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HomeMy Public PortalAboutOrd. 06-07 OOrùimnt.c£ No. 06-07 af t~ £ ~anìuB~ af QIurt£r£Í, ~L 3J ~ Councilman Presents the following Ordinance Seconded by Councilman GUARANTY ORDINANCE OF THE BOROUGH OF CARTERET SECURING THE CARTERET REDEVELOPMENT AGENCY'S "PROJECT SPONSOR CONDUIT LOAN BONDS, SERIES 2006" IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $38,500,000 WHEREAS, on August 1, 1995, pursuant to and in accordance with the provisions of the Landfill Reclamation Improvement District Law, constituting Chapter 173 of the Pamphlet Laws of 1995 of the State of New Jersey (the "State"), and the acts amendatory thereof and supplemental thereto (the "Landfil1 Law", as codified in N.J.S.A. 40A:12A- 50 ~ ~.), the Borough of Carteret, a municipal corporation of the State of New Jersey (the "Borough"), finally adopted Ordinance 95-40 which established a landfill reclamation improvement district consisting of certain real property in the Borough as identified in such ordinance (the "Initial District"); and WHEREAS, pursuant to the Landfill Law, the Borough was deemed to have adopted a redevelopment plan at the time the Initial District was established; and WHEREAS, on November 2, 1995, the Borough Council adopted Resolution 95-346 relating to a redevelopment plan for the Initial District; and WHEREAS, on June 6, 1996, pursuant to the 1995 Landfill Law, the Borough finally adopted Ordinance 96-14 which expanded thc boundaries of the Initial District to include those properties identified in such ordinance (as expanded, the "District"); and WHEREAS, on March 7, 1997, Borough and the Bellemead Development Corp. _ ("Bellemead") entered into a redevelopment agreement relating to the District (the "Bellemead Agreement"); and WHEREAS, on March 7, 2002, by Ordinance 02-05, the Borough finally adopted an Amended and Restated Redevelopment Plan to govern the development of the Disttict ("Amended and Restated Redevelopment Plan"); and \VHEREAS, on February 5, 2004, the Borough adopted Resolution #04-53 authorizing the Borough to enter into a redevelopment agreement with regards to, inter alia, the redevelopment of the Phase I Project Site (as such tenn is defined in the hereinafter defined Redevelopment Agreement); and WHEREAS, on February 6, 2004, Bellemead and Borough executed that certain "Mutual Release", which among other things, tenninated the Bellemead Agreement and released each of the Borough and Bellemead from all claims arising out of the Bellemead Agreement (the "Bellemead Release"); and \VHEREAS, on February 6, 2004, thc Borough, acting III the capacity of a redevelopment entity pursuant to and in accordance with the Redevelopment and Housing Law, constituting Chapter 79 of the Pamphlet Laws of 1992 of the State, and the acts amendatory thereof and supplemcntal thereto (the "Redevelopment Law", as codified in NJ.SA 40A:12A-l !1 ~.), and TITAN-PDC CARTERET, LLC, a Delaware limited liability company (the "Redeveloper"), entered into that certain redevelopment agreement (the "Redevelopment Agreement") governing, among other things, the redevelopment of the Phase I Project Site (the "Phase I Redevelopment Project"); and WHEREAS, on May 6, 2004, the Borough adopted Resolution #04-160 declaring the Phase I Project Site as an area in need of redevelopment, all in accordance with the Redevelopment Law; and NO .06-07 I'AGE-L__.._____ WHEREAS, on October 7, 2004, the Borough finally adopted Ordinance #04-24, further amending and restating the Amended and Restated Redevelopment Plan, all m accordance with the Redevelopment Law; and WHEREAS, pursuant to and in accordance with the provisions of the Redevelopment - Area Bond Financing Law, constituting Chapter 310 o[the Pamphlet Laws of2001 of the State, and the acts amendatory thereof and supplemental thereto (the "Redevelopment Bond Law", as codified in N.J.SA 40A: 12A-64 -'! ~.), specifically N.J.SA 40A: 12A- 66(a), the Borough is authorized to provide for tax abatement within a redevelopment area and for payments in lieu of taxes ("PILOTS") in accordance with certain applicable provisions of the Long Tenn