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03-04-08 Item 142 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ISSUED PURSUANT TO ARTICLE II, SECTION 6(D).2 OF THE CITY CHARTER; RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY'S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), 20- 7.6(B), Section 20 -7.6 (C) and Section 20- 8.10, of the Land Development Code allows for reductions in required off street parking or allow for the ability to make a payment in lieu of providing required parking spaces; and WHEREAS, the impact of the Shops of Sunset on the downtown and TODD area parking supply has highlighted the need to reevaluate parking regulations contained within the Land Development Code; and WHEREAS, the City Commission at its meeting on May 4, 1999, adopted Ordinance No. 8- 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in order to require approval by a four /fifths vote of the City Commission and suspending the Land Development Code sections referred to above for a period of nine months; and WHEREAS, the City Commission at several subsequent meetings, adopted ordinances extending for additional periods the amendments and suspensions of the Land Development Code sections referred to above; and WHEREAS, at the City Commission meeting on May 2, 2006, it was requested that the moratorium ordinance be expanded to modify certain provisions in Section 20 -7.6 (C), Land Development Code which permits payment into. the Parking Infrastructure Trust Fund in lieu of providing required spaces; and to extend the moratorium to parking space reductions provided Section 20 -8.10, Land Development Code, entitled TODD — Bonus Allocations; and WHEREAS, the amendments and suspensions of the Land Development Code sections referred to above were adopted for a nine month period by Ordinance No. 15 -07 -1916 at the City Commission meeting on June 5, 2007 and will expire on March 5, 2008; and /4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 WHEREAS, the purpose of the moratorium was to afford staff and citizens an adequate time period to reevaluate the City's parking regulations and propose any necessary changes; and WHEREAS, the necessary evaluation and studies carried out by the Zoning Task Force, the Parking Board, the Planning Board and City Commission are sufficiently completed to allow for the final preparation and adoption of proposed amendments; and WHEREAS, a proposed ordinance making permanent the suspended provisions set forth in this ordinance is now pending before the Planning Board and will be transmitted to the City Commission for adoption; and WHEREAS, it is necessary to adopt an emergency ordinance to ensure that all future development is consistent with the proposed parking regulations scheduled to come before this Commission for approval; WHEREAS, Pursuant to Article I1, Section 6, "Ordinances," Subsection (D)2., the City finds that a public emergency affecting life, safety, health, property and the public peace exists as the City will face parking challenges if the moratorium is lifted in the interim and as the new regulations would ensure the protection of the safety, health, public peace and property within South Miami; and, WHEREAS, the City Charter requires an affirmative vote of four members of the City Commission to adopt the emergency ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B), Land Development Code, entitled "Required Parking," and the payment in lieu of parking provided for in Section 20 -7.6 (C) (2) Land Development Code, entitled "Procedure" of the Land Development, are hereby amended as set forth below for a period of 30 days to assure that the provisions set forth are not incorporated into current or future development plans prior to final consideration and potential adoption of a pending ordinance making permanent the amended provisions. (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space. 2. Where arcades are optional, buildings with arcades shall receive an additional five (5) percent reduction in the required number of spaces. . In addition to the above, one of the following may apply: a. Two -story buildings shall receive a fifteen (15) percent reduction in the required number of spaces. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 b. Buildings of two (2) or more stories with uses from two (2) of the three (3) use categories provided herein under "Permitted Uses," each use constituting no less than thirty (30) percent of the gross floor area, shall receive a thirty (30) percent reduction in the required number of spaces. C. Buildings of three (3) or more stories with uses from each of the three (3) use categories provided herein, each use constituting no less than twenty - five (25) percent gross floor area, shall receive a forty-five (45) percent reduction in the required number of spaces. 4. For new buildings greater than 25,000 square feet, changes of use and additions greater than 10,000 square feet, the allowable parking adjustments identified in subparagraphs (2) and (3),, above, shall require the affirmative vote of four (4) members of the City Commission and follow those procedures established for special use permits as set forth in Section 20- 5.8(B) through (F), Land Development Code and shall follow those procedures for public hearings set forth in Section 20 -5.1 through 20 -5.6, Land Development Code. For new buildings not exceeding 25,000 square feet, changes of use and additions not exceeding 10,000 square feet, the allowable parking adjustments identified in subparagraphs (2) and (3), above, shall continue to be as provided. 