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Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-25-0014
819 NW 2nd Ave
3rd Floor
Miami, FL 33136
www.seopwcra.com
File Number: 17453
Final Action Date:4/10/2025
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), RESCINDING AND REPLACING
RESOLUTION NO. CRA-R-24-0067 ADOPTED ON OCTOBER 24, 2024, IN ITS
ENTIRETY, AND ADOPTING A NEW RESOLUTION PROVIDING FOR THE
ISSUANCE OF TAX INCREMENT REVENUE BONDS, SERIES 2025 ("SERIES
2025 BONDS"), IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-
FIVE MILLION DOLLARS AND ZERO CENTS ($175,000,000.00) TO BE ISSUED
IN ONE OR MORE SERIES, FOR THE PURPOSE OF FINANCING CERTAIN
GRANTS TO BE USED FOR THE CONSTRUCTION OR REHABILITATION OF
AFFORDABLE HOUSING, FINANCING THE CONSTRUCTION OF OTHER
CAPITAL IMPROVEMENTS IN THE REDEVELOPMENT AREA, AND
REFINANCING CERTAIN OUTSTANDING OBLIGATIONS; DELEGATING THE
AWARD OF THE SALE OF THE SERIES 2025 BONDS TO THE EXECUTIVE
DIRECTOR; PROVIDING FOR SECURITY FOR THE HOLDERS OF SUCH
SERIES 2025 BONDS; APPROVING THE FORM OF A PRELIMINARY OFFICIAL
STATEMENT AND DELEGATING TO THE EXECUTIVE DIRECTOR THE
AUTHORITY TO DEEM FINAL FOR CERTAIN PURPOSES AND APPROVE THE
USE OF AND DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT
AND FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2025
BONDS; APPOINTING A REGISTRAR, PAYING AGENT AND FISCAL AGENT;
APPOINTING AN ESCROW AGENT; APPOINTING A VERIFICATION AGENT;
PROVIDING CERTAIN OTHER COVENANTS AND AGREEMENTS IN
CONNECTION WITH THE ISSUANCE THEREOF; PROVIDING CERTAIN } -
OTHER DETAILS WITH RESPECT THERETO; PROVIDING FOR -n
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
fV
WHEREAS, pursuant to Part III, Chapter 163, Florida Statutes (the "RedevelopmeW)
Act"), there was created by actions of Miami -Dade County, Florida (the "County") and the City of
Miami, Florida (the "City") the Southeast Overtown/Park West Community Redevelopment
Agency (the "SEOPW CRA") within the limits of the City; and
WHEREAS, the SEOPW CRA previously adopted Resolution No. CRA-R-24-0067 on
October 24, 2024, authorizing the issuance of its Tax Increment Revenue Bonds, Series 2024 in
the original aggregate principal amount not to exceed $150,000,000; and
WHEREAS, the SEOPW CRA desires to rescind Resolution No. CRA-R-24-0067, in its
entirety, and adopt this Resolution to provide for an increase in the amount of bonds and
additional project; and
WHEREAS, the Board of County Commissioners of the County (the "County
Commission") and the City Commission of the City (the "City Commission") have held all public
hearings and have accomplished all actions required to be taken under the Redevelopment Act
in order to (i) designate the site of the Projects as a slum or blighted area under the
City of Miami
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Redevelopment Act (ii) adopt the community redevelopment plan for the site of the Projects,
and (iii) create the hereinafter described Redevelopment Trust Fund; and
WHEREAS, the City and the County entered into an Interlocal Cooperation Agreement
dated March 31, 1983, as amended, including, without limitation, by Amendments to Interlocal
Cooperation Agreement dated November 15, 1990, as further amended by Amendment to 1983
Interlocal Cooperation Agreement dated January 22, 2010 between the City, the County and the
SEOPW CRA (collectively, the "Interlocal Agreement"), which provided for the exercise of
redevelopment powers by the City in the redevelopment area of the SEOPW CRA (the
"Redevelopment Area"), the implementation of the community redevelopment plan for the
Redevelopment Area (as modified from time to time, the "Redevelopment Plan"), the delegation
by the County to the City of certain powers, and the use of tax increment financing to pay the
costs of the implementation of the Redevelopment Plan; and
WHEREAS, pursuant to the Interlocal Agreement there was established in accordance
with Ordinance No. 82-115 enacted by the County Commission on December 21, 1982
("Ordinance No. 82-115"), Ordinance No. 9590 enacted by the City Commission on April 6,
1983 and Ordinance No. 10018 enacted by the City Commission on July 18, 1985, the
Southeast Overtown/Park West Community Redevelopment Trust Fund (the "Redevelopment
Trust Fund"); and
WHEREAS, pursuant to Section 4 of Ordinance No. 82-115, beginning with the twentieth
year after the date of sale of the initial bonding or indebtedness and in every year thereafter, the
County's annual appropriation of tax increment revenues to the Redevelopment Trust Fund
