
TOTALS
101
146,427
Anticipated Annual Gross Rents
1,757,124
*
Indicate on a separate line which apartment is for the Superintendent.
If it's rent-free, put $0 in the Rent column.
**
Indicate "Low", "Mod" or "Mkt" AND the percentage of median income.
NOTE: The percentage listed in this section is merely the percentage of the Gross Rent
Low Income - 50% or less of median income
as to the applicable Area Median Income.
Moderate Income - 50% to 80% of median income
Market Income - 80%+ of median income
NOTE: For Underwriting Purposes Only, Target Occupancy is based on (1) person per Bedroom
***
Where tenants pay their own utilities, a "utility allowance" must be subtracted
from the maximum chargeable rent when determining their rental charge.
EQUIPMENT AND SERVICES
Gas, Electric
Paid by
(a)
Equipment:
(b)
Services:
or Oil
Tenant
Ranges
X
Heat
G
I
Y
Refrigerator
X
Hot Water
G
M
N
Air Conditioning
X
Cooking
G
I
Y
Laundry Facilities
Air Conditioning
E
I
Y
Disposal
Household Electric
I
Y
Dishwasher
X
Water
M
N
Carpet
X
Sewer
M
N
Drapes
Parking
Swimming Pool
Other:
Tennis Court
Other:
Other:
UTILITY ALLOWANCE METHODS (Yes or No)
DCA Utility Allowance Chart
Utility Company Estimates
HUD Utility Schedule Model
Energy Consumption Model
COMMERCIAL SPACE
(Include all utility costs associated with the commercial space in your description)
SCHEDULE 10-E : SUMMARY OF ANTICIPATED ANNUAL INCOME AND EXPENSES
Borrowing Entity: 720 8th Street Union City URA, LP
HMFA# 7800
Prepared by:
Chalyn Toon
07/06/23
Dev. Name:
Union City
Reviewed by:
(Director of Asset Management - Expenses Only)
Date
RENTAL INCOME
Apartment Rents
$
1,757,124
Vacancy Loss
(
5.00 % ) -
87,856
NET APT. RENTS
1,669,268
Commercial Income
$16 per Sq. Ft. $
33,075
Garage & Parking
per Sq. Ft.
Commercial Vacancy
50 %
16,538
NET COMMERCIAL RENTALS
16,538
TOTAL RENTAL INCOME
$
1,685,805
OTHER INCOME
Individual or
Master Meter
Union City CommitmentFORM-10 (A-F) 7/12/2023
This memorandum contains advisory, consultative and deliberative materials and is intended for the person(s) named as recipient(s).
REV. 3/27/19
DRAFT - for discussion purposes only and subject to change
5:41 PM
Laundry Machines
$
6,311
Other:
TOTAL OTHER INCOME
$
6,311
TOTAL REVENUE
$
1,692,116
EXPENSES
Administrative (Schedule I)
$
62,290
Salaries (Schedule II)
237,375
Maint. & Repairs (Schedule III)
152,872
Maint. Contracts (Schedule IV)
58,083
Utilities (Schedule V)
76,777
Management Fee
73.00 per unit
88,476 * Should be between $57 & $73 per unit per month
P.I.L.O.T. on Commercial Income(
1.00 %)
165
Real Estate Taxes (Schedule VI)
15,925
Insurance
$800 per Unit
80,800 2-Story & below - $500; 3-Story & above - $550
Reserve for Repair and Replacement
390.00 per unit
39,390
TOTAL EXPENSES
$
812,154
NET OPERATING INCOME
$
879,963
DEBT SERVICE
1. Principal and Interest
$
724,672
2. Mortg & Bond Serv Fee
0.40 %
40,514
3. MIP
%
4. Debt Service on Other
Mortgage Loans
$
$
AGENCY DEBT SERVICE
$
765,185
DEBT SERVICE NOT TO BE
CONSIDERED IN DSR
$
TOTAL DEBT SERVICE
$
765,185
NET INCOME
$
114,778
Less Return on Equity (
% on $
) - $
Project Profit/(Loss)
$
114,778
DEBT SERVICE RATIO CALCULATION :
NET OPERATING INCOME
DSR =
AGENCY DEBT SERVICE
=
1.150000
New Mortgage
Amount
10,128,435
Union City CommitmentFORM-10 (A-F) 7/12/2023
This memorandum contains advisory, consultative and deliberative materials and is intended for the person(s) named as recipient(s).
REV. 3/27/19
EXHIBIT J
DESCRIPTION OF MUNICIPAL LOT FOR USPS
EXHIBIT K
REDEVELOPER FUNDING COMMITMENTS
Resolution No. 8547
RESOLUTION OF THE NEW JERSEY HOUSING AND MORTGAGE
FINANCE AGENCY REGARDING APPROVAL OF A DECLARATION OF
INTENT FOR THE PROJECT KNOWN AS UNION CITY SENIOR, HMFA
#07800
WHEREAS, the Members of the New Jersey Housing and Mortgage Finance
Agency have been presented and considered a Request for Action in the form attached
hereto as Exhibit A; and
WHEREAS, the Request for Action requested the Members to adopt a resolution
authorizing certain actions by the New Jersey Housing and Mortgage Finance Agency, as
outlined and explained in said Request for Action.
NOW, THEREFORE, ON THIS 15th OF JUNE 2023 BE IT RESOLVED BY THE
MEMBERS OF THE NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY AS
FOLLOWS:
Section 1. The actions set forth in the Action Requested section of the Request for
Action, attached hereto as Exhibit A, are hereby approved, subject to any conditions set forth
as such in said Request for Action.
Section 2. The Request for Action, attached hereto as Exhibit A, is hereby
incorporated and made part of this resolution as though set forth at length herein.
Section 3. This resolution shall take effect immediately upon expiration of the ten
(10) day period following the delivery of a true copy of this resolution accompanied by a
summary of the action taken at the meeting by the Board to the Governor or immediately
upon the approval of the minutes by the Governor within the said ten (10) day period.
Board Member
Aye
Nay
Abstained
Recusal
Not Present
Robert Long
X
Aimee Manocchio Nason
X
Robert Tighue
X
Paulette Sibblies – Flagg
X
Eric Kaufmann
X
Dorothy Blakeslee
X
Stanley Weeks
X
I, Laura Shea, Assistant Secretary of the New Jersey Housing and Mortgage Finance
Agency, do hereby certify that the foregoing is a true and correct copy of a resolution duly adopted
and approved by the Members of the Agency at a meeting duly called and held on the 15th day of
June, 2023 and that not less than five Members of the Agency were present and voted in favor of
said resolution.
IN WITNESS WHEREOF, I have here unto set my hand and impressed the seal of the
Agency this 15th day of June 2023.
__________________________________
Laura Shea
Assistant Secretary
Exhibit A
Page 1 of 5
REQUEST FOR ACTION BY MEMBERS OF
THE NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY
Action Requested:
, subject to
the availability of volume cap, to issue tax-exempt bonds in an estimated amount not
to exceed $32,860,000 in permanent financing for a project known as Union City,
HMFA #07800
. Approval of this "Declaration of Intent" is intended to
establish for tax purposes the eligibility for reimbursement with the proceeds of the
Bonds of certain costs paid prior to the issuance of the Bonds
Original
associated with pre-bond sale and development work on the Project.
By this action, the Board expresses its present intent to issue the Bonds for the Project
and its reasonable expectation that it will reimburse Original Expenditures with
proceeds of the Bonds, and declares its intent that the Declaration of Intent be
determined to be a declaration of official intent under Treas. Reg. Section 1.150-2
ment Re
promulgated under the Internal Revenue Code of
1986, as amended
.
1. The Project will be a qualified residential rental project within the meaning of
Code Sections 142(a)(7) and 142(d) and related Treasury Regulations. A brief,
general description of the Project is set forth below.
2. The Original Expenditures to be reimbursed with the proceeds of the Bonds will
. Reg. Section 1.150-1(b), costs of
issuance for the Bonds, and/or expenditures described in Treas. Reg. Section 1.148-
6(d)(3)(ii)(B) (relating to certain extraordinary working capital items).
3. Pursuant to the Reimbursement Regulations, with respect to each Original
Expenditure to be reimbursed with proceeds of the Bonds, either (i) the date of the
declaration of official intent is not later than 60 days after the payment of the Original
Expenditure, or (ii) if the date of the declaration of official intent is more than 60 days
after the payment of the Original Expenditure, the Original Expenditure must be a
preliminary, pre-construction expenditure as described in Treas. Reg. Section 1.150-
Union City
Union City, Hudson County
HMFA #07800
June 15, 2023
Developer: RPM Development Group
# of Units: 101, including 11 units set aside for
Developmentally Disabled Individuals
Population: Senior, 55+
Exhibit A
Page 2 of 5
2(f)(2) and the total amount of such preliminary expenditures to be reimbursed with
proceeds of the Bonds cannot exceed 20% of the proceeds of the Bonds.
4. This Request for Action
declaration of intent only. It does
not authorize the Agency to issue the Bonds, which issuance may only be authorized
by subsequent action adopted in accordance with law. The ability of the Project to
conform to the Agency's Multifamily Underwriting Guidelines and Financing Policy
(the
s , as well as compliance with federal tax and other laws, has not yet
been determined. This approval does not obligate the Agency to take any further
action in connection with this Project, including any approval to allocate tax-exempt
bond volume cap, to issue bonds or to provide first mortgage financing, gap financing
or a tax credit allocation. This approval for a Declaration of Intent is not intended to
give this Project any preference over any other project.
5. The following is a brief, general description of the Project based on current
expectations regarding the Project:
The Project
The Project is a new construction 101-unit senior affordable development in Union City,
Hudson County. The Project is being developed by RPM Development Group (the
720 8th Street, Block: 42.00 Lot: 9.00.
The Project will feature a five-story, elevator building. The Project proposes 96 one-
bedroom units at an average of 656 sq. ft. and 5 two-bedroom units at an average of 923
sq. ft. The Sponsor will reserve eleven units for developmentally disabled individuals.
The Project proposes 1 two-bedroom superintendent unit which will be rent free. The
Project will have a community room, outdoor terrace and fitness/wellness center of
approximately 26,316 sq. ft. In addition, the ground floor will feature two retail spaces
one of which will be leased by the United States Postal Service. The Project will include
a parking garage of approximately 47,479 sq. ft. There are 130 planned parking spaces
representing roughly 1.29 parking spaces per dwelling unit.
