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<br />RESOLUTION NO. 2010 - J 538 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA AUTHORIZING <br />THE ISSUANCE OF $15,000,000 CAPITAL IMPROVEMENT <br />REVENUE BONDS OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA FOR THE PURPOSE OF FINANCING A PORTION <br />OF THE COSTS OF DEVELOPMENT OF CITY PROPERTY <br />FOR CITY PARKS; ACCEPTING THE COMMITMENT OF <br />SUNTRUST BANK (THE "BANK") TO PROVIDE THE <br />FINANCING; APPROVING AND AUTHORIZING THE <br />EXECUTION AND DELIVERY OF A LOAN AGREEMENT <br />WITH THE BANK; AWARDING THE SALE OF THE BONDS <br />TO THE BANK; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR REPEALER; PROVIDING AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, on March 18,2010, the City Commission (the "Commission") of the City of <br />Sunny Isles Beach, Florida (the "City") adopted Ordinance No. 2010-_ (the "Ordinance") <br />authorizing the issuance of not exceeding $15,000,000 for the purpose of financing a portion ofthe <br />costs of development of City property for City parks to be located on Collins Avenue and Sunny Isles <br />Boulevard, financing architectural, engineering, environmental, legal and other planning costs related <br />thereto, and paying costs of issuance of the Bonds (the "Project"); and <br /> <br />WHEREAS, pursuant to the City Code, the City has solicited proposals for the financing of <br />the Project; and <br /> <br />WHEREAS, the Commission hereby determines it to be in the best interests of the City to <br />proceed with a negotiated sale of the Bonds in accordance with the provisions of Section 218.385, <br />Florida Statutes, and therefore to accept a commitment (the "Commitment") from SunTrust Bank <br />(the "Bank"), which is attached as an Exhibit "A" to this Resolution, to purchase the Bonds in <br />accordance with the additional findings set forth herein; and <br /> <br />WHEREAS, the Commission desires to set forth the details of the Bonds and the other <br />provisions of the financing in a Loan Agreement with the Bank, which shall be in substantially the <br />form attached as Exhibit "B" to this Resolution (the "Loan Agreement"); <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing recitals are hereby ratified and <br />confirmed as being true and correct and are hereby made a specific part of this Resolution upon <br />adoption hereof. <br /> <br />Section 2. Authorization of Bonds. In accordance with the provisions ofthe Ordinance, <br />the Charter of the City, and Chapter 166, Florida Statutes, there is hereby authorized to be issued <br />Capital Improvement Revenue Bonds (the "Bonds") of the City, in an aggregate principal amount of <br /> <br />{MI884109_2} <br />