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95-21469 Reso RESOLUTION NO. 95 -21469 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE ADMINISTRATION TO PROVIDE A LOAN TO THE MIAMI BEACH REDEVELOPMENT AGENCY ( "AGENCY ") PURSUANT TO THE ATTACHED PROMISSORY NOTE AND RATIFYING THE ACTIONS OF THE AGENCY IN AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE THE ATTACHED PROMISSORY NOTE, CONCERNING A LOAN FROM THE CITY OF MIAMI BEACH, FLORIDA TO THE AGENCY IN THE AMOUNT OF $12,000,000.00 TO PAY CERTAIN EXPENSES TO BE INCURRED BY THE AGENCY WITH RESPECT TO THE ACQUISITION OF THE ROYAL PALM AND SHORECREST HOTELS, WHICH ARE REDEVELOPMENT PROJECTS WITHIN THE CITY LIMITS. WHEREAS, in connection with the acquisition by the Miami Beach Redevelopment Agency ( "Agency ") of certain property described as the Royal Palm and Shorecrest Hotels, which are redevelopment projects within the geographic limits of the City of Miami Beach (the "City "), the Agency may incur expenses for which the Agency requires the City to lend the Agency funds ; and WHEREAS, the Agency intends to repay this loan not later than January 18, 1996 as provided in the promissory note attached hereto as Exhibit "A." NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that: 1. The Administration is authorized to lend the Agency up to $12,000,000.00 pursuant to the promissory note attached hereto as Exhibit "A;" in connection with a loan from the City of Miami Beach to the Agency to pay certain expenses to be incurred by the Agency with respect to the acquisition of the Royal Palm and Shorecrest Hotels, which are redevelopment projects within the City limits; and • 2. The actions of the Agency in authorizing the Chairman g y g and Secretary to execute the promissory note attached hereto as Exhibit "A" regarding a loan from the City of Miami Beach to the Agency in the amount of $12,000,000.00 to pay certain expenses to be incurred by the Agency with respect to the acquisition of the Royal Palm and Shorecrest Hotels, which are redevelopment projects within the City limits, are ratified. PASSED and ADOPTED THIS 18th diy of Januar \ 1995. s f MAY ATTEST: CITY CLERK FORM APPROVED c:\wpwin60 \wpdocs\hotelvoan.rso LEGAL DEPT. By J c � Date l • CITY OF MIAMI BEACH (I: CITY HALL 1700•CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673 -7010 FAX: (305) 673 -7782 COMMISSION MEMORANDUM NO. � , J January 18, 1995 To: Mayor Seymour Gelber and Members of the City Commission From: Roger M. Carlton , City Manager Subject: Resolution Authorizing the Loan of up to $12 Million from the City to the Redevelopment Agency Administrative Recommendation The Administration recommends that the Mayor and City Commission approve this resolution authorizing the loan of up to $12 million from the City to the Redevelopment Agency for the acquisition of the Royal Palm and Shorecrest property. Background The Miami Beach Redevelopment Agency is currently in negotiations with Loews/Forest City Ratner and the Sheraton/HCF Group for the construction of two hotels on the east side of Collins Avenue between Fifteenth Street and Lincoln Road. The Agency has acquired the site for the Loews Hotel and is beginning condemnation proceedings to acquire the site for the Sheraton Hotel. The funds to acquire the Lows site were from the proceeds of the initial financing for the Redevelopment Agency of $25 million in February, 1994. Analysis The City currently has $115 million in its cash management portfolio. This amount will decline to AGENDA ITEM 1� �- DATE - V B`CtS approximately $40 million in November of this year. Of that $40 million, $20 million will be from operating funds and the other $20 will be from bond funds. The loan to the Redevelopment Agency will be made from the operational funds of the City as the purpose of the loan will not be for a tax exempt purpose and if tax exempt funds were used for the loan it would adversely affect the tax status of the bonds. This loan should be viewed as an interim financing to be repaid when the permanent financing is in place at the conclusion of the negotiations e otiations for the h p g e otels. At that time the amount of additional financing that will be needed for the hotels will be known and the amount of this loan will be added to that total and the entire amount of the