Tax Exemption Law, cons~ituting Chapter 431 of the Pamphlet Laws of 1991 of the State, and the acts amendatory thereof and supplement thereto (the "Long Term Tax Law", as codified in NJ.S.A. 40A:20-1 -'! ~.); and WHEREAS, pursuant to and in accordance with the provisions of the Redevelopment Bond Law, specifically N.J.S.A. 40A:12A-67(a), the Borough may issue, or cause to be issued, bonds [or the purpose of financing all or a portion of the costs of a redevelopment project, which bonds may be secured by PILOTS; and WHEREAS, pursuant to and in accordance with the provisions of the Redevelopment Bond Law, specifically NJ.SA 40A:12A-67(l), and the Local Bond Law, constituting Chapter 169 of the Panlphlet Laws of 1960 of the State, and the acts amendatory thereof and supplement thereto (the "Local Bond Law", as codified in NJ.S.A. 40A:2-1 m ~.), the Borough may provide for a full faith and credit guaranty of any bonds issued, whether by the Borough or any other authorized governmental entity, including without limitation, a redevelopment agency established in accordance with the Redevelopment Law, for the purposes of financing all or a portion of the costs of a redevelopment project; and WHEREAS, pursuant to the tenns of the Redevelopment Agreement, the Borough shall issue, or shall cause to be issued, bonds for the purpose of financing certain remediation costs of the Phase I Redevelopment Project, including without limitation, the cost of investigation, remediation and related creek relocation, wetlands mitigation al,1d other activities for the removal, treatment or containment of hazardous substances, the closure and post closure of any landfil1 located on the Phase I Project ,Site, and the construction - of the necessary remedial systems, including the foundations of any buildings to be constructed on the Phase I Project Site, related thereto (the "Phase I Remediation Project"), all of which shall constitute a Redevelopment Project, as such ternl is defined in the Redevelopment Bond Law; and WHEREAS, pursuant to the terms of the Redevelopment Agreement, and in accordance with the Redevelopment Law, Redevelopment Bond Law and Long Tenn Tax Law, as applicable, the Redeveloper has created and established Titan-PDC Carteret Urban Renewal, LLC, a Delaware limited liability company, (the "Redeveloper Urban Renewal Enlity"), as an urban renewal entity pursuant to and 111 accordance with the Redevelopment Agreement, Redevelopment Law, Redevelopment Bond Law, Long Term Tax Law and other applicable law; and WHEREAS, the Redeveloper Urban Renewal Entity has submitted an application to the Borough for the approval of an urban renewal project, as such term is used in the Long Tenn Tax Law, all in accordance with NJ.S.A. 40A:20-8 (the "Exemption Application"), which Exemption Application was accepted and approved pursuant to resolution of the Borough Council duly adopted on February 2, 2006; and WHEREAS upon the final adoption of an ordinance authorizing the execution thereof, the Borough and the Redeveloper Urban Renewal Entity shall enter into an agreement (the "Financial Agreement") to provide for, among other things, a tax exemption for the Phase I, Redevelopment Project and the payment of Annual Service Charges (as such teml is defined in the Long Tenn Tax Law); and WHEREAS pursuant to the Redevelopment Bond Law, specifical1y NJ.S.A. 40A:12A- 68, Annual Service Charges to be made by the Redeveloper Urban Renewal Entity pursuant to the terms of the Financial Agreement shall, upon the recordation of the Financial Agreement and the finally adopted ordinance of the Borough Council authorizing the execution of the Financial Agreement by the Borough, constitute a municipal lien within the meaning, and for all purposes, of law; and - NO. 06-07 PAGE 3 WHEREAS, pursuant to the tenns of the Financial Agreement, certain of such Annual Service Charges shall be pledged to the payment of the principal of and interest on any bonds issued, whether by the Borough or any other authorized government entity, induding without limitation a redevelopment agency established in accordance with the Redevelopment Law, to finance all or a portion of the costs of the Phase I Remediation - Project; and WHEREAS, pursuant to the provisions of the New Jersey Environmental Infrastructure Trust Financing Program (the "Program"), established pursuant to the New Jersey EnvirOlIDlcntal Infrastructure Trust Act, constituting Chapter 334 of the Pamphlet Laws of 1985 of the State (the "Trust Act", as codificd in NJ.SA 58:1IB-I <á !]