Loading...
2000-24084 RESO RESOLUTION NO, 2000-24084 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT FOR GUARANTEE ASSISTANCE, THE GRANT AGREEMENT, PROMISSORY NOTE AND ALL APPLICABLE DOCUMENTS BETWEEN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND THE CITY OF MIAMI BEACH FOR AN ECONOMIC DEVELOPMENT INITIATIVE GRANT IN THE AMOUNT OF $1,000,000 AND FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, IN THE PRINCIPAL AMOUNT OF $4,000,000, PLEDGING THE CITY OF MIAMI BEACH'S ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT FUNDS FOR THE REPAYMENT OF SAID LOAN AND FURTHER PLEDGING TO THE PAYMENT OF SAID NOTE ONE SIXTH (1/6) OF THE ADDITIONAL ONE PERCENT (1 %) RESORT TAX, APPROVED BY THE VOTERS OF THE CITY ON NOVEMBER 3, 1992 AND LEVIED AND COLLECTED BY THE CITY PURSUANT TO CHAPTER 67-930, LAWS OF FLORIDA, ACTS OF 1967, AS AMENDED, AND ORDINANCE NO. 93-2829 (CODIFIED IN SECTION 102-307 OF THE MIAMI BEACH CODE), ON A SUBORDINATED BASIS, IN THE EVENT THAT THE PROCEEDS OF THE CDBG ENTITLEMENT FUNDS ARE INSUFFICIENT THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U,S, Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Assistance Program provides loans to eligible municipalities to undertake large scale projects that foster viable economic development in urban communities; and WHEREAS, on April 28, 1999, the Mayor and City Commission adopted Resolution No, 99-23147, authorizing the City Manager to submit an application to HUD for a $1,000,000 Economic Development Initiative (EDI) grant and a $4,000,000 Section 108 loan for projects that included street scape improvements in the North Beach area and completion of the North Shore Youth Center; and WHEREAS, on September 20, 2000, the City of Miami Beach received notification from HUD of its intent to approve the City's request for Loan Guarantee Assistance and the EDI grant, subject to the pledge of additional collateral and execution of all documents relative to the EDI by no later than, September 27, 2000; and WHEREAS, on July 17, 1996, the Mayor and City Commission adopted Resolution No, 96-22078, authorizing the City Manager to execute a Funding Approval Agreement between HUD and the City of Miami Beach in the amount of $14,870,000 which was not funded; and WHEREAS, HOD has advised that said Funding Approval Agreement will be amended to reflect the revised loan amount of $4,000,000; and WHEREAS, local governments that borrow funds under the Section 108 Loan Guarantee Assistance program, pledge their current and future Community Development Block Grant (CDBG) allocations (up to the loan amount) as security for the loan and the use of CDBG funds to pay back the loan is acceptable to HOD; and WHEREAS, HUD requests that the City pledge additional collateral in the event that the proceeds ofthe CDBG entitlement funds are insufficient therefor; and WHEREAS, in the event that such pledged entitlement funds are, at any time insufficient, the City is further pledging for the payment of such loan one sixth (1/6) of the additional one percent (1 'Yo) of Resort Tax, provided however, that such pledge shall be subordinate to any present or future bonds or other obligations to which the Resort Tax may be pledged, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. The matters set out in the foregoing recitals are true and correct, and they are hereby incorporated as a part ofthis Resolution, Section 2. The Mayor and City Commission authorize the Mayor and City Clerk to execute the Guarantee for Loan Assistance, the EDI Grant Agreement, Promissory Note and all other applicable documents between HOD and the City of Miami Beach for the Economic Development Initiative Grant in the amount of$I,OOO,OOO and for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, in the principal amount of $4,000,000, Section 3. The Mayor, City Clerk, City Manager, City Attorney and Finance Director are hereby authorized and directed to do all things and execute all documents necessary to carry out the intent of this Resolution, including, without limitation, establishment of a custodial account and issuance of a request for advance of funds, Section 4. This Resolution shall take effect immediately upon its adoption, PASSED and ADOPTED this 27th day of September, 2000, ATTEST: (;kJ- f~ CITY CLERK APPROVED AS 10 FORM & IANGlJAGf & fOR EXECUTION JMG\CMC\rar T:\AGENDA\2000\SEPZ700\REGULAR\108LOAN,RES 1;Jt~~ ity AtIorii8Y ~- (J{) Resolution No. 2000-24084 ~ - - CITY OF MIAMI BEACH OFFICE OF THE MAYOR & COMMISSION MEMORANDUM TO: JORGE M, GONZALEZ' CITY MANAGER JOSE SMITH ~ ~/ ~t; CITY COMMISSIONER FROM: DATE: SEPTEMBER 20, 2000 RE: SECT..lON 108 LOAN Please provide a status report on the City's request for a H,U,D, Section 108 loan for streetscape projects in the North Beach area. I would like a discussion of this matter at the September 27"', Commission Meeting, JS/ept . Agenda Item r<.. C/,]) Date q-Li-oa CITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lttp:\\ci.miami-beach.fl.u5 ~. COMMISSION MEMORANDUM NO, '/<tS-OD TO: Mayor Neisen 0, Kasdin and Members of the City Commission DATE: September 27, 2000 FROM: Jorge M, Gonzalez ). ~ City Manager ' Y", - 0 SECTION 108 LO SUBJECT: Concurrent to Commissioner Smith's September 20, 2000 request to provide a status report on the City's request for a HUD Section 108 loan for streetscape projects in the North Beach area, the Administration was notified that same afternoon ofHUD's intent to issue final approvals for the Section 108 loan application submitted in August 1999 and the amended ED! Application submitted in May 2000, By way ofbackgrouna, the City submitted a $4 million Section 108 loan to HUD to be utilized to fund $1 million for the North Shore Park and Youth Center and $3 million for public infrastructure improvements in the North Beach target area, a portion of which will be utilized specifically to perform street improvements adjacent to the City-owned "72nd Street Site", A breakdown of improvements is provided below: The $1 million ED! grant would be utilized to defray debt service costs incurred in connection with the Section 1 08 loan, North Shore Park and Youth Center: The proposed budget and corresponding funding sources for the North Shore Park and Youth Center are as follows: Section 108 Loan Barry University Grant Total North Shore Park & Youth Center Construction Budget: $3,972,181 $1,350,000 $1,000,000 $259,000 Parks Bond Funds G,Q, Bond Funds $6,581,181 AGENDAITEM R-gJ) I DATE3-2,-(P Streetscape Improvements: The proposed street improvements in North Beach are as follows: .""" ~ . iRfii~9~~~Sij.