The proposed net rents for the one-bedroom (96) units range from $800 to $1761 and the
two-bedroom (5) units are $2022 depending on the target population income range. The
Project will target residents earning between 20% and 60% Area Median Income
The Sponsor is proposing to include the following in-unit amenities: Energy Star-rated
appliances with frost-free refrigerator, gas oven and range hood, air conditioning, carpet
and dishwasher. The Project will use gas heat, gas ranges and stove, and electric air
conditioning; these utility services along with electricity will be individually metered and
paid for by the tenant. The Project will use gas hot water and it will be master metered
and paid by the Sponsor.
Exhibit A
Page 3 of 5
For Special Needs purposes, the Project will have five units set aside for developmentally
disabled individuals.
The Project is seeking 4% Low Income Housing Tax Credits (LIHTC). For tax credit
purposes, the Sponsor will select the 40% at 60% of AMI option.
Agency Financing
The Agency will provide permanent loan financing in the estimated amount of
$27,383,024. This loan will be evidenced by two mortgage notes. Both notes will be
secured by a first mortgage lien on the property. Note I is anticipated to be in the amount
of $10,041,266, at an estimated annual interest rate of 6.15%, for an estimated term of 32
years. In order to meet the 55% aggregate basis test,
underwriting guidelines, Note II must be funded through bond proceeds in an amount
anticipated to be $17,341,758 at an estimated interest rate of 4.70%, with a maturity date
of 24 months from the date of loan closing. Note II will be additionally secured by an
assignment of syndication proceeds, AHGS and Hudson County Home Funds.
The Agency will provide a subordinate construction and permanent loan from the
SNHTF in an estimated amount of $750,000, at an estimated annual interest rate of 0%
during construction and 1% at permanent conversion, with an estimated term of 32 years.
This loan will be repaid with a pro-rata share of fifty percent (50%), estimated at 16.67%,
of the Projec
at the earlier of 10 years or the repayment of
deferred de
. This mortgage will be secured by a subordinate lien on the
property.
The Agency will provide a subordinate permanent only loan from the AHGS in an
estimated amount of $1,500,000, at an estimated annual interest rate of 1%, with an
estimated term of 32 years. This loan will be repaid with a pro-rata share of fifty percent
(50%), estimated at 16.67%,
at the earlier of 10
years or the repayment of deferred deve
. This mortgage will be secured by a
subordinate lien on the property.
The Agency will provide a subordinate construction and permanent loan financing from
ogram. The loan is currently
estimated to be $5,490,562 at an estimated 1% interest rate at permanent for an estimated
term of 32 years. This loan will be repaid with a pro-rata share of fifty percent (50%),
estimated at 16.67%,
w remaining at the earlier of 10 years or the
ee. This mortgage will be secured by a subordinate
lien on the property.
DOI Conditions:
1. The Agency authorizes its staff to require an additional credit enhancement
obligation based on Agency staff
ssessment of the associated risk involved in
providing a mortgage for construction only financing.
Exhibit A
Page 4 of 5
2. The Agency authorizes its staff at its sole discretion to dictate the Construction
Draw Schedule of Agency financing based on (1) pro rata apportionment of
funds, (2) pari passu distribution or (3) the Agency financing being the last
funding source disbursed during the construction period.
3.
the total development costs. Therefore, the Agency reserves the right to require
that the Borrower provide a quantitative analysis and justification of the costs or
the Agency will commission an independent analysis to confirm the cost, with the
Sponsor paying for that analysis.
4. The Borrower must return to the Agency the December 19, 2019 allocation of
Low Income Housing Tax Credits, in the total annual amount of $1,400,000, upon
admission of the Limited Partner, PNC Bank, National Association to 720 8th
Street Union City, LP, the Owner of the Project.
Exhibit A
Page 5 of 5
FINANCIAL INFORMATION
DEVELOPMENT COSTS
Acquisition
$0
($0/DU)
($0/SF)
Construction Costs
(Including Contractor Fee)
$35,308,648
($349,591/DU)
($246/SF)
Contingencies
$2,036,575
($20,164/DU)
($14/SF)
Developer Fee
$3,053,000
($30,228/DU)
($21/SF)
Professional Fees
$1,446,200
($14,319/DU)
($10/SF)
Carrying Financing Costs
$8,579,128
($84,942/DU)
($60/SF)
Other Charges
$3,009,612
($29,798/DU)
($21/SF)
TOTAL DEVELOPMENT COST
$53,433,163
($529,041/DU)
($372/SF)
PROPOSED PERMANENT SOURCES
HMFA First Mortgage, Note I
$10,041,266
($99,418/DU)
Special Needs Housing Trust Fund
$750,000
($7,426/DU)
LIHTC Equity ($1.025)
$16,272,680
($161,116/DU)
PNC
Citi s Aspire Permanent Loan
$12,731,127
($126,051/DU)
NJHMFA AHPF
$5,490,562
($54,362/DU)
NJHMFA AHGS
$1,500,000
($14,851/DU)
Hudson HOME Funds
$2,014,452
($19,945/DU)
Deferred Developer Fee
$1,526,500
($15,114/DU)
Union City AHTF
$850,000
($8,416/DU)
Aspire Credit Year 1 Proceeds
$2,256,577
($22,342/DU)
TOTAL PROPOSED
PERMANENT SOURCES
$53,433,163
($529,041/DU)
REPAYMENT OF HMFA NOTE II PLUS INTEREST (And/or any Construction Bridge
Loan).
HMFA Note II
$17,341,758
($171,701/DU)
Note II Interest
$815,063
($8,070/DU)
TOTAL HMFA Note II
$18,156,821
($179,771/DU)
LESS PROPOSED SOURCES
LIHTC Equity
$15,069,098
AHGS
$1,500,000
Hudson County HOME Funds
$1,587,723
TOTAL SOURCES PROPOSED
$18,156,821
July 3, 2023
Mr. Edward Martoglio
RPM Development, LLC
77 Park Street
Montclair, NJ 07042
Re: HMFA #07800
Union City
Union City, Hudson County
Declaration of Intent
Dear Mr. Martoglio:
On June 15, 2023, the Board of the New Jersey Housing and Mortgage Finance Agency
approved a declaration of intent (“Declaration of Intent”) stating the intention of the Agency,
subject to the availability of volume cap, to issue tax-exempt bonds from the Agency’s Revenue
Bond Financing Program in an amount not to exceed $32,860,000 for permanent financing of a
project known as Union City, HMFA #07800. This action is usually the first step in a project’s
approval process; however, this approval does not constitute a mortgage commitment by the
Agency or a commitment of volume cap to the project, nor does it bind the Agency in any way to
issue volume cap to the project at a future date.
It is our hope that this compelling project will proceed, and that all pertinent conditions can
be met to enable the Agency to provide financing.
Approval of this “Declaration of Intent” will establish for tax purposes the eligibility of
costs associated with pre-bond sale and development work on the Project. By this action, the Board
expresses its present intent to issue bonds for this Project and declares its intent that the DOI be
determined to be a declaration of official intent under Treas. Reg. ‘1.150-2 promulgated under the
Internal Revenue Code of 1986, as amended. The Project’s ability to conform to the Agency’s
Multifamily Underwriting Guidelines and Financing Policy (the “Guidelines”), as well as
compliance with federal tax and other laws, has not yet been determined.
Mr. Martoglio
July 3, 2023
Page 2
This approval does not obligate the Agency to take any further action in connection with
this Project, including any approval to allocate tax-exempt bond volume cap, to issue bonds or to
provide first mortgage financing, gap financing or tax credit allocation. This approval for a
Declaration of Intent is not intended to give this Project any preference over any other project.
It is our hope that this most worthwhile project will progress through financing.
As of July 3, 2023, the Governor’s veto period has expired regarding actions taken by the
Agency’s Board in the meeting of June 15, 2023. Therefore, the Board actions are now ratified
subject to the satisfaction of all conditions.
Please feel free to contact Chalyn Toon of my staff at CToon@njhmfa.gov if you have any
questions.
Sincerely,
Melanie R. Walter
Executive Director
MRW/kfh
COUNTY OF HUDSON
DEPARTMENT OF HOUSING AND COMMUNITY REINTEGRATION
DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT
830 BERGEN AVENUE, 5B
JERSEY CITY, NEW JERSEY 07306
THOMAS A. DEGISE
Phone: (201) 369-4520
County Executive
Fax: (201) 369-4523
FRANK MAZZA
Director
SUSAN A. McCurrie
Deputy Director
GEORGE F. SERIO, JR.
Division Chief
December 19, 2022
Michael Hong
RPM Development
77 Park Street
Montclair, NJ 07042
RE: Union City Senior Housing-720 8th Street, Union City NJ
Dear Mr. Hong,
I am pleased to inform you that your preliminary request for capital subsidy through the Hudson County HOME
program (HOME) for the above referenced project has been reviewed and met the appropriate guidelines for a
recommendation of funding. Upon an award of Low Income Housing Tax Credits from New Jersey Housing
and Mortgage Finance Agency and finalized funding awards from the City of Union City, approximately two
million, fourteen thousand four hundred and fifty hundred dollars ($ 2,014,452) in funding through the HOME
Investment Partnership program will be made available for the construction of the above referenced project in
order to provide 11 one-bedroom rental apartments.
This intention of funding is contingent upon satisfactory completion of environmental review, compliance with
HOME Investment Partnership rules and regulations, and receipt by Hudson County Division of Housing and
Community Development (the Division) of an approval of the request for release of funds and certification from
the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The provision of any funds to
the project is subject to the US Department of Housing and Urban Development approval of the HOME-ARP
Allocation plan for the County of Hudson County and conditioned on the Division’s determination to proceed
with, modify or cancel the project based on the results of the environmental review.
We look forward to working with you in the future to achieve our common goal of expanding permanent,
affordable housing options in Hudson County.
Sincerely,
Asha Bailey
Program Director
June 15, 2023
Via Email
Michael Hong
RPM Development Group
77 Park Street
Montclair, NJ 07042
Re:
720 8th Street Union City, LP (the "Partnership")
Union City Senior, Union City, NJ (the "Property")
Dear Michael:
Thank you for the opportunity to present this commitment to make an equity investment in your
Partnership, subject to preliminary and final investor approval. This commitment, which is being
provided on a “Best Efforts” basis, outlines certain terms and conditions that would be the basis of a
partnership agreement (the “Partnership Agreement”), to be entered into among the general partner(s)
listed below, an equity fund sponsored by PNC Bank, National Association (“PNC”), as the limited
partner (the “Limited Partner”) and a corporation affiliated with PNC as the special limited partner (the
Special Limited Partner”).