£g.), funds may be available for the purpose of financing certain water quality improvement projects eligible for inclusion in the Program ("Program Eligible Projects"); and WHEREAS, as a project that provides water quality improvements, all or a portion of the Phase I Remediation Project may qualify under the Program and the Trust Act as a Program Eligible Project, subject to a final determination made by New Jersey Environmental Infrastructure Trust (the "Trust") and the New Jersey Department of Environmental Protection (the "DEP"); and WHEREAS, in order to take advantage of the Program, a local government entity must act as the project sponsor (the "Project Sponsor") for the Redeveloper Urban Renewal Entity in connection with the Redeveloper Urban Renewal Entity's implementation of the Phase I Remediation Project; and \VHEREAS, on February 1, 2001, and in accordance with the Redevelopment Law, specifically NJ.SA 40A:12A-II, the Borough finally adopted Ordinance No. 01-1, which established the Carteret Redevelopment Agency (the "Agency") as an instrumentality of the Borough; and WHEREAS, on March 3, 2005, the Agency, acting as Project Sponsor [or the Redeveloper Urban Renewal Entity at the direction of the Borough, submitted the "New Jersey Environmental Infrastructure Financing Program Application for Financial Assistance" to the Trust and DEP, respectively; and WHEREAS, the Agency desires to finance all or a portion of the costs of the Phase I - Remediation Project, on a non-recourse basis to the Agency and acting solely as Project Sponsor on behalf of the Redeveloper Urban- Renewal Entity, from (i) the proceeds of a loan (the "Trust Loan") from the Trust to the Agency, the terms of which shall be established pursuant to a loan agreement by and between the Trust and the Agency (the "Trust Loan Agreement"), such Trust Loan to be secured by a bond issued by the Agency to the Trust (the "Trust Loan Bond"), and (ii) the proceeds of a loan (the "Fund Loan") from the State, acting by and through the DEP (the "Fund") to the Agency, the tenllS of wruch shall be established pursuant to a loan agreement by and between the State, acting by and through the DEP, and the Agency (the "Fund Loan Agreement" and together with the Trust Loan Agreement, the "Program Loan Agreements"), such Fund Loan to be secured by a bond issued by the Agency to the Fund (the "Fund Loan Bond" and together with the Trust Loan Bond, the "Agency Conduit Loan Bonds"); and WHEREAS, the Agency wilJ in turn (i) lend the proceeds from the Trust Loan Bond to the Redeveloper Urban Renewal Entity (the "Redeveloper Trust Loan"), the tenns of which sha11 be established pursuant to a loan agreement by and between the Agency and the Redeveloper Urban Renewal Entity (the "Redeveloper Trust Loan Agreement"), such Redeveloper Trust Loan to be secured by a promissory note issued by the Redeveloper Urban Renewal Entity to the Agency (the "Redeveloper Trust Note") and (ii) lend the proceeds of the Fund Loan Bond to the Redeveloper Urban Renewal Entity (the "Redeveloper Fund Loan"), the terms of which shall be established pursuant to a loan agreement by and between the Agency and the Redeveloper Urban Renewal Entity (the "Redeveloper Fund Loan Agreement"), such Redeveloper Fund Loan to be secured by a promissory note issued by the Redeveloper Urban Renewal Entity to the Agency (the "Redeveloper Fund Note"); and WHEREAS, prior to, and in anticipation of, the issuance of the Agency Conduit Loan Bonds, the Agency may issue short-term notes directly to the Trust, which short-tem1 notes shall bear interest at zero percent (0%), as permitted under the Program (the "Trust Interim Note'" and together with the Agency Conduit Loan Bonds, the "Project Sponsor - Conduit Loan