6. For replacement of an existing building, completely damaged due to natural or man made disaster, the allowable parking adjustments identified in subparagraphs (2) and (3), above, shall continue to be as provided. (C) Procedure. (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12 for each permitted use. The appropriate reduction in parking spaces shall then be calculated as provided in Section 20 -7.613 above. If the reduction calculated includes a fraction less than a whole number, the reduction calculated shall be rounded up and subtracted from the required (unadjusted) number of spaces to determine the adjusted parking requirement. (2) The difference between the number of spaces provided, including on street parking, and the number of spaces required shall then be determined. If there are fewer spaces provided than required for existing structures only, the applicant must pay into the Parking Infrastructure Trust Fund a fee, as determined from time to time by the parking committee, reflecting the actual land and construction costs for parking, for each space required but not provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a trust account separate from general funds and may be used only for improvements to the city parking infrastructure to increase parking capacity or to enhance use of existing parking capacity. (3) Historic or contributive buildings are exempt from all parking requirements. (4) Any changes in use in a building will require a re- calculation in the required parking pursuant to (B) above. If the new combination of uses requires additional parking spaces, a fee, as determined from time to time by the parking committee, must be paid into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds will be paid. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 2: Section 20- 4.4(H), Land Development Code, entitled "The Metro -Rail Usage Consideration via Special Parking Permit," is hereby suspended for a period of 30 days to assure that the provisions under suspension are not incorporated into current or future development plans prior to final consideration and potential adoption of a pending ordinance making permanent the suspended provisions. Section 3: Section 20- 4.4(G), Land Development Code, entitled "Joint Use Spaces via Special Parking Permit," is hereby suspended for developments within the boundaries of the Hometown District for a period of or a period of 30 days to assure that the provisions under suspension are not incorporated into current or future development plans prior to final consideration and potential adoption of a pending ordinance making permanent the suspended provisions. Section 4: Section 20 -8.10, Land Development Code, entitled "Bonus allocations," is hereby modified as set forth below to suspend certain parking reductions and parking bonuses for developments within the boundaries of the TODD for a period or a period of 30 days to assure that the provisions under suspension are not incorporated into current or future development plans prior . to final consideration and potential adoption of a pending ordinance making permanent the suspended provisions. 4 20 -8.10 Bonus allocations. Action Bonus or 2 floor For every 1 floor of 1 additional floor of residential use residential use with the minimum parking requirement (two (2) cars per residential use Public plaza -min. 5,000 sq. One (1) additional floor ft. and art work in plaza setting Develop full frontage with One (1) additional floor street design as part of pedestrian walkway system Develop "cross - thru's" One (1) additional floor from street to public open space as part of pedestrian walk- system, on owner's property (maintenance required in Section 20- 8.15 For those properties that back up to public open space or easement. Buildings may be built in rear to within 5' of rear property or easement line. in no n 40 required P"4kiA.g-. 2 4 5 section 5; -Ge. shall not appb, to developrae'"t for- whiGh an 6� 7 8 Section 5. Pursuant to the provisions of Article II, Section 6, Subsection (D).2, of the 9 Charter of the City of South Miami this ordinance is hereby declared an emergency ordinance to 10 assure that any development shall be consistent with the proposed parking regulations scheduled to 11 be adopted by the City Commission. 12 13 Section 6. All ordinances, resolutions and parts thereof, in conflict with this 14 ordinance shall not be in force and effect during the time period of this ordinance. 15 16 Section 7. If any section, clause, sentence, or phrase of this ordinance is for any 17 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 18 affect the validity of the remaining portions of this ordinance. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Section 8. This ordinance shall take effect immediately at the time of its passage and be repealed as of the 31 st day following the date of adoption set forth below. PASSED AND ADOPTED this 4th day of March, 2008. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin, Gallop & Figueredo, P.A., Office of City Attorney MAYOR CITY COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer Commissioner Beckman XAComm Items\2008\3- 4- 08\Parking moratorium Emerg Extension Mar 2008 (2).doc " CITY OF SOUTH MIAMI NCORPORATEDP • INTER - OFFICE MEMORANDUM 1927 CnoYO South Miami AII- America Cfiv I � I I �.P 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Eliza Rassi Finance Director l Date: February 21, 2008 Subject: Ordinance to authorize the City Manager to enter into a short term loan agreement (bridge loan) with the Bank of America through Florida League of Cities Municipal Loan Council to pay for the final construction of the municipal parking garage project up until a loan from the FMLC `s next bond issue can be secured. Background During the November 27th 2007 Commission meeting a resolution was approved to allow the City Manager to negotiate a bridge loan for the completion of the Parking Garage Project, and as a result through the Florida Municipal Loan Council Bank of America has provided us the terms to comply with this need. Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; AUTHORIZING A TERM LOAN: APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A PROMISSORY NOTE AND A LOAN AGREEMENT WITH BANK OF AMERICA, N.A.; AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND EFFECTIVE DATE. Backup Documentation: ❑ RESOLUTION 190 -07 -12575 ❑ ORDINANCE ❑ LOAN AGREEMENT I ORDINANCE No. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 FINANCE; AUTHORIZING A TERM LOAN: APPROVING 6 THE FORM OF AND AUTHORIZING THE EXECUTION OF A 7 PROMISSORY NOTE AND A LOAN AGREEMENT WITH 8 BANK OF AMERICA, N.A.; AND PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT AND AN 10 EFFECTIVE DATE. 11 12 BE IT ORDERED BY THE CITY COMMISION OF THE CITY OF 13 SOUTH MIAMI, FLORIDA (the "Borrower ") that: 14 15 Section 1. Authority for this Ordinance. This Ordinance is adopted 16 pursuant to the Constitution and laws of the State of Florida. 17 18 Section 2. Definitions. Words and phrases used herein capitalized 19 form and not otherwise defined herein shall have the meanings ascribed hereto in 20 the Loan Agreement (hereinafter defined) and, in addition, the following words 21 and phrases shall have the following meanings when used herein: 22 23 "Authorized Signatory" means , Mayor of the Borrower. 24 25 "Loan Amount" means $1,000,000.00. 26 27 Section 3. Authorization of Transaction. In order to obtain funds to 28 pay the costs of construction of a new municipal parking garage, the Borrower is 29 authorized to. obtain a one -year term loan (the "Loan") from and borrow from 30 Bank of America, N.A. (the "Bank ") the amount of the Loan Amount. Because of 31 the characteristics of the transaction and the need for immediate funding, it is in 32 the best interest of the Borrower to obtain the loan through negotiation with the 33 Bank. 34 35 Section 4. Loan Agreement and Promissory Note The Borrower is 36 authorized to execute a Loan Agreement with the Bank in substantially the form 37 attached hereto as Exhibit A (the "Loan Agreement ") and to make the Promissory 38 Note in the form attached to the Loan Agreement, provided that the principal 39 amount of the Promissory Note may not exceed the Loan Amount. The forms and 40 terms of the Loan Agreement and Promissory Note are hereby approved by the 41 Borrower and the Authorized Signatory is authorized to execute the same, with 42 such changes as may be approved by the Authorized Signatory, such approval to 43 be conclusively evidenced by the execution thereof by the Authorized Signatory. 44 45 Section 5. Severability. If any provision of this Ordinance shall be 46 held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in 47 any context, the same shall not affect any other provision herein or render any 48 other provision (or such provision in any other context) invalid, inoperative or 49 unenforceable to any extent whatever. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 . 35 Section 6. Applicable Provisions of the Law. This Ordinance shall be governed by and construed in accordance with the laws of the State of Florida. Section 7. Authorizations. All . officials and employees of the Borrower are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, and contracts on behalf of the Borrower that are necessary or desirable in connection with the completion of the Loan. Section 8. Repealer. All Ordinances or parts thereof in conflict herewith are hereby repealed. Section 9. Effective Date. This Ordinance shall take effect immediately upon its enactment. PASSED AND ADOPTED this _day of 2008. 1" Reading - 2W Reading- ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Feliu: Vice -Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Exhibit A to Ordinance. LOAN AGREEMENT This LOAN AGREEMENT (the "Agreement ") is made and entered into as of the Closing Date identified on Attachment B, and is by and between the a political subdivision of the State of Florida identified on Attachment B hereto, and its successors and assigns (the "Borrower "), and Bank of America, N.A., a national banking association, and its successors and assigns, as holder(s) of the hereinafter defined Note (the "Bank "). The parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS Section 1.01 Definitions. The words and terms used in this Agreement shall have the meanings as set forth in the recitals above and the following words and terms as used in this Agreement shall have the following meanings: "Agreement" shall mean this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Bond Counsel" means an attorney -at -law or firm of such attorneys having expertise in the legal aspects of the issuance of indebtedness by states and political subdivisions thereof. "Borrower" is defined on Attachment B hereto. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Bank is lawfully closed. "Closing Dat°" means the date so indicated in the Note. "Costs" means, with respect to the Project, any lawful expenditure of the Borrower which meets the further requirements of this Agreement. . "Event of Default" shall mean an event of default specified in Article VI of this Agreement. "Loan" shall mean the loan by the Bank to the Borrower contemplated hereby. "Loan Amount" is identified on Attachment B. "Note" means the Borrower's Promissory Note in the form attached hereto as Attachment "A "Notice Address" means, As to the Borrower: As set forth on Attachment B As to the Bank: Bank of America, N.A. 9000 Southside Boulevard Building 100 Jacksonville, FL 32256 or to such other address as either party may have specified in writing to the other using the procedures specified in Section 7.06. "Principal Office" means, with respect to the Bank, the office located at 9000 Southside Boulevard, Building 100, Jacksonville, Florida, 32256, or such other office as the Bank may designate to the Borrower in writing. "Project" means expenditures incurred by the Borrower not more than 60 days prior to the date of this Agreement with respect to the construction of a new municipal parking garage. "State" means the State of Florida. Section 1.02 Titles and Headings. The titles and headings of the articles and sections of this Agreement have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS OF BORROWER The Borrower represents and warrants to the Bank that: Section 2.01 Powers of Borr -)wer. The Borrower is a political subdivision of the type