On February 26, 2007,
Joseph J. Maraziti, Jr. testified before
the Senate Committee on Community and Urban Affairs, Bill No. S1975,
entitled "Revises law concerning eminent domain and municipal
redevelopment," sponsored by Senator Ronald R. Rice.
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This 50-acre redevelopment project located on the Arthur Kill includes approximately 2,000 residential units (condominiums, apartments and townhouses); a hotel; retail space (restaurants and stores); and the construction of public parks, a community cultural arts center and a waterfront promenade. MFH was involved in the area designation and redevelopment plan process, preparation of the Request for Proposal (RFP) for the redeveloper and the negotiation and preparation of the Redevelopment Agreement. We also transferred City property to the redeveloper, acquired property by condemnation and advised the City on environmental issues and the unique liability protection tools associated with municipal ownership of contaminated property.
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MFH represented the Perth Amboy Redevelopment Agency (“PARA”) with regard to area designation, the redevelopment plan and preparation of the Redevelopment Agreement for this mixed-use project located in the center of Perth Amboy consisting of a 124-unit apartment complex, 3-level parking deck, new supermarket and other retail uses. This project was challenged in state and federal court with regard to the area designation process and certain condemnation actions brought by PARA. The firm successfully defended these challenges and the project is moving forward. It is one of the few projects to receive tax credit financing ($40M) from the State for providing moderate-income housing on a portion of the project.
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The LPCCD is one of Newark's newest organizations, blending arts, cultural planning and event programming with community economic development. Incorporated in 1999, the mission of LPCCD is to plan, design and develop a comprehensive arts and cultural district and establish a museum dedicated to collecting, interpreting, preserving, archiving and exhibiting African-American music. With assistance from Maraziti, Falcon & Healey, the LPCCD recently acquired many city-owned parcels near Lincoln Park between Broad and Washington Streets, including the former South Park Presbyterian Church, in what has been designated the Symphony Hall Redevelopment Area. In addition to the Museum, which will use the facade of the old church as its entrance way, LPCCD is developing a high-quality mixed-use, pedestrian-oriented environment that will provide commercial and housing opportunities for existing and new residents, suitable live-work arrangements for artists, musicians and dancers and a retail and service market for both local and regional patrons. MFH represents LPCCD in its redevelopment efforts.
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The firm recently negotiated a Redevelopment Agreement between Carneys Point Township and Heritage Building Group. The redevelopment will cover approximately 1,200 acres of underutilized and contaminated property. The project will result in the remediation of an abandoned asphalt plant, the construction of about 1,200 residential units, 400,000 square feet of commercial and retail space and public amenities, including nature and hiking trails, a community clubhouse and the remediation of a lake to permit swimming and boating by local residents.
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The firm assisted PARA with the developer selection process and negotiated and prepared the Redevelopment Agreement for this new light manufacturing warehouse project being constructed on contaminated property in the City’s old industrial section. MFH also assisted PARA in understanding and addressing the environmental issues that challenged this redevelopment project.
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The City of Perth Amboy is expanding one of its main thoroughfares by constructing ramps and widening roads to accommodate increased traffic flow to other waterfront redevelopment projects being constructed in the City. The firm represents the City in a significant acquisition effort involving both voluntary agreements and condemnation of more than 15 properties, some of which are contaminated and which are being valued in accordance with the principles set forth in, Housing Authority of the City of New Brunswick v. Suydam Investors, Inc., 177 N.J. 2 (2003). Highlights of the project include successfully negotiating an easement with the Port Authority of New York and New Jersey; acquiring property from Conrail; negotiating easements with Kinder Morgan Liquid Terminals, Inc.; and negotiating easements to relocate two petroleum pipelines owned by Colonial Pipeline Company.
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Our client, The Affordable Harding Corporation, negotiated financing to construct a 24-unit low and moderate-income housing project in Harding Township. By virtue of this housing development, much needed quality housing will be available to persons of modest means and Harding Township will meet its ongoing obligation to provide for the same under the rules of the Council on Affordable Housing. The housing is being constructed on property owned by the Township. Through an innovative public/ non-profit enterprise, the project should be completed in August 2006 and the development, known as “The Farm at Harding,” will begin to be occupied immediately thereafter. The corporation has negotiated a Management Agreement with the Gershen Group to rent the dwellings and to manage the development going forward. Kit Falcon is general counsel to the non-profit corporation and has assisted it with its various legal requirements since inception.
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This multi-phase waterfront redevelopment project located in Carteret will include a substantial number of residential units, office space, large and small-scale retail components, open space, walkways and recreation areas. The firm assisted the Borough negotiate the Redevelopment Agreement after the developer was selected.
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This project involves redevelopment of a 5-acre vacant parking lot across the street from the Passaic County Court House. The redeveloper’s plan is to construct a $130 Million 5-story complex that will include office and retail space, a 10-screen movie theater, residential units and a significant parking structure. As Special Redevelopment Counsel to the City of Paterson, the firm prepared the RFP for developer solicitation, participated in the designation of the redeveloper by negotiating a Memorandum of Understanding and negotiated a Redevelopment Agreement with the redeveloper. The Paterson Parking Authority owns the property, but the City owns the development rights and can generate revenues through parking fees. The firm worked closely with the Authority, the City and the redeveloper to structure the development, financing and construction of the new parking structure through a public/private partnership. This complicated transaction successfully closed recently with the help of Maraziti, Falcon & Healey.