shall not exceed the amount which is deposited in the nineteenth year; and
WHEREAS, pursuant to an Interlocal Agreement dated August 6, 2007 among the
Children's Trust District, the SEOPW CRA, the OMNI CRA (as defined herein) and the City (the
"Children's Trust Fund Interlocal Agreement"), the SEOPW CRA agreed that the Children's Tax
Increment Revenues (as defined herein) would be used for debt service on, and other
obligations relating to, existing debts of the SEOPW CRA only after all other available Tax
Increment Revenues have been exhausted for such purpose; and
WHEREAS, because the Series 2025 Bonds issued hereunder will be issued after the
date of the Children's Trust Fund Interlocal Agreement, the Children's Tax Increment Revenues
shall be excluded from the Pledged Tax Increment Revenues described herein; and
WHEREAS, pursuant to Section 5.e of the Interlocal Agreement dated December 31,
2007 among the SEOPW CRA, the City, the County and the OMNI CRA, as amended (the --?
"2007 Interlocal Agreement"), for fiscal year 2017 through 2030, the SEOPW CRA may -not ,- t
budget in excess of 50% of the tax increment revenues collected from certain projects descried
in the 2007 Interlocal Agreement and must return 45% of tax increment revenues collected from
such projects to the taxing authorities which paid such revenues into the Redevelopment Trust
Fund, however the City has agreed to return its portion back to the SEOPW CRA for the
development of affordable housing by the SEOPW CRA (the "2007 Interlocal Agreement TIF
Revenues"); and
WHEREAS, the 2007 Interlocal Agreement TIF Revenues shall be excluded from the
Pledged Tax Increment Revenues described herein; and WHEREAS, pursuant to the Gran
Central Loan Agreement dated January 20, 1998 between the City and Gran Central
Corporation (the "Gran Central Loan Agreement"), the City has agreed to utilize Tax Increment
Revenues generated from the Designated Area (as herein defined) (the "Gran Central
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Designated Area TIF Revenues") for certain obligations described therein and that do not
include debt service on the Series 2025 Bonds (hereinafter defined); and
WHEREAS, the Gran Central Designated Area TIF Revenues shall be excluded from the
Pledged Tax Increment Revenues described herein; and
WHEREAS, pursuant to an Interlocal Cooperation Agreement dated March 1, 2000
among the City, the SEOPW CRA and the OMNI CRA (the "2000 Interlocal Agreement"), it was
agreed that the City, at the request of the SEOPW CRA, shall be the fiduciary for the SEOPW
CRA and the SEOPW CRA was designated as the exclusive party responsible for the planning,
development, program management, technical assistance, coordination, project administration,
monitoring and other services required for the completion of the projects within the
Redevelopment Area of the SEOPW CRA; and
WHEREAS, the SEOPW CRA has requested in accordance with the 2000 Interlocal
Agreement that the City serve as the fiduciary to the SEOPW CRA; and
WHEREAS, pursuant to the Interlocal Agreement between the SEOPW CRA, the City
and the South Florida Regional Transportation Agency dated November 8, 2016 (the "SFRTA
Interlocal Agreement"), the City is expected to issue City Debt secured by Tax Increment
Revenues generated in the Redevelopment Area (or such other security agreed to by the City
and the SEOPW CRA), upon the occurrence of certain conditions; and
WHEREAS, the City Debt may be paid from the proceeds of the Series 2025 Bonds; and
WHEREAS, the SEOPW CRA has agreed to utilize Tax Increment Revenues generated
from certain designated areas for certain obligations described herein and such Tax Increment
Revenues will not be available for debt service on the Series 2025 Bonds; and
WHEREAS, the SEOPW CRA desires to issue its Tax Increment Revenue Bonds,
Series 2025 (the "Series 2025 Bonds") to finance the construction of the 2025 Redevelopment
Projects which undertaking may be accomplished through grants to for -profit and/or not -for -
profit businesses, to refund all or a portion of the outstanding Series 2014 Bonds, to fund
reserves for the Series 2025 Bonds, to pay the City Obligation, if required, and to pay costs of
issuance of the Series 2025 Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCINti
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the Constitution of the State of Florida, the Redevelopment Act, the Interlocal
Agreement, the Master Resolution and other applicable provisions of law.