~~~~~~~~*~~I~:... ..... > ...... NORTH BEACH Tatum Waterway177th $563,000 Marseille Drive $800,000 Bay Drive and Biarritz $ 1 ,000,000 Other North Beach Improvements $637,000 Total Streetscape Improvements funded via Section 108 Loan: $3,000,000 The aforementioned street improvements are in the CDBG target area and will supplement $4,150,000 in G,O,--l3ond funds allocated for Normandy Isle/Sud Neighborhood Streetscape improvements, A chronology can be provided ofthe numerous attempts the Administration and the City's lobbyists have made to solicit a more timely approval by HUD, Nonetheless, HUD has now notified the City of its intent to approve both applications subject to responses being provided on 3 separate issues and the subsequent immediate execution of authorizing documents, The attached letter dated, September 21, 2000, provides clarification to HUD's request for additional information, Specifically, (1) the creation of jobs and assurances on how those jobs will benefit the low and moderate income (LM!) population, (2) collateral the City can offer in addition to the City's CDBG entitlement funds, and (3) the proposed repayment schedule, As described in the attached letter, (1) Job Creation and Benefit to LMI: if the City proceeds with the development of the nnd Street Site, it is proposed that a First Source Hiring Clause be included in the Development and Lease Agreement to be negotiated with Equity One or any subsequent Developer and it is also proposed that the City partner with NBDC and UNIDAD to solicit area merchants and businesses to execute a North Beach First Source Hiring Agreement. (2) Collateral: HUD is seeking collateral in addition to the City's CDBG entitlement. It is proposed that the following additional collateral be proffered: . With respect to the North Shore Park & Youth Center, City Charter section 1,03 (b), prohibits, without electorate approval, a conveyance of any City-owned Park or Recreational Facility, The City, however, will explore any legally pennissible means whereby the property may be applied as security to HUD, (The Section 108 loan will provide $1,000,000 in funding of a $6,6 million total project budget as described above, ) . The City will pledge not to sell the North Shore Youth Center site, during the tenn of the loan, . The City will pledge to utilize the North Shore Youth Center site for Youth programs, during the tenn <;lfthe loan, . The City will pledge future ''North Beach - Quality of Life" funds as described in the attached memorandum, This pledge represents a City pledge of the '!3 portion of the y, of the additional 1% of Resort tax on room revenues collected in Miami Beach, also known as "Resort Tax", (3) Repayment Tenn: A repayment schedule was provided in the original Section 108 Loan Application, As a result of the change in the interest rate environment, the City has requested that HUD assess the most favorable interest rate pennissib1e so as to maximize the investment iir1he Community, The repayment tenn proposed is over a 10-year period, In light of HUD's mandate to finalize execution of all corresponding documentation before September 30, 2000, it is necessary to request the Mayor and City Commission approve: (a) Additional collateral described above, (b) Execution of all authorizing documentation. JMG/C~/rar T:\AGBNDA\2000\SEP2100\REGULAR\10Ill0AN.MEM CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-n82 September 21, 2000 Mr, JeffRuster, Deputy Assistant Secretary for Economic Development Processing and Control Unit, Room 7251 , Office of Community Planning and Development Department of Housing and Urban Development 451 Seventh Street, S.A. Washington, DC 20410 Attention: Mr, Tony Johnston, Director for Economic Development Initiatives Mr. Hugh Allen, Assistant Director for Economic Development Dear Sirs: -' Pursuant to our telephone conversation of September 20,2000, the purpose of this letter is to provide supplemental information in connection with the Section 108 loan application submitted in August 1999 and the amended ED! application submitted in May 2000, As referenced in the amended ED! application, the $4 million Section 108 loan will be utilized to fund $1 million for the North Shore Youth Center and $3 million for public infrastructure improvements in the North Beach target area - $1 million of which will be specifically used in the streets adjacent to a developable City-owned site known as the "nnd Street Site", The $1 million ED! grant will be utilized to defray debt service costs associated with the Section 1 08 Loan, As requested, below please find additional information regarding 1) job creation, 2) collateral and 3) repayment term. n Job Creation: The $4 million Section 108 loan and the $1 million ED! Grant will achieve the National Objective of benefitting low/moderate income persons by assisting businesses that create jobs and serve low/moderate income residents and that provide an area benefit. The City is proposing to finish the construction ofthe North Shore Youth Center and to perform streetscape improvements in residential areas and adjacent to and in proximity to the 72nd Street Site, As a result of the aggregate improvements, it is estimated that 485 new jobs will be directly created with an additional 655 new jobs indirectly created, It is also projected that this project will lead to approximately $100 million in additional investment in the area, September 21, 2000 Mr, Hugh Allen Page 2 The 485 new jobs are projected to be created at the "nnd Street project" in the Publix supermarket, the movie theater complex and within the on-site retail and restaurant establishments, The 655 indirect jobs will be created in adjacent commercial corridors, in hotels, retail establishments and other area businesses, The proposed projects will meet the national objectives as required under 24 CFR 570,200 (a)(2), In addition to the creation of jobs that beneiit low and moderate income persons, the projects include streetscape improvements in a primarily residential area that will provide an area benefit, as defined, The creation of jobs will be evidenced by: (1) inclusion of a First Source hiring clause in the Development and Lease Agreement to be negotiated with the selected Developer of the nnd Street Site and (2) execution of a North Beach First Source Hiring Agreement by area merchants and businesses, as reflected in Exhibit A. The City will partner with local Community Based Organizations,. (CBO), North Beach Development Corporation (NBDC) and UNIDAD Hispanic Community Center, to assure maximum participation by area businesses in the North Beach First Source Hiring Program, 2) Collateral: The City of Miami Beach has structured a guaranteed form of payment of the Section 108 loan over a 10-year period, using a combination of CDBG entitlement funds, the ED! grant funds, and other available City financial resources, amounting to approximately $425,000 annually, Proposed Financing Structure/Repayment of Section 108 Loan: Section 108 Loan: $4,000,000 ED! Grant Request: $1,000,000 Term: 10 years Interest Rate: Based on 5,25% Collateral: CDBG Entitlement Funds, Covenant on North Shore Park and Youth Center and Pledge of Future North Beach Quality of Life Funds Uses of Funds: $3,000,000 Streetscape Improvements $1,000,000 North Shore Youth Center $1,000,000 ED! utilized to fund $100,000 Annual Debt Service Repayment Source: $425,000 Future Years' Annual CDBG Entitlement Collateral, in addition to the CDBG entitlement funds, will be offered as follows: . City Charter section 1,03 (b), prohibits, without electorate approval, any conveyance of any