New Jersey § 40a:20-9

§ 40a:20-9.

Every approved project shall be evidenced by a financial agreement between the municipality

and the urban renewal entity. The agreement shall be prepared by the entity and submitted as a separate part of

its application for project approval. The agreement shall not take effect until approved by ordinance of the municipality. Any amendments or modifications of the agreement made thereafter shall be by mutual

consent of the municipality and the urban renewal entity, and shall be subject to

approval by ordinance of the municipal governing body upon recommendation of the mayor

or other chief executive officer of the municipality prior to taking effect. The financial agreement shall be in the form of a contract requiring full performance

within 30 years from the date of completion of the project, and shall include the

following: a. That the profits of or dividends payable by the urban renewal entity shall be limited

according to terms appropriate for the type of entity in conformance with the provisions

of P.L.1991, c. 431 ( C.40A:20-1 et seq. ). b. That all improvements and land, to the extent authorized pursuant to section 12

of P.L.1991, c. 431 ( C.40A:20-12 ), in the project to be constructed or acquired by the urban renewal entity shall

be exempt from taxation as provided in P.L.1991, c. 431 ( C.40A:20-1 et seq. ). c. That the urban renewal entity shall make payments for municipal services as provided

in P.L.1991, c. 431 ( C.40A:20-1 et seq. ). d. That the urban renewal entity shall submit annually, within 90 days after the close

of its fiscal year, its auditor's reports to the mayor and governing body of the municipality . e. That the urban renewal entity shall, upon request, permit inspection of property,

equipment, buildings and other facilities of the entity, and also permit examination

and audit of its books, contracts, records, documents and papers by authorized representatives

of the municipality or the State. f. That in the event of any dispute between the parties matters in controversy shall

be resolved by arbitration in the manner provided in the financial agreement. g. That operation under the financial agreement shall be terminable by the urban renewal

entity in the manner provided by P.L.1991, c. 431 ( C.40A:20-1 et seq. ). h. That the urban renewal entity shall at all times prior to the expiration or other

termination of the financial agreement remain bound by the provisions of P.L.1991, c. 431 ( C.40A:20-1 et seq. ). The financial agreement shall contain detailed representations and covenants by the

urban renewal entity as to the manner in which it proposes to use, manage or operate

the project. The financial agreement shall further set forth the method for computing gross revenue

for the urban renewal entity, the method of determining insurance, operating and maintenance

expenses paid by a tenant which are ordinarily paid by a landlord, the plans for financing

the project, including the estimated total project cost, the amortization rate on

the total project cost, the source of funds, the interest rates to be paid on the

construction financing, the source and amount of paid-in capital, the terms of mortgage

amortization or payment of principal on any mortgage, a good faith projection of initial

sales prices of any condominium units and expenses to be incurred in promoting and

consummating such sales, and the rental schedules and lease terms to be used in the

project. Any financial agreement may allow the municipality to levy an annual administrative

fee, not to exceed two percent of the annual service charge.