SECTION 2. DEFINITIONS. All capitalized undefined terms shall have the same
meaning as set forth in the Master Resolution. Capitalized terms in the "WHEREAS" clauses
shall have the meanings used therein, and unless the context otherwise requires, terms used
herein shall have the meanings specified below:
"Additional Bonds" means additional obligations issued in compliance with the terms,
conditions and limitations contained herein which will have an equal lien on the Pledged
Revenues with the Series 2025 Bonds and the Series 2014 Bonds, to the extent provided
herein.
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"SEOPW CRA" means the Southeast Overtown/Park West Community Redevelopment
Agency and any governmental entity as successor thereto that assumed the duties of the
SEOPW CRA hereunder.
"Bond Counsel" means Bryant Miller Olive P.A., Bond Counsel, or any other counsel
designated by the SEOPW CRA and experienced in matters relating to the validity of and
exclusion from federal income taxation of interest on, obligations of states and their political
subdivisions.
"Bond Purchase Agreement" means the Bond Purchase Agreement between the
SEOPW CRA and the Underwriter in connection with the sale of the Series 2025 Bonds and
dated the date of sale of the Series 2025 Bonds.
"Bond Year" means the annual period beginning on the second day of March of each
year and ending on the first day of March of the following year.
"Bonds" means (i) the unrefunded portion of the Series 2014 Bonds, (ii) the Series 2025
Bonds, and (iii) any Additional Bonds issued pursuant to Article X of Master Resolution.
"Bondholder," "Registered Owner," "Holder" and "Owner" mean the registered owner (or
its authorized representative) of a Bond.
"Business Day" means any day other than (i) a Saturday or Sunday, (ii) any day on
which the offices of the SEOPW CRA, Paying Agent, Bond Insurer or Registrar are closed, or
(iii) any day on which banking institutions are authorized or required by law, executive order or
governmental decree to be closed in the City of New York or the State.
"Chairwoman" means the Chairwoman of the SEOPW CRA, or in her absence or
unavailability or inability to perform, the Vice Chairman of the SEOPW CRA.
"Children's Trust Fund Interlocal Agreement" means the Interlocal Agreement dated
August 6, 2007 among the Children's Trust District, the SEOPW CRA, the OMNI CRA and the
City.
"Children's Tax Increment Revenues" means the portion of the Tax Increment Revenues
derived from the imposition of a half -mil tax levied by the Children's Trust District against real
property located within the Redevelopment Area.
"Children's Trust District" means The Children's Trust, Miami -Dade County, an
independent special taxing district created by Miami -Dade County pursuant to Section 1254a01,
Florida Statutes.
"City" means the City of Miami, Florida.
"City Debt" means the (i) City of Miami, Florida Special Obligation Non -Ad Valorem
Revenue Bonds to be issued by the City pursuant to the SFRTA Interlocal Agreement, or (ii) a
loan from the City to the SEOPW CRA for payment of the obligations under the SFRTA
Interlocal Agreement.