City-owned park or recreational facility, The City, however, will explore any legally permissible means by which an interest in the property can be pledged to HUD, (The Section 108 loan will provide $Imillion in funding for a $6.3 million estimated project cost as described in the attached Exhibit B.) September 21,2000 Mr. Hugh Allen Page 3 described in the attached Exhibit B,) . The City will pledge not to sell the North Shore Youth Center site, during the term of the loan, . The City will pledge to utilize the North Shore Youth Center site for youth programs, during the term of the loan, . The City will pledge future "North Beach - Quality of Life" funds as described in the attached memorandum (Exhibit C'j, This pledge represents a City pledge of the Va portion of the y, of the additional 1 % of Resort Tax on room revenues collected in Miami Beach, 3) Repayment Term: As stated above, the City of Miami Beach has structured a guaranteed form of repayment of the Section 108 loan over a 10-year period, The EDI grant will be utilized to defray debt service costs annually, Due to the nature of improvements, it was determined that a ten-year amortization was fiscally prudent in light of future potential physical and infrastructure needs of the area, In the original Section 108 loan application submitted in August 1999, a repayment schedule was provided as reflected in Exhibit D. At that time, a more favorable interest rate environment existed and the City's 10 year repayment schedule was based upon a 5,25% interest rate, Based upon our discussion yesterday, Exhibit E provides a 10 year repayment schedule based upon a 6% interest rate, In light of the changes in the interest rate environment, the City will amortize the loan based upon the most favorable interest rate HUD can proffer, so as to maximize the City's investment in the revitalization of the area, I hope the information provided above adequately addresses the issues you raised, On September 27,2000, the Miami Beach Mayor and City Commission will be asked to approve the additional pledges of collateral, and the execution of all authorizing documentation, and the immediate advance requested of $1 million, As you have requested, we will subsequently seek an opinion from our City Attorney regarding our compliance with all applicable local, state and federal laws. Thank you again for your valuable assistance in finalizing the application process, If you have any questions, I can be reached at (w) (305) 673-7010, (h) (305) 533-1199, (b) (305) 750-2042, (m) (305) 331-8758. September 2 J, 2000 Mr. Hugh AI/en Page 4 Again I look forward to meeting with you on Monday, September 25, 2000 at 1 :00 p,m in your offices in Washington, D,C, Sincerely, Christina M, Cuervo Assistant City Manager CMC/rar F:\CMGR\SALL\CHRISTIN\C4r.ED\I08EDf.ADD c: Honorable Representative Carrie Meek Honorable Mayor and City Commission Jorge M, Gom:alez, City Manager Mayra Diaz-Buttacavoli, Assistant City Manager Kevin Smith, Director of Parks and Recreation Kevin Crowder, Economic Development Division Director Joanna Revelo, Community Development Division Director Jack D, Johnson, CPD Director, Florida State Office Marilyn Thompson, Jordan Burt City of Miami Beach North Beach First Source Hiring Agreement /'...'"~ The City of Miami Beach has committed an additional $4 million in funding from the U, S, Department of Housing and Urban Development for improvements in North Beach, including slreetscape enhancements on Nonnandy Island and in the vicinity of the 72" Slreet municipal parking lot, in an effort to improve the business climate in the area. As these improvements proceed, and economic activity increases, access to available labor by the businesses and expanded employment opportunities for the area's residents are essential. To this end, the City of Miami Beach has created the North Beach First Source Hiring Program in partnership with the North Beach Development Corporation and UNlOAD. The City requests your voluntary commitment 'to consider applicants from a specified pool of job seekers before opening your search to the general public or other networks. This pool will include low and moderate-income residents of the North Beach area. The North Beach Development Corporation and UNlOAD will establish this pool and will also serve as the clearinghouse for job announcements and applicants. The City requests that you commit to use this clearinghouse during the initialjob posting period (between 5 and 7 days) before expanding your search to other networks, . The North Beach Development Corporation and UNlOAD will ensure that job announcements are disseminated throughout the neighborhood as quickly as possible. ~"1i . The North Beach Development Corporation will be available to answer any questions you have about this program. . UNIDAD will keep carefully detailed records on the qualifications and skills of community residents that are looking for work, and will pay particular attention to matching workers with appropriate job openings, . The City of Miami Beach, the North Beach Development Corporation, and Miami-Dade County will work with your business to ensure that you are able to access all economic incentives that you are qualified to receive for employing the neighborhood's low and moderate income residents. Business Name: Contact Person: Address: Telephone: Fax: E-mail: As a North Beach business, I commit to make every possible effort to provide employment opportunities to residents of North Beach through the North Beach First Source Hiring Program before expanding my search outside the area. Print Name Signature Date ~ I: ~ . .. .;: OJ ~ ~ ~ "" ..... ~ \.J "," ..... ~.c: -<<: ~ ~ ("I ~ :s ; ::::~ ECo.l"" .~ ..os ;;: ::; "0: .~ ~O:: ~ ~ .. . "" :.: "", ~ .. ~ . _J L. .'\,'4 : t\i.. ~~O. ~I o -;" ~I -;jl :. on o <.) ~I~ ~I "'.0 g .....,0 Q)ir\l CO .....-IN' fD" -......... =-1.... '" ... .. .. , , 1010101 i~I'~I'~I' I~ 0') 0 1- - .. .. .. , ' , ,00,,,, j\l):<<)If,Q '. (7)~! "'..,..... :mlG;) en i I I ~, ...: .. !I -:r--'. '"" on V ;;:: 51 z, ;r V <; ...., I ",' /"'0. ~ ' I i ! I i i ! , IC"'):C'\I '"lt~ ('\I.,..... co. C():cO NJ ~:-~N; ! I i I ' I I i I ~I . 0.] I '551:6 ~t "''''... (1)" o::i a) 1 I I, I -I I I 'I~; ~I i5~1 I' I I 8'8'0 '-'-:U:I 1 ' ! llL.~~l ,_:_1'0, I i I I i~i~:~! I I i ; !". ! ! ! II I i I iili , ' , i II .""I'v, I I : i i I I ,*,~: '!' ,I I IE: I I 1 n~: I I~i I I 1~1-g1 , '-II I-:::! 1:1 \'';; '. IIO~Jlal': '\.E_-'I.!!a;- It::", 0 e.: "C:' ~ IE: 0 'C'v ""I 1001 0, Cll(JISai.:g;:::;:, I ~I~l ~I ~ .~I,I~ ..;lgj0 ~! '.,1,'501 I !II '1= ~ ~ ,5',>!:2 c:i , ~ I 0 '" "1_ P.JjCQ QJ ~ f-,..-lc.:lJ)-, H 100 ~ ll. ::;'ll.Iu: 0::1 : I I: I I I' I ! I' I I I I il, 1 , I i. :: : I' III i I , ' . 1 , I ,010;0'1'010 o'oiololol '010 'I~:~I'~I~I~ ~ ~'I~'I~'I~i . ~i~ rn CD""" ,...., 0 0 00 0 \111-' gl~ uJ lco. ,....../co. <<).1=.. ~ ...... o. C'tl~! oy.n. UJ I'N 010:001/"'0. ~ l' co ......jCO' oleo ., <D <01'_1.....= ag C"'lI!CDIlS)iU'), N N 4: !~ ,'" -1- 1- I . ; ~~J~l~~l~~~'~l~!~~.~~l ~t1 011 I I I'" I ! III!I l ~~il~ ~ l~ II ' I I, '3 c: '-I;J ~, '- <3 -!: I ~J go, 0 .~ 1: S!I e N C ,g -10 Q) I 1.5!