Bonds"); and 06-07 PAGE 4 NO. WHEREAS, the Agency will in turn lend the proceeds from the Trust Interim Note to the Redeveloper Urban Renewal Entity (the "Redeveloper Trust Interim Loan", and together with the Redeveloper Trust Loan and the Redeveloper Fund Loan, the "Redeveloper Loan"), the tenns of which shall be established pursuant to a loan agreement by and between the Agency and the Redeveloper Urban Renewal Entity (the - "Redeveloper Interim Trust Loan Agreement" and together with the Redeveloper Trust Loan Agreement and the Redeveloper Fund Loan Agreement, the "Redeveloper Loan Agreements"), such Redeveloper Interim Trust Loan to be secured by a promissory note issued by the Redeveloper Urban Renewal Entity to the Agency (the "Redeveloper Interim Trust Note" and together with the Redeveloper Trust Note and the Redeveloper Fund Note, the "Redeveloper Notes"); and WHEREAS, the Trust Interim Note is anticipated to be paid from the proceeds of the Agency Conduit Loan Bonds; and WHEREAS, pursuant to the Redevelopment Bond Law, specifically NJ.S.A. 40A:12A- 67(c), the Borough shal1 assign, for the benefit of the Agency and as security for the Project Sponsor Conduit Loan Bonds, all of the Borough's right, title and interest in and to the Pledged Annual Service Charges, as such ternl is defined in the Financial Agreement (the "Borough Assignment"); and WHEREAS, any amounts received by the Agency pursuant to the Borough Assignment shall be credited against any amounts due and owing by the Redeveloper Urban Renewal Entity to the Agency pursuant to the Redeveloper Loan Agreements; and \VHEREAS, pursuant to the terms of the Redevelopment Agreement, including without limitation, Sections 11.06U) and 11.16, Panattoni Investments, LLC, a California limited liability company (the "Guarantor"), who has an equity ownership interest, whether direct or indirect in the Redeveloper Urban Renewal Entity, shall enter into an agreement with the Agency, to which the Borough shall be a third-party beneficiary, whereby the Guarantor shall guaranty the full, prompt and unconditional payment when due of any payments of the Redeveloper Urban Renewal Entity due and owing to the Agency pursuant to the Redeveloper Loan Agreements (the "Panattoni Agency Guaranty Agreement"); and WHEREAS, as additional security for the Project Sponsor Conduit Loan Bonds and as - authorized pursuant to the Redevelopment Law, specifically N.J.SA. 40A:12A-41, the Borough shall contribute, donate, grant or otherwise pay to the Agency, the Borough Incremental Land Taxes, as such term is defined herein, pursuant to the tenus of an agreement by and between the Borough and the Agency (the "Contribution Agreement"); and WHEREAS, the Borough shall fully, unconditionally and irrevocably guaranty, the punctual payment, when due, of the principal of, redemption premium, if any, and interest on the Project Sponsor Conduit Loan Bonds in a total original aggregate principal amount not to exceed $38,500,000 at anyone time outstanding, in accordance with (i) the terms of this guaranty ordinance to be finally adopted by the Borough Council (the "Guaranty Ordinance") and (ii) a guaranty certificate to be executed by an authorized officer of the Borough on the face of each Project Sponsor Conduit Loan Bond (the "Guaranty Certificate" and together with the Guaranty Ordinance, the "Borough Guaranty"), all pursuant to the Redevelopment Law, Redevelopment Bond Law and the Local Bond Law; and WHEREAS, in consideration for the Borough Guaranty, the Redeveloper Urban Renewal Entity shall pay to the Borough a fee (the "Borough Guaranty Fee") pursuant to the tenus of an agreement by and between the Borough and the Redevelopment Urban Renewal Entity (the "Borough Guaranty Fee Agreement"); and WHEREAS, the Project Sponsor Conduit Loan Bonds shall be special, limited obligations of the Agency, payable solely from and secured by the Agency's interest in the Redeveloper Note, the Borough Assignment, the Panattoni Agency Guaranty Agreement, the Contribution Agreement and the Borough Guaranty; and WHEREAS, on June 22, 2005, as a condition precedent to the issuance of any and all