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HomeMy Public PortalAboutOrd. 08-03 .NQ. OR-O~ @totmurt.e .of tq~ tJil.ot.ougq .of aIltdttd, ~ ~ J't Councilman Presents the folloV{i[lg Ordinance Seconded Qy Councilman GUARANTY ORDINANCE OF THE BOKOUGH OF CARTERET SECURING THE CARTERET REDEVELOPMENT AGENCY'S "REVENUE BONDS (LmVER ROOSEVELT AVENUE REDEVELOPMENT PROJECT), SERIES 2.007" IN AN AGGREGATE AMOUNT NOT TO EXCEED $7,000,000 PURSUANT TO N.J.S.A. 40A:12A-67(l) AND APPROPRIATING $7,000,000 . THEREFOR AND AUTHORIZING THE ISSUANCE OF $7,000,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OR ALL OF THE COST THEREOF. WHEREAS, the Local Redevelopment and Housing Law, N.r.SA 40A: 12A-I et seq. (the "Act"), as amended and supplemented, provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, pursuant to the Act, the Borough of Carteret, in the County of Middlesex, New Jersey (the "Borough") designated certain areas of the Borough, constituting Block 243, Lots 1-5, Block 252, Lots 1-5, Block 253, Lots 1-7, Block 254, Lots 1,2,3.01,3.02,4.01,6-10 and 12-14, Block 260, Lots 7-15, Block 261, Lots 1-8, Block 272, Lots 1-6,6.01 and 7-16, Block 273, Lots 10-12 and Block 292, Lots 1-3, all as identified on the official tax maps ofthe Borough, as an ';frea in need of redevelopment It (the "Redevelopment Area"); and WHEREAS, on February 6, 2003 the Goveming Body adopted Ordinance No. 03-02, approving and adopting a redevelopment plan, entitled 'The Lower Roosevelt Avenue Redevelopment Plan", superseding the provisions of the Borough's Land Development Ordinance for the Redevelopment Area (the "Redevelopment Plan"); and WHEREAS, the Redevelopment Plan provides for, among other things, the constmction of mixed use improvements, consisting of for-sale and rental residential components and a retail component on the Redevelopment Area; and WHEREAS, on February 18,2003, the Borough adopted Resolution number 03-113, designating Kaplan at Carteret, L.L.C. (the "Redeveloper", and predecessor in interest to the Entities (as defined herein)) as the redeveloper of .the Redevelopment Area and authorizing the negotiation of a redevelopment agreement with the Redeveloper; and WHEREAS, the Redeveloper has agreed to implement the Redevelopment Plan and develop, design, finance and construct a mixed-use project including approximately forty-eight (48) townhouses (the "Townhouse Component"), up to one hundred thirty-eight (138) condominiums (the "Condominium Component"), approximately two hundred eight (208) rental apartments (the "Rental C-omponent") and approximately forty-two thousand nine hundred (42,900) square feet of retail space (the "Retail Component" and, together with the Townhouse Component, the Condominium Component and the Rental Component, the "Project") and in connection therewith, the Redeveloper has agreed to devote substantial cash assets and borrowed funds to the completion ofthe Project; and 'VHEREAS, in order to implement the development, financing, construction, operation and management of the Project, the Borough entered into a redevelopment agreement with the Redeveloper dated February 25, 2004, as amended by the First 13030-011 335019.3 NO. OR-O"l 2 ~i\Vt' Amendment to the Redevelopment Agreement, dated ruly 13, 2004, the Second Amendment to the Redevelopment Agreement, dated February 16, 2005, the Third. Amendment to the Redevelopment Agreement, dated February 16, 2005 and the Fourth Amendment to the Redevelopment Agreement, dated as of August 31,2007 (collectively, the "Redevelopment Agreement"), which Redevelopment Agreement specifies the rights and responsibilities 'of the Borough and the Redeveloper ;vith respect ~o certain aspects of the Project; and. \VHEREAS, constmction of the Project requires the Borough to construct improvements including, but not limited to the installation of storm and sewer drains, improvements and/or. installation of curbs, sidewalks, decorative street lighting, shade trees, pavers and road improvements within the Redevelopment Area (the "LoC(}.l Improvements"); and WHEREAS, the Local Improvements will be, and are intended to be, local improvements within the meaning of the Local and Other Improvements Law, NJ.S.A. -40:56-1 