~IV 1;; .2'.<.:) " '" ,g " g'1 ~ OIt'l ' 'O!\'-i';;; G) -J11 u. 'C Q e,.- .J:; m ; 11;= iU1ii'" III ~G) l: 01'<<: -f~i,'" 5, . ""'1.-..:= -llll:= '""<:." '" '"._ III (/).u. ll. OO,ll.IOO ..J .=.Q. Q. UJ 00 , 1 , I , , (, .:. ~I ~I :l:J ., ... ., "' '" <0 N "', .... <'l I I I , ! len! 1 I lr::: ! 1 if"'::1 j l ii' J'I '" o "'. '" N ! L I I , I II I I I I Ii; ! I ! I ! I ! III i I ! i I i I I I I - i i I ~LII ....~ I ! ! ! I I " 10lYi .L,!O 0: N ~N '; ",' :&i ~! t; N .N "" fli coi ai - ... '" NON ..n -' fD" ..... fA. fA. II , I . , , I ,_, I !Ii loi '~I' I~I (; c: " '" .5 ~I bl INI .. ;; ~ "" c: I! <.:) CITY OF MIAMI BEACH Interoffice Memorandum m r~\ To: Christina M, Cuervo Assistant City Manager Date: September 21,2000 From: Trish Walker, Finance Direk QUALITY OF LIFE FUi \'0 ~ '\ Subject: BackQround An additional one percent Resort Tax on room rent was approved by referendum on November 3, 1992. In accordance with Section 2, of Ordinance No. 93-2829 (copy attached) the proceeds of this additional one percent resort tax are to be used in accordance with the provisions of Chapter 67-930 (Section 6), of the Laws of Florida, as amended, (copy attached) and Section 43 Y2, of the City of Miami Beach Charter as amended (which is attached as Exhibit B, of Resolution No, 92-20574), Essentially the proceeds of this additional tax are to be used as follows: ~, 1- 50% for public incentives for the convention center headquarters hotel development and upon retirement of all related debt to be used as in 2 below; 2- 50% for promotion of tourism related activities and facilities, and developing, improving and maintaining tourism related public facilities, The additional tax did not become effective until the City entered into an agreement with a developer for a convention center headquarters hotel. The Loew's Agreement was finalized on September 20, 1996 and the tax became effective October 1, 1996, The amount of this additional one percent resort tax earned during the fiscal years ended September 30, 1997 through September 30, 1999 was $2,423,094, $2,616,806 and $3,387,845, respectfully. The estimated amount to be collected for the fiscal year ended September 30, 2000 is $4,045,000, The attached schedule reflects the Revenue and allocatiQll of such in each fiscal year. The proceeds of this additional 1 % tax have been used as follows. Fifty percent of the amount earned has been used to pay a portion of the debt service on the RDA - City Center Bonds. The remaining 50% is aliocated equally among North Beach, Middle Beach and South Beach in an amount of which currently approximates $674,000 to each area. Allowable Uses Allowable uses for Quality of Life funds are spelled out in section 43 % of the charter as follows: shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the following: Publicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling and processing of said tax, We have pledged half of the one-third portion of this tax allocable to Middle Beach for the loan with Colonial Bank for the 4151 Street Beautification project, so this use is consistent with previous uses of these funds by the City, t/l Z o ~li: ua: OWlll ..J :::;!::i ....W ~Ii: J:I-W Ul-t/l <a:Cl WOZ lllt/lS i~ffi :$I-t/l ::iZa: II.W< OUw >-ffi>- 1-11...J Uw< zU o!ll II. II.w OJ: WI- ..Ja: :::10 filII. J: U t/l 'C .! 01 Uo 410 0'.... ~ 11. ~~I < Oi f' =... -... :i'" ~~I < .! ::::i '0 ~ Oi = a 'ifl. ... Oi c o ;: '6 ~ " .. I- ~ o II> .. a: o o o .n .... q .... o o on ('oj ~ N on .... "". ..... "" "'. '" '" N a> M a> "'. ... '" o "". '" ... "'. N '" o ...., "" o '" ... on a> O. '" N ..... N "" .... on ... ... N. ... 'C .. E .. W - C .. e .. 11. .. C o Oi ~ Ul 'C c: o lD ~ '" 1: .. U .2:- (3 . ~ ;,;lr c o ~ U ..5! :cc ..... '" ... -.i" ..... '" ... .... ~ .... '" on .... '" ... <D '" .... a> .... "" M o .... ~ o 01 .. lD ~ 't: o Z ..... '" ... -.i" ..... '" ..... '" ... t '" ... .... '" -.i" '" on ... .... '" -.i" '" on .... '" ... <D '" .... .... '" ... ~ .... a> .... "" ",. o .... a> .... "" M o .... ~ o 01 '" lD '" '6 'C :E ~ o 01 '" lD ~ - :> o rn ORDDmIICJI HO. 93-2829 AJI ORDIIIllHCB 01' DB CITY CClIfIlJ:SSIDJI 01' 'l'IIB cur 01' HJ:1UII BEACH, I'LOUDA, AKBIlDIHa !L'IIIl DUDInOH 01' "'1IIUIlIII1III'1' RBIIDIIIIT" D IIIC'fJ:OH U -CI 01' !L'IIIl CODB 01' !L'IIIl CJ:n 01' HIlUU BDCH 10 Cll!lJ'llJIK 10 !L'IIIl l'IlIl%OD. 8ft Ram D 'l'IIB CIIAllIIR AIID D IBC':IDJI 41-47 01' !L'IIIl C1'If COOS, AIID IHl'LIIIUl!ITIIl/J A BlU.LOT QU1l8IIOII l'AlIIID n !L'IIIl 'fin'" 011 HOV1IHIID 3, 1112; BY UIBIIIlIJIG OC':IDJl8 41-41 UIl 41- 18 (el (11 01' !L'IIIl CODB OJ' !L'IIIl = 01' KDIII IDCH 10 IROVlDS I'OR A 3' IlBIClR'1' IU OR IIIIft 01' llODHI AI AllY BOlllL, NOIm., ROOllING BOUSI OR UU'fHBK'l.' BOU81 III HB CIIY IN ACCORDAllCI WID IIBCnr. AC':I 01' !L'IIIl I'LllIUDA LBOZSUlllIUIl IROVIDBD HA~ HO IORIZOJI 01' !L'IIIl 8B80R~ ~AlC lIlIZCJI Z8 IN UCBSI 01' 2% SIIALL IB IRllVIDBD, ALLOCAIBD OR APPROPRIA~lID I'OR !L'IIIl VISZ~OR JIIlD CO!lVIIII'1'IDJI AlITIIORn'Y; PROVIDING I'OR RUBlILIR; nOVJ:DIIla I'OR IIIVBRUILIU; AIID 'ROVIDING FOR All Bn'BC':%V1I DA2/B. III rr OIUlAIHBD IY THB CITY COHHJ:SSION OF TIlE CITY OF IlIAHI ~.,. BEACH, FLORIDA: .8Q'11%OH 1. The detinition at "Permanent Resident" set forth in section o 41-45 at the Code at the City of Hiami Illach is hereby amended to read ae tallows: Peraanent r_ident. Any person wha, 1ft P.....uwy 1, 1'" .... ~he.....f~.... has resided in the city at Miaai Beach, Florida, far lonaer than eleven consecutive months _ Is"gel!'. SRC'rYDH 2. Section 41-46 at the Code at the City at MilUli Beach 111 hereby amended to read aa fallows: G__."."", 1ft 'Ita .....Mi.t!~ liar .. n........., 19'8, .Xhere is hereby levied and there ahall be paid a tax at ~ ~ percent on .the rent at every occupancy at a room or roOlDs in any hotel, motel, roaming house or apartment house in the city, and aHe a tax of two Dercent upon the total sale. price of all ite.. of food, beverage., alcoholic beverages, or wine sold at retail for consaption on the preJllises of any restaurant aa herein dsfined. such tax ahall constitute a debt _ed by the occupant or guest to the city which is extingubhed only by payment to the operator or to the city. The occupant or guest shall pay the tax to the operator ot the hotel, .otel, rooming house, apartment houae or re.taurant at the ti.e the rent or the salee price is paid. If the rent is peid in instell.ente, e proportionate ehare of the tax shall be paid with each installment. The unpaid 1 tax shall be due upon the occupant's ceasing to occupy space in the hotel, 1I0tel, rooming house or apartment hQUS8.. The tax due on . two Derc.nt transaction aalling for the payment o~ .eft~ a~ ..1.8 price .t '.e. shsll be: SALeg PRTCH ::AX .fI:a $ .50 'to $ .99 .................1c ~ $1.00 ~Q $1.49 .................2c ~ $1.50 to $1.99 .................3c ~ $2.00 to $2.49 .................4c ~ $2.50 to $2.99..................Sc egn ~.Il'. s~ sales in lIlIIounts of IIOre than thr.. dollars two perc.nt shall b. charged upon each dollar of pric. "' t'eft4i, plus the above br.ck.t charge. upon any fractional part of a doll.r in excess of even dollars. The ~ax due on II ~hree Dercen~ ~rBn.a~ian cal1ina far the navment of rent shall be: BEtI% ::AX ~, fro. S .32 ~D S .S5 .................1c fram S .6' ~o S ..99................. 