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HomeMy WebLinkAboutR-80-0602RESOLUTION NO. 8 0- 6 U 2 i A RESOLUTION PROVIDING THAT,,,/TO THE EXTENT THAT THE CITY OF MIAMI DOES NOT RECEIVE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPME11T, UNDER THE TERMS ANT) CONDITIONS OF A PRELIMINARY UDAG AGREEMENT TO GRANT $4,994.000 FOR THE PURPOSE OF FINANCING A PORTION OF THE CONSTRUCTION COST OF THE CITY PARKING GARAGE, THE CITY OF MIAMI SHALL FUND FROM MONIES LAWFULLY AVAILABLE THEREFOR, ALL OR PART OF SUCH COSTS FOR 14HICH THE UDAG PROCEEDS WERE INTENDED, TOGETHER WITH THE ESTIMATED INVESTMENT EARNINGS THAT SUCH LAWFULLY AVAILABLE MONIES WOULD HAVE EARNED DURING ITS TIME ON DEPOSIT IN THE CONSTRUCTIOP FUND. WHEREAS. the City of Miami has renresented in its Official Statement relating to its 560,000,000 Convention Center and Parking Garage Revenue Bonds that a portion of the cost of the parking garage (as defined in said Official Statement) will be paid from the proceeds of the Department of Housing and I1rban Development UDAG Grant and the expected investment earnings thereon; and WHEREAS, all the requirements contingent to the receipt by the City of Miami of said UDAG Grant proceeds will not have been complied with by the time of the closing of said Convention Center and Parking Garage Revenue Bonds; and WHEREAS, it is necessary to provide that sufficient monies are available to pay the cost of the parking garage in the event such UDAG Grant proceeds are not available; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. To the extent that the City of Miami does not receive funds from the United States Department of Housing and Urban Development pursuant to a preliminary ITDAC agreement to grant $4,994.000 to fund construction cost of the City parking garage; "DOCUMENT INDEX ITFFJ1 Nn y0 CITY COMMISSION "SU PPORTIV MEETING OF DOCUMENTS 1112 4 198':l FO L LOW„ 11MUM N..g.......o ...........�............... the City of Miami shall fund from monies lawfully available therefor, all or part of such costs for which the UDAG Proceeds were intended, together with the estimated investment earnings that such lawfully available monies would have earned during its time on deposit in the construction fund. PASSED AND ADOPTED this 24 day of July , 1980. ATTEST: C—RATLPG. ONGIE ITYITY CLERK PREPARED AND APPROVED BY: 4 AVERC AS ISTANT CITY ATTOR14EY APPROVED AS TO -TOW AND CORRECTNESS: CITY TORNEY � MAURICE A. FERRE C.A. FRRE, MA Y OR -2- "SUPPORTIVE DOCUMENTS FOLLOW" 80-602 Joseph R. Grassie City Manager Vincent E. Grimm, Jr. Assistant City Manager ,:r*v 0F_ MIA -Ai, &'LONIDA7, IN (!"il•O1"FICE "IEMON.ANDUM July 17, 1980 E Convention Center Closing . I. A While Terry Percy and I were in New York going over the documents necessary for closing which number in excess of 250, a problem cropped up regarding the provisions of the UDAG grant. On page 5 of the official statement, it is stated that the bonds are not secured by the proceeds of the UDAG grant and the City may receive a letter of credit secured by the proceeds of the UDAG grant upon compliance of certain conditions contained within the agreement with HUD. Because these conditions cannot be met by the time • of closing on August 5, 1980, the underwriter's attorneys are nervous. They are requesting that the City adopt a resolution which will pledge that in the event that the City does not receive the UDAG grant, the moneys they would have received and the interest earned thereon Would be provided by the City. The City has a contract with HUD for a grant in the amount of $4,994,000. There is no indication at all that the City will not receive these moneys. The City has stated in the official statement that these funds will be available and it is for this purpose that the underwriter's attorneys feel that this resolution is necessary. 80-602 41 ,.ITV JC MIAMI, ' LU«IDA i i 1h4 r-Tt-oFFICE "EMORANDU`I Joseph R. Grassie July 17, 1980 City Manager Convention Center Closing Vincent E. Grimm, Jr. Assistant City Manager While Terry Percy and I were in New York going over the documents necessary for closing which number in excess of 250, a problem cropped up regarding the•provisions of the UDAG grant. On page 5 of the official statement, it is stated that the bonds are not secured by the proceeds of the UDAG grant and the City may receive a letter of credit secured by the proceeds of the UDAG grant upon compliance of certain conditions contained within the agreement with HUD. Because these conditions cannot be met by the time of closing on August 5, 1980, the underwriter's attorneys are nervous. They are requesting that the City adopt a resolution which will pledge that in the event that the City does not receive the UDAG grant, the moneys they would have received and the interest earned thereon vould be provided by the City. The City has a contract with HUD for a grant in the amount of $4,99.4,000. There is no indication at all that the City will not receive these moneys. The City has stated in the official statement that these funds will be available and it is for this purpose that the underwriter's attorneys feel that this resolution is necessary. 80-602