"City Obligation" means the debt service payable to the City secured by Tax Increment
Revenues (or such other security agreed to by the City and the SEOPW CRA) for the payment
of the City Debt.
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"City Commission" means the City Commission of the City of Miami.
"Code" means the Internal Revenue Code of 1986, as amended, and applicable
corresponding provisions of any future laws of the United States of America relating to federal
income taxation, and except as otherwise provided herein or required by the context thereof,
includes interpretations thereof contained or set forth in the applicable regulations of the
Department of Treasury (including applicable final regulations, temporary regulations and
proposed regulations), the applicable rulings of the Internal Revenue Service (including
published Revenue Rulings and private letter rulings), and applicable court rulings.
"County" means Miami -Dade County, Florida.
"County Commission" means the Board of County Commissioners of the County.
"Designated Portion of the Redevelopment Area" means the area generally bounded by
the Metrorail on the west, Northwest First Street on the south, Miami Avenue on the east, and
Northwest Fifth Street on the north, which was added to the Redevelopment Area by Resolution
No. R-63-86 adopted by the County on January 21, 1986.
"Downtown Retail TIF Obligation" means the obligation of the SEOPW CRA pursuant to
the Block 55 Development Agreement dated as of October 1, 2018, as amended, by and
between the SEOPW CRA and Downtown Retail Associates LLC (the "Downtown Developer"),
to make payments to the Downtown Developer equal to 70% of the tax incremental tax
revenues received by the SEOPW CRA with respect to the improvements on the property minus
certain deductions.
"DTC" means The Depository Trust Company, New York, New York, and its successors
and assigns.
"Escrow Agent" means Regions Bank, Jacksonville, Florida and its successors or
assigns.
"Escrow Deposit Agreement" means the escrow deposit agreement between the
SEOPW CRA and the Escrow Agent. ."9
"Executive Director" means the officer of the SEOPW CRA who is performing the duties .2
of the Executive Director of the SEOPW CRA. --
--s
li` `1
"Finance Officer" means the Finance Officer of the SEOPW CRA who is performing the
duties and functions of a finance officer for the SEOPW CRA.
"Financial Advisor" means PFM Financial Advisors, LLC, or any other financial advisor
designated by the SEOPW CRA and qualified to provide financial advisory services to
governmental entities.
"Gibson Park Obligation" means the obligation of the SEOPW CRA to pay to the City
amounts relating to the Gibson Park improvements.
"Gran Central Designated Area TIF Revenues" means the portion of the Tax Increment
Revenues generated from the Designated Portion of the Redevelopment Area and deposited
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into the Redevelopment Trust Fund and obligated by the City to be used to repay the obligation
of the City under the Gran Central Loan Agreement, if any.
"Gran Central Loan Agreement" means the Gran Central Loan Agreement dated
January 20, 1998 between the City and Gran Central Corporation, a Florida Corporation.
"Grand Central TIF Obligation" means the obligation of the SEOPW CRA pursuant to the
First Amended and Restated Covenant dated as of February 1, 2021 by and between the
SEOPW CRA and Grand Central Holdings, LLC (the "Grand Central Developer"), to make
payments to the Grand Central Developer equal to 65% of the tax incremental tax revenues
received by the SEOPW CRA with respect to the improvements on the property minus certain
deductions.
"Master Resolution" means Resolution No. CRA-R-12-0061 adopted on September 17,
2012, as amended and supplemented from time to time, authorizing the issuance of Bonds. 7
"Miami World Center TIF Obligation" means the obligation of the SEOPW CRA pursuant
to the Amended and Restated Miami WorldCenter Economic Incentive Agreement dated as of
February 21, 2017 among the SEOPW CRA, Miami First, LLC, Miami Third, LLC, Miami Fourth,
LLC, Miami A/I, LLC, Block G Phase I LLC, Block G Phase 2 LLC and Tower 2, LLC
(collectively, the "WorldCenter Developers"), to make payments to the WorldCenter Developers
equal to 57% of the tax incremental tax revenues received by the SEOPW CRA with respect to
the improvements on the property minus certain deductions.