20 from 51.00 ~o 51.32 .................30 from 51.33 ~D 51.65 ..................4c ~rDm 11.66 to Sl.99..................Se On rents in IIlfIount:. of more than tva dollars 'three Dercent shall be charaed qnon each dollar of rent. Dlus the above bracket ahara.. UDon any fractional Dart of II dollar in excess at even dollars. - '. 0 i The Drace.ds at the tax shall be exaended in accordance with the arovl.ions af Chanter 61-g]O. Laws af Florida. ~s ~mend.d. and Sect:ion 43 1/2 of the Chart:er of the City. of Miami Beach. as amended. e * * 8BC'1'l:OH 3. Subsection 41-68 (81(11 of.tbe Cod. of the City of Kiami Beach is hereby amended to read as follows: (1) Subject to the limitations contained in paragraph (3) below witb r..pect to the righta of bondholders, 84waaftainl 8...~.~ 1988, f1f~y perc.qt of the resort t.x moni.. collected by the city in e.ch month 8ft .~ a'..~ 98'a~aw 1188 from the first: ~ OAreant: leVY shall be prorated, allocated and appropriated for the authority and no Dortion o'f 'th. resort:. tax levv in Axe... at the two Dare.hi: l.vv ahall be allocated. orarated Dr aDorooriated for the authority. The resort tax receipts allocated to the authority shall be distributed and paid to the authority on or before the twentieth day of the month 1....edi.t.ly following tbe month of collection thereof in tb. following m.nner: TWenty-five percent of the total collections for the months of october, Hovlllllber, Dei:elllber, the raaaining twenty-five perc.nt to be paid .s herein.fter set forthl Forty perc.nt of the total collection. for the mbnths of Janu.ry, February and K.rch, the raaaining ten percent to be p.id ae hereinafter eet forthl 2 Fifty percent of the total collections in each of the remaining monthe of the flecal year/ On or before Hay 31111: of each Iear the portion at collections withheld and not paid dur ng the prior months of October throuqh Harch shall be distributed and paid to the authoritYI On or before october 31st of each year any r_ining funds dua to the authority frOm the prior fiscal year shall be distributad and paid to the authority. S2rl'1'YOH 4. ......LD .. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. dZe1.'YOIf 5. 8BVBRARYLrl'Y .. If any article, section, subsection, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of COIIIPetent jurisdiction, euch portion Shall be de..ad a separate, distinct and independent __, provision, and euch holding ahall not affect the validity of the remaining portions of thie Ordinance. see-rYON c.. une-rrnl Da."... This Ordinance shall beCOll8 etbctive ten days atter adoption, , . provided, however, that the ...nd..nts set forth in Sections 2 and 3 above shall not becOlIe ettective until the date on which the City of Hi..i Beach entere into an egre_nt with a developer for development of e convention center headquartere hotel. PMSBD ad ADOftBD this 6th , 1113. AnBST: <jZ>>..a..A [.. ~"... CUY CLUJ: PNB:lm FORM AP~ROVED ~~ ~ ~~3 c.\MdI......',...,.'.... Ie. reedinl 12/16/92 2nd .eadinl 1/6/93 3 OFFICE 01' TH. CITY AlTClRHaY LAURaNce "INGOlD en.6't't()Jlll"','W' ~ tf:1tiomi~azM , LOR D A (I po. lOX 0 ""''''If&CH, 'lDftrDA '>>11"_ TtllPt10tq '*J "1.1"lD 1Ulea.,. ta5llra.l'OlI2 COlOlf.no_ _IWIlIUIl 110. ~ _. D&C:alIID U. Ilia '1'01 UllOll n1lllllllll ax.an. IIllIlaIU OJ' aa am CllllIIU.toII &lID llU1l _. lIOII.. II. __ -~. L1UUl1C11 nUlQOloD CUll _UU , .k L~ ~ 'v../ u. -......... 'l'O ....-u.... 41-41 &lID 41-" OJ' t'IIII IIDII% Ullllll ax'l"l COD' 'l'O ~ aa aau.or QUUnoll QI' IIOVZIIBIIl Z. 21., ~ m nr--.. Dl t'IIII _ ax . , on HovUlb.r 3, 1"2, tIl. Clty ot 1I1..1Iluch.'. el._rate appr.","" the ballot qu..t:101l for. It increa.. 1ft the rooIl rent portlol1 of ~b. r....rt t.x, vbich 1ncr.... i. not .tf.cti... until ~. City 'IItU' into .n .gr....nt vi tb a develop.r t..r d.velopaent ot . conv.ntion cant.r b.adquart.ra bot.l. The ettacbad Ocdlnanca 1I&pl_ta tile ballot qu..t1on by. a.llllcl1l1CJ _ B.ctl..... Cl-4f .nd 41-" at tIl. City COd'. .U..,tiv. at .ucb tl.. a. tb. City .nter. lnto an e9Z'._nt vl~ a d.v.lopu for d.v.lopaant ..t . conventlon cant.r baadgaart.r. hot.l. In addit101l, tbe e~echad ordlnanca provid.. for . t.chnical ...nd..nt to tIl. deflnition ot ""anent Iladd.nt in Bactlon 41-45 tor tIl. Clty Cod. to C01lfora to tIl. Cbartar and 8ectt01l 41-41 at ~_ city Cod.. ~l' Encl. , . . , , , J i I c.~.,..... 2:1 " "(,,[I,~ Ill" R-~-(' - 1-1_- ~3 gAl[ l'IIAf'TF.:R hl_!!::CI LA m.; OF FLOnJDA l ~uch t.'lxes imposed, Icvied and Cllllcded. in accordancc with I'. thc :Jccountin~ and othcr pro\'h;ions of the enacted ordinance, i Section 4. Anl' ordinance adopted undcr the provisions of I this act shall exempt therefrom the persons and transactions exempted from thc' p:lyment oi the tlIx imposed by section 212,0::. Florida St..'ltutes. and such ordinance may further pro- vide for such other exemptions from the tax hereby authorized as the governing legislative bodl' of the city or town shall deem proper, Section 5, Any ordinance adopted hereunder may provide such penalties for the violation of such ordinance as the gov- erning legislath'e bodl' of the city or town shall deem appr~ priate, ection 6, Any funds received under and by virtue of the municipal resort tax imposed or levied under the authority of this act shall be used for the following purposes only: creating and maintenance of convention and publicity bureaus, cultural ~, and art centers, enhancement of tourism, publicity and adver- tising purposes, and for the future cost, purchase, building. designing, engineering, planning, repalring, reconditioning, al- tering, expanding, maintaining, senicing and otherwise op- erating auditoriums, communit,}' houses, convention halls, con- "ention buildings or structures, and other related purposes, in- cluding relief from ad \'alorem ta.,es heretofore levied for such purposes, Section 7, The municipal resort tax imposed or lened un- der the authorit,}' of this act shall be in addition to the state" taX provided for by part I, chapter 212, Florida Statutes, Section 8, The governing body of any city or town adopt- ing any ordinance imposing the ta., herebl- authorized may also, by ordinance create an authorit,}' or commission empowered to contract and be contracted with in its own name as an agenCl' of the cit,}' and to administer and e'-llend such portion of the proceeds of said tax as the governing bodl' may deter- mine, The membership, qualifications for membership. tenure, and any other powers to be exercised by said authoritl- or com- mission shall be prescribed by ordinance, Provided, howe\'er, that no ordinance or measure abolishing any authority or com- mission. as herein described, which mal' be created pursuant 654 }. ~ t i , f . I i \ r 1 . ~, PROPOSED CHARTER lUI!lHDMBM'l' RE: SECTl:ON U.