et seg. (the "Local Improvements G,ir'), as amended and supplemented, and such Local Improvements. benefit the Redevelopment Area; and WHEREAS, despite the Redeveloper's investment of equity and borrowed funds? such amounts are insufficient to pay for all of the costs associated- 'with the development and construction ofthe Project; and WHEREAS, pursuant to the Redevelopment Agreement, the Borough and the Redeveloper are to'share pre-development costs, including, but not limited to the cost of acquiring the Redevelopment Area, Relocation Costs, costs of demolishing existing structures .on the Redevelopment Area and costs incurred in connection with environmental remediation qf the Redevelopment Area in accordance with New rersey Department of Enviromnental Protection standards (collectively, the "Shared Pre-Development Costs"); and WHEREAS, pursuant to the Redevelopment Agreement, the Borough will reimburse the Redeveloper for one hundred percent (100%) of documented Shared Pre-Development Costs in excess of$II,400,000 but less than $13,900,000, and fifty percent (50%) of documented Shared Pre-Development Costs incurred in excess of $13,900,000 (collectively, the "Borough Pre-Development Cost Contribution"); and WHEREAS, by R~olution No. 05-48, adopted by the Borough Council on January 27, 2005, pursuant to Section 4 of the Act (N.J.S.A 40A: 12A-4), the Borough designated the Carteret Redevelopment Agency (the "Agency") to act as the "Redevelopment Entity" (as such term is defined in the Act at N.J.S.A 40A:12A- 3) for the Redevelopment Area to exercise the powers contained in the Act to facilitate the development and redevelopment ofthe Redevelopment Area; and \VHEREAS., in order to implement the development, financing, construction, operation and management.of the Project, on February 10, 2006, the Redeveloper formed two urban renewal entities llilder the provisions of the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq. (the "Long Term Tax Exeipption Law") and the New Jersey Limited Liability Company Act, N.r.SA 42:2B-I et seq., known as Gateway at Carteret Urban Renewal, LLC ("Gateway") imd Camelot at Carteret Urban Renewal, LLC ("Camelof' and, together with Gateway, the "Entities"); and WHEREAS, Gateway will be responsible for implementing. the development, financing, construction, operation and management of-the Tmvnhouse Component and the Condominium Component and Camelot ,~ill be responsible for 13030-011 335019-3 NO. 08-03 -.- PAGE 3 implementing the development, financing, construction, operation and management of the Rental Component and the Retail Component; and WHEREAS, the provisions ofthe Long Term Tax Exemption Law and such other statutes as may be sources of relevant authority, authorize the Borough to accept, ~n lieu of real property taxes, annual service charges paid by the Entities to the Borough as set forth in such laws ("Annual Service Charges"); and WHEREAS, the Entities are qualified to do business under the provisions of the Long Term' Tax Exemption Law' hnd submitted to the Mayor tax exemption applications which are on file with the Borough Clerk (the "Applications"), requesting tax exemptions for the Project, along with fonus of Financial Agreements intended to memorialize the terms and conditions by which the Entities would pay the Annual Service Charges (the "Financial Agreements); and WHEREAS, the Mayor submitted the Applications and Financial Agreements to the Borough Council with his recommendation of approval, a copy of which is on file with the Borough Clerk; and WHEREAS, the Borough agreed to grant such tax exemptions to th~ Entities and, pursuant to the Long Term Tax Exemption Law and such other statutes as may be so'urces of relevant authority, if any, the Borough entered into the Financial Agreements with the Entities, executed copies of which are on file with the Borough; and WHEREAS, to assist the Borough in fmancing the Borough P,e- Development Cost Contribution and certain other Borough costs as set forth in the Redevelopment Agreement, the Redevelppment Agency, as redevelopment entity, will issue bonds (the "Bonds") pursuant to the Redevelopment Area Bond Financing Law, NJ.S.A. 40A:12-64, et seq., (the "Bond Financing Law"); and . 