"Modified Pledged Tax Increment Revenues" means the Pledged Tax Increment
Revenues received by the SEOPW CRA in the immediately preceding Fiscal Year, modified to
reflect the Pledged Tax Increment Revenues which the SEOPW CRA would have received -in
such Fiscal Year (a) if (i) the total assessed valuation of the taxable real property in the
Redevelopment Area used to determine the amount of Pledged Tax Increment Revenues to be
received by the SEOPW CRA in such Fiscal Year had been equal to the total assessed
valuation of the taxable real property in the Redevelopment Area determined in the most recent
Property Assessment Certification of the County Property Appraiser, or the total assessed
valuation of such taxable real property after the final determination of all property assessment
appeals to the property appraisal assessment board appointed under Florida law, whichever is
most recent; and (ii) the millage rates of the taxing authorities contributing to the
Redevelopment Trust Fund used to determine the amount of the Pledged Tax Increment
Revenues to be received by the SEOPW CRA in such Fiscal Year had such millage rates been
reduced or rolled -back, in accordance with applicable law then in effect, to reflect the increase in
the assessed valuation of the taxable real property in the Redevelopment Area set forth in
clause (i) above, or the actual millage rates adopted by such taxing authorities subsequent to
the most recent Property Assessment Certification referred to above, if then available; provided,
however, that such Pledged Tax Increment Revenues determined in accordance with clause (i)
and (ii) above shall be pro -rated for a partial year assessment, if applicable, and (b) with respect
to the amount of the Pledged Tax Increment Revenues received by the SEOPW CRA in each
Fiscal Year prior to Fiscal Year 2017, assuming that the provisions of 5.e of the 2007 Interlocal
Agreement were then in effect (Section 5.e of the 2007 Interlocal Agreement provides that for
Fiscal Years 2017 through 2030, the SEOPW CRA may not budget in excess of 50% of the tax
increment revenues collected from certain projects described in the 2007 Interlocal Agreement
and must return 45% of the tax increment revenues collected from such projects to the taxing
authorities which paid such revenues into the Redevelopment Trust Fund as provided therein,
however the City has agreed to return its portion back to the SEOPW CRA for the development
of affordable housing by the SEOPW CRA (the "2007 Interlocal Agreement TIF Revenues")),
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thereby resulting in a reduction in the amount of the Pledged Tax Increment Revenues received
by the SEOPW CRA in each such Fiscal Year in an amount equal to the assumed 2007
Interlocal Agreement TIF Revenues for such Fiscal Year.
"OMNI CRA" means the Community Redevelopment Agency for the Omni Community
Redevelopment District, as amended, created pursuant to Resolution No. 86-868 of the City and
Ordinance No. 87-47 of the County.
"Parity Obligations" means obligations of the SEOPW CRA, other than Bonds, and other
obligations issued or incurred as permitted hereunder and secured by a lien on the Pledged Tax
Increment Revenues on parity with the lien thereon securing the Bonds as provided herein.
"Paying Agent" means Regions Bank, Jacksonville, Florida and its successors and
assigns.
"Person" means an individual, a corporation, a partnership, an association, a joint stock
company, a trust, any unincorporated organization or governmental entity.
"Pledged Revenues" means Pledged Tax Increment Revenues and amounts held in the
funds and accounts established by this Resolution, except that (i) amounts held in the Rebate
Account shall be used solely for the purposes provided in this Resolution and (ii) amounts in the
subaccounts in the Reserve Account and Construction Fund shall secure only the Series of
Bonds for which it was established in accordance with the provisions hereof.
"Pledged Tax Increment Revenues" means Tax Increment Revenues, excluding for all
purposes the 2007 Interlocal Agreement TIF Revenues, the Gran Central Designated Area TIF
Revenues, the Children's Tax Increment Revenues, the Miami World Center TIF Obligation,
Downtown Retail Obligation, the Grand Central TIF Obligation, the City Obligation, the Gibson
Park Obligation, and those revenues specifically excluded in the Redevelopment Act, all as
more particularly set forth in Section 7.01 of the Master Resolution; provided, however, that the
tax increment revenues generated within any additional areas designated to be included within
the Redevelopment Area of the SEOPW CRA and designated by the County and City to be
slum or blighted areas within the meaning of the Redevelopment Act shall not constitute
Pledged Tax Increment Revenues hereunder and shall not be subject to the pledge and lien
created by this Resolution, unless (a) the Redevelopment Plan is amended to include such
additional areas, and tax increment revenues generated within such additional areas are
required under the Act to be deposited in the Redevelopment Trust Fund and (b) this Resolution
is supplemented to expressly pledge the Tax Increment Revenues generated within such
additional areas to the payment of the Bonds.
