18To:
From:
Date:
Subject:
Ordinance:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
bOd mr
2001
The Honorable Mayor, Vice Mayor and Members of the City Commission
Hector Mirabile, Ph.D, City Manager /1 I
July 11,2012 Agenda Item: _'--__ _
Increasing the Debt Service Line Item.
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, relating to budget; authorizing an increase of expense
line item 201.1410.519.7210 Debt Service Fund Interest Expense in
the amount of $175,205 from Debt Service Fund Balance, ordinances
in conflict and an effective date.
Background: In 20 II the City entered into a loan agreement with SunTrust Bank titled
Taxable Revenue Note, Series 20 I I. FirstSouthwest Financial the City's financial
advisors provided an amortization schedule where the interest payments were
to be paid once a year in October beginning in 20 I I. The budget for FY 2012
was based on the amortization schedule provided by FirstSouthwest Financial.
SunTrust Bank provided the official amortization schedule indicating the City
shall pay the bank interest on the outstanding principal balance of the note on
each April I and October I, commencing October I, 20 I I. In anticipation of the
official amortization schedule the City performed its due diligence and
established the Debt Service Fund Balance, which is being applied to increase the
line item with the amount of $175,205.
Attachments: FirstSouthwest amortization schedule.
SunTrust Bank amortization schedule.
Taxable revenue note, series 20 I I.
Fiscal year 20 I I budget schedule.
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ORDINANCE NO. ______ _
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, relating to budget; authorizing an increase of expense
line item 201.1410.519.7210 Debt Service Fund Interest Expense in the
amount of $175,205 from Debt Service Fund Balance.
WHEREAS, in 2011 the City entered into a loan agreement with SunTrust Bank titled Taxable
Revenue Note, Series 20 I I; and,
WHEREAS, FirstSouthwest Financial the City's financial advisors, provided an amortization
schedule where the interest payment were to be paid once a year in October beginning in 20 I I. The budget
for FY 2012 was based on the amortization schedule provided by FirstSouthwest Financial; and,
WHEREAS, SunTrust Bank provided the official amortization schedule indicating the City shall pay
the bank interest on the outstanding principal balance of the note on each April I and October I,
commencing October I, 20 I I; and,
WHEREAS, in anticipation of the official amortization schedule the City established the Debt
Service Fund Balance, which is being applied to increase the line item.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section I. The City Manager is authorized to increase appropriations for expenditure account
201.1410.519.7210, Debt Service Fund Interest Expense, in the amount of $175,205 from Debt Service Fund
Balance, with an estimated balance of $915,846.
Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance shall take effect immediately upon enactment.
PASSED AND ENACTED this ___ day of ______ " 2012.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
I ST Reading -
2nd Reading -
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
FirstSouthwest~
BOND DEBT SERVICE
City of South Miami, Florida
Taxable Revenue Note, Series 2011
SunTrust Bank
** Final Numbers I August 12,2011 **
Period
Ending Principal Coupon Interest Debt Service
10/01/2011 42,125.42 42,125.42