Based on the information you provided to us, we have prepared this commitment under the following
terms and assumptions:
1. PARTNERSHIP TAX CREDITS
Annual Forecasted Tax Credit:
$1,713,085
2. CAPITAL CONTRIBUTIONS TO THE GENERAL PARTNER
A. The Investment Limited Partner and will purchase 99.99% of the forecasted tax credits at a rate of
$.95 per allocated tax credit dollar credit (the “Investment Limited Partner’s Capital
Contribution”), assuming the foregoing material assumptions are accurate and subject to the
terms set forth in this letter and the Partnership Agreement to be entered into prior to payment of
any installment below. The total Capital Contribution will be rounded to the nearest dollar and is
expected to be $16,272,680 payable in installments. The foregoing pricing assumptions for this
application commitment are based on current market conditions, which are subject to change in
the event of a change in the federal income tax laws or regulations which would have an effect on
the benefits PNC expects to receive from the transaction. Each installment is due within five (5)
business days of the Investment Limited Partner’s receipt and approval of documentation
evidencing the satisfaction of the installment’s and all previous installments’ conditions as
follows:
720 8th Street Union City, LP
Commitment
June 15, 2023
Page 2 of 7
1) $296,163
or 1.8% (the “First Installment”) paid prior to or simultaneously with the closing of
construction financing; no sooner than September 30, 2023.
2) $296,163
or 1.8% (“the Second Installment”) upon construction completion; no sooner than
October 31, 2025.
3) $11,495,021 or 70.64% (“the Third Installment”) upon permanent loan commencement or
conversion; no sooner than February 28, 2026.
4) $4,068,170 or 25.00% (the “Fourth Installment”) upon the latest of 95% physical occupancy,
100% initial tax credit occupancy, cost certification, , or property stabilization; no
sooner than April 30, 2026.
5) $117,163
or 0.72% (“the Final Installment”) upon receipt of IRS Forms 8609; no sooner than
August 31, 2026.
B. The Capital Contribution shall be applied by the Partnership first to direct development costs, then
to the payment of the development fee (the “Development Fee”). To the extent the Capital
Contribution or net cash flow is not sufficient to pay the full Development Fee within ten years of
the construction completion date, the General Partner shall be obligated to contribute capital to
the Partnership to enable it to pay the remaining balance.
3. DISTRIBUTION OF NET CASH FLOW
A. Net cash flow, generated by the Property after payment of operating expenses, debt service and
replacement reserve deposits, shall be distributed within 45 days of the end of the fiscal year,
prior to the first full year of operations, 100% to the General Partner, and beginning in the first
full year of operations, as follows:
i)
To the Investment Limited Partner $75 per unit as a cumulative annual investor services fee,
increasing 3% annually;
ii)
To the Investment Limited Partner as reimbursement for any debts or liabilities owed to the
Investment Limited Partner;
iii) To the developer as payment of the Development Fee until payment in full of the
Development Fee;
iv) To the General Partner $150 per unit, as a cumulative annual partnership management fee,
increasing 3% annually;
v)
To the Investment Limited Partner, to the extent that any Partnership taxable income is
allocated to the Investment Limited Partner in any year, cash flow equal to 40% of the
taxable income;
vi) To the General Partner as reimbursement for operating deficit loans made to the Partnership
and owed to the General Partner;
720 8th Street Union City, LP
Commitment
June 15, 2023
Page 3 of 7
vii) Finally, any remaining net cash flow shall be distributed 80% to the General Partner and
20% to the Investment Limited Partner.
4. DISTRIBUTION OF NET CASH PROCEEDS UPON SALE OR REFINANCING
A. The net cash proceeds upon sale or refinancing shall be distributed in the following order:
i)
To the payment of all debts and liabilities of the Partnership, excluding those owed to
Partners, and to the establishment of any required reserves;
ii)
To the payment of any debts and liabilities owed to the Investment Limited Partner;
iii) To the payment of any fees, debts, and liabilities owed to the General Partner and any
unpaid partnership management fees for such year;
iv) The balance, 80% to the General Partner, and 20% to the Investment Limited Partner.
B. For a period of one year after the expiration of the initial compliance period, the General Partner
may commence marketing the Property or may have the option to purchase the Investment
Limited Partner’s interest for a purchase price equal the fair market value of the Investment
Limited Partner’s interest. Fair market value shall be determined in accordance with the
Partnership Agreement.
At any time after the year following the initial compliance period, PNC and the General Partner
may commence marketing the Property. If PNC receives a bona fide offer to purchase the
Property, PNC will forward a copy of the offer to the General Partner. If the General Partner
chooses to refuse the offer, the General Partner will purchase the Investment Limited Partner’s
interest for a purchase price equal to the net proceeds pursuant to Section 5 if the offer had been
accepted.
5. DISTRIBUTION OF BENEFITS
Profits, losses and tax credits will be allocated 99.99% to the Investment Limited Partner based on the
percentage of limited partner interest to be acquired. In the first year of operations when the net cash
flow is allocated 100% to the General Partner, any taxable income will be allocated to the General
Partner in the same proportion as the net cash flow distribution.
6. GENERAL PARTNER OBLIGATIONS
A. Construction Completion Obligations
The General Partner and the Developer shall guarantee lien-free construction completion of all
improvements substantially in accordance with the approved plans and specifications. The
General Partner and the Developer shall fund any development cost overruns through permanent
loan(s) commencement/conversion and such overruns will not be reimbursed by the Partnership.
The General Partner shall provide copies of each draw request, change orders and all supporting
documentation to the Investment Limited Partner simultaneously with submission to the
construction lender. The Investment Limited Partner shall have the right to approve change orders
in excess of $25,000. If the general contractor is not an affiliate of the General Partner, the
construction contract shall be a fixed price contract and the general contractor shall be bonded in
a manner satisfactory to the Investment Limited Partner.
720 8th Street Union City, LP
Commitment
June 15, 2023
Page 4 of 7
B. Operating Deficit Guaranty and Operating Reserve Account
The General Partner shall guarantee the funding of any operating deficits for operating or fixed
costs for 60 months following the later of the break-even operations or permanent mortgage loan
commencement or conversion in a maximum amount to subject to the Investment Limited
Partner’s due diligence review. The partnership shall establish an operating reserve equal to 6
months of operating expenses and debt service in the amount of $392,669 and will be funded by
the fourth installment. A Social Services Reserve in the amount of $693,750 will be established
and funded by the fourth installment.
C. Replacement Reserve Account
The Partnership shall deposit monthly into a replacement reserve account no less than $390 per
unit occupied at conversion (the “Replacement Reserve Account”). The Replacement Reserve
Account shall be used to fund the replacement of major capital improvements, and disbursements
shall require annual notification of anticipated expenditures and prior written approval of
unanticipated expenditures.
D. Tax Credit Adjustments
i)
If the annual actual tax credits allocated on the Carryover Allocation or Form(s) 8609 is less
than the forecasted tax credits stated in Section 1, then the Capital Contribution shall be
reduced in an amount equal to the total tax credit shortfall to the Investment Limited Partner
multiplied by the price paid for the tax credits.
ii)
If the annual actual tax credits allocated on Form(s) 8609 is greater than the forecasted tax
credits stated in Section 1 (the “Additional Credit”), then the Capital Contribution shall be
increased in an amount equal to the Additional Tax Credit multiplied by the price paid for
the tax credits, and paid pro rata over the remaining Installments. This adjustment combined
with all other upward adjustments shall be limited to 10% of the Capital Contribution.
iii) For each additional $1.00 of tax credit delivered in the first years beyond the amount
projected in this letter, the ILP shall pay an additional equity amount per tax credit dollar to
be determined by Investment Limited Partner during due diligence. The additional capital
shall be paid pro rata over the remaining Installments.
iv) If the amount of actual tax credit in any year after construction completion is less than the
amount of forecasted tax credit in Section 2 (except for reasons stated in item 6(D)(i)
above), the Capital Contribution shall be reduced by an amount equal to the tax credit
shortfall amount multiplied by the price paid for the tax credits, plus the amount of any
recapture, interest or penalty (a “Reduction Amount”).
v)
If any Reduction Amount cannot be paid from the Capital Contribution, the General Partner
shall pay the Reduction Amount. Reduction Amounts not paid upon demand shall accrue
interest at the prime rate as published in the Wall Street Journal plus 2%.
E. Net Worth and Guarantee Requirements
All obligations of the General Partner shall be guaranteed by person(s) or entities
(“Guarantor(s)”) acceptable to the Investment Limited Partner and with sufficient net worth and
liquidity.
720 8th Street Union City, LP
Commitment
June 15, 2023
Page 5 of 7
7. CONDITIONS
A. Property
The Property will be a new construction development located in Union City, Hudson County,
New Jersey.
B. Tax Credit Allocation
The Partnership may elect to defer the use of tax credits for any individual building which is not
100% tax credit qualified by December 31 of the year in which it is placed in service, at the
Investment Limited Partner’s discretion. It is assumed that IRS form 8609 will be issued
subsequent to the anticipated placed-in-service deadline.
C. Tax Credit Occupancy
The Partnership must comply with the 40/60 minimum set-aside test (a minimum of 40% of the
units must be rented to tenants with incomes less than 60% of area median, adjusted for family
size).
D. Construction and Permanent Financing
The General Partner shall provide to PNC for its review and approval, copies of the loan
commitments and loan documents for all financing sources, which are assumed to be from
qualified commercial lenders and qualify for the 4% tax credit applicable percentage.
E. Property Management Agent
i) The General Partner shall provide or cause the Property management agent to provide
management reports to the Investment Limited Partner in a timely manner concerning
operations, occupancy and other information essential to the management of the Property.
ii) Upon the occurrence of certain events, including any material violations, negligence or
misconduct or inadequate reporting, the Special Limited Partner will have the option to
replace the Property management agent. All Property management agreements will include a
termination clause allowing either the General Partner or the Property management agent to
terminate the agreement by giving a 30-day advance written notice to the other party.
F. Repurchase Obligations
The Investment Limited Partner shall not be required to advance any unpaid Installments and the
General Partner may be required to repurchase the Investment Limited Partner’s interest for the
invested amount. Conditions for repurchase shall include: construction completion, break-even
operations or permanent loan closing(s)/conversion(s) are not achieved or other tax credit
compliance conditions are not met in a reasonable time period.