\: - orAX ON OCCUPANCY OF HO'l'l!LS A. Proposed Ballot Question: "SHALL SECTION 43~ OF TIlE Ml:AHJ: BEACH CITY CHARTER BE AMENDED TO INCREASE, BY ONE PERCEM'l', THE RESORT TAX ON ROOM RENT, TO BE USED FOR: (A) 50t FOR pUBLIC INCENTIVES FOR cONVENTION CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND UPON RETIREMENT OF 'ALL DEBT RELATED THERETO, TO BE USED AS IN (B) BELOW; (B) sot FOR PROMOTION OF ACTIVITIES AND FACILITIES, IMPROVING AND MAINTAINING PUBLIC FACILITIES" TOURISM RELATED AND DEVELOPING, TOURISM RELATED YES NO B. Proposed orext: Sec. 4J~. orax on occupancy of hotels, etc., and on certain foods and beverages. The City of Miami Beach is authorized and shall have the right to impose, levy and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is. for a period of eleven consecutive months or less; and upon the total sales .price .of all items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic beverages and/or food for consumption on the premises; said tax to be paid by the person paying the rent or paying for the food and/or alcoholic beverage herein specified and to be collected by the person renting said rooms or selling said food or alcoholic beverage for the use and benefit of the city. Sales or rentals exempted by chapter 212, Florida Statutes 1965, shall also be exempt from the tax hereby authorized. That. the total receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no event be transferred to the general fund, and that the said fund shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the following: Publicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of COllecting, hahdling and processing of said tax. That the co_ission shall have the authority and power by ordinance to determine and fix the amount of said tax after public hearing 1 EXHIBIT "B" not in excess of two percent, excent that an additional tax of one nercent (1%) may be imcosed, levied and collected on th~ rent of everv occunancv of a room or rOoms in anY hotel. mt,""' "1.. or anartment house when the rentina is for a neriod of el~ ~Q consecutive months or less. Drovided that such additional one Dercent shall be used. sub;ect to the riahts of bondholders. tAl sot for nubIle incentives for convention center headauarters hotel develocment. and uno" retirement of all debt related thereto, to be used as in IS) below, and IS) 50% for oromotion of tourism related activities and facilities, and develocina. imnrovina and maintainina tourism related nUblie' facilities: Drovided that such additional one cercent (It) of tax shall not be imcosed until such time as the city of Miami Beach has entered into an aareement with a develocer for develoDment: of a convention center headauarters hotel: and oravided further that: the authority created Dursuant to Section 8 of Chanter 61-930 shall have no riaht to receive any Dortion Of such additional ane Dereent (It} of tax. --~ (C:\ rnOlution\2aec43.r..) 090192 SCHEDULE FOR REPAYMENT -- CITY OF MIAMI BEACH SECTION 108 LOAN AMORTIZATION Principal ... '.. . . . Payment Interest Total Annual Payment Payment Date 1 $148,862.83 $120,000,00 $268,862,83 $537,725,66 3/1/01 2 $153,328,71 $115,534.12 $268,862,83 9/1/01 $157,928,58 . . 3 $110,934,25 $268,862,83.... $537,725;66 .... 3/l102 $162,666,43 $1 06, 196040 $268,862,83 9/1/02 . 4 .... . / 5 $167,546043 $101,316,40 $268,862,83 $537,725,66 3/1/03 6 $172,572.82 $96,290.D1 $268,862,83 9/1/03 $177,750,00 -c- . 7 $91,112,83 $268,862.83./ $537,725,66 3/1/04 ~'"A 8 $183,08250 . $85,780,33 $268,862,83 9/l104 . . 9 $188,574,98 $80,287,85 $268,862,83 $537,725,66 3/1/05 10 $194,232,23 $74,630,60 $268,862,83 9/1/05 $20(),059.20 . $68,803,63. . . .. . 3/1I()6 11 .... $268,86.2,83 $537,72?,66 ....... >) .. > $62,801.86 '.. $268,862,83 . ............... .. 9/1/06 12 $206;060,97 .. 13 $212,242,80 $56,620,03 $268,862,83 $537,725.66 3/1/07 14 $218,610,08 $50,252,75 $268,862,83 . 9/1107 .. $43,694A4 $268,862,83 . .... 3/1/08 15 $225,168,39 $537;725,66 . . ....... > 9/1/08 . 16 . $231;923044 $36;939,39 $268,8g8~ ....... .. .... 17 $238,881.14 $29,981.69 $268,862,83 $537,725,66 3/1/09 18 $246,047,58 $22,815,25 $268,862,83 9/1/09 19 ... $253,429,00 $15,433,83 $268,862,83 .. $537,725,66 / 3/1110 . ..... . 9/l11O . 20 $261,0:U.89 $7,830,96 $268,862,83 ...> .. .. ... .' i NOTES: Loan Amount: 4,000,000 Opening Date: 10/1/00 Compounding Frequency: Semi-Annual Interest Rate: Payment Amount: Payment Frequency: 6% $268,862,83 Semi-Annual ,j / < , ; / / , :/1 .I'section 108 Loan Amortization City of Miami Beach Urban Improvements for Economic Development Section 108 Loan Guarantee Application Payment Principal Interest Total Annual Payment Payment Date 1 $154,627,99 $105,000.00 $259,627.99 $519,255,98 3/1/00 2 $158,686.97 $100.941.02 $259,627.99 9/1100 3 $162,852.51 $96,775.48 $259,627,99 $519,255.98 3/1101 4 $167,127.39 $92,500.60 $259,627,99 911101 5 $171,514.48 $88,113.51 $259,627,99 $519,255,98 3/1/02 6 $176,016.74 $83,611.25 $259,627.99 9/1102 7 $180,637.17 $78,990.82 $259,627,99 $519,255.98 3/1/03 8 $185,378.90 $74,249.09 $259,627,99 9/1/03 9 $190,245.10 $69,382.89 $259,627.99 $519,255,98 3/1104 10 $195,239,03 $64,388.96 $259,627,99 9/1/04 11.., '. . $200,364,05 "1$59,263,94:.:. .... .$259;627;99..';!:" > $519 ;255:98 ;;:,:;;<h:~i>Wh't >'3lrt05fi:. .c......}., 12 $205,623.61 $54,004.38 $259,627.99 9/1105 13 $211,02'r.23 $48,606,76 $259,627,99 $519,255.98 3/1/06 14 $216,560.54 $43,067.45 $259,627.99 9/1/06 15..... :.... $222,245,25> $37,382,74 . $259,627;99: .'..',.:". '$519,255,98 ,}' :3/1/07....... .........:: 16 $228,079.19 $31,548.80 $259,627,99 9/1107 17 $234,066.27 $25,561. 72 $259,627.99 $519,255.98 3/1/08 18 $240,210.51 $19,417.48 $259,627,99 9/1108 '$246;516,03.. . :$ 13;11J,96 ::,Ut;'S259;627;99,.,,: :. S519,255;94@P'h%I1C ;S/I/09;{S,'.' 20 $252,987.04 S6,640.91 $259,627,95 9/1/09 NOTES: 4,000,000 10/1/99 Semi-Annual Interest Rate: 5,25% PllYment Amount: $259,627.99 Payment Frequency: Semi-Annual Loan Amount: Opening Date: Compounding Frequency: F:\DOHP\SALl.\L YSSETTE\I08LOANI.DOC ,eel CITY OF MIAMI BEACH itle SECTION 108 lOAN Bank No. Q702 ACCl No, 0360002260328 Tax ID NO,596000372 Phone No, (3051673-7039 Verification No, Of Signatures Required ,peciallnstrt,Jctions '~~z Signature\sl JOME M GONZALEZ CHRISTINA CUERVO PATRICIA D WALKER GEORGINA P ECHERT ,) Jate Openecl09J27/2000 late ReviseCl Center 3600099 Reason Officer No. 00566 By AURORA CHAVEZ SunTrust Bank ("Bank1 . ,is agreed thaI all tran~ons between the Bank and the entiN listed in the above Account Title ("Depositor") shall be govemed by the rules and regulations for liS account and the above signed lIS the authorized agent(s) o(the Depositor hereby acknowledge\s) fecelpt of such rules and regulations and the funds availability 'oliey. The Depositor also acknowledges the funds availability policy has been expllllned. 