10/01/2012 365,000 4.550% 344,662.50 709,662.50
10/01/2013 385,000 4.550% 328,055.00 713,055.00
10/01/2014 400,000 4.550% 310,537.50 710,537.50
10/01/2015 410,000 4.550% 292,337.50 702,337.50
10/01/2016 435,000 4.550% 273,682.50 708,682.50
10/01/2017 450,000 4.550% 253,890.00 703,890.00
10/01/2018 480,000 4.550% 233,415.00 713,415.00
10/01/2019 495,000 4.550% 211,575.00 706,575.00
10/01/2020 520,000 4.550% 189,052.50 709,052.50
10/01/2021 540,000 4.550% 165,392.50 705,392.50
10/01/2022 565,000 4.550% 140,822.50 705,822.50
10/01/2023 590,000 4.550% 115,115.00 705,115.00
10/01/2024 620,000 4.550% 88,270.00 708,270.00
10/01/2025 645,000 4.550% 60,060.00 705,060.00
10/01/2026 675,000 4.550% 30,712.50 705,712.50
7,575,000 3,079,705.42 10,654,705.42
Aug 12, 2011 12:09 pm Prepared by FirstSouthwest (jgt) (Finance 6.020 south miami, fl:2011) Page 4
05/03/2012 Page 1
City of South Miami 4.55% ACTUAU360
Compound Period ........ : Exact Days
Nominal Annual Rate .... : 4.550 %
Effective Annual Rate ... : Undefined
Periodic Rate .................. : 0.0126 %
Daily Rate ....................... : 0.01264 %
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1 Loan 08/17/2011 7,575,000.00 1
2 Payment 10101/2011 Interest Only 1
3 Payment 04/01/2012 Interest Only 1
4 Payment 10101/2012 365,000.00 1
Fixed Payment (+ Interest)
5 Payment 04/01/2013 Interest Only 1
6 Payment 10101/2013 385,000.00 1
Fixed Payment(+ Interest)
7 Payment 04/01/2014 Interest Only 1
8 Payment 10101/2014 400,000.00 1
Fixed Payment (+ Interest)
9 Payment 04/01/2015 Interest Only 1
10 Payment 10101/2015 410,000.00 1
Fixed Payment (+ Interest)
11 Payment 04/01/2016 Interest Only 1
12 Payment 10101/2016 435,000.00 1
Fixed Payment (+ Interest)
13 Payment 04/01/2017 Interest Only 1
14 Payment 10101/2017 450,000.00 1
Fixed Payment (+ Interest)
15 Payment 04/01/2018 Interest Only 1
16 Payment 10101/2018 480,000.00 1
Fixed Payment (+ Interest)
17 Payment 04/01/2019 Interest Only 1
18 Payment 10101/2019 495,000.00 1
Fixed Payment (+ Interest)
19 Payment 04/01/2020 Interest Only 1
20 Payment 10101/2020 520,000.00 1
Fixed Payment (+ Interest)
21 Payment 04/01/2021 Interest Only 1
22 Payment 10101/2021 540,000.00 1
Fixed Payment (+ Interest)
23 Payment 04/01/2022 Interest Only 1
24 Payment 10101/2022 565,000.00 1
Fixed Payment (+ Interest)
25 Payment 04/01/2023 Interest Only 1
26 Payment 10101/2023 590,000.00 1
Fixed Payment (+ Interest)
27 Payment 04/01/2024 Interest Only 1
0510312012 Page 2
City of South Miami 4.55% ACTUAU360
CASH FLOW DATA
Event Start Date Amount Number Period End Date
28 Payment 1010112024 620,000.00 1
Fixed Payment (+ Interest)
29 Payment 0410112025 Interest Only 1
30 Payment 1010112025 645,000.00 1
Fixed Payment (+ Interest)
31 Payment 0410112026 Interest Only 1
32 Payment 1010112026 675,000.00 1
Fixed Payment (+ Interest)
AMORTIZATION SCHEDULE -US Rule, 360 Day Year
Date Payment Interest Principal Balance
Loan 0811712011 7,575,000.00
1 1010112011 43,082.81 43,082.81 0.00 7,575,000.00
2011 Totals 43,082.81 43,082.81 0.00
2 04/01/2012 175,203.44 175,203.44 0.00 7,575,000.00
3 10101/2012 540,203.44 175,203.44 365,000.00 7,210,000.00
2012 Totals 715,406.88 350,406.88 365,000.00
4 04/0112013 165,850.03 165,850.03 0.00 7,210,000.00
5 10101/2013 551,761.29 166,761.29 385,000.00 6,825,000.00
2013 Totals 717,611.32 332,611.32 385,000.00
6 04101/2014 156,993.96 156,993.96 0.00 6,825,000.00
7 10/0112014 557,856.56 157,856.56 400,000.00 6,425,000.00