identified on Attachment B hereto, duly organized and validly existing under the laws of the State. The Borrower has the power to borrow the amount provided for in this Agreement, to execute and deliver the Note and this Agreement, to secure the Note in the manner contemplated hereby and to perform and observe all the terms and conditions of the Note and this Agreement on its part to be performed and observed. The Borrower may lawfully borrow funds hereunder in order to pay Costs of the Project. Section 2.02 Authorization of Loan. The Borrower had, has, or will have, as the case may be, at all relevant times, full legal right, power, and authority to execute this Agreement, to make the Note, and to carry out and consummate all other transactions contemplated hereby, and the Borrower has complied and will comply with all provisions of applicable law in all material matters relating to such transactions. The Borrower has duly authorized the borrowing of the amount provided for in this Agreement, the execution and delivery of this Agreement, and the IPA making and delivery of the Note to the Bank and to that end the Borrower warrants that it will take all action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Note. The Note has been duly authorized, executed, issued and delivered to the Bank and constitutes legal, valid and binding obligation of the Borrower enforceable in accordance with the tenors thereof and the terms hereof, and is entitled to the benefits and security of this Agreement. All approvals, consents, and orders of and filings with any. governmental authority or agency which would constitute a condition precedent to the issuance of the Note or the execution and delivery of or the performance by the Borrower of its obligations under this Agreement and the Note have been obtained or made and any consents, approvals, and orders to be received or filings so made are in full force and effect. Section 2.03 No Violation of Law or Contract. The Borrower is not in default in any material respect under any agreement or other instrument to which it is a parry or by which it may be bound, the breach of which could result in a material and adverse impact on the financial condition of the Borrower or the ability of the Borrower to perform its obligations hereunder and under the Note. The making and performing by the Borrower of this Agreement and the Note will not violate any applicable provision of law, and will not result in a material breach of any of the terms of any agreement or instrument to which the Borrower is a parry or by which the Borrower is bound, the breach of which could result in a material and adverse impact on the financial condition of the Borrower or the ability of the Borrower to perform its obligations hereunder and under the Note. Section 2..04 Pending or Threatened Litigation. There are no actions or proceedings pending against the Borrower or affecting the Borrower or, to the knowledge of the Borrower, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the Borrower, or which questions the validity of this Agreement or the Note or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby. Section 2.05 Financial Information. The financial information regarding the Borrower furnished to the Bank by the Borrower in connection with the Loan is complete and accurate, and there has been no material and adverse change in the financial condition of the Borrower from that presented in such information. ARTICLE III COVENANTS OF THE BORROWER Section 3.01 Affirmative Covenants. For so long as any of the principal amount of or interest on the Note is outstanding or any duty or obligation of the Borrower hereunder or under the Note remains unpaid or unperformed, the Borrower covenants to the Bank as follows: (a) Payment. The Borrower shall pay the principal of and the interest on the Note at the time and place and in the manner provided herein and in the Note. -3- (b) Use of Proceeds. Proceeds from the Note will be used only to pay costs of the Project and to pay closing costs of the Loan. (c) Notice of Defaults. The Borrower shall within ten (10) days after it acquires knowledge thereof, notify the Bank in writing at its Notice Address upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the Borrower of all relevant facts and the action being taken or proposed to be taken by the Borrower with respect thereto. (d) Maintenance of Existence. The Borrower will take all reasonable legal action within its control in order to maintain its existence until all amounts due and owing from the Borrower to the Bank under this Agreement and the Note have been paid in full. (e) Records. The Borrower agrees that any and all records of the Borrower with respect to the Loan and the Project shall be open to inspection by the Bank or its representatives at all reasonable times at the offices the Borrower. (f) Financial Statements. The Borrower will cause an audit to be completed of its books and accounts and shall furnish to the Bank audited year -end financial statements of the Borrower certified by an independent certified public accountant to the effect that such audit has been conducted in accordance with generally accepted auditing standards and stating whether such financial statements present fairly in all material respects the financial position of the Borrower and the results of its operations and cash flows for the periods covered by the audit report, all in conformity with generally accepted accounting principles applied on a consistent basis, and on a consolidated basis if applicable. The Borrower shall provide the Bank with the Borrower's audited financial statements for each fiscal year ending on or after September 30, 2007 within 270 days after the end thereof. The Borrower shall also provide the Bank with a copy of any management letter received by the Borrower from its auditors within 30 days after receipt by the Borrower. (g) Notice of Liabilities. The Borrower shall promptly infonn the Bank in writing of any actual or potential