G. Insurance Obligations
The Partnership will provide the following insurance policies: i) an extended ALTA owner's title
insurance policy in an amount not less than the permanent mortgage(s), the General Partner’s and
Investment Limited Partner’s capital contributions, with all standard exceptions deleted or
approved and with Fairways, non-imputation and other requested endorsements; ii) commercial
general liability insurance in the minimum amount of $5,000,000 naming the Investment Limited
Partner as named insured party of which not more than $2,000,000 is through an umbrella policy;
(iii) builder's risk insurance through construction completion, and all risk or fire and extended
coverage and, if necessary, earthquake, hurricane and flood insurance, all policies in a minimum
720 8th Street Union City, LP
Commitment
June 15, 2023
Page 6 of 7
amount equal to full replacement value; (iv) workers’ compensation as required under state law;
(v) business interruption insurance coverage equal to one full year’s gross rental income or as
acceptable to the Investment Limited Partner; and (vi) any other insurance as may be necessary or
customary.
H. Accountant’s Obligations
The General Partner shall provide or cause the Partnership’s accountant to provide the following
annual reports: i) federal and state tax returns for the previous year (including all supporting
documentation necessary to verify the calculation of the tax credit) by February 28th and ii)
annual audited Partnership financial statements (including all supporting documentation) by
March 1st. Any delays beyond the designated due date may result in a $100 per day penalty to the
Partnership. The Partnership Accountant shall review and approve the basis and benefits
calculations prior to the payment of the First Installment.
I.
General Partner Removal
The Partnership Agreement shall contain provisions for the removal of the General Partner with
cause.
8. DUE DILIGENCE PERIOD
The General Partner grants the Investment Limited Partner the exclusive right to acquire the
Partnership interest commencing on the date of the initial execution of this letter and terminating 60
days after receipt of the documents necessary to complete the due diligence review.
Our agreement to make the investment described in this letter is subject to the accuracy of the
information you have provided to us and our mutual agreement on the terms of the closing documents
and review of customary due diligence which shall include those items specifically referenced in the
PNC commitment for construction and term financing sent under separate cover.
This commitment does not expire before August 31, 2023.
This commitment subject to PNC’s underwriting, due diligence review, and market conditions at the time
a commitment is issued following the tax credit award. During the due diligence period, PNC will
conduct a due diligence review and negotiate with the General Partner, in good faith, any open terms of
this letter. The due diligence period will commence upon receipt by PNC of all Property and Partnership
documents identified in the syndication binder. The due diligence review will include, without limitation,
the verification of factual representations made by the General Partner, a review of the Property and
Partnership documents, a site visit and an evaluation of the following: the experience and expertise of the
General Partner, general contractor, architect and Property management agent; Property area market; an
appraisal of the Property; the construction schedule’ the total development budget; the residual potential
of the Property and capital account analysis; Phase I environmental assessment and all subsequent reports
and other relevant factors. PNC may also commission consultants to perform market analysis,
construction, insurance and environmental reviews. The General Partner and PNC acknowledge that no
legally enforceable relationship shall exist between General Partner and PNC unless and until the
Acquisition Review Committee of PNC shall have approved the proposed transaction, and the parties
shall have executed the Partnership Agreement and the other transaction and financing documents
contemplated herein. . The foregoing pricing assumptions for this application commitment are based on
current market conditions, which are subject to change in the event of a change in the federal income tax
laws or regulations which would have an effect on the benefits PNC expects to receive from the
transaction.
720 8th Street Union City, LP
Commitment
June 15, 2023
Page 7 of 7
Should you have any questions, please do not hesitate to contact me. We look forward to working with
you on this and future transactions.
Sincerely,
PNC BANK, N.A.
Agreed and Accepted:
720 8TH STREET UNION CITY, LP
By: Costas Paleologos, Vice President
By: _______________________________
Name:
Title:
Date: ______________________________
PHILIP D. MURPHY
Governor
SHEILA Y. OLIVER
Lt. Governor
State of New Jersey
DEPARTMENT OF HUMAN SERVICES
Division of Developmental Disabilities
P.O. BOX 700
TRENTON, NJ 08625-0700
SARAH ADELMAN
Commissioner
Jonathan Seifried
Assistant Commissioner
April 11, 2023
Tanya Hudson Murray
Director of Multifamily/Supportive Housing & Lending Division
New Jersey Housing & Mortgage Finance Agency
637 South Clinton Ave
Trenton, NJ 08650-2085
Re: RPM Development Group
720 8th Street
Union City, NJ 07087
Dear Ms. Murray:
This letter serves as commitment by the New Jersey Department of Human Services (DHS) to
support the development of 720 8th Street, Union City NJ 07087 in Hudson County. The
developer for this project is RPM Development Group. This project will provide eleven (11) one
bedroom units. Individuals eligible to reside in this setting will be those who are approved
through the Division of Developmental Disabilities and who select to be served in the location.
Individuals under Division services may choose to reside in the aforementioned homes, using
their Division funded individual budgets, so long as the following conditions are met:
The Centers for Medicare and Medicaid Services continues to view the settings as home
and community based;
The settings provide for the health and safety of all individuals and services provided
comport with relevant rules and regulations;
Individuals experience full access and integration into the greater community; and
Employment/Day services will occur off site.
Individuals who select the property will receive rental subsidies administered by the DHS.
The amount of rent paid monthly will be based on the Published Rate Standards
(http://www.nj.gov/humanservices/ddd/resources/community/). Any operating dollars would
be supported through individual budgets assigned to the tenant and will be based upon rates
established by DHS.
Rental Subsidies will be paid through the Supportive Housing Connection (SHC), a partnership
between DHS and DCA, and will be subject to the policies and procedures of the SHC. These
subsidies will be committed to the project as long as eligible DHS tenants choose to live in the
unit and all DHS and SHC site requirements are met.
Please note that the annual level of funding provided by DHS is subject only to the availability of
funds appropriated yearly by the Legislature of the State of New Jersey.
If you have any questions, I can be reached at (609) 633-7548 or at Amy.Scartocci@dhs.nj.gov.
Sincerely,
Amy Scartocci
Director, Office of Housing and Resource Development
Division of Developmental Disabilities
Cc: Sheri Fine, DDD Housing Supervisor
Alexis Greenberg, DDD Program Developer
Michael Hong, Vice President of Development/RPM Development Group
July 7, 2023
RPM Development Group
77 Park Street,
Montclair, NJ 07042
Attn: Joe Portelli
Re:
Commitment for a construction-period only loan in an amount not to exceed $39,963,261 relating
to a new construction senior rental project to be known as Union City Senior located in Union
City, NJ (the “Property”)
Ladies and Gentlemen:
Citibank, N.A. (“CITI”) is pleased to offer to RPM Development Group (“Sponsor”), as
sponsor of a 720 8th Street Union City, LP (“Borrower”), this commitment (“Commitment”) for financing,
subject to the terms, requirements and conditions which follow. All capitalized terms used herein, unless
otherwise defined, shall have the meaning set forth on Exhibit A annexed hereto and incorporated herein by
this reference (the “Commitment Terms”). CITI’s decision to issue this commitment was made in reliance
upon the representations and material supplied by Sponsor and Sponsor’s representatives, as more particularly
described on Exhibit B annexed hereto. CITI understands that Sponsor intends to submit this Commitment to
New Jersey Housing and Mortgage Finance Authority (“Allocating Agency” or “NJHMFA”) in support of
Sponsor’s application to obtain Affordable Housing Gap Subsidy with respect to the financing of the Property.
This Commitment is subject to, among other things, CITI completing due diligence to confirm the
representations made by Sponsor and obtaining final credit committee approval.
In connection with this Commitment, CITI will be acting solely as a principal and not as your
agent, advisor or fiduciary. CITI has not assumed a fiduciary responsibility with respect to this
Commitment, and nothing in this Commitment or in any prior relationship between you and CITI will
be deemed to create an advisory, fiduciary or agency relationship between us in respect of this
Commitment. You should consider carefully whether you would like to engage an independent advisor
to represent or otherwise advise you in connection with this Commitment, if you have not already done
so.
A.
Transaction Summary.
The terms of the financing transaction that are the subject of this
Commitment are as follows:
1.
On the closing date (the “Closing Date”), CITI shall provide a construction-period only loan
to Borrower (the “Loan”) to finance the new construction or rehabilitation of the Property. All other
construction and permanent sources for the Project shall be committed with terms and conditions
acceptable to CITI on or before the Closing Date.
2.
The Loan proceeds shall be disbursed in accordance with a loan agreement (the “Loan
Agreement”) executed and delivered in connection with the Loan. CITI will administer and direct
the disbursement of the Loan proceeds and will oversee the construction work to be performed on
the Property (the “Improvements”). The completion of the Improvements and all related work shall
be performed during the Interim Phase (as hereinafter defined).
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
3.
On or before the maturity date of the Loan, the Loan shall be repaid in full. In the event that
the Loan is not repaid in full on or before the maturity date, at the option of CITI, the Loan will be
subject to acceleration, and all obligations of CITI with respect to the transaction contemplated by
this Commitment shall terminate.
B.
Conditions Precedent to Closing. The obligation of CITI to provide the Loan is subject to
satisfaction of the following conditions precedent (“Conditions Precedent to Closing”), in each case in a
manner acceptable to CITI. The form and substance of all documents and items submitted by Borrower
hereunder must be acceptable to CITI and its counsel.
1.
Credit Approval. This Commitment is subject, among other things, to CITI obtaining final
credit committee approval. Sponsor understands and agrees that this Commitment is subject to final
approvals as set forth in Part E.5. of this Commitment and is not an agreement to make a loan. Any
documentation will be forthcoming only after final approval of the underwriting by CITI’s credit
committee. The financing will be documented separately and will contain terms and conditions that
may be in addition to or in substitution of those set forth in the Commitment.
2.
Documents. Borrower shall duly authorize, execute and deliver or cause to be delivered at
closing a Multifamily Note, a Multifamily Deed of Trust, or Mortgage, where appropriate (the
“Security Instrument”), a Guaranty or Guarantees (including a Completion and Payment Guaranty
for the Interim Phase), an Environmental Indemnity Agreement, Assignments and any other
financing statement, agreement or document required by CITI in connection with the Loan
(collectively, the “Mortgage Documents”). Where appropriate, the Mortgage Documents shall be
acknowledged, recorded and filed in the public record, and all recording receipts promptly delivered
to CITI.
3.
Title Insurance. Borrower shall promptly deliver to CITI a commitment for a mortgagee’s
title insurance policy, prepared in accordance with CITI’s title insurance instructions, along with a
pro forma policy in the form included in such instructions. The title insurance commitment and
policy must satisfy all of the requirements of such instructions and include such other coverage and
endorsements as CITI may require. The company and/or agent issuing the commitment shall be
acceptable to CITI in all respects. Borrower shall also furnish CITI with copies of all instruments
affecting title to the Property including, but not limited to, all instruments referenced in Schedule B
of the pro forma policy.