'VHEREAS, pursuant to the Bond Financing Law and such other statutes as may be sources of relevant authority, if any, the Borough pledged in the Financial Agreements, to the extent required, the Annual Service.Charges paid to the Borough by the Entities. for debt service on the Bonds, provided. however. that five percent (5%) of the Annual Service Charges shall not be subject to such pledge in accordance with N.r.S.A. 40A:20,12 (the "County Share"); and WHEREAS, Borough and the Entities have agreed that any portion of the Annual Service Charges paid by the Entities to the Borough in excess of the amount needed to pay the County Share and Debt Service on the Bonds shall be returned to the Borough and retained and used by the Borough for any lawful purpose(s); and WHEREAS, pursuant to Section 4.02 of each of the Financial Agreements, 1_ the Entities have each. agreed, in the event the Annual Service Charges are insufficient to meet the Debt Service requirements of the Bonds, that they will make Minimum Annual Service Charge paYments to the Borough which, tog~ther with the Annual Service charges, will be sufficient to make required Debt Sei\dce payments (the "Redeveloper Guaranty"); and . > 'VHEREAS, in order. to further secure the Bonds, and to recover the costs of the Local Improvements, the Borough hereby desires to impose a special assessment on the Project pursuant to the Lo.cal Improvements Law and the Bond Financing Law (the "Special Assessment"); and . 1303Q-{l11 335019-3 NO. 08-03 PAGE 4 WHEREAS, pursuant to the Bond Financing Law and such other statutes as. may be sources of relevant authority, if any, the Borough has pledged, to the extent required, the Special Assessment paid to the Borough by the Entities for debt service on the Bonds; and . WHEREAS, the Special Assessment shall be payable by the Entities, or their successors or assigns, only if, and to the extent that, the Armual Service Charges are not paid; and 'VHEREAS, pursuant to and in accordance with the Bond Financing Law, specifically N.J.S.A. 40A:12A-67(l) and the Local Bond Law, N.J.SA 40A:2-1 et seq. (the "Local Bond Law"), the Borough may also 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, the Redevelopment Agency; for the purpose of financing all or a portion ofthe costs of the Project; 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 Bonds in a total aggregate.principal ambunt not ~o exceed $7,000,000 at al)Y one time outstanding, in accordance with (i) the terms of this guaranty ordinance to be fully 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 fac.e of each Bond (the "Guaranty Certificate" and, together with the Guaranty Ordinance, the "Borough Guaranty"), all pursuant to the Bond Financing Law; the Act and the Local Bond Law; and WHEREAS, in order 10 provide a funding source for the Borough Guaranty, the Borough desires =to approp.riate funds ~nd authorize the issuance of bonds or notes pursliant to the Local Bond 4w;' and WHEREAS, the Bonds shall be special, limited obligations of the Agency, payable solely from and secured by the Annual Service Charges, the Redeveloper. Guaranty and the Borough Guaranty; and WHEREAS, as a condition precedent to the issuance of any and all of the Bonds, and in accordance with .all applicable laws, including without limitation N.J.S.A. 40A:5A-6 and. N.r.S.A. 40A:12A-67(g), the Agency submitted an application to the Local Finance Board in the Division of Local Government Services of the Department of Conununity Mfairs (the ''Local Finance Board") for the Local Finance Board's approval of the issuance of the Bonds and related fmancia1 instruments; and WHEREAS, the Local Finance Board, at a meeting held on July 11, 2007, issued positive findip.gs with respect to the issuance ofthe Bonds; and '- WHEREAS, the Borough now desires to provide for the Borough Guaranty; and WHEREAS, the Borough acknowledges and consents to ~e Agency's . . submission.9f a'supplemental aunlication to the Local Finance B9~fd, pursuant to N.r.S.A. 40A:5A-6, for po.sitive.findings in connection with the Borough Guaranty. 