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The City of Plainfield razed a large downtown block to make way for new development which unfortunately took over 40-years to mature. In the interim, the site was used as a park and was designated as a Green Acres parcel in the 1990s. A few years ago, the Union County Improvement Authority agreed to finance the construction of a four-story, 100,000 square foot office building for county and state offices, two one-story commercial buildings with retail and professional components and a 300-car parking deck. The firm represents the City of Plainfield regarding contract and litigation matters that have arisen in connection with removing the Green Acres designation and pursuing the redevelopment project. In re Amendment to Recreational and Open Space Inventory of City of Plainfield, 353 N. J. Super. 310 (App. Div. 2002).
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Fifty years ago, seven Bergen County towns deeded the County 1,200 acres of land, mostly abandoned landfills, to be developed into one large park. That plan is now underway. The plan is to level about 400-acres using massive amounts of dredged spoil and then construct park amenities including an amphitheater, soccer and baseball fields and a boat launch. The firm represented Bergen County in preparing a complex Request for Proposal for developers to remediate and construct the park.
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The firm represents the City of Wildwood in connection with the redevelopment of a former municipal landfill and public works facility located on the Bay to provide a new waterfront residential development. The firm assisted the City with the selection of the redeveloper and the preparation and execution of a Memorandum of Understanding allowing the transfer of a one million dollar initial payment to the City. The firm is currently negotiating the Redevelopment Agreement.
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The firm is counsel to the Township of Millburn, which has recently adopted a Resolution requiring the Planning Board to undertake an area in needs study to determine if a downtown area qualifies for redevelopment. We will be assisting the Township through the redevelopment process.
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With guidance from PARA and the Mayor, MFH negotiated a redevelopment agreement with PA-PDC Perth Amboy, L.L.C. for the construction of the iPort International Trade and Logistics Center situated north of the Outerbridge Crossing. The redevelopment project calls for the construction of a waterfront greenway, technology/flex and flex/warehousing on approximately 146 acres along the waterfront.
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With guidance from PARA and the Mayor, MFH successfully negotiated a redevelopment agreement with Kaplan at Perth Amboy, L.L.C. for the construction of approximately 311 residential units with parking to be located near the City of Perth Amboy’s new municipal complex, which is presently under construction. As part of the project, MFH also successfully acquired property by way of negotiated agreements with Conrail and others and by condemnation.
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With guidance from PARA and the Mayor, MFH successfully negotiated a redevelopment agreement with Victory Realty, L.L.C. for property located at the gateway to the City of Perth Amboy. The redevelopment agreement calls for a gateway retail center and office center with various residential units and recreational access to the Raritan River. As part of the project MFH will also be involved in acquiring properties on behalf of the Redevelopment Agency.
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Maraziti, Falcon & Healey represented ARC Properties, a private redeveloper, in obtaining the first Redevelopment Reimbursement Agreement from the State under the Brownfield and Contaminated Site Remediation Act, which provides for the reimbursement of 75% of a redeveloper’s cleanup costs from sales taxes generated by the project. ARC constructed a commercial complex consisting of retail space, restaurants and a bank on a former contaminated and bankrupt industrial parcel along Route 1 in Edison. The State provided ARC with a check for over $1.2 million dollars as reimbursement for cleanup costs. The project was also awarded the “Brownfields Phoenix Award” by the United States Environmental Protection Agency.
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The firm represented a national retail development company in the redevelopment of a contaminated manufacturing site on Route 3 in Clifton. The site required ISRA and Spill Act compliance and involved the drafting of complex documents to complete the acquisition and long-term cleanup.
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This site is an abandoned chemical factory that has an expensive cleanup component and many potential responsible parties who have joined together to address cleanup. The DEP has designated the site a Brownfield Redevelopment Area (BDA) and is coordinating assistance from many state agencies to help the City redevelop the site. The firm represented the Elizabeth Development Corp. and provided counsel on liability management and effective cleanup options using the State’s new BDA tool.
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The firm assisted the City of Trenton, an EPA Brownfield Pilot Grant recipient, in seeking cost recovery for cleanup of a former battery manufacturing plant later used to manufacture Magic Markers. This site is also a BDA. The firm helped the City coordinate grants and other assistance from various state agencies so that the site can be redeveloped to fit the surrounding residential neighborhood.
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MFH represents the Somerset Raritan Valley Sewerage Authority (SRVSA) with regard to contractual issues related to the construction of a large diameter gravity parallel sewer pipeline that goes from the Authority’s existing meter chamber in Bridgewater to the Wastewater Treatment Plant located in Bridgewater Township. The pipeline, a $10M project, will benefit many communities in the area. MFH negotiated with dozens of property owners to acquire the necessary easements. In some instances, litigation was required. In the end MFH acquired all necessary easements and negotiated a construction contract with Metra Industries, the company awarded the construction contract. The project is due to be completed in 2007.
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MFH also represents SRVSA in the acquisition of easements to extend the Authority’s outfall pipeline which presently discharges to Cuckolds Brook and which must be extended to the Raritan River, a distance of thousands of feet, in order to comply with NJDEP requirements. The extended outfall pipe will have to go under an active rail line, through property owned by a water company, across power line easements, across a Superfund site and through wetlands to get to the river. The project presents many unique legal and engineering challenges.
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The firm is assisting the Morris County Municipal Utilities Authority in connection with a significant initiative commenced by the Authority to determine the feasibility of storing water in an abandoned mine adjacent to the Rockaway River. Water would be skimmed from the river in periods of high flow, stored in the mine and released in summer months when demand is high and the Authority’s wellfields require supplementation. NJDEP has awarded a grant to the Authority to further this innovative concept.
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