4.
UCC Search/Perfection. Borrower shall commission UCC searches in the real estate records
and personal property records of the following jurisdictions and shall furnish written reports of such
searches to CITI: (i) the jurisdiction where the Property is located, (ii) any other jurisdiction in which
Borrower has its principal office for the conduct of its business, (iii) in the central UCC filing location
specified by the law of the state where the Property is located, and (iv) any other office where filing
is necessary to perfect the security interest in the Collateral (as hereinafter defined). All such
searches shall be updated to the time of recordation of the Mortgage Documents and shall show no
security interests affecting the Property, Guarantor or Borrower, other than those naming CITI as the
secured party. Borrower shall cause the appropriate filing of financing statements, on forms supplied
by CITI, evidencing CITI’s perfected first priority security interest in all personal property,
machinery, equipment, building materials, contract rights, furniture, fixtures, royalties, receivables
and other rights related thereto, as well as all leases, rents, revenues and proceeds therefrom and all
proceeds of the foregoing (collectively, the “Collateral”). Such filing shall be in compliance with
both the Uniform Commercial Code, as adopted in the state in which the Property is located, and all
other applicable laws affecting the perfection of security interests. Borrower shall furnish to CITI,
promptly upon recordation, receipted or time stamped copies of the filed financing statements.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
5.
Authority. Borrower shall furnish to CITI certified documents satisfactory to CITI
evidencing Borrower’s power and authority to enter into the Mortgage Documents. If Borrower is a
corporation, such documents shall include Borrower’s Articles of Incorporation, Bylaws, corporate
resolution relevant to the Loan and a Certificate of Good Standing from the state of incorporation
and the state where the Property is located. If Borrower is a partnership, such documents shall
include a copy of the partnership agreement and partnership certificate, and the above-referenced
corporate documents for any corporate general partner of Borrower. If Borrower is a limited liability
company, such documents shall include a copy of the Articles of Organization and Operating
Agreement and the Certificate of Authenticity or Certificate of Good Standing from the state of
organization and the state where the Property is located.
6.
Leases. The standard form of lease used at the Property shall be subject to the prior written
approval of CITI. . There must be no commercial leases affecting the Property, except for any
laundry lease and other commercial lease disclosed in writing to and approved in writing by CITI
and its counsel prior to the date of this Commitment. Any current commercial lease or laundry lease
must be subordinated to the lien of the Mortgage Documents. Borrower agrees that any future
commercial lease or laundry lease or renewal of any current commercial lease or laundry lease will
contain language acceptable to CITI subordinating said lease to the lien of the Mortgage Documents.
There must be no default under any current commercial lease or laundry lease.
7.
Borrower’s Management Agreement. Borrower shall furnish to CITI a copy of Borrower’s
management agreement. The management agreement must be with a professional management
company and both the management company and the terms of the management agreement must be
approved in writing by CITI. Borrower shall not make or permit to be made any changes to the
management agreement without the prior written approval of CITI. Without limiting the foregoing,
the management agreement must be terminable by owner on 30 days’ notice, with or without cause
and without payment of any termination fee. If required by CITI, a portion of the management fee
may be required to be subordinated to debt service and other amounts payable with respect to the
Loan.
8.
Rent Roll. If applicable, Borrower shall promptly furnish a copy of the rent roll for the
Property, with an updated rent roll to be delivered contemporaneously with closing.
9.
Appraisal. CITI shall have received an appraisal of the Property satisfactory to CITI.
10.
Opinion of Borrower’s Counsel. Borrower shall deliver to CITI a written opinion by
Borrower’s counsel approved by CITI, addressed to CITI, and in the form furnished or approved by
CITI’s counsel.
11.
Insurance. Borrower shall deliver to CITI an insurance policy evidencing the existence of
insurance relating to the Property, which evidence shall include “paid” premium invoices,
conforming in all respects to CITI’s insurance requirements as provided to Borrower in a separate
package, as same may, from time to time, be modified. Such insurance for the Property shall include,
without limitation, coverage for acts of terrorism and, if applicable, flood insurance (as more
particularly set forth in Paragraph 17 below). In addition, Borrower must deliver prior to closing (i)
the original, or a copy certified by the insurance agent, of the policy(ies) of insurance; or (ii) the
insurance binder; or (iii) a certificate of insurance (Acord Form 28 (property) or Acord Form 27
(liability) or other form, satisfactory to Lender, provided by the insurance agent; or (iv) original letter
from the insurance carrier on the primary layer, signed by an officer of such carrier, attaching the
form of insurance policy pursuant to which coverage is being provided, and, if applicable, original
letter from each insurance carrier on the excess layers, signed by an officer of such carrier(s) agreeing
that it is bound to the form of insurance policy delivered by the primary carrier (i.e., agreeing to
“follow form” to the primary carrier). The letter must set forth the date by which the policy will be
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
delivered to CITI, which must not be more than sixty (60) days following closing. All mortgagee/loss
payee/additional insured endorsements must be attached to the letter.
12.
Permits/Occupancy. Borrower shall deliver to CITI evidence satisfactory to CITI that all
applicable governmental authorities have authorized construction of the Improvements and the
development and, if applicable, the operation of the Property as a multifamily residential unit,
including, without limitation, occupancy permits (if applicable) and building permits. Any
nonresidential occupancy must be approved in writing by CITI.
13.
Zoning/Subdivision. Borrower shall deliver to CITI certification from the local
governmental authority (i) that the use of the Property as a multifamily residential complex complies
with all zoning and subdivision ordinances and regulations applicable to the Property and that it is
either a legal, conforming use or a legal, nonconforming use acceptable under CITI’s underwriting
standards, (ii) that the Property has been properly subdivided, and (iii) that the improvements on the
Property can be rebuilt on the same location to their presently existing size, shape and density if
partially or totally destroyed.
14.
Access/Utilities. Borrower shall deliver to CITI evidence satisfactory to CITI that the
Property is located on a publicly dedicated and maintained roadway or acceptable easement thereto,
is served by public water and sewer systems, electricity and telephone service, and receives adequate
municipal services (fire, police, transportation, among others).
15.
Other Compliance. Borrower shall deliver to CITI evidence satisfactory to CITI that the
Property, and Borrower’s operation thereof, is in compliance with all local and/or state building,
safety, health and fire codes, all clean air and water acts and other Hazardous Materials Laws (as
hereinafter defined), and all equal opportunity, anti-discriminatory and fair housing requirements.
16.
Survey. Borrower shall deliver to CITI a current, certified, “boundary” or “as-built” (as
applicable) ALTA survey of the Property and surveyor’s certificate, prepared by a registered
engineer or surveyor approved by CITI. The survey and surveyor’s certificate shall be satisfactory
in form and substance to CITI and shall contain those matters set forth in CITI’s survey instructions.
17.
Flood Zone Map/Certification/Insurance. Borrower shall deliver to CITI a certification from
Borrower’s architect, engineer or surveyor stating whether the Property is located in a designated
special Flood Plain Hazard area, as designated by appropriate federal agencies. If all or any portion
of the Property is at any time during the term of the Loan, located in such an area, Borrower shall
provide satisfactory evidence to CITI of the existence of flood insurance policies in the maximum
amount required pursuant to applicable laws covering all of the improvements on the Property which
lie within, are bounded by, or are in any way affected by such area.
18.
Operating Documents. Borrower shall furnish copies of any form documents used for the
Property and any equipment leases, licenses, franchises, permits, contracts, and any other agreements
required for the operation, use, management or occupancy of the Property, and all such items shall
be subject to written approval by CITI.
19.
Financial Statements of Borrower and Guarantor. CITI shall receive, for its review and
approval detailed financial statements for Borrower, any principal of Borrower and each Guarantor,
certified by Borrower, such principal or the Guarantor, as the case may be. CITI may also require
updated and/or recertified financial statements as of the Closing Date and again at regular intervals
during the Interim Phase.
20.
Environmental Assessment Report. CITI shall receive and approve a written report or reports
from CITI’s independent environmental inspectors confirming that the Property and any site within
the vicinity of the Property (i) has not contained and does not currently contain any Hazardous
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
Material or underground storage tanks or any other pollutants that could be detrimental to the
Property, human health or the environment, (ii) does not contain radon gas in levels unacceptable to
CITI, (iii) complies with all applicable Hazardous Material Laws and has not been identified by any
environmental regulatory body as a site containing Hazardous Material or underground storage tanks,
(iv) shows no other environmental problem that would bring the Property within the purview of any
federal, state or local environmental law or ordinance, and (v) contains no residual effect due to the
removal of storage tanks or Hazardous Material. All deficiencies with respect to any environmental
matters which CITI deems to be material shall be corrected by Borrower at its own expense to the
satisfaction of CITI. “Hazardous Material” means and includes, without limitation, mold, asbestos
and any substance containing asbestos, the group of organic compounds known as polychlorinated
biphenyls, flammable explosives, radioactive materials, lead-based paint, chemicals known to cause
cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions or related materials
and any items included in the definition of hazardous or toxic wastes, materials or substances under
the Hazardous Material Laws. “Hazardous Material Laws” mean and include, all federal, state and
local statutes, ordinances, regulations, orders, and decrees now or hereafter promulgated in
connection with preserving the environment and/or the handling, storage, transport and disposal of
Hazardous Material.
21.
Separate Tax Parcel(s). The Property shall constitute one or more separate and distinct tax
parcels for purposes of all real estate taxes and assessments. There shall be no overlap whatsoever
between the Property and any other property which will not be subject to the first lien of the Security
Instrument. Borrower shall also furnish the most recent tax bills for the Property.
22.
Low-Income Housing Tax Credits(“LIHTC”). CITI must approve any land use restriction
agreement or regulatory agreement regulating or restricting the use or manner of operation of the
Property and requiring that the Property be operated as a residential rental project occupied by
individuals of low income (as provided for in the Treasury Regulations under Section 42(g) of the
Internal Revenue Code). Such regulatory agreement must provide that the Property shall at all times
be operated in such manner as to comply with the requirements of the Internal Revenue Code, the
Treasury Regulations and IRS Rulings for obtaining and for preserving the LIHTC. In addition, the
eligibility of the Property for LIHTC shall be evidenced to CITI in a manner satisfactory to CITI.