contingent liabilities or pending or threatened litigation of any amount that could reasonably be expected to have a material and adverse effect upon the financial condition of the Borrower or upon the ability of the Borrower to perform its obligation hereunder and under the Note. (h) Insurance. The Borrower shall maintain such liability, casualty and other insurance as is reasonable and prudent for similarly situated governmental entities of the State of Florida. (1) Compliance with Laws. The Borrower shall comply with all applicable federal, . state and local laws and regulatory requirements, the violation of which could reasonably be expected to have a material and adverse effect upon the financial condition of the Borrower or upon the ability of the Borrower to perform its obligation hereunder and under the Note. M 0) Payment of Document Taxes. In the event the Note or this Agreement should be subject to the excise tax on documents or the intangible personal property tax of the State, the Borrower shall pay such taxes or reimburse the Bank for any such taxes paid by it. Section 3.02 Negative Covenants. For so long as any of the principal amount of or interest on the Note is outstanding or any duty or obligation of the Borrower hereunder or under the Note remains unpaid or unperformed, the Borrower covenants to the Bank as follows: (a) No Adverse Borrowings. The Borrower shall not issue or incur any indebtedness or obligation if such would materially and adversely affect the ability of the Borrower to pay debt service on the Note or any other amounts owing by the Borrower under this Agreement. Section 3.03. Bank Fees and Expenses. The Borrower agrees to pay the fee of counsel to the Bank in connection with the issuance of the Note in the amount of $2,500.00, said amounts to be due and payable upon the issuance of the Note. Section 3.04. Automatic Payment Procedure. The Borrower hereby authorizes the Bank to automatically deduct from a bank account of the Borrower designated to the Bank the amount of any payment of principal or interest due from the Borrower to the Bank under this Agreement or the Note. If the funds in the account are insufficient to cover any payment, the Bank shall not be obligated to advance funds to cover the payment. The Bank covenants that it shall not debit the Borrower's account for any amount in excess of the principal and interest due from the Borrower to the Bank as the same becomes due. Section 3.05. Registration and Exchange of Note. The Note is owned by Bank of America, N.A. The ownership of the Note may only be transferred, and -the Borrower will transfer the ownership of the Note, upon written request of the Bank specifying the name, address and taxpayer identification number of the transferee, and the Borrower will keep a record setting forth the identification of the owner of the Note. Section 3.06. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the Borrower .shall issue and deliver a new, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Bank furnishing the Borrower proof of ownership thereof and indemnity reasonably satisfactory to the Borrower and paying such expenses as the Borrower may incur. Section 3.07. Payment of Principal and Interest; Limited Obligation. The Borrower promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. Section 3.08 Officers and Employees of the Borrower Exempt from Personal Liability. No recourse under or upon any obligation, covenant or agreement of this Loan Agreement or the Note or for any claim based hereon or thereon or otherwise in respect thereof, shall be had against any officer (which includes elected and appointed officials), agent or employee, as such, of the -5- Borrower past, present or future, it being expressly understood (a) that the obligation of the Borrower under this Agreement and under the Note is solely a corporate one, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the officers, agents, or employees, as such, of the Borrower, or any of them, under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom, and (c) that any and all such personal liability of, and any and all such rights and claims against, every such officer,. agent, or employee, as such, of the Borrower under or by reason of the obligations, covenants or agreements contained in this Agreement and under the Note, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Agreement and the issuance of the Note on the part of the Borrower. Section 3.09. Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Bank. ARTICLE IV CONDITIONS OF LENDING The obligations of the Bank to lend hereunder are subject to the following conditions precedent: Section 4.01 Representations and Warranties. The representations and warranties set forth in this Agreement and the Note are and shall be true and correct on and as of the date hereof. Section 4.02 No Default. On the date hereof the Borrower shall be in compliance with all the terms and provisions set forth in this Agreement and the Note on its part to be observed or performed, and no Event of Default nor any event that, upon notice or lapse of time or both, would constitute such an Event of Default, shall have occurred and be continuing at such time. Section 4.03 Supporting Documents. On or prior to the date hereof, the Bank shall have received the following supporting documents, all of which shall be satisfactory in form and substance to the Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank): (a) The opinion of the attorney for the Borrower, regarding the due authorization, execution, delivery, validity and enforceability of this Agreement and the Note; (b) Such additional supporting documents as the Bank may reasonably request. SZ ARTICLE V FUNDING THE LOAN Section 5.01 The Loan. The Bank hereby agrees to Loan to the Borrower on the date hereof the amount of the Loan Amount, to be evidenced by the Note, to provide funds to finance the Costs of the Project upon the terms and conditions set forth in this Agreement. The Borrower agrees to