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96-21910 RESO RESOLUTION NO. 96-21910 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA (THE "CITY") AUTHORIZING AND DIRECTING THE CITY TO PROVIDE A LOAN TO THE MIAMI BEACH REDEVELOPMENT AGENCY ("AGENCY"), PURSUANT TO THE ATTACHED PROMISSORY NOTE, IN THE AMOUNT OF FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000.00) FOR CERTAIN EXPENSES TO BE INCURRED BY THE AGENCY WITH RESPECT TO AGENCY IMPROVEMENTS, WHICH LOAN IS TO BE REPAID FROM THE PROCEEDS OF THE ISSUANCE OF TAX INCREMENT REVENUE BONDS. WHEREAS, the Miami Beach Redevelopment Agency (the "Agency") desires to implement certain improvements on property located within the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, the Agency has declared its official intent to issue tax increment revenue bonds (the "Bonds") to finance the improvements; and WHEREAS, the cost of all or a portion of the improvements may need to be funded prior to the issuance of the Bonds; and WHEREAS, the Agency does not have the resources to fund these improvements prior to the issuance of the Bonds; and WHEREAS, the Agency desires to borrow up to $5,500,000.00 from the City of Miami Beach, Florida (the "City"), pursuant to the promissory note attached hereto and incorporated herein, to pay for the costs of these improvements prior to the issuance of the Bonds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that: Section 1. The City is authorized and directed to lend the Agency up to $5,500,000.00, pursuant to the promissory note attached hereto and incorporated herein, in connection with the costs of implementation by the Agency of certain improvements on property located within the City Center/Historic Convention Village Redevelopment and Revitalization Area. Section 2. The City Administration and the City Attorney's office are authorized to take any and all necessary actions to effectuate the purpose of this Resolution. Section 3. This Resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 6th day of ATTEST: ~ ftM<<LA CITY CLERK AIT\kw c:wpwin60\resos\5mill.res Attachment fORM APPROVED LEGAL DJPT. _ By iUt ~ Date S l -'6 2 CITY OF MIAMI BEACH 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. \ ~ 4 - '1.lo March 6, 1996 To: Mayor Seymour Gelber and Members of the City Commission From: Jose Garcia-Pedrosa ~ City Manager Y" Subject: Resolution Authorizing the Loan of up to $5.5 Million to the Redevelopment Agency to be Repaid from the Issuance of Tax Increment Revenue Bonds Administrative Recommendation The Administration recommends that the Mayor and City Commission adopt this resolution. Background The Administration of the Redevelopment Agency anticipates that a portion of the projects to be funded from the issuance of Tax Increment Revenue Bonds will need to be funded prior to the issuance of those Bonds. Without the proceeds of the bond issuance, the funds available to the Redevelopment Agency are limited. The accompanying resolution will allow the Agency to borrow up to $5.5 million from the City which will be repaid from the proceeds ofthe Tax Increment Bonds which are anticipated to be issued in May, 1996. The resolution provides for the City to earn interest at the prime rate monthly on this loan until repaid. Conclusion As this is a short term loan from the City to the Agency, the Agency is paying an interest rate equal to or greater than the City can earn and it will allow the project to move forward, the loan to the Agency should be approved. JGP/RJN/cp Agenda Item R '1 5 Date 3-10- ql.c PROMISSORY NOTE $5,500,000.00 MIAMI BEACH, FLORIDA , 1996 FOR V ALUE RECEIVED, the undersigned, the Miami Beach Redevelopment Agency, a public body corporate and politic ("Maker"), promises to pay to the order of the City of Miami Beach, Florida, 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 FIVE MILLION FIVE HUNDRED THOUSAND AND NO/loo DOLLARS ($5,500,000.00) (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 March 5, 1997. The rate of PRIME per annum, as referenced above, shall be adjusted each month and shall be the PRIME rate as stated in The Wall Street Journal on 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 Five Million Five Hundred Thousand and NOlloo Dollars ($5,500,000.00) 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, protest and notice for protest are hereby waived by all makers and endorsers hereof, together with all other requirements to hold each of them liable as Makers and endorsers. Any and all amounts payable under this Note shall be secured solely by Net Trust Fund Revenues, as defined in Miami Beach Redevelopment Agency Resolution No. 150-94, adopted January 5, 1994 (the "Resolution"). Such security, as referred to in the preceding sentence, is junior, inferior and subordinate in all respects to the bonds issued pursuant to the Resolution as to lien on and source and security for payment from the Net Trust Fund Revenues, as defined in the Resolution, and in all other respects. NUANU BEACH REDEVELOPMEN a public ody corporate and politic BY: ATIEST: R,~ p~ Robert Parcher, Secretary AIT:kw c:wpwin60\ait\promnote.rda FORM APPROVED REDEVELOPMENT AGENCY GENERALCOU~ELI/ l By Ail /(lJ~ 7_r _~ Date ,.J t> 2 PROMISSORY NOTE $5,500,000.00 MIAMI BEACH, FLORIDA ,1996 FOR VALUE RECEIVED, the undersigned, the Miami Beach Redevelopment Agency, a public body corporate and politic ("Maker"), promises to pay to the order of the City of Miami Beach, Florida, 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 FIVE MILLION FIVE HUNDRED THOUSAND AND NO/lOO DOLLARS ($5,500,000.00) (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 March 5, 1997. The rate of PRIME per annum, as referenced above, shall be adjusted each month and shall be the PRIME rate as stated in The Wall Street Journal on 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 Five Million Five Hundred Thousand and NOll 00 Dollars ($5,500,000.00) 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, protest and notice for protest are hereby waived by all makers and endorsers hereof, together with all other requirements to hold each of them liable as Makers and endorsers. Any and all amounts payable under this Note shall be secured solely by Net Trust Fund Revenues, as defined in Miami Beach Redevelopment Agency Resolution No. 150-94, adopted January 5, 1994 (the "Resolution"). Such security, as referred to in the preceding sentence, is junior, inferior and subordinate in all respects to the bonds issued pursuant to the Resolution as to lien on and source and security for payment from the Net Trust Fund Revenues, as defined in the Resolution, and in all other respects. MIAMI BEACH REDEVELOPMEN a public body corporate and politic BY: ATTEST: R6~ p~ Robert Parcher, Secretary FORM APPROVED REDEVELOPMENT AGENCY GENERAL COU EL AIT:kw c:wpwin60\ait\promnote.rda By l Date 3-b -~ 2