Such regulatory agreement must be reviewed and approved in writing by CITI.
23.
Equity and Funding Conditions. CITI must approve the partners/members (including the Tax
Credit Investor), the applicable investment agreement, and the organizational documents of
Borrower. CITI must receive and approve evidence satisfactory to CITI in all respects that the
amount of the equity contribution is projected to be at least the level used by CITI in underwriting
the transaction. In addition, prior to the Closing Date, CITI must receive and approve evidence
satisfactory to CITI in all respects that Borrower (i) has timely received all required equity
contributions to be made to Borrower as of the Closing Date, (ii) has fully funded, for the benefit of
the Property, all cash required to be invested in the Property as of the Closing Date, and (iii) has
made satisfactory arrangements to fund all cash required to be funded after the Closing Date.
Borrower must also provide and CITI must approve in writing any developer’s agreement relating to
the Property.
24.
Interim Phase Budget. CITI will require satisfactory evidence that other funds and Loan
Proceeds are adequate to complete the Improvements and carry the costs of the Property (including
but not limited to interest, taxes, insurance, and operating costs), as determined by CITI based upon
its review of scope of work, the Appraisal and other relevant information. Citibank reserves the right
to receive, review and approve all project expenditures made prior to closing.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
25.
Architectural Consultant and Construction Inspector. CITI shall have approved an
architectural consultant to monitor the progress of the Improvements (the “Architectural
Consultant”) and Borrower and the Architectural Consultant shall have executed and delivered to
CITI a Construction Monitoring Agreement in form and substance acceptable to CITI, pursuant to
which the Architectural Consultant shall agree to certify hard cost progress payments and to provide
the certifications required pursuant to this Commitment upon completion of the Improvements. In
addition, CITI will enter into an agreement directly with a construction inspector (“Construction
Inspector”) for the benefit of CITI, but at the sole cost and expense of Borrower, to review the plans
and specifications, contracts and budget for the Improvements and to monitor the progress of the
construction of the Improvements in the manner required by CITI.
26.
Approved Plans. CITI and its engineering consultants and the Construction Inspector shall
have received and approved the plans and specifications for the Improvements (such plans and
specifications, as approved by CITI are referred to herein as the “Approved Plans”), the budget for
completion of the Improvements, a fixed or a guaranteed maximum price contract for completion of
the Improvements with a general contractor acceptable to CITI and a construction draw schedule for
the Improvements.
27.
Change Orders. The Approved Plans and the Construction Contract, and any change orders
issued thereunder, will be subject to the approval of CITI.
28.
Contractors. The architect, general contractor and such other contractors and subcontractors
with respect to the Property as shall be identified by Borrower and approved by CITI shall have
acknowledged the collateral assignment of their respective contracts to CITI and agreed in writing
to continue performance on behalf of CITI under their respective contracts without additional cost in
the event of a default by Borrower, which agreements shall be in form and substance acceptable to
CITI and its counsel.
29.
Payment and Performance Bonds. To the extent indicated on Exhibit A hereto, Borrower
shall be required to deliver to CITI payment and performance bonds with respect to its contractor
and major subcontractors (as determined by CITI).
30.
Additional Documents. Upon request by CITI, Borrower shall furnish CITI with any
documentation being furnished to any other party lending or investing in the Property (including
CITI), including any plans for the Improvements, construction budgets, contracts and disbursement
requests. In addition, Borrower shall deliver to CITI all other documents, instruments and other
items required by CITI in connection with the financing of the Project.
31.
Fees and Expenses.
Borrower shall have paid the Origination Fee (as hereinafter
defined) and any other costs and expenses then due and payable pursuant to the provisions of this
Commitment.
C.
Conversion of the Financing to the Permanent Phase. Upon satisfaction of the conditions required
by the provider of the LIHTC equity and the provider(s) of the Approved Subordinate Financing (the
“Conditions to Conversion”), the financing will undergo conversion (the “Conversion”) to the Permanent
Period, as defined further herein. It is expressly noted that the Loan shall only be for the Interim Phase, as
defined further herein. The source of repayment of the Loan is anticipated to be LIHTC equity and proceeds
from the Approved Subordinate Financing. The provider of the LIHTC equity shall be subject to CITI’s
approval. The LIHTC equity and the Approved Subordinate Financing shall be committed in amounts
satisfactory to CITI in its sole discretion, and both shall be committed at the closing of the Loan. All
Conditions to Conversion established by the provider of the LIHTC equity and by the provider(s) of the
Approved Subordinate Financing are subject to CITI’s approval.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
The Conditions to Conversion must be satisfied and Conversion must occur no later than the Outside Maturity
Date, as defined in Exhibit A attached hereto, subject to extension in CITI’s sole discretion. For purposes of
this Commitment, the term Interim Phase means the period from the Closing Date through the day prior to
the Conversion Date and the term Permanent Phase means the period from the Conversion Date (inclusive)
through the maturity date (or earlier termination) of the Project’s permanent financing.
D.
Fees and Expenses.
Borrower shall be responsible for the following fees and expenses in
connection with the financing:
1.
Application Fee. Borrower hereby acknowledges requirement of an application fee (the
“Application Fee”) of $25,000, which amount shall be non-refundable. In the event additional funds
are required to complete CITI’s review and due diligence, Borrower will be advised of such costs in
advance. Any and all additional costs will be billed to Borrower as they are incurred. The Application
Fee is applicable toward third party reports, underwriting and processing, and CITI’s legal fees.
2.
Origination Fee. The Origination Fee as set forth in Exhibit A shall be due and payable on the
Closing Date. The Origination Fee reflects a fee payable to CITI in exchange for providing financing
for the Project.
3.
[Intentionally Removed.]
4.
Fees and Expenses. Borrower shall pay when due, whether or not the Loan closing occurs,
all reasonable and actual expenses, fees and charges with respect to the Loan, the Loan processing
and the Loan closing, or in any way connected therewith, including, without limitation, appraisal
fees, survey costs, title insurance costs, architectural fees, engineering fees, inspection fees, mortgage
or similar taxes and all attorneys’ fees and legal costs of CITI. Without limiting the foregoing,
Sponsor specifically agrees to pay all costs relating to document preparation and review of real estate
due diligence items by counsel to CITI.
E.
Assignment; Acceptance; Termination.
1.
Acceptance. In order for this Commitment to be effective, Sponsor must execute a copy of
this Commitment and return it to CITI within five (5) business days after the date first set forth above
(the “Outside Acceptance Date”), time being of the essence.
2.
Expiration. This Commitment must be accepted, and the Tax Credits must be allocated prior
to the Outside Closing Date set forth in Exhibit A , or this Commitment shall terminate and be of no
further force and effect. In the event that Sponsor does not obtain an allocation for the full amount
of the Tax Credits at least thirty (30) days prior to the Outside Closing Date, Sponsor may request
an extension of this Commitment (not to exceed ninety (90) days), which extension shall be in CITI’s
sole discretion.
3.
Termination. CITI may terminate this Commitment at any time if:
a.
Any material adverse change (financial or otherwise) shall occur at any time prior
to the Closing Date with respect to (i) the Property, the proposed Improvements, and/or the
other security for the Loan, or (ii) the credit of Borrower and/or Sponsor (and/or any of the
principals of Borrower and/or Sponsor) or any Guarantor or any other person or entity con-
nected with the Loan, or (iii) any other source of repayment of the Loan.
b.
Any part of the Property shall have been taken in condemnation or other like
proceeding, or any such proceeding is pending or threatened as of the Closing Date, or any
part of the Property is damaged and not repaired to CITI’s satisfaction prior to the Closing
Date.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
c.
If requested, certifications of the non-occurrence of (a) and (b) above, in form
acceptable to CITI, are not executed by Borrower on the Closing Date, or if Borrower has
not delivered on the Closing Date updated personal financial statements for any Guarantor.
d.
After acceptance of this Commitment, the Loan is not closed on or prior to the
Outside Closing Date (as the same may be extended pursuant to Section E2. hereof).
e.
If, in CITI’s sole judgment, CITI’s underwriting and due diligence indicate the
reasonable possibility of a material adverse change in the Property, the proposed
Improvements, the Sponsor, the Borrower and/or any Guarantor.
f.
If the OFAC representation and warranty in Section F5. is no longer true and correct.
4.
Upon termination, Sponsor shall pay to CITI any other reasonable damages CITI may have
incurred due to non-delivery of the Loan. Sponsor’s or Borrower’s obligation to pay all amounts
due under this Commitment shall survive the termination or expiration of this Commitment. If
Sponsor or Borrower fails or refuses to comply with the terms of this Commitment, CITI, at its option,
shall have the right to enforce any rights and remedies it may have at law or in equity, including, but
not limited to, the collection of costs and expenses arising out of such breach, including reasonable
attorneys’ fees and disbursements.
5.
Final Underwriting. By accepting this Commitment, Sponsor expressly acknowledges that
the obligation of CITI to provide the Loan is subject to the completion of final loan underwriting by
CITI, final CITI loan committee approval, and the satisfaction of any additional or differing
conditions including interest rates that may be required by CITI as a result of such committee
approval. By accepting this Commitment, Sponsor expressly acknowledges that the obligation of
CITI to provide the financing described in this Commitment is subject to the satisfaction of the
obligations and terms and conditions required by Citi for new construction and rehabilitation
projects.
F.
Miscellaneous.
1.
Further Assurances. Sponsor hereby expressly acknowledges that CITI intends to incur costs
upon Sponsor’s acceptance of this Commitment. Upon acceptance of the Commitment, Sponsor shall
be strictly obligated to close the transaction contemplated hereby. Sponsor acknowledges that failure
to close the transaction will subject CITI to substantial costs and damages. Therefore, Sponsor
hereby expressly agrees:
a.
To perform all of the requirements, terms and conditions contained herein at the time
and in the manner herein and as required by CITI.
b.
Refrain from taking any action that would result in CITI’s inability to arrange for
the provision of the Loan.
c.
Upon the request of CITI, to re-execute or ratify any of the Mortgage Documents.
2.
Indemnification for Brokerage Commissions. Sponsor acknowledges and agrees that any
fees due for Loan origination services shall be Sponsor’s sole responsibility. Borrower and Sponsor
shall indemnify and hold CITI harmless from and against any and all claims, demands and liability
for brokerage commissions, assignment fees, finders’ fees or other compensation whatsoever arising
from the issuance of this Commitment or the making of the Loan that may be asserted against CITI
by any person or entity. Sponsor’s and Borrower’s obligation to indemnify CITI hereunder
shall survive the termination or expiration of this Commitment.