repay the principal amount borrowed plus interest thereon, upon the terms and conditions set forth in this Agreement and the Note. Section 5.02 Description and Payment Terms of the Note. To evidence the Loan, the Borrower shall issue and deliver to the Bank the Note in the form attached hereto as Exhibit A. ARTICLE VI EVENTS OF DEFAULT Section 6.01 General. An "Event of Default" shall be deemed to have occurred under this Agreement if: (a) The Borrower shall fail to make any payment of the principal of or interest on the Loan when the same shall become due and payable, whether by maturity; by acceleration at the discretion of the Bank as provided for in Section 6.02, or otherwise; or (b) The Borrower shall default in the performance of or compliance with any term or covenant contained in this Agreement and the Note, other than a term or covenant a default in the performance of which or noncompliance with which is elsewhere specifically dealt with, which default or non - compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the Borrower by the Bank, or (ii) the Bank is notified of such noncompliance or should have been so notified pursuant to the provisions of Section 3.01(c) of this Agreement, whichever is earlier; or (c) Any representation or warranty made in writing by or on behalf of the Borrower in this Agreement or the Note shall prove to have been false or incorrect in any material respect on the date made or reaffirmed; or (d) The Borrower admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or snakes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself, or (e) The Borrower is adjudged insolvent by a court of competent jurisdiction, or it is adjudged a bankrupt on a petition in bankruptcy filed by or against the Borrower, or an order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the Borrower, a receiver or trustee of the Borrower or of the whole or any part of its -7- property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or (f) The Borrower shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or the State; or. (g) The Borrower shall default in the due and punctual payment or performance of covenants related to any indebtedness of the Borrower or under any obligation for the payment of money to the Bank or any other subsidiary or affiliate of Bank of America Corporation. Section 6.02 Effect of Event of Default. Except as otherwise provided in the Note, immediately and without notice,. upon the occurrence of any Event of Default, the Bank may declare all obligations of the Borrower under this Agreement and the Note to be immediately due and payable without further action of any kind and upon such declaration the Note and the interest accrued thereon shall become inunediately due and payable. In addition, and regardless whether such declaration is or is not made, the Bank may also seek enforcement of and exercise all remedies available to it under any applicable law. ARTICLE VII MISCELLANEOUS Section 7.01 No Waiver, Cumulative Remedies. No failure or delay on the part of the Bank in exercising any right, power, remedy hereunder or under the Note shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy hereunder or thereunder. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law or in equity. Section 7.02 Amendments, Changes or Modifications to the Agreement. This Agreement shall not be amended, changed or modified except in writing signed by the Bank and the Borrower. The Borrower agrees to pay all of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at the Borrower's request or behest. Section 7.03 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 7.04 Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. Section 7.05 Term of Agreement. Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the Borrower in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section 7.06 Notices. All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common carrier service; and five days after it is sent, if mailed, certified mail, return receipt requested, postage prepaid. In each case notice shall be sent to the Notice Address. Section 7.07 Applicable Law; Venue. This Agreement shall be construed pursuant to and governed by the substantive laws of the State. The parties waive any objection to venue in any judicial proceeding brought in connection herewith lying in Duval County, Florida. Section 7.08 Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties. The Borrower shall have no rights to assign any of its rights or obligations hereunder without the prior written consent of the Bank. Section 7.09 No Third Party Beneficiaries. It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 7.10 Attorneys Fees. To the extent legally permissible, the Borrower and the Bank agree that in any suit, action or proceeding brought in connection with -this Agreement or the Note (including any appeal(s)), the prevailing party shall be entitled to recover costs and attorneys' fees from the other party. Section 7.11 Entire Agreement. Except as otherwise expressly provided, this Agreement and the Note embody the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. Attachments A and B are a part hereof. Section 7.12 Further Assurances. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements or instruments and shall cooperate with one another in all respects for the purpose of out the transactions contemplated by this Agreement. In Section 7.13 Waiver of Juice. (a) This Section 7.13 concerns the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, that arise out of or relate to: (i) this Agreement (including any renewals, extensions or modifications); or (ii) any loan document or other document related to this Agreement (collectively a "Claim "). For the purposes of this arbitration provision only, the term "parties" shall include any parent corporation, subsidiary or affiliate of the Bank involved in the servicing, management or administration of any obligation described or evidenced by this Agreement. (b) At the request of any party to this Agreement, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the "Arbitration Act "). The Arbitration Act will apply even though this Agreement provides that it is governed by the law of a specified state. The arbitration will take place on an individual basis without resort to any form of class. action. (c) Arbitration proceedings will be determined in accordance with the Arbitration Act, the then - current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association or any successor thereof ( "AAA "), and the terms of this Section. In the event of any inconsistency, the terms of this paragraph shall control. If AAA is unwilling or unable to (i) serve as the provider of arbitration or (ii) enforce any provision of this arbitration clause, any parry to this Agreement may substitute another arbitration organization with similar procedures to serve as the provider of arbitration. (d) The arbitration shall be administered by AAA and conducted in Miami, Florida. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars ($5,000,000), upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed, judgment entered and enforced. (e) The arbitrator(s) will give effect to statutes of limitation in detenmining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terns of this Agreement. (f) This Section does not limit the right of any party to: (i) exercise self -help remedies, such as but not limited to, setoff, (ii) initiate judicial or non judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. -10- (g) The filing of a court action is not intended to constitute a waiver of the right of any party, including the suing parry, thereafter to require submittal of the Claim to arbitration. (h) By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in anyway to limit this agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Agreement. This Section 7.13 concerns the Ordinance of any controversies or claims between the Borrower and the Bank, whether arising in contract, tort or by statute, that arise out of or relate to this Agreement or the Note (collectively a "Claim "). The parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. This provision is a material inducement for the parties entering into this Agreement. IN WITNESS WHEREOF, the parties have executedthis Agreement to be effective between them as of the date of first set forth above. CITY OF SOUTH MIAMI, FLORIDA By: Name: Title: Mayor BANK OF AMERICA, N.A. By: _ Name: Title: -11- Attachment A to Loan Agreement. PROMISSORY NOTE KNOW ALL MEN BY THESE PRESENTS that the undersigned maker (the "Borrower "), apolitical subdivision created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of Bank of America, N.A. or registered assigns (hereinafter, the "Bank "), the principal sumof $1,000,000.00 or such lesser amount as shall be outstanding hereunder, together with interest on the principal balance outstanding at the rate per annum equal to the Applicable Rate (as hereinafter defined) based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note are payable in immediately available funds constituting lawful money of the United States of America at such place as the Bank may designate to the Borrower. The Applicable Rate is the sum of 1.76% plus the LIBOR Rate. The Borrower shall pay the Bank the entire unpaid principal balance, together with all accrued and unpaid interest hereon, in full on March _, 2009 (the "Maturity Date "). All payments by the Borrower 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. As used. in this Note, (1) The LIBOR Rate is a fluctuating rate of interest equal to the rate per annum equal to the British Bankers Association L113OR Rate (`BBA LIBOR "), as published by Reuters (or other commercially available source providing quotations of BBA LIBOR as selected by the Bank from time to time) as determined for each banking day at approximately 11:00 a.m. London time two (2) London Banking Days prior to the date in question, for U.S. Dollar deposits (for delivery on the first day of such interest period) with a one month term, as adjusted from time to time in the Bank's sole discretion for reserve requirements, deposit insurance assessment rates and other regulatory costs. If such rate is not available at such time for any reason, then the rate for that period will be determined by such alternate method as reasonably selected by the Bank. A "London Banking Day" is a day on which banks in London are open for business and dealing in offshore dollars. The principal of and interest on this Note may -be prepaid at the option of the Borrower in whole or in part at any time without prepayment premium or penalty. Upon the occurrence of an Event of Default (as defined in the Loan Agreement) then the Bank may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the Borrower shall also be obligated to pay as part of the indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without limitation, claims, disputes and proceedings seeking adequate protection or relief from the automatic stay. If any payment hereunder is not made within fifteen (15) days after it is due, then the Borrower shall also be obligated to pay as a part of the indebtedness evidenced by this Note a late payment fee in the amount of 4% of delinquent payment, which late payment shall be due and payable immediately. Interest at the maximum lawful rate per annum shall be payable on the entire principal balance owing hereunder from and after the occurrence of and during the continuation of a default described in the preceding paragraph, irrespective of a declaration of maturity. The Borrower to the extent permitted by law hereby waives presentment, demand, protest and notice of dishonor. This Note is issued in conjunction with a Loan Agreement, dated of even date herewith between the Borrower and the Bank (the "Loan Agreement ") and is subject to all the terms and conditions of the Loan Agreement. All terms, conditions and provisions of the Ordinance and Loan Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Ordinance. 