2014 Totals 714,850.52 314,850.52 400,000.00
8 04/0112015 147,792.85 147,792.85 0.00 6,425,000.00
9 1010112015 558,604.90 148,604.90 410,000.00 6,015,000.00
2015 Totals 706,397.75 296,397.75 410,000.00
10 04/01/2016 139,121.94 139,121.94 0.00 6,015,000.00
11 10/01/2016 574,121.94 139,121.94 435,000.00 5,580,000.00
2016 Totals 713,243.88 278,243.88 435,000.00
12 04/01/2017 128,355.50 128,355.50 0.00 5,580,000.00
13 10/01/2017 579,060.75 129,060.75 450,000.00 5,130,000.00
2017 Totals 707,416.25 257,416.25 450,000.00
14 04/01/2018 118,004.25 118,004.25 0.00 5,130,000.00
15 10/01/2018 598,652.63 118,652.63 480,000.00 4,650,000.00
2018 Totals 716,656.88 236,656.88 480,000.00
05/03/2012 Page 3
City of South Miami 4.55% ACTUAU360
Date Payment Interest Principal Balance
16 04/01/2019 106,962.92 106,962.92 0.00 4,650,000.00
17 10/01/2019 602,550.63 107,550.63 495,000.00 4,155,000.00
2019 Totals 709,513.55 214,513.55 495,000.00
18 04/01/2020 96,101.69 96,101.69 0.00 4,155,000.00
19 10/01/2020 616,101.69 96,101.69 520,000.00 3,635,000.00
2020 Totals 712,203.38 192,203.38 520,000.00
20 04/01/2021 83,615.10 83,615.10 0.00 3,635,000.00
21 10/01/2021 624,074.52 84,074.52 540,000.00 3,095,000.00
2021 Totals 707,689.62 167,689.62 540,000.00
22 04/01/2022 71,193.60 71,193.60 0.00 3,095,000.00
23 10/01/2022 636,584.77 71,584.77 565,000.00 2,530,000.00
2022 Totals 707,778.37 142,778.37 565,000.00
24 04/01/2023 58,197.03 58,197.03 0.00 2,530,000.00
25 10/01/2023 648,516.79 58,516.79 590,000.00 1,940,000.00
2023 Totals 706,713.82 116,713.82 590,000.00
26 04/01/2024 44,870.58 44,870.58 0.00 1,940,000.00
27 10/01/2024 664,870.58 44,870.58 620,000.00 1,320,000.00
2024 Totals 709,741.16 89,741.16 620,000.00
28 04/01/2025 30,363.67 30,363.67 0.00 1,320,000.00
29 10/01/2025 675,530.50 30,530.50 645,000.00 675,000.00
2025 Totals 705,894.17 60,894.17 645,000.00
30 04/01/2026 15,526.88 15,526.88 0.00 675,000.00
31 10/01/2026 690,612.19 15,612.19 675,000.00 0.00
2026 Totals 706,139.07 31,139.07 675,000.00
Grand Totals 10,700,339.43 3,125,339.43 7,575,000.00
\
TAXABLE REVENUE NOTE, SERIES 2011
CITY OF SOUTH MIAMI, FLORIDA (the "Issuer"), a municipal corporation of the
State of Florida created and existing pursuant to the Constitution and the laws of the State of
Florida, for value received, promises to pay, but solely from the sources hereinafter provided, to
the order of Sun Trust Bank or registered assigns (together with any other registered owner of this
Note, hereinafter, the tlBank'.'), the principal sum of Seven Million Five Hundred Seventy-Five
Thousand and No/lOO Dollars ($7,575,000) or such lesser amount as shall be outstanding
hereunder, together with interest on the principal balance. outstanding at the Interest Rate
(defined below) (subject to adjustment as hereinafter provided), calculated based upon actual
days elapsed in a year of 360 days consisting of twelve 30~day months, such amounts to be
payable as provided herein. This Note is issued pursuant to a Ordinance No. 22-11-2095 of the
Issuer enacted on August 9, 2011 (the "Ordinance") and in conjunction with a Loan Agreement,
dated as of August 17, 2011, between the Issuer and the Bank (the "Loan Agreement") and is
subject to all the terms and conditions of the Loan Agreement. All terms used herein in
capitalized form and. not otherwise defined herein shall have the meanings ascribed thereto, or
referenced, in the Loan Agreement. In addition, the following terms shall have the meanings set
forth below: ."