3.
Authorization. Sponsor and the undersigned Guarantor hereby authorize CITI to obtain and
forward any and all credit information, including credit reports and financial statements and all other
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
information of any kind received or reasonably required in connection with this Commitment to any
potential investor.
4.
Exclusivity. The terms and provisions of this Commitment are intended for the sole and
exclusive benefit of CITI and Borrower, and not for the benefit of, nor for the purpose of being relied
upon, by any other party.
5.
OFAC Provisions. Sponsor hereby represents and warrants that no portion of the Property
has been or will be purchased, improved, equipped or furnished with proceeds of any illegal activity.
Sponsor further represents and warrants that to the best of Sponsor’s knowledge, after having made
diligent inquiry, Sponsor, Borrower, each Person owning a direct or indirect interest in Borrower,
each Guarantor, each person owing a direct or indirect interest in each Guarantor, the Property
Manager, and each tenant at the Property: (a) is not currently identified on OFAC List, and (b) is not
a Person with whom a citizen of the United States is prohibited to engage in transactions by any trade
embargo, economic sanction, or other prohibition of United States law, regulation, or Executive
Order of the President of the United States. The Sponsor further acknowledges and agrees that it
shall have a continuing obligation during the processing of this Commitment to notify CITI promptly
if it knows or has reason to believe that the representations and warranties contained herein are no
longer correct. Sponsor has implemented procedures, and will consistently apply those procedures
throughout the term of the Loan, to ensure the foregoing representations and warranties remain true
and correct during the term of the Loan. For the purposes hereof, “OFAC List” means the list of
specially designated nationals and blocked persons subject to financial sanctions that is maintained
by the U.S. Treasury Department, Office of Foreign Assets Control and any other similar list
maintained by the U.S. Treasury Department, Office of Foreign Assets Control pursuant to any
Requirements of Law, including, without limitation, trade embargos, economic sanctions, or other
prohibitions imposed by Executive Order of the President of the United States, which OFAC List is
accessible through the internet website http://www.treasury.gov/ofac/downloads/t11sdn.pdf and
“Person” means an individual, partnership, limited partnership, corporation, limited liability
company, business trust, joint stock company, trust, unincorporated association, joint venture,
governmental authority or other entity of whatever nature.
6.
Borrower’s Representations. The validity of this Commitment and CITI’s obligations
hereunder shall at all times be subject to the accuracy and validity of all information and
representations furnished by Sponsor to CITI with regard to the Loan and Tax Credits, which shall
have been and shall continue to be true and not misleading in all material respects.
7.
Loan Data. All inspections, reports, appraisals, environmental studies or other data
submitted to, commissioned for, conducted or produced by or for CITI are for its benefit and use and
shall be the property of CITI. No right of inspection or approval contained in this Commitment shall
be deemed to impose upon CITI any duty or obligation whatsoever to take any action or to notify
any person with respect thereto, and no liability shall be imposed upon any such party and no
warranty shall be deemed or construed to arise by reason of any inspection undertaken or approval
given by any such party, its agents, employees or representatives, any such inspections and approvals
being made solely for the benefit of such party. The provisions of this paragraph shall survive
the termination or expiration of this Commitment.
8.
Discretion. In any instance where the consent or approval of CITI may be given or is
required, or where any determination, judgment or decision is to be rendered by CITI under this
Commitment, the granting, withholding or denial of such consent or approval and the rendering of
such determination, judgment or decision shall be made or exercised by CITI (or its designated
representative) at its sole and exclusive option and in its sole and absolute discretion.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
9.
Waiver. CITI reserves the right, in its sole discretion, to waive in whole or part any of the
terms, requirements and conditions in this Commitment, the Mortgage Documents or other
documents referenced herein; provided, however, that such waiver shall in no event be construed to
constitute a waiver of the applicable terms, requirements or conditions as they may apply in the
future.
10.
Successors and Assigns. Sponsor acknowledges and agrees that CITI at its option may
assign or otherwise transfer the Loan and all documents evidencing and securing the Tax Credits
including, but not limited to, this Commitment, to other parties subsequent to the execution of this
Commitment. Neither Sponsor nor Borrower may assign its rights, interest, or obligations under this
Commitment without first obtaining CITI’s prior written consent. This Commitment shall be binding
upon the successors and permitted assigns of Borrower.
11.
Governing Law. This Commitment shall be governed by and construed in accordance with
the laws of the State of New York. Sponsor agrees that any legal action that may arise out of this
Commitment will be commenced only in the United States District Court, Southern District of New
York, or New York State Courts sitting in New York County, New York, and Sponsor hereby submits
to the jurisdiction of any such court. All Mortgage Documents (other than this Commitment) shall
be governed by the laws of the State where the Property is situated. The governing law election
with respect to this Commitment shall survive the termination or expiration of this
Commitment.
12.
WAIVER OF TRIAL BY JURY. SPPONSOR AGREES NOT TO ELECT A TRIAL BY
JURY WITH RESPECT TO ANY ISSUE ARISING OUT OF THIS COMMITMENT OR THE
RELATIONSHIP BETWEEN CITI AND BORROWER OR SPONSOR THAT IS TRIABLE OF
RIGHT BY A JURY AND WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO
SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE
FUTURE. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN BY SPONSOR
KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL
COUNSEL AND APPLIES TO ALL ACTIONS WHETHER ARISING IN CONTRACT, TORT,
EQUITY OR OTHERWISE. THIS PROVISION SHALL SURVIVE THE TERMINATION
OR EXPIRATION OF THIS COMMITMENT.
13.
Survival. The covenants, terms and conditions set forth in this Commitment shall not survive
the Closing Date (unless expressly provided to the contrary). In the event of any conflict between
this Commitment and the Mortgage Documents, the Mortgage Documents shall prevail.
14.
Confidentiality The provisions of this Commitment and all of the terms and conditions
contained herein are confidential and Sponsor shall not share this Commitment, or the terms and
conditions contained herein, with any third party. This confidentiality provision shall survive the
termination or expiration of this Commitment.
15.
Anti Tying Policy.
CITI maintains a policy of strict compliance with the anti-tying
provisions of the U.S. Bank Holding Company Act of 1956, as amended, and the regulations issued
by the Federal Reserve Board implementing the anti-tying rules (collectively, the "Anti-tying
Rules"). Moreover, our credit policies provide that credit must be underwritten in a safe and sound
manner and be consistent with Section 23B of the Federal Reserve Act and the requirements of
federal law. Consistent with these requirements and our Anti-tying Policy:
a.
The extension of commercial loans or other products or services to you by CITI or
any of its subsidiaries will not be conditioned on your taking other products or services
offered by CITI or any of its subsidiaries or affiliates, unless such a condition is permitted
under an exception to the Anti-tying Rules.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
b.
CITI will not vary the price or other terms of any product or service offered by CITI
or its subsidiaries on the condition that you purchase another product or service from CITI
or any CITI affiliate, unless CITI is authorized to do so under an exception to the Anti-tying
Rules.
c.
CITI will not require you to provide property or services to CITI or any affiliate of
CITI as a condition to the extension of a commercial loan to you by CITI or any of its
subsidiaries, unless such a requirement is reasonably required to protect the safety and
soundness of the Loan.
d.
CITI will not require you to refrain from doing business with a competitor of CITI
or any of its affiliates as a condition to receiving a commercial loan from CITI or any of its
subsidiaries, unless the requirement is reasonably designed to ensure the soundness of the
Loan.
[No Further Text on this Page]
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
If you have any questions relating to this Commitment, or if we can be of any further assistance, please
do not hesitate to let us know.
Very truly yours,
CITIBANK. N.A., a national banking association
By:
Name: Richard Gerwitz
Title: Vice President
The undersigned hereby accepts the foregoing Commitment and agrees to be bound by the terms,
requirements and conditions set forth herein.
Date:
SPONSOR:
RPM DEVELOPMENT GROUP
By:
Name:
Title:
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
EXHIBIT A
COMMITMENT TERMS
This Exhibit A is an integral part of, and establishes additional terms, conditions and requirements
of, the Commitment to which this is annexed.
SUMMARY OF MORTGAGE LOAN TERMS
Project:
Union City Senior, a 101-unit senior new construction
project.
Maximum Construction Loan Amount:
An amount estimated to be $39,963,261
Construction Period Interest Rate:
Estimated to be 8.64%.
Number of Units:
101.
Low-Income Units:
6 of the units are reserved for Seniors (55+) whose
income is no greater than 20% of Area Median Income
(“AMI”), 5 of the units are reserved for Seniors (55+)
whose income is no greater than 30% of AMI, 89 of the
units are reserved for Seniors (55+) whose income is no
greater than 60% of AMI. One unit is reserved for
property management. 100 of the units are covered by a
form of Project Based Rental subsidy.
Origination Fee:
A fee, payable to CITI, equal to 1.00% of the Loan
amount.
Guarantor(s):
Edward Martoglio and RPM Development Group
Outside Closing Date:
Estimated to be 4th Quarter 2023.
Initial Construction Period:
Outside Conversion Date:
36 months.
December 2026, subject to extension upon availability
and satisfaction of such extension requirements.
Possible Extension Period(s):
1st extension: 6 months for a fee equal to 0.15% of the
Construction Loan and any undrawn proceeds; 2nd
extension: 6 months for a fee equal to 0.25% of the
Construction Loan and any undrawn proceeds.
Loan Sizing Criteria:
Maximum Loan to Cost: 80%.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
Required Reserves following
Conversion:
$390/Unit/Year.
Approved Subordinate Financing:
The terms, conditions and documentation of the
Approved Subordinate Financing, if any, including the
form of subordination agreement subordinating the
Approved Subordinate Financing to the Loan, are
subject to the review and approval CITI in its sole
discretion.
Payment and Performance Bonds:
Required from General Contractor.
Tax Credit Equity Provider:
To be determined. Must be acceptable to CITI in all
respects.
Permanent Phase Financing:
Closing is subject to CITI’s receipt of an acceptable
permanent loan take out commitment with a permanent
funding source, or sources, acceptable to CITI, to provide
for repayment of the Loan upon Conversion.
Preliminary Commitment – CITI Construction-Only Loan
Union City Senior (Union City, NJ)
July 7, 2023
EXHIBIT B
Initial Due Diligence Completed
1. Review of proposed income and expense statements (budget).
2. Review of estimated sources and uses statement.
TERM SHEET
NJ Aspire Tax Credit Bridge Loan
Union City Senior
July 7, 2023
NOTE: This Term Sheet constitutes a brief summary of certain, but not all, transaction terms and conditions for
discussion purposes only. The summary that follows is subject to credit approval and does not constitute an offer or
commitment.