permanent borrowing will be effected. The City could issue another series of tax increment bonds for the funds for this loan; however, the issuance of multiple series of bonds would cause the costs associated with those issuances to be substantially higher than a single larger issuance. As the purpose for the funds and the subsequent issuance of bonds will be on a taxable basis, the interest costs to be incurred in this loan should also be based on a taxable rate. To the extent that the Redevelopment Agency draws on this credit facility from the City, the interest rate will be at the prime rate reset monthly until such time as the amount is repaid with the permanent financing. The City is currently earning approximately 7% on its investments and the funds utilized by the Redevelopment Agency will cause the City's investment income to be reduced by the interest it would receive on those funds. By charging the Redevelopment Agency prime rate on those funds the City will actually increase its investment by a marginal rate of 1.5% or up to $15,000 a month. The source of the funds for this loan will be from the General Fund's unappropriated reserves and the Self-Insurance Fund's reserve for future claims. The use of these funds by the Redevelopment Agency should have no adverse impact on the operations of the City unless these is a major catastrophe such as another Hurricane Andrew or if the City experiences major shock losses in its self - insurance program. Barring such occurrences, the loan of these funds for a nine to twelve month period will not be harmful to the City. Conclusion As these funds loaned to the Redevelopment Agency will allow the Agency to complete the acquisition of the second hotel site and will be on an interim basis until negotiations are concluded and permanent financing is accomplished and the City will earn an incremental increase in its income, the loan should be approved. RMC /RJN /cp PROMISSORY NOTE $12,000,000.00 MIAMI BEACH, FLORIDA c,M ' , 1995 ti FOR VALUE RECEIVED, the undersigned, the Miami Beach Redevelopment Agency, a Florida municipal corporation ( "Maker "), promises to pay to the order of the City of Miami Beach, a Florida municipal corporation ("Payee"), at its offices at 1700 Convention Center Drive, Miami Beach, Florida or at such other address in the United States of America as may be specified in writing from time to time by holder hereof, the principal sum of TWELVE MILLION AND NO/ 100 DOLLARS ($12,000,000.00) (the "Loan"), or such lesser principal amount as is outstanding, payable together with interest thereon from the date hereof at the rate of PRIME per annum upon the unpaid balance from time to time outstanding until maturity, same being payable, in lawful money of the United States of America, as follows: The entire principal balance of the Loan together with all accrued and unpaid interest on the Loan shall be due and payable in full on January 18, 1996. The rate of PRIME per annum, as referenced above, shall be adjusted each month and shall be the PRIME rate as of the first business day of the month. The principal of this Note may be prepaid in whole or in part at any time and from time to time without penalty or premium. By virtue of this Note and subject to the conditions of this Note, Payee is creating a line of credit in favor of Maker and Maker may draw upon this line of credit as often as it chooses as long as the outstanding principal balance under this Note does not exceed Twelve Million and NO /100 Dollars ($12,000,000.00) at any given time. If default is made under this Note which default continues for a period of thirty (30) days following written notice to the Maker, then at the option of the holder hereof, the entire outstanding principal sum, together with all accrued and unpaid interest shall become immediately due and payable. Presentment for payment, demand, notice of dishonor, rotest and notice of protest are hereby p P Y waived by all makers and endorsers hereof, together with all other requirements to hold each of them liable as Makers and endorsers. MIAMI BEACH REDE `1 OPMENT AGENCY, a Fl • rida municipal corpora ' • n BY: j Se s r r Gelber, airman . ATTEST: /{ � / FORM APPR..QVED REDEVELOP T AGENCY GENER a C0ASEL 'chard Brown, Secretary c: \wpw n60 \wpdocs\rda\note.pro By Date /- t