of the Project Sponsor Conduit Loan Bonds and in accordance with a11 applicable law, including without limitation, N.J.S.A. 40A:5A-6, N.J.S.A. 58: lIB-9(a) and N.J.8A 40A:12A-67(g), the Agency submitted an application (the "Local Finance Board - NO. 06-07 PAGF 5 Application") to the Local Finance Board in the Division of Local Government Services of the State's Department of Community Affairs (the "Local Finance Board") for the Local Finance Board's approval of the issuance of the Project Sponsor Conduit Loan Bonds and related financial instruments; and WHEREAS, the Local Finance Board, at a meeting held on August 10, 2005, did issue - favorable findings with respect to the Project Sponsor Conduit Loan Bonds and the Borough Guaranty; and WHEREAS, pursuant to the tenns of the Redevelopment Agreement, including without limitation Section 11.06(p) and 11.18, the Guarantor shall enter into an Agreement with the Borough whereby the Guarantor shall guaranty, inter alia, the prompt and full payment of any "buffer" and or deductible required under any Remedation Performance and Payment Bond, Cost Cap Insurance or any other insurance required to be obtained by the Redeveloper pursuant to the ten11S of the Redevelopment Agreement (the "Panattoni Borough Guaranty Agreement"); and NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough Council of the Borough of Carteret, County of Middlesex, New Jersey (not less than two-thirds of all members thereof affirmatively concurring), as fol1ows: Section 1. This Guaranty Ordinance shall be adopted by the Borough Council in the manner provided for adoption of a bond ordinance as provided in the Local Bond Law. Section 2. Pursuant to and in accordance with the tenus of the Redevelopment Bond Law, specifically NJ.SA 40AI2A-67(f), and other apphcable law, the Borough is hereby authorized to, and hereby shan, unconditionally and irrevocably guaranty the punctual payment, when due, of the principal of, redemption premium, if any, and interest on the Project Sponsor Conduit Loan Bonds in a total original aggregate principal amount not to exceed $38,500,000, at anyone time outstanding, which Project Sponsor Conduit Loan Bonds are to be issued to finance the Phase I Remediation Project as described in the preambles hereof, on such temlS and conditions are reflected in this Guaranty Ordinance and the Guaranty Certificate on the face of each Project Sponsor Conduit Loan Bond. Notwithstanding the provisions of any other document or agreement, upon the endorsement of the Project Sponsor Conduit Loan Bonds referred to in Section 3, below, the Borough - shall be unconditionally and irrevocably obligated to pay, when due, the principal of, redemption premium, if any, and interest on the Project Sponsor Conduit Loan Bonds, in the same manner and to the same extent as in the case of bonds issued by the Borough and accordingly, the Borough shaH be unconditionally and irrevocably obligated to levy ad valorem taxes upon all of the taxable property within the Borough for the payment thereof without limitation as to rate or amount. This full, unconditional and irrevocable guaranty of the Borough effected hereby to pay the principal of, redemption premium, if any, and interest on the Project Sponsor Conduit Loan Bonds when due may not be waived, setoff or otherwise abrogated by action or inaction of the Agency, the Redeveloper, the Redeveloper Urban Renewal Entity, the Borough or for any other reason. Accordingly, the Borough hereby waives its rights to assert any future defenses which may be available to the Borough in relieving it in whole or in part from its obligation to make the payments of the principal of, redemption premium, if any, and interest on the Project Sponsor Conduit Loan Bonds when due hereunder. Section 3. The Mayor shall, by manual or facsimile signature, and is hereby authorized and directed to execute an endorsement on each of the Project Sponsor Conduit Loan Bonds evidencing this guaranty by the Borough as to the punctual payment of the principal of, redemption premium, if any, and interest thereon. The endorsement on each Project Sponsor Conduit Loan Bond shall be