"Change in Law" means the occurrence, after the date of this Note, of any of the
following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change
in law, rule, regulation or treaty or in the administration, interpretation, implementation or
application thereof by any Governmental Authority, or (c) the making or issuance of any request,
rule, guideline or directive (whether or not having the force of law) by any Governmental
Authority; provided that notwithstanding anything herein to the contrary, (i) the Dodd-Fiarik
Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines or directive
thereunder or· issued in connection therewith and (ii) all requests, rules, guidelines or directives
promulgated by the Bank for Int~mationa1 Settlements, the Basel Committee on Banking
Supervision (oJ.: any successor or similar authority) or, pursuant to the accord commonly referred
to as "Basel III," by the United States or foreign regulatory authorities, shall in each case be
deemed to be a "Change in Law,'i regardless of the date enacted, adopted or issued. .
"Governmental Authoritytl" shall mean the government of the. United States of America,
any other nation or any political subdivision thereof, whether state or local, and any agency,
authority, instrumentality, regulatory body, court, central bank or other entity exercising
executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or
pertaining to government.
"Interest Rate" means a per annum rate equal to 4.55%, and subject to adjustment in
accordance with the tenns set forth herein.
Principal of and interest on this Taxable Revenue Note, Series 2011 (the "Note") are
payable in immediately available funds constituting lawful money of the l)nited States of
America at the Principal Office or such other place as the Bank may designate in writing to the
Issuer.
The Issuer shall pay the Bank interest on the outstanding principal balance of this Note in
arrears, on each April 1 and October 1, commencing October 1, 2011. The principal amount of
this Note shall be payable in annual installments in the amounts and on the dates set forth on
Schedule A hereto, commencing on October 1, 2012, and with the final principal installment
payable October 1, 2026. If any date for the payment of principal or interest is not a Business
Day, such payment shall be due on the next succeeding Business Day.
All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then
to other charges due the Bank, and the balance thereof shall apply to the principal sum due;
provided, however, in an Event of Default, payment shall be applied in accordance with Section
6.02 of the Loan Agreement.
If, after the date of this Note, the Bank shall have reasonably determined that a Change in
Law shall have occurred that has or would have the effect of reducing the rate of return on the
Bank's capital, on this Note or otherwise, as a consequence of its ownership of this Note to a
level below that which the Bank could have achieved but for such adoption, change or
compliance (taking into consideration the Bank's policies with respect to capital adequacy) by an
amount deemed by the Bank to be material, then from time to time, promptly upon demand by'
the Bank, the Issuer shall, and hereby agrees to, pay the Bank such additional amount or amounts
as will compensate the Bank for such reduction, provided that at such time the Bank shall
generally be assessing such amounts on a non-discriminatory basis ag~inst borrowers having
loans similar to the loan hereunder. A certificate of the Bank claiming compensation under this
paragraph and setting forth the additional amount or amounts to be paid to it hereunder shall be
conclusive absent manifest error. In determining any such amount, the Bank may use any
reasonable averaging and attribution methods. The Bank shall notify the Issuer in writing of any
adjustments pursuant to this paragraph. Payments· of principal or interest hereunder not paid
within ten (10) days of the due date shall be subject to a late payment charge of two percent (2%)
of the amount of the late payment and any amount not paid within thirty (30) days of when due
shall bear interest at a rate equal to the Interest Rate otherwise due hereunder plus foUr percent
(4%) per annum until paid, but in no event shall the 'rate of interest payable hereunder exceed the
maximum lawful rate. Notwithstanding any provisio~ of this paragraph or any other provision
hereof to the contrary, in no event shall the Interest Rate on this Note exceed the maximum rate
permitted by applicable law.