13030-011 335019-3 NO. 08-03 PAGE 5 NOW, THEREFORE, BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET, NEW JERSEY AS FOLLOWS: Section 1.. Except as othenvise provided in the Redevelopment Law . and herein, this Guaranty Ordinance shaH 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 terms of the Bond Financing Law, specifically NJ.S.A. 40A:12A-67(l), and other applicable laws, the Borough is hereby authorized to, and hereby shall, unconditionally and irrevocably guaranty the plUlctual payment, when due, of the principal of, redemption premium, if any, and interest on the Bonds in a total original aggregate principal amount not to exceed $7,000,000 at anyone, time outstanding; which Bonds' are to be issued to finance the BQrough's Pre-Development Cost Contribution as described in the preambles hereof and certain other Borough costs as set forth in the Redevelopment Agreement, on such terms and conditions as are reflected in this Guaranty Ordinance and the Guaranty Certificate on th~ face of each Bond. l"fotwithstanding the provisions of any other document or agreement, upon the endorsement of the Bonds referred to in Section 3. below, the Borough shaH be unconditionally and irrevocably obligated to pay, when due, the principal . of,' redemption preq1ium, if any, and interest on the Bonds, in the same manner and to the same extent as in the case of bonds issued by the Borough and, accordingly, the Borough shall be unconditionaHy and irrevoc'ably 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 amolint. This full, llilconditional and irrevocable guaranty qf the Borough effected hereby to pay the principal of, redemption premium, if any; and interest on the Bonds when due may not be waived, setoff or othenvise .abrogated by action or inaction of the Agency, the Redeveloper, the Entities or the Borough for any 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, or interest on the Bonds when due hereunder. Section 3. ~ order to provide a funding source for the Borough Guaranty, there is hereby appropriated the sum of $7,000,000. No down payment is required pursuant to NJ.S.A: 40A:12A-37c(2). Section 4. In order to finance the cost of the Borough Guaranty, negotiable bonds are hereby authorized to be issued in the principal amount of $7,000,000 pursuanUo the Local Bond Law. In anticipation of the issuance of such ponds, negotiable bond anticipation notes are hereby authorized 1_ to be issued pursuant ,to and within the limitations prescribed by the Local Bond Law. Section 5. All bond anticipation not~ issued hereunder shall mature at such times as may be determined by the chief financial. officer of the . Borough (the "Chief Financial Officer"); provided that no note shaIl mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall detequine all matter.s in connebtion with notes issued pursuant to this Guaranty Ordinance, and the Chief Financial Officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the 13030-011 335019.3 NO. 08-03 l"AgE 6 provisions of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to .the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the gove!TIing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this Guaranty Ordinance is made. Such report must include the amount, the description, the interest rate. and the mahtrity scl).edule of the notes sol~, the prices obtained an? the name of the purchaser. . Section 6. The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions oftWs Guaranty Ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital' or temporary capital budget, a revised qpital or temporary capital budget has been filed with the Division of Local Government Services. Section 7. The Chief Financial.Officer is hereby aut(1.orized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of the obligations of the Borough and to execute such disclosure document on behalf of the Borough. The . Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the.benefit of the holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to "time in connection with any change in law, .or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Borough fails to comply with its undertaking, the Borough shall not be held liable for any monetary damages, and the remedy shall be limited to specific performance of the. undertaking. Section 8. The Mayor shall; by I1;1anua1 or facsimile signature, and is hereby authorized and directed to execute an endorsement on each of the 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 Bond shall be in subst,mtially the following form, with such references to the Agency's indenture of trust for the Bonds as may be required by the Agency, and absent the fully executed endorsement in such substantially following form on any such Bond, such Bond shall not be entitled to the benefits of this Guaranty Orditiance: . "GUARANTY 01[ THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW JERSEY The payment of the principal of, redemptipn premimp, if any, and interest on the within Bond shall be fully, irrevocably and tmconditionally . 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 Chaptec 310 of the Pamphlet Laws of 2001 of the State, and the acts amendatory thereof and sqpplemental'thereto, the Local. Bond Law, constituting Chapter 169 ofthe Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplemental thereto, the guaranty ordinance of the Borough duly adopted pursuant thereto and any guaranty' agreement executed by 13030-011 335019-3 NO. 08-03 PAGE 7 the Borough in connection therewith and the Borough is fully, irrevocably a)ld unconditionally liable for the payment, when due, of the principal of, redemption premium, if any, and interest on this Bond, and if necessary the Borough shall levy ad valorem taxes upon all the taxable property within the Borough without limitation as to rate or amount in order to make such payments. IN WITNESS THEREOF, the Borough of Carteret, County of Middlesex, New Jersey, has caused this Borough Guaranty to b~ executed by the manual or facsimile signature of the Mayor. . BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, NEW JERSEY By: Mayor" The Mayor is hereby further authorized and qirected to execute or acknowledge and deliver such other certificates or agreements relating to- this full, irrevocable and un~ond~tional guaranty that may be required by the Agency to comply with the terms of the 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 matmer relieve the Borough from its obligations hereunder, and shall contain only such terms as are consistent with or within the parameters herein set forth. Section 9. It is hereby found, determined and declared by the governing body ofthe 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 Bonds which .shall be entitled to the benefits of this Guaranty Ordinance, being an amount not to exceed $7,000,000, shall be included in the gross debt of the Borough for the pmpose of determining the indebtedness of the Borough under or pursuant to the Local Bond Law. (b) The principal amount of Bonds entitled to the benefits of this Guaranty Ordinance and included in the gro'ss 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 of the Local Bond Law, as set forth in _ N.r.SA 40A:2-44(d).and 40A:12A-67(l). Section 10. The' following matters are hereby, determined, . declared, recited and stated: . (a) The maximum principal amount of 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.$7,OOO,OOO; andthe maximum estimated costs. of the Project to be financed in accordance with the transactions contemplated hereby is $7,000,000. 13030-OtI 335019-3 NO.......QJl. - 03 PAGE 8 (b) A supplemental debt statement of the Borough will be duly made and filed in the office of the Clerk of the Borough, and a complete executed duplicate thereof will be filed in the office of the Director of the Division of Local Government Services of the State of New Jersey, and such debt statement shows that while the gross debt of the Borough, as defined in the Local Bond Law, is increased by this Guaranty Ordinance by $7,000,000, in accordance with the provisions of the Local Bond Law and the Bond Financing Law, the principal amount of the Bonds guaranteed by this Guaranty Ordinance shall be deducted and is declared to be and to constitute a deduction from the gross debt of the Borough under and for all purposes of the Local Bond Law and the Bond Financing Law until such time as the Borough actually issues bonds or notes to fund the Borough Guaranty, if necessary, and only up to the amount actually issued to fund the Borough