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Res. No. 190-07-12575RESOLUTION NUMBER: 19 0– 0 7 –12 5 7 5 WHEREAS, on October l lth, 2007 the Mayor and City Commission approved Resolution no. 169 -07 -12554 authorizing the City Manager to pay $300,000 from its Undesignated Fund Contingency Cash Reserve; and WHEREAS, and parking garage project is near completion and the City desires not to delay it any further; and WHEREAS, the Mayor an City Commission authorized the City Manger to seek a loan form the Florida League of Cities in an amount of $1,000,000 and reimburse the undesignated contingency $300,000 and the remainder to be used for completion of the parking; and WHEREAS, it is in the best interest of the City to secure a bridge loan as soon as possible. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMtVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1. Section 1. The City Manager and the City Attorney are authorized to make application to the Florida Municipal Loan Council and to negotiate the interest rate and the terms and conditions for a bridge loan and a permanent loan for the purposes and the amounts stated in the "Whereas" clauses. The loan documents shall be presented to the Mayor and the City Commission and shall not take effect until approved ed by the City Commission a required by the city charter 2. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED thisday of 2007. ATTEST: `--' CITY CLERK tak- MAYOR Commission Vote: U 5-0 Mayor Feliu: Yea Vice -Mayor Wiscombe: Yea Commissioner Birts: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea T-11 17, lml:il�dl " To: The Honorable Mayor Feliu and Members of the City Commission No Jytm- Yvonne S. McKinley, City Manager Eliza Rassi Finance Director November 13, 2007 Agenda Item No.: Subject: Resolution to authorize the City Manager to negotiate an interest rate and enter into a short term loan agreement (bridge loan) with the Florida League of Cities Municipal Loan Council to allow construction of the municipal parking garage project to continue during the period of time the City secures a loan from the FMLC next bond issue. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A BRIDGE LOAN FOR AN AMOUNT NOT TO EXCEED $1,000,000 NET AND A PERMANENT LOAN FOR AN AMOUNT NOT TO EXCEED $1,000,000 NET, FOR THE COMPLETION OF CONSTRUCTION OF A PUBLIC PARKING GARAGE LOCATED AT S.W. 73RD STREET, FOR REFINANCING THE PROPERTY, WHICH CONSTITUTES MARK RICHMAN PROPERTIES CONTRIBUTION TO THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Backup Documentation: El Resolution Q Florida Municipal Application Loan Council Revenue Bond Program APPLICATION FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BOND PROGRAM Administered by the Florida League of Cities, Inc. DATE: November 06,2007 BORROWER: City of South Miami, FL CONTACT NAME: Eliza Rassi qnntb Miami , FL 33143 Nagin, Gallop & Figuer6do CITYATTORNEY: Luis Figueredo ADDRESS: 18001 Old Cutler Rd., Ste. 55( Miami, FL 33157-6416 PHONE: InS 668-3861 PHONE: -in5-854-5353 FAX: .305 663-6346_ FAX: 305-854-5351 E-MAIL: erass.iiicityofsouthmiami.net?F--MAIL: DESCRIPTION OF PROJECT: Parking Garage Completion IS THE PROJECT TO BE GOVERNMENTAL PURPOSE? a F7311 1:1161 111119MIA I il [Cluva ZIGIVA III] rio Z I Current Amount Outstanding $_ Date of Issuance Purpose of the loan Amount of Remaining Proceeds, if any Prepayment Penalty, if any Maturity Date AN EFFECTNE DATE. . WHEREAS, the Mayor and City Commission of the City of South Miami previously approved the completion of the design of the municipal parking garage located at SW 73r" Street and SW 58h Court; and WHEREAS, pursuant to the Settlement Agreement between the City of South Miami and Mark Richman Properties, and pursuant to the loan agreement for the construction of the municipal parking garage, the City was to secure the project funding for the completion of the project; and, WHEREAS, due to a delay in the construction of the garage project that resulted from litigation the prior administration and prior finance director used the project funds earmarked for the construction of the project to make principal and interest payments due on the loan, and, WHEREAS, the portion of the project funds used to pay principal and interest needs to be replaced in order to complete the construction of the garage project-, and, Additions shown by underlining and deletions shown by eveFs#Mag. Pg. 2,Res. No. 169-07-12554 WHEREAS, to maximize the use of the parking garage for the. residents and businesses along Sunset during the holiday season, the City desires to complete the final phase of construction prior to November 2007; and, WHEREAS, the final requirements under the construction process, requires finishing touches on the municipal parking garage, and completion of the re- construction of the roadway, to include the additional street curbs, sidewalks, streetlights and landscaping improvements that are not part of the original scope of work of the garage project, as agreed; and WHEREAS, City Commission on October 2ad, 2007, by acclamation, authorized the continued construction of the roadway in order to complete construction as proposed in the timetable; and WHEREAS, in order to pay the vendors for this final portion of the construction, the City Commission pursuant to Article II (D)(1), authorizes the expenditure of non-budgeted funds; and, WHEREAS, it is in the best interest of the City to timely complete the construction of the parking garage and to seek a loan from the Florida League of Cities, which loan will be used to pay back the undesignated contingency cash reserve, and which loan shall be repaid by using the City's revenues from the operating parking garage over the term of the loan. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1: The City Manager is authorized to pay the final $300,000 in construction costs for the Municipal Parking Garage located at SW 731" Street and SW 58P Court from the undesignated contingency cash reserve that has a current balance of $1,915,608. Thereafter, upon completion of the garage, the City shall seek a loan from the Florida League of Cities, which loan, if authorized, will be used to pay back the undesignated contingency cash reserve. The loan shall be repaid by using the City's revenues from the operating parking garage. Section 2: That as part of the settlement agreement, Mark Richman Properties will be responsible for repaying the loan proceeds, except the $300,000. Section 3: That this resolution shall take effect immediately upon approval. Page 2 of 3 Pg. 3 Res. No. 169-07-12554 PASSED AND ADOPTED this _Z `Nay of October, 2007. Wzw�. �Ilal D AS TO F RM: Luis RJAE—I•u • OFFICE 0 F CITY ATTORNEY, NAGIN, GALLOP & FIGUEREDO, P.A. APPROVED: �WYOR Page 3 of 3 COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Birts: Yea Commissioner Palmer: - Yea Commissioner Beckman: Yea