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<br />CITY CLERK CERTIFICATE <br /> <br />The undersigned duly appointed, qualified and acting City Clerk of the CITY OF SUNNY <br />ISLES BEACH, FLORIDA (the "City") does hereby certify in connection with the City's <br />$20,000,000 Promissory Note dated June 8, 2009 (the "Note") in favor of Bank of America, N.A. (the <br />"Bank") and the execution and delivery of the Loan Agreement relating to the Notes between the <br />Bank and the City (the "Loan Agreement") that attached hereto are true and correct copies of the <br />following instruments and the same are in full force and effect on the date hereof and have not been <br />amended, supplemented, modified or repealed: <br /> <br />(a) Charter of the City; and <br /> <br />(b) Ordinance No. 2009-323 enacted by the City Commission of the City on <br />June 5, 2009 authorizing the execution of the Loan Agreement and the <br />execution and delivery of the Note. <br /> <br />Except as set forth above, there are no ordinances or other resolutions relating to the Notes. <br /> <br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City as <br />ofthe 8th day of June, 2009. <br /> <br />[SEAL] <br /> <br />By: ~~.~ <br /> <br />Jane A. Hines, CMC, City Clerk <br />