Guaranty. (c) Other than the requirements set forth in Sections 13 and 14 below, all other items to be contained in a bond ordinance adopted pursuant to the Local Bond Law are hereby detennined to be inapplicable to the Borough's guaranty oflhe Bonds hereby. Section II. The Borough is hereby authorized, to the extent necessary, to enter into a guaranty agreement with the Tnlstee for the Bonds to effectuate the guaranty authorized by this Guaranty Ordinance. The appropriate officials of the Borough are hereby authorized to execute and deliver such agreement upon satisfaction of all of the conditions precedent to tl1e closing of the Bonds by the Agency. Section 12. This Guaranty Ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. Section 13. A public hearing shall be held on this Guaranty Ordinance on February 21,2008 at 6:30 p.rn. at the Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Section 14. The Borough Clerk is hereby authorized and directed to publish and post notice of this Guaranty Ordinance as required by applicable law, including the Bond Financing Law and the Local Bond Law. Section 15. Upon the final adoption hereof, the Borough Clerk is authorized and directed to fonvard certified copies of this Guaranty Ordinance to Eric Chubenko, Executive Director of the Agency, Kevin P. McManimon, Esq. McManimon & Scotland, L.L.C., Agency Bond Counsel and Special Redevelopment Counsel to the Borough, and Robert J. Bergen, Esq., Borough Law Director. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. BEllTNO N A P1.RS DIAZ DT"" KRUM X.IndicateVote AB-Absent NV - Not Voting XOR . Indicales Vote 10 Overrule Vero Adopted on first reading of the "Council of the Borough or-Carteret, N.J., on Januarv 24, 2008 Adopted on second reading after hearing on APPROVED BY MAYOR ON MUNICIPAL CLERK AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: February 7, 2008 c-::;;t~"t~ c), /~~vv:.._/ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIHES MAY 2, 2011 Sworn and subscribed before me this rf'ffi day of J;; )/11 AA-:::.11 ;;L c:O f ,...~ '.. ~ ,/"'''~' ,/,,'--:"7 ..' '~#2k' ), C/?2~-te?t. Kathleen M. Barney, I c!-' Municipal Clerk '-..,,/ D/ ."".... . b'b'O:) Affidavit of Publication Publisher's Fee $37.84 Affidavit Charge $25.00 State of New Jersey Middlesex County Personally appeared Manju Gupta } SS. Of the Home News Tribune, a newspaper printed in Freehold, New Jersey and published in in said County and State, and of general circulation in said county, who being duly sworn, deposetll and saith that the advertisement of which the annexed is a true copy, has been published in the said newspaper 1 times, once in each issue as follows: 2/07/08 No BOROUGH OF CARJERE! <:t)RbfNANCBdiiS03:S NOTICE OF PE':NDING GUARANTY ORDINANcE AND SUMMARY The GuaranJ:y OrdInance, the summary terms of whlch are Included herel0( was introduced and passed upon first readIng a a meetIng of. the 'g('N- emlng body of the Borough of Carteret, In the COun- ty of Mldalesex State o-f New Jersey, on January 24,2008. It WIll be further considered for final pas- sage, after pubHc hearing thereon, at a meetIng of the governing body to De held at the Munlclpal Bu!ldl~, In the Borough on February 21, 2008 at 6:00 o clocK p,m, Dunng the week prior to and up to and Including the date of such meeting, copIes of the full ordinance wm be available at no cost and during regular busIness hours at the Cfem's office for the members of the generaf public who shaU re- quest the same. The summaI)' of the terms of such Guaranty Ordlnarn::e are as foHows: Titfe: GOARANlY ORDINANCE OF THE BOROUGH OF CARTERET SECURING THE CARTERET REDE- VELOPMENT AGENCY'S "REVENUE BONDS (lOW- ER ROOSEVELT AVENUE REDEVELOPMENT PROJECT), SERIES 2007' fN AN AGGREGATE ~fj2rW~b ~Is:.z ~x~lit17(gogN~~P~~S: PRfATING $ZI-OOO,OOO THEREFOR AND AUTHOR- fZfNG THE f=UANCE OF $7,000,000 BONDS OR NOTES OF THE BOROUGH TO FlNANCE PART OR ALLOFTHE COST THEREOF Purpose(s):A Guaranty of Revenue Bonds of The Carteret. Redevelopment Agency. Appropnatlon: $7,000,000 Bond&fNotes Authorized: $7,000,000 ~~~~Sn (~8~~g~rated: None Kathleen M. BarneybBoloUgh Cferk Th!s Notice is pu fished pursuant to NJ.S.A. 40A:2-17 ($37.84) 637792 A.D. 2008 ~()- 6 <:t-b.3