In connection with this Term Sheet, CITI will be acting solely as a principal and not as your agent, advisor or
fiduciary. CITI has not assumed a fiduciary responsibility with respect to this Term Sheet, and nothing in this
transaction or in any prior relationship between you and CITI will be deemed to create an advisory, fiduciary
or agency relationship between us in respect of this Term Sheet. You should consider carefully whether you
would like to engage an independent advisor to represent or otherwise advise you in connection with this Term
Sheet, if you have not already done so.
PRELIMINARY LOAN TERMS
Transaction
Summary:
Citibank, N.A. (“CITI”) proposes to arrange a tax credit bridge loan (“Loan”) to the
Borrower (defined below) in connection with the NJ Aspire Tax Credits to be earned and
sold by the Borrower for the Property. The loan proceeds will be fully advanced on the
Conversion Date to bridge purchase proceeds for the remaining NJ Aspire Tax Credits.
Property:
A to-be-constructed multifamily project containing 101 units located in Union City, New
Jersey. The property is commonly referred to as “Union City Senior” (“Property”).
Set-Asides:
6 of the units are reserved for Seniors (55+) whose income is no greater than 20% of Area
Median Income (“AMI”), 5 of the units are reserved for Seniors (55+) whose income is no
greater than 30% of AMI, 89 of the units are reserved for Seniors (55+) whose income is
no greater than 60% of AMI. One unit is reserved for property management. 100 of the
units are covered by a form of project based rental subsidy.
Sponsor:
RPM Development Group
Borrower:
Life Management, Inc.
LIHTC Investor/
Syndicator:
The Low-Income Housing Tax Credit (“LIHTC”) Investor / Syndicator, the upper tier
investor(s) and the terms and conditions of the operating (or partnership) agreement must
be acceptable to CITI in all respects including, particularly, the timing and conditions to
funding capital contributions.
NJ Aspire Tax Credit
Investor:
The NJ Aspire Tax Credit Investor and the terms and conditions of purchase agreement
must be acceptable to CITI in all respects including, particularly, the timing, amount, and
conditions to funding tax credit purchase proceeds.
Term Sheet - CITI NJ Aspire Tax Credit Bridge Loan
Union City Senior (Union City, NJ)
July 7, 2023
Page 2
Guarantor(s):
Edward Martoglio and RPM Development Group and/or other individual(s) or corporate
entity acceptable to CITI in all respects. The Guarantor(s)’ financial condition(s) must be
acceptable to CITI in all respects.
Subordinate Debt:
The sources of subordinate debt and the subordinate loan documents must be acceptable
to CITI in all respects. All subordinate debt must fund prior to Loan funding unless CITI
approves other arrangements.
Loan Security:
(1) A first-priority collateral assignment of all proceeds from the sale of the NJ Aspire Tax
Credits to the NJ Aspire Tax Credit Investor; (2) A first-priority collateral assignment of
the NJ Aspire Tax Credits, (3) a pledge of the partnership/membership interests of the
general partner(s)/managing member(s) of the Borrower; and, if applicable, a pledge of the
partnership/membership interests of any limited partner(s)/investor member(s) of the
Borrower that are (is) an affiliate(s) of the Applicant or the Guarantor.
For the avoidance of doubt, the Permanent Loan First Mortgage Lender will not have a
collateral interest in the NJ Aspire Tax Credits or proceeds from the sale of the NJ Aspire
Tax Credits, to be detailed in an Intercreditor Agreement.
Recourse Guarantees:
Until the Loan is repaid in full the Loan will be fully recourse to the Borrower and to the
Guarantor(s) and Repayment Guarantees are required from the Borrower and the
Guarantor(s).
Environmental
Indemnity:
Borrower and Guarantor(s) will be liable for CITI’s standard environmental indemnity.
Closing:
Closing is subject to full satisfaction of CITI’s standard due diligence, underwriting and
credit approval processes, and the execution and delivery of all required loan documents,
delivery of opinions, payment of fees and other customary requirements.
The NJ Aspire Tax Credit Bridge Loan will close simultaneously with the CCC
Construction Loan; however, the NJ Aspire Tax Credit Bridge Loan will be funded on the
Conversion Date, upon confirmation of the final NJ Aspire Tax Credit Award and
confirmation of commitment by an NJ Aspire Tax Credit Investor to purchase the NJ
Aspire Tax Credits.
Closing Date (est.):
Estimated to be 4th Quarter of 2023
Loan Amount:
The Loan amount is current estimated to be $13,424,877 with the following assumptions:
Annual NJ Aspire Credits = $2,507,307
NJ Aspire Tax Credit Purchase Price for Loan Sizing = $0.85/credit ($0.90 purchase price)
Years of NJ Aspire Tax Credits Bridged = 9 Years
10-Year Treasury = 3.80%
Spread = 4.000%
Fixed, all-in rate = 7.80%
Loan Amount is subject to change and will be determined based on the final Interest Rate,
number of years of Aspire tax credits bridged, and conditions of the NJ Aspire Tax Credit
purchase agreement. The NJ Aspire Bridge Loan will only bridge NJ Aspire Tax Credit
proceeds received from the sale of NJ Aspire Tax Credits to the NJ Aspire Tax Credit
investor post-conversion. It is currently expected that there will be 1 year of tax credits
earned and sold prior to conversion and funding of the NJ Aspire Bridge Loan that are not
being bridged by the NJ Aspire Tax Credit Bridge Loan.
Term Sheet - CITI NJ Aspire Tax Credit Bridge Loan
Union City Senior (Union City, NJ)
July 7, 2023
Page 3
Term:
Maturity Date is expected to be 9 years from funding. Funding is expected to occur on the
Conversion Date. If only 8 years of credits are bridged, then the maturity date will be 8
years from funding.
Amortization Period:
9 Years, fully amortizing. Principal and Interest to be paid annually through the sale of the
NJ Aspire Tax Credits. If only 8 years of credits are bridged, then the term will be 8 years,
fully amortizing.
Interest Rate:
Fixed rate equal to 10-Year Treasury plus a spread of 4.00%. Currently, 10-Year Treasury
is trading at approximately 3.80%, thus the current indicative rate is 7.80%.
Interest Day Count:
Actual/360
Availability:
It is anticipated that Loan proceeds will be fully advanced to Borrower on the Conversion
Date.
Prepayment and
Yield Maintenance:
In connection with any prepayment (i.e., any receipt by Lender of principal, other than
principal required to be paid in annually) prior to the Maturity Date, a prepayment premium
for yield maintenance shall be payable.
FEES & EXPENSES
Origination Fee:
A non-refundable Origination Fee equal to 0.50% of the NJ Aspire Tax Credit Bridge Loan
amount (“Origination Fee”) shall be earned in full by CITI upon the closing of the Loan
and is due and payable at that time.
CITI Legal Fees (est):
Estimated fees of CITI’s counsel for the initial closing are to be determined. A portion of
the Application Fee will be applied to initial CITI counsel fees. Applicant agrees to make
a supplemental deposit to cover CITI’s counsel fees once the drafting of legal
documentation commences, if requested.
Other Costs:
Applicant is responsible for all normal and customary loan closing expenses.
Term Sheet - CITI NJ Aspire Tax Credit Bridge Loan
Union City Senior (Union City, NJ)
July 7, 2023
Page 4
This Term Sheet is an indication of our proposal to finance the Property. It is understood and agreed that this Term
Sheet does not, in any manner, constitute a commitment to lend. The financing documents evidencing the Loan will
be documented separately and will contain terms and conditions that may be in addition to or in substitution of those
set forth in this Term Sheet.
Any terms set forth herein are intended for discussion purposes only and are subject to the final terms as set forth in
separate definitive written agreements. This Term Sheet is not a commitment to lend, syndicate a financing,
underwrite or purchase securities, or commit capital. By accepting this Term Sheet, subject to applicable law or
regulation, you agree to keep confidential the existence of and proposed terms for any transaction contemplated hereby
(a “Transaction”).
The provision of information in this Term Sheet is not based on your individual circumstances and should not be relied
upon as an assessment of suitability for you of a particular product or transaction. Even if CITI possesses information
as to your objectives in relation to any transaction, series of transactions or trading strategy, this will not be deemed
sufficient for any assessment of suitability for you of any transaction, series of transactions or trading strategy.
This Term Sheet is provided for information purposes and is intended for your use only. Except in those jurisdictions
where it is impermissible to make such a statement, CITI hereby informs you that this Term Sheet should not be
considered as a solicitation or offer to sell or purchase any securities or other financial products. This Term Sheet does
not constitute investment advice and does not purport to identify all risks or material considerations which should be
considered when undertaking a transaction. CITI makes no recommendation as to the suitability of any of the products
or transactions mentioned. Any trading or investment decisions you take are in reliance on your own analysis and
judgment and/or that of your advisors and not in reliance on us.
CITI often acts as (i) a market maker; (ii) an issuer of financial instruments and other products; and (iii) trades as
principal in many different financial instruments and other products, and can be expected to perform or seek to perform
investment banking and other services for the issuer of such financial instruments or other products. The author of this
Term Sheet may have discussed the information contained herein with others within or outside CITI and the author
and/or such other Citi personnel may have already acted on the basis of this information (including by trading for
CITI's proprietary accounts or communicating the information contained herein to other customers of CITI). CITI,
CITI's personnel (including those with whom the author may have consulted in the preparation of this Term Sheet),
and other customers of CITI may be long or short the financial instruments or other products referred to in this Term
Sheet, may have acquired such positions at prices and market conditions that are no longer available, and may have
Interests different from or adverse to your interests.
CITI is required to obtain, verify and record certain information that identifies each entity that enters into a formal
business relationship with CITI. CITI will ask for your complete name, street address, and taxpayer ID number. CITI
may also request corporate formation documents, or other forms of identification, to verify information provided.
Although Citibank, N.A. (together with its subsidiaries and branches worldwide, "Citibank") is an affiliate of CITI,
you should be aware that none of the financial instruments or other products mentioned in this term sheet (unless
expressly stated otherwise) are (i) insured by the Federal Deposit Insurance Corporation or any other governmental
authority, or (ii) deposits or other obligations of, or guaranteed by, Citibank or any other insured depository institution.
© 2023 Citigroup Global Markets Inc. Member SIPC. All rights reserved. Citi and Arc Design are trademarks and service marks of Citigroup Inc.
or its affiliates and are used and registered throughout the world.
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