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 performed 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. IN WITNESS WHEREOF, the Borrower has caused this Note to be executed in its name as of the date hereinafter set forth. The date of this Promissory Note is March_, 2008. CITY OF SOUTH MIAMI, FLORIDA By: Name: Title: Mayor 2 ATTACHMENT B to LOAN AGREEMENT between BANK OF AMERICA, N.A. and CITY OF SOUTH MIAMI, FLORIDA 1.Name of Borrower: City of South Miami, Florida 2. Type of Political Subdivision: [XXX] Municipality 3.Notice Address of Borrower: 4. Loan Amount:$ 1,000,000.00 5. Closing Date: March _, 2008 .j: RESOLUTION NUMBER: 190 -07 -12575 A RESOLUTION OF THE MAYOR AND CI'T'Y 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 CONS'T'RUCTION OF A PUBLIC PAREING GARAGE LOCATED AT S.W. 73p-" STREET FOR REFINANCING THE PROPERTY WHICH CONSTITUTES MARIA RICHMAN PROPERTIES CONTRIBUTION TO THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October I I'h, 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 COMMISSION 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 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this,2% day of �e� 2007. ATTEST: CITY CLERK APPROVED: o �, MAYOR Commission Vote: 5-0 Mayor Feliu: Yea Vice -Mayor Wiscombe: Yea Commissioner Birts: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in.the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 3/4/2008 in the XXXX Court, was published in said newspaper in the issues of 02/22/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing th' dvert ise publication in the said newspaper Sworn to and subscribed before me this , A.D. (SEAL) ,r�.e1Y •R ✓, &:', MARIA I. MESA MY COMMISSION # DD 750170 O.V. FERBEYRE personally a EXPIFIES: March 4, 2012 Se.Fa o Bonded Toni Notary Public Underwrlters MMM i. CITY,. OF, SOUTH'- MIAM1P NOTICE - •OV PUBLIC t HEARING - NOTICE IS HEREBY given that the City.COmrnission of the City of South Miami, Florida will - conduct " Public ? •Hearings 'at its regulaF,City Commission meeting scheduled for "Tuesday, March 4,•2008 beginning at 7'•30 ).m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following item: AN ORDINANCE OF THE7MAYOR'AND'CITY.COMMISSION' OF THE CITY OF SOUTH MIAMI,' FLORIDA; RELATING TO. FINANCE; AUTHORIZING A TERM LOAN; APPROVING THE FORM 1 OF 'AND AUTHORIZING- THE=EXECUTION = OF`A`'- , PROMISSORY' NOTE AND D-A LOAN 1 AGREEMENT WITH BANKOF AMERICA, N.A.; PROVIDING FOR SEVERABILITY; = '. ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE:' If you have any iriquiries'on the above items_ please contact-the Finance `Department's office at: 305- 663 - 6343' ^ _ - 'ALL interested parties are` invited to attend and will be heard.- ". Maria M. Menendez, CMC tr.. Cm, Clerk i Pursuant to Florida °Statutes 266.0105; -the City hereby advises the public that if a person decides to appeal any decision made by-this Board, Agency or Commission with respect M any matter considered at its meeting or hearing, he 'or she will need i record of the proceedings, and that for such purpose, affected person may need to eI sure'that a verbatim record of the proceedings'is made which record includes the !testimony and evideiice�upon which the appeal is to be based''' _ • 12/22 ` "' 08- 3-64/970243N O 16 I '' ' C) N 00 _- !V - ABOUT THIS FEATURE W Jt, - --_ o For the Record spotlights adult individual and league k,1 accomplishments.' •Directors and coaches of each league can send informa_ tion for Sports Scene. Photos are accepted, but everyone — pictured must be identified with a first and last name and the -name of the team or park they represent. Pictures can bee-mailedtoJos'eCassolaaticassola@MiamiHerald.com. s •. The section is free and open to anyone. Fax adult sports E results to Javier- Saidarriaga at 305 -671 -4350. W LSabrina Torres 351, Kelsey Hudek Squad S Bo ,549. 225, °1 349 Y Danny', Wernsing 221, Carlos Fer- z Game, Squad A Boys: Greg Smith "nandez 191, David Garcia 189, Alex 248, Patrick O'Donnell 248, Andrew Rodriguez 189, Jose Becerra 182; OE koff 237, Jared Kaufman 225, Daniel Squad B.Girls: Betty Jo Martelli 244, -a Gaius 203, Brandon Fraum 199; - Andrea Rizzo 182; Sabrina Torres 151, j Squad A Girls: Alyssa Harper 193; Kelsey Hudek'178. a1 _ E�r - • - . Miami -Dade: 305 -350- 2222. . ;' ' 't Broward: 954 -524- 2535 heiamiera��l® ^ - _ . t = - � - `.liCiamftlt�atdcom/dasslfied; .- JCOURTESY NOTICE: _ _ CITY OFSOUTH MIAMI,fLORIDM On Tuesday, March �4, 2008, beginning at 7:30 P.m -in the City Commissi6n - Chambers,. 6130 Sunset Drive, the .CitytGmission will hold Publi6Hearing(s) to considerane following Al -AN ORDINANCE RELATING .TO FINANCE;-'AUTHORIZING A= TERM ,.-AN APPROVING THE` FORM' OF AND. ,AUTHORIZING. THE A EXECUTION OF A'PROMISSORY NOTE AND LOAN.AGREEMENf; ,WITH BANK,OFAMERICA, N.A. A RESOLUTION ELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b),OF THE LAND -DEVELOPMENT CODE FOR• .SPECIAL - USE APPROVAL TO LOCATE A GENERAL" RESTAURANT, AS PART. OF THE SOUTH . MIAMI • -MUNICIPAL PARKING FACILITY A "PRIVATE PUBLIC DEVELOPMENT; LOCATED - AT` 5829-' SW 73rd _ STREET. = WITHIN THE -,* "SR (HD -OV)" ;,SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) , ZONING DISTRICT ON= PROPERTY - ,LEGALLY . . DESCRIBED AS .L.OTS -35, 36, 37,; 48,.49,-50, , W::'A.LARKINS SUBDIVISION 'ACCORDING TO THE PLATTHEREOF'RECORDED IN 'PLAT. BOOK 3 AT ?AGE •1.98 OF THE PUBLIC =TiECORDS'OF.MIAMI DADE COUNTY., If you have any inquiries: on tiie above fterils Clerk's office at: please contact the Cit}i .' - 305- 663 - 6340. ALL interested parties are invited to•attend and will be heard: - Maria M. Menendez; C_MC ' r _ 'City•Cle_ik - Puisuant to Florida statutes 2iI6.0i0s; the Ciry'hereby advises_the public.thatif 'a person;decides to appeal, any decision made by this Board,Agency er Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may, need to ensure that a verbatim record of the proceedings Is made which record includes the testimony and evidence upon which the appeal is to be based.