'ertiflcation ~ Under penaldes or perjury. l. ala. authorized alent orthe Depesltor, terrify dial: ) 596000372 ,is the correct taxpayer identification number for the OepcIsitor (or the DepositOf" is waiting for a nlUtlber In be issued). and ) The Depositor IS not subject to backup WIthholding either because: (a) the Depositor is exempt from backup withholding, 0' (h) the Depositor has nol been ol1fied by the Internal ue ServIce (IRS) that it is subject to backup withholding as a result ofa failllreto report all interest or dIvidends, Of (c) the IRS has otifiedtheDepositor at it sno longer subJect to oockup withholding. .erdflcatlonlDI 'on.. ) The Undersign u cross OUI ilem 2 above if the Undersigned has been notified by the IRS that it is currently subject to backupwithholdin@becauseof n.derreponinJint iv.' dsonltstaxrerum, ) The undersl sh ld if the sitor is exempt from reponing per IRS guidelines. Date Ignarure J0131 (211998) vDAnfnrn"ni",,'innOmlllt peciallnstructions ~"" I .,", No. 070Z I Acct No. 0360002260328 I ~~~~~ ~g:~~~?:039 ' Verification cet CITY Of MIAMI BEACH itle SECTION 10B LOAN No. Of Signatures Required JORGE M GONZAlEZ CHRiSTINA CUERVO PATRIC1A D WALKER GEORGINA P ECHEftT , i31te Opened09J27/2000 ate Revised Center 3600099 Reason Officer No. 00666 By AURORA CHAVEZ SunTruat Bank ('Bank1 is agreed that all1ll11lsactiol:l5 between the Bank and the entity listed in !he above Account Title (~Oepo3itor'') shall be governed by the roles and regulations for is account and the above signed as the authorized agent(s) oftbe Depositor hereby acknowledge(s) receipt of su~h roles and regu1atiOllll and the funds availability ,Iicy. The Depositor also adtnowledges the funds availability policy has been explained. erdtkatiOD - Unde'l' penaldes or perjury, l. as aD .uthorlzed aaeat of the Depealtol', eerdfy thai: ,596000312 is the COrrecl talIpayer identification number for the DepositOf" (or the Depolitor is wajtins. for a number to be issued). and , The Depositor is not subject to badrup withholding either because: (a) the Depositor is exempt from backup witltholding, Or (b) the Depositor has nOI been ,rifled by the Internal ReveDue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest Of" dividends, or (c) the IRS has 'tifiedtheDeoosilOrlhat ilisno longersubjec:t to bal:kup withholding. ~rtlnca1ioD iastrucdODs. The Undmigned s cross Out item 2 above if the Undersigned has been norified by the IRS that it is cWTendy subject to backup withholding because of Iderl"epo,r1.i.n5in =>;'ie:...":.;:;::; ~e:-...~. Theundeni ere if 'to is exempt from reporting per IRS guidelines. >,'nature Date '0131(211998) SUNTRU8T Specimen Signatures Account Number 0360002260328 No. Of Signatures ReQuired 8ank Name SunTrost Bank Acc()unt Title.. CITY OF MIAMI BeACH SECTION 108 lOAN Date Opened Date Revised 0912712000 CITY OF MIAMI BEACH Signature' / Name 5;,,,,",,2 V J'o ~~~ JORGE M GONZALEZ Name Signature3/ CHRISTINA CUeRVO Name ~, 5;''''''.~ ~ku- 5;,,,,,,.5 t1 (J ~ PATRICIA 0 WALKER Name GEORGINA P ECHERT Name Special Instructions I agree that the signature{s] represent(s] the Depositor's authorized signers' specimen signaturels). Signature Date Specimen Signatures Page 1 of 1 600132 (2/1998) SUNTRUST Unincorporated Organization or Association Certificate of Authority and Incumbency (Deposit Accounts) I, the undersigned hereby certify that 1 am the JORGE M GONZALEZ and custodian of the records of CITY OF MIAMI BEACH SECTION lOB LOAN(hereinafter the "Organization"); that the following is a true and correct copy of certain resolutions duly adopted by the Board of , the governing board of the Organization at a meeting duly held on the day of . at which a quorum was present; and that the following resolutions are in conformity with the charter and by-laws and have not since been rescinded or modified. Deposits Accounts Resolved, that SUNTRUST BANK MIAMI ("Bank'.) be designated a depository of this Organization; that anyone of the officers/persons listed in this Resolution be and is hereby authorized to enter into on behalf of the Organization any of Bank's checking, savings, time deposit. night deposit. cash management and corporate service agreements or other deposit account agreements: that the Organization shall be bound by both the terms and conditions of said agreements, as now existing or as amended from time to time; designate additional signers, and said Bank is authorized to accept for deposit or collection. any cht."Ck, draft or other instrument payable to the Organization, whether such check. draft or other instrument bears the endorsement of this Organization. or whether such endorsement, if any, is stamped, written or otherwise affixed, and with or without designation of the person making such endorsement, it being understood that all prior endorsements on such items are guaranteed by this Organization. regardless of the lack of an express guarantee in the endorsement of this Organization. Further Resolved, that said Bank be and is hereby directed to honor, pay and charge to the accounts of this Organization. without inquiry as to the circumstances of the issuance or application of the proceeds of checks. drafts, items or other written orders on any of this organization's accounts with Bank. whether or not payable to. endorsed or negotiated by or for the credit of any person signing the same or any other officer/person of this Organization. when signed by any (number required) of the following officers/persons of this Organization. Officer Title (titles, not names) _, CITY MANAGER ASSISTANT CITY MANAGER FIANANCE DIRECTOR ASSISTANT FIANANCE DIRECTOR Facsimile Signatures (Complete this section !!!I if facsimile signatures are to be used on items). Further Resolved, that Bank is hereby requested. authorized and directed to honor any check, draft, item or other written order on any of this Organization's deposit accounts with Bank when bearing or purporting to bear the following authorized machine or facsimile signature of any of the above officers/persons whose signatures are reproduced below, regardless of by whom or by what means the actual or purported machine or facsimile signatures may have been affixed. (NameofAudlorize<lSigner) {Machine or Facsil:nile Signarure ofAudlorized Signer) (Name of Audlorized Signer) (Machine or Facsimile Signarure of Al1lhorized Signer) Further Resolved, that the Organization shall indemnify and hold Bank harmless from any and all claims, expenses, losses, damages and costs (including attorneys' fees) resulting from. or growing out of Bank's honoring the facsimile signature of any of the above officers/persons, its refusal to honor any facsimile signature of an officer/person not listed above, or resulting from the unauthorized use of the instrument used to produce the facsimile signatures by persons other than authorized officers/persons. Additional Signer Designation Further Resolved. that the custodian of the records of this Organization and any other authorized officer/person listed above may designate up to two additional signers who are authorized only to sign checks, drafts. items or other written orders on any of the Organization's deposit accounts with Bank. General Further Resolved, that the custodian of the records of this Organization be and is authorized and directed to furnish said Bank a certified copy of these resolutions, which resolutions shall continue in full force and effect until written notice of the rescission or modification of the same has been received by Bank, and Bank has had a reasonable time to act on said change; and to furnish said Bank the names and specimen signatures of the person(s) named herein. and such persons from time to time holding the positions named herein, on Bank's usual fonn of signature card or on a fonn acceptable to Bank. Exemption Further Resolved. that if the Organization has an interest bearing account., the Organization is Unincorporated Organization or ASSOciation Certificate of Authority and Incumbency Page 1 of 3 600125 (2119gB) I hereby certify that the following are the names and specimen signatures of the authorized person(s) listed in the foregoing resolutions and that each presently holds the title or designation indicated and has full authority for all acts noted herein. Officers Name I. JORGE M GONZALEZ 2. CHRISTINA M CUERVO 3. PATRICIA 0 WALKER 4. GEORGINA P ECHERT 5. 