in substantially the following form, with such references to the Agency's indenture of trust for the Project Sponsor Conduit Loan Bonds! as may be required by the Agency, and absent the fully executed endorsement in such substantially following form on any such Project Sponsor Conduit Loan Bond, such Project Sponsor Conduit Loan Bond shall not be entitled to the benefits of this Guaranty Ordinance: "GUARANTY OF THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW JERSEY - NO. 06-07 PAGE 6 The payment of the principal of, redemption premium, if any, and interest on the within Project Sponsor Conduit Loan Bond shall be fully, irrevocably and unconditional1y guaranteed by the Borough of Carteret, County of Middlesex, New - Jersey (the "Borough") in accordance with the provisions of the Redevelopment Area Bond Financing Law, constituting Chapter 310 of the Pamphlet Laws of 2001 of the State, and the acts amendatory thereof and supplemental thereto, the Local Bond Law, constituting Chapter 169 of the Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplement thereto, the guaranty ordinance of the Borough duly adopted pursuant thereto and any guaranty agreement executed by the Borough in connection therewith and the Borough is fully, irrevocably and unconditionally liable for the payment, when due, of the principal of, redemption premium, if any, and interest on this Project Sponsor Conduit Loan Bond, and if necessary the Borough shall levy ad valorem taxes upon alJ the taxable property within the Borough without limitation as to rate or amount in order to make such payments. IN WITNESS WHEREOF, the Borough of Carteret, County of Middlesex, New Jersey, has caused this Borough Guaranty to be executed by the manual or facsimile signature of its Mayor. BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW JERSEY By: - lVIayor" The Mayor is hereby further authorized and directed to execute or acknowledge and deliver such other certificates or agreements relating to this full, irrevocable and unconditional guaranty that may be required by the Agency to comply with the tenus of the Project Sponsor Conduit Loan Bonds, including without limitation any agreement or certificate detailing the time and method that payment under this guaranty shall be made by the Borough. Such further agreement or certificate shall not in any manner relieve the Borough from its obligations hereunder, and shall contain only such tenus as are consistent with or within the paranleters herein set forth. Section 4. It is hereby found, detennined and declared by the governing body of the Borough that: (a) This Guaranty Ordinance may be adopted notwithstanding any statutory debt or other limitations, including particularly any limitation or requirement under or pursuant to the Local Bond Law, but the aggregate principal amount of the Project Sponsor Conduit Loan Bonds which shall be entitled to the benefits of this Guaranty Ordinance, being an amount not to exceed $38,500,000, shall be included in the gross debt of the Borough for the purpose of detennining the indebtedness of the Borough under or pursuant to the Loca1 Bond Law. (b) The principal amount of Project Sponsor Conduit Loan Bonds entitled to the benefits of this Guaranty Ordinance and included in the gross debt of the Borough shall be deducted and is hereby declared to be and to constitute a deduction from such gross debt under and for all the purposes ofthe Local Bond Law, as set forth in N.J.SA 40A:2-44(d). - NO ----ºº:-~ PAGE 7 Ii Section 5. The following matters are hereby determined, declared, recited and stated: (a) The maximum principal amount of Project Sponsor Conduit Loan Bonds of the Agency which are hereby and hereunder fully, unconditionally and irrevocably guaranteed as to the punctual payment of the principal thereof, redemption - premium thereon, if any, and interest thereon is $38,500,000; the maximum principal amount of Project Sponsor Conduit Loan Bonds of the Agency that may be outstanding at anyone time is $38,500,000; and the maximum estimated cost of the Phase I Remediation Project to be financed in accordance with the transactions contemplated hereby