"Redevelopment Act" means the Community Redevelopment Act of 1969, Chapter 163,
Part III, Florida Statutes, as amended.
—7"Redevelopment Trust Fund" means the Southeast Overtown/Park West Community
Redevelopment Trust Fund authorized by the Interlocal Agreement and established by
Ordinance No. 82-115, enacted by the County Commissioners on December 21, 1982, -.3
Ordinance No. 9590, enacted by the City Commission on April 6, 1983 and Ordinance. No.
10018 enacted by the City Commission on July 18, 1985, into which Tax Increment Revenues
are deposited for repayment of debt service on the Bonds and authorized uses.
"Refunded Bonds" means all or a portion of the SEOPW CRA's outstanding Tax
Increment Revenue Bonds, Series 2014A.
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"Registrar" means Regions Bank, Jacksonville, Florida and its successors and assigns.
"Reserve Requirement" means, with respect to the Composite Reserve Subaccount, the
Composite Reserve Requirement and with respect to each Series of Bonds issued hereunder
that is not secured by the Composite Reserve Subaccount, the amount of money, if any, or
available amount of a Reserve Product, if any, or a combination thereof, required by
Supplemental Resolution adopted or otherwise designated by the SEOPW CRA prior to the
issuance of such Series of Bonds to be maintained in the subaccount in the Reserve Account
with respect to such Series of Bonds pursuant to Section 13 hereof.
"Series 2014 Bonds" means any unrefunded portion of the SEOPW CRA's Tax
Increment Revenue Bonds, Series 2014A.
"Series 2025 Bonds" means the SEOPW CRA's Tax Increment Revenue Bonds, Series
2025 authorized to be issued herein, in one or more series.
"State" means the State of Florida.
"Tax Increment Revenue Bond Fund" means the fund created pursuant to Section 7.02
of the Master Resolution.
"Tax Increment Revenues" means the moneys deposited into the Redevelopment Trust
Fund (including all amounts on deposit therein on the date of delivery of the Series 2025 Bonds)
as required by Section 163.387, Florida Statutes, annually by taxing authorities levying ad
valorem taxes in the Redevelopment Area.
"2000 Interlocal Agreement" means the Interlocal Cooperation Agreement dated March
1, 2000 among the City, the SEOPW CRA and the OMNI CRA.
"2007 Interlocal Agreement" means the Interlocal Agreement dated December 31, 2007,
among the City, the County and the OMNI CRA.
"2007 Interlocal Agreement TIF Revenues" shall have the meaning given in the
WHEREAS clauses herein.
"2025 Redevelopment Projects" means the Projects within the Redevelopment Area'
more particularly described on Exhibit "A" attached, in each case to be financed in whole or. in
part with proceeds of the Series 2025 Bonds.
"Underwriter" means Siebert Williams Shank & Co., LLC.
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that:
The findings, declaration and determinations made by the City Commission and the
County Commission defining the Redevelopment Area and approving the Redevelopment Plan
are hereby adopted as findings, declarations and determinations of the SEOPW CRA and are
incorporated herein by reference.
(a) The Pledged Tax Increment Revenues are not currently pledged or encumbered in
any manner, except to the payment of the Series 2014 Bonds and the Refunded Bonds.
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(b) The existence of the slum and blighted areas in the Redevelopment Area and the
shortage of affordable housing therein directly adversely affect the health, safety and welfare of
the citizens and taxpayers therein and in the County.
(c) The deterioration and blight in the Redevelopment Area and the shortage of
affordable housing are such that they cannot be remedied without intervention by the SEOPW
CRA to provide economic incentives to encourage redevelopment.