6. 7. Officer Title CITY MANAGER ASSISTANT CITY MANAGER FINANCE DIRECTOR ASSISTANT FINANCE DIRECTOR Additional Signers 8. 9. 10. II. 12. 2. Signature 1../ ./ ,/ SSN Date of Birth 3. ,/ 4. 5. 6. 7. 8, 9. 10. II. 12. IN WITNESS WHEREOF, I have hereunto subscnbed my name and affixed the seal of saId Organtzatton thIS a day of ~~t.l.k fl-- ~ ~~~ seal/Title (!.I..-~ ~J.uk Bank Use:Account Number 0360002260328 Officers and Authorized Signers verified by Center No. 3600099 Unincorporated Organizatlcm or Association Certificate of Authority and Incumbency Page 2 of 3 600125 (2fl998l SUNTRUST Unincorporated Organization or Association Certificate of Authority and Incumbency (Deposit Accounts) I, the undersigned hereby certify that I am Ihe JORGE M GONZALEZ and custodian of the records of CITY OF MIAMI BEACH SECTION 108 LOAN(hereinafter the "Organization"); that the following is a true and correct copy of certain resolutions duly adopted by the Board of , the governing board of the Organization at a meeting duly held on the day of . at which a quorum was present; and that the following resolutions are in confonnity with the charter and by-laws and have not since been rescinded or modified. Deposits Accounts Resolved, that SUNTRUST BANK MIAMI ("Bank") be designated a depository of this Organization; that anyone of the officers/persons listed in this Resolution be and is hereby authorized to enter into on behalf of the Organization any of Bank's checking, savings, time deposit, night deposit, cash management and corporate service agreements or other deposit account agreements; that the Organization shall be bound by both the terms and conditions of said agreements, as now existing or as amended from time to time; designate additional signers, and said Bank is authorized to accept for deposit or col1ection, any check, draft or other instrument payable to the Organization. whether such check, draft or other instrument bears the endorsement of this Organization, or whether such endorsement, if any, is stamped, written or otherwise affixed, and with or without designation of the person making such endorsement, it being understood that all prior endorsements on such items are guaranteed by this Organization, regardless of the lack of an express guarantee in the endorsement of this Organization. Further Resolved, that said Bank be and is hereby directed to honor, pay and charge to the accounts of this Organization, without inquiry as to the circumstances of the issuance or application of the proceeds of checks, drafts, items or other written orders on any of this organization's accounts with Bank, whether or not payable to, endorsed or negotiated by or for the credit of any person signing the same or any other officer/person of this Organization, when signed by any (number required) of the following officers/persons of this Organization. Officer Title (titles, not names) _":10 CITY MANAGER ASSISTANT CITY MANAGER FIANANCE DIRECTOR ASSISTANT FIANANCE DIRECTOR Facsimile Signatures (Complete this section ~ iffacsimile signatures are to be used on Items). Further Resolved, that Bank is hereby requested, authorized and directed to honor any check, draft, item or other written order on any of this Organization's deposit accounts with Bank when bearing or purporting to bear the following authorized machine or facsimile signature of any of the above officersJpersons whose signatures are reproduced below, regardless of by whom or by what means the actual or purported machine or facsimile signatures may have been affixed. (Name of Authorized Signer) (Machine or Facsimile Signature of Authorized Signer) f:-lame of Authorized Signer) (Mac:hine or FlCSimileSignature of Autbol'ized Signer) Further Resolved, that the Organization shall indemnify and hold Bank. harmless from any and all claims, expenses, losses, damages and costs (including attorneys' fees) resulting from, or growing out of Bank's honoring the facsimile signature of any of the above officers/persons, its refusal to honor any facsimile signature of an officer/person not listed above, or resulting from the unauthorized use of the instrument used to produce the facsimile signatures by persons other than authorized officers/persons. Additional Signer Designation Further Resolved, that the custodian of the records of this Organization and any other authorized officer/person listed above may designate up to two additional signers who are authorized only to sign checks, drafts, items or other written orders on any of the Organization's deposit accounts with Bank. General Further Resolved, that the custodian of the records of this Organization be and is authorized and directed to furnish said Bank a certified copy of these resolutions, which resolutions shall continue in fun force and effect until written notice of the rescission or modification of the same has been received by Bank, and Bank has had a reasonable time to act on said change; and to furnish said Bank: the names and specimen signatures of the person(s) named herein, and such persons from time to time holding the positions named herein, on Bank's usual fonn of signature card or on a form acceptable to Bank. Exemption Further Resolved, that if the Organization has an interest bearing account, the Organization is Unincorporated Organization or ASSOCiation Certificate of Authority and lncumbancy Page 1 of 3 600125 (2/1998) I hereby certify that the following are the names and specimen signatures of the authorized person(s) listed in the foregoing resolutions and that each presently holds the title or designation indicated and has full authority for all acts noted herein. Officers Name I. JORGE M GONZALEZ 2. CHRISTINA M CUERVO 3. PATRICIA D WALKER 4. GEORGINA P ECHERT 5. 6. 7. Officer Title CITY MANAGER ASSISTANT CITY MANAGER FINANCE DIRECTOR ASSISTANT FINANCE DIRECTOR Additional Si.gners 8. 9. 10. II. 12. 4. v SSN Date of Birth Sign~ I. V 2. V' 3. 5. 6. 7. 8. 9. 10. 11. 12. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Organization this ~ d- 1ft,. day of f:t.'1Jkw. ~ (:-11---, Seal V 'cu~ C.i.&ttLlL Bank Use:Account Number 0360002260328 Officers and Authorized Signers verified by Center No. 3600099 Unincorporated Organization or Association Certificate of Authority and Incumbency Page 2 of 3 600125 (2119981