is $38,500,000. (b) The purpose described in this Guaranty Ordinance is not a current expense of the Borough and no part of the cost thereof has been or shall be assessed on property specially benefited thereby. (c) A suppJemental debt statement of the Borough has been duly made and filed in the office of the Borough Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State, and such debt statement shows that the gross debt of the Borough, as defined in the Local Bond Law, is increased by this Guaranty Ordinance by $38,500,000 in accordance with the provisions of the Local Bond Law, specifically N.J.SA 40A:2-43, and subsequently S38,500,000 is deducted from such gross debt of the Borough in accordance with the provisions ofthe Local Bond Law, specifically NJ.SA 40A:2-44(d), and therefore the net debt of the Borough is not increased. (d) Other than the requirements set forth in Sections 7 and 8 below, all other items to be contained in a bond ordinance adopted pursuant to the Local Bond Law are hereby detcnnined to be inapplicable to the Borough's guaranty of the Project Sponsor Conduit Loan Bonds hereby. Section 6. This Guaranty Ordinance shall take effect at the time and in the manner provided by law. - Section? A public hearing shaJl be held on this Guaranty Ordinance on February 16, 2006 at 6:30 p.m. in the Police Facility/Municipal Court Building, 230 Roosevelt Avenue, Carteret, New Jersey. Section 8. The Borough Clerk is hereby authorized and directed to publish and post notice of this Guaranty Ordinance as required by applicable law, including the Redevelopment Bond Law and Local Bond Law. Section 9. Upon the final adoption hereof, the Borough Clerk is authorized and directed to forward certified copies of this Guaranty Ordinance to Eric Chubenko, Executive Director of the Agency, John Cavaliere Esq., McManimon & Scotland, LLC, Agency Counsel, Robert Bergen, Esq., Gill & Chamas, LLC, Borough Counsel, Stephen B. Pearlman, Esq., DeCotiis, FitzPatrick, Cole & Wisler, LLP, Special Redevelopment Counsel to the Borough. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE II COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NY A.B. RF.! I TI«) DIAZ X X X - Indicate Vott AB· Absent NY - Not Voting XOR· Indicates Vale 10 Overrule Yew Adopted on first reading of the Council of the Borou h of Carteret, N J . on Føbru.ary 2, 2006 16, 7006 - APP;;tVED B ON Affidavit of Publication Publisher's Fee $32.12 Affidavit Charge $25.00 - State of New Jersey } 55. MIDDLESEX COUNTY personally appeared JON IRAGGI of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 2117 /06. ANNf: I1"FOOROTHY MADAMA mrrARY PUBLIC OE..NFW ,IFRSEY ---wlY COMMISSIQiiEXPIRfS APRIL 20, 20~,2DD6 / BOROUGH OF CARTERET Kathleen M. Barney, Borou~h Clerk Notice of Pending ($32.1 ) 2363 Guara~ Ordinance and ummary The Guaranty Ordi- nance, the summary .of terms of which are In- cluded herein, was intro- duced and passed on first reading at the meet- ing of the governing g~~rer~\ i~!h~~g~~:;' ~: , \~ Middlesex, State .of New \' Jersey, held on February 2, 2006. It will be further considered far final pas- sage and adoption, after :t~b~~ehtí;~'~~ l~~re~~: ernln~ body to be heFcJ at the olice Facility/Mu- njçlpal Court BUilding, 230 Roosevelt Avenue, Carteret. New Jersey, on February 16, 2006 at 6:30 p.m. During the week prior to and up to and including the date of such meeting, copies of ~~~c~u~il~~:r:VnaWab?:~t no cost during regular business hours at the Clerk's office for the members of the general public shan request the same. The summary of the terms of such Guar· anty Ordinance follows: Title: GUARANTY ORDI- NANCE OF THE BOR- OUGH OF CARTERET SE- CURING THE CARTERET REDEVELOPMENT AGENCY'S "PROJECT SPONSOR CONDUIT LOAN BONDS, SERIES 2006" IN AN AGGRE- GATE PRINCIPAL AMOUNT NOT TO EX· CEED $36,500.000 purposeªs): To provide for the orou¡¡:h of Car· teret's unconditional and ~r~:v~~~~~~a~ua~~~~n~~ when due, of the princi- pal of. redemption pre- - mium, if any interest on the Carteret Redevelop- ment Agency's "Project Sponsor Conduit Loan Bonds, Series 2006" in a total. original aggregate principal amount not to exceed $36,500.000