In addition to the payments of principal described on Schedule A hereto, the principal
amount of this Note may be prepaid in whole or in part on any principal payment date at the
option of the Issuer upon at least three (3) Business Days' prior written notice by the Issuer to the
Bank specifying the amount of the prepayment, such prepayment to be in an amount equal to the
principal amount to be prepaid plus accrued interest thereon to the date of prepayment and, in the
event that the Issuer, pursuant to this paragraph, optionally prepays in any calendar year an
aggregate of more than fifteen percent (15%) of the principal amount of this Note outstanding on
January 1 of such calendar year, the Issuer, at the time of such prepayment, shall pay to the Bank
a redemption premium equal to the present value of the difference between (1) the amount that
would have been realized by the Bank on the prepaid amount for the remaining term of the loan
at the Federal Reserve H.15 Statistical Release rate for fixed-rate payers in interest rate swaps for
a tenn corresponding to the term of this Note, interpolated to the nearest month, if necessary, that
was in effect three Business Days prior to the origination date of this Note and (2) the amount
2
that would be realized by the Bank by reinvesting such prepaid funds for the remaining terin of
the loan at the Federal Reserve H.15 Statistical Release rate for fixed-rate payers in interest rate
swaps, interpolated to the nearest month, that was in effect three Business Days prior to the loan
repayment date; both discounted at the same interest rate utilized in determining the applicable
month in clause (2) above. Should the present value have no value or a negative value, the Issuer
may repay with no additional fee. Should the Federal Reserve no longer release rates for fixed-
rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H.15 Statistical
Release with another similar index. The Bank shall provide the Issuer with a written statement
explaining the calculation of the premium due, which statement shall, in absence of manifest
error, be conclusive and binding. All optional prepayments pursuant to this paragraph shall be
applied against the payment of principal set forth on Schedule A in inverse order of the due dates
of the payments shown thereon. .
The Issuer to the extent permitted by law hereby waives presentment, demand, protest
and notice of dishonor.
This Note is payable solely from the Pledged Funds to the extent provided in the Loan
Agreement and subject to the pledge of the Pledged Funds as more specifically provided in the
Ordinance and the Loan Agreement. Notwithstanding any other provision of this Note, the
Issuer is not and shatl not be liable for the payment of the principal of and interest on this Note or
otherwise monetarily liable in connection herewith from any property other than as provided in
the Loan Agreement and the Ordinance. .
NOTWITHSTANDING ANYTHING HEREIN OR IN THE LOAN AGREEMENT OR
THE ORDINANCE TO THE CONTRARY, THIS NOTE AND THE INTEREST HEREON
DOES NOT AND SHALL NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE
ISSUER BUT SHALL BE PAYABLE SOLELY FROM THE MONEYS AND SOURCES
DESIGNATED THEREFOR PURSUANT TO THE LOAN AGREEMENT AND THE
ORDINANCE. NEITHER THE FAITH AND CREDIT NOR ANY AD VALOREM TAXING
POWER OF THE ISSUER IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR
INTEREST ON THIS NOTE OR OTHER COSTS INCIDENTAL HERETO.
,.
All terms, conditions and provisions of the Loan Agreement are by this reference thereto
incorporated herein as a part of this Note.
This Note may be exchanged or transferred but only as provided in the Loan Agreement. '
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and in the execution, delivery and the
issuance of this Note do exist, have happened and have been perfonned in due time, form and
manner as required by law, and that the issuance of this Note is in full compliance with and does
not exceed or violate any constitutional or statutory limitation.
[Remainder of page intentionally left blank]
3
IN WITNESS WHEREOF, the Issuer has caused this Note to be executed in its name as
of the date hereinafter set forth.
The date of this Note is August /7r1:2011.
(SEAL)
ATTEST:
BY·6L..:.~~~::..:J~~~~~~,L
Clerk of the City of South Miami, Florida
#10529384 vI
622301-87 -
4
CITY OF SOUTH MIAMI, FLORIDA
BY:,L72~
CIty Manager
READ AND APPROVED AS TO FORM
AND LEGALITY:
Payment Date
(October 1)
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
TOTAL
SCHEDULE A
Principal Amount
$ 365,000
385,000
400,000
410,000 .
435,000
450,000
480,000
495,000
520,000
540,000
565,000
590,000
620,000
645,000
675,000
$7,575,000
\
2
2001
FY 20 I I BUDGET SCHEDULE
MARCH /6
CITY OF SOUTH MIAML' BUDGET FY 20 I 1-2012 26