(d) It is necessary to provide economic incentives to not -for -profit businesses and/or to
private for -profit businesses through grants of land and/ or money, which at the discretion of the
SEOPW CRA or its agent, may or may not be forgiven, to be applied to the 2025
Redevelopment Projects, in order to encourage the development of affordable housing and
economic development in the Redevelopment Area through the construction of the 2025
Redevelopment Projects.
(e) The 2025 Redevelopment Projects will provide a substantial benefit to the citizens in
the Redevelopment Area and the County and will serve a paramount public purpose with only
incidental benefits accruing to the private developers receiving the grants of money to be
applied to the 2025 Redevelopment Projects and to the affordable housing project to be
included as part of the 2025 Redevelopment Projects.
(f) The rehabilitation and redevelopment of the Redevelopment Area is necessary and in
the interest of the public health, safety, morals and welfare of the citizens within the
Redevelopment Area and the County and in order to carry out such rehabilitation and
redevelopment it is necessary and appropriate for the SEOPW CRA to finance the 2025
Redevelopment Projects.
(g) It is necessary and in the best interests of the SEOPW CRA to undertake or cause to
be undertaken, the 2025 Redevelopment Projects and to issue the Series 2025 Bonds to
finance the 2025 Redevelopment Projects, directly or through the issuance of grants to forprofit
or not -for- profit businesses, to fund reserves for the Series 2025 Bonds, to refund the Refunded
Bonds, to pay the City Obligation, if required, and to pay or reimburse the SEOPW CRA for
Costs of the 2025 Redevelopment Projects.
(h) The SEOPW CRA is authorized under the Redevelopment Act to issue the Series
2025 Bonds to finance the undertaking of the 2025 Redevelopment Projects, to fund reserves:
for the Series 2025 Bonds, refund the Refunded Bonds, to pay the City Obligation, if regpired
and to pay or reimburse the SEOPW CRA for Costs of the 2025 Redevelopment Projes.
(i) The 2025 Redevelopment Projects are undertakings of community redeveloprherti-as
described in the Redevelopment Act.
(j) The Series 2025 Bonds authorized and issued hereunder and under the Master
Resolution shall be issued consistent with "community redevelopment" projects as defined in the
Redevelopment Act.
(k) The estimated Pledged Revenues will be sufficient to pay the principal of and interest
on the Series 2025 Bonds, as the same become due, and all other payments provided for in this
Resolution.
(I) The principal of and interest on the Bonds to be issued pursuant to this Resolution
and all other payments provided for in this Resolution will be secured solely by a pledge of, and
will be payable from the Pledged Revenues, which the SEOPW CRA has full power and
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File ID: 17453 Enactment Number: CRA-R-25-0014
authority to pledge in the manner provided herein; and shall not be deemed to constitute a
general or moral indebtedness or a pledge of the faith and credit of the SEOPW CRA, the
County, the City, the State or any other political subdivision thereof within the meaning of any
constitutional, legislative or charter provision or limitation. The SEOPW CRA has no taxing
power.
(m) The SEOPW CRA has provided notice of its intent to authorize the issuance of the
Series 2025 Bonds in accordance with Section 163.346, Florida Statutes.
SECTION 4. THIS RESOLUTION TO CONSTITUTE A CONTRACT. In consideration of
the acceptance of the Series 2025 Bonds authorized to be issued hereunder by those who shall
hold the same from time to time, this Resolution and the Master Resolution shall be deemed to
be and shall constitute a contract between the SEOPW CRA and such Holders. The covenants
and agreements herein set forth and in the Master Resolution to be performed by the SEOPW
CRA shall be for the equal benefit, protection and security of the legal Holders of any and all of
the Series 2025 Bonds, all of which shall be of equal rank and without preference, priority or
distinction of any of the Series 2025 Bonds over any other thereof, except as expressly provided
therein and herein.
SECTION 5. AUTHORIZATION OF 2025 REDEVELOPMENT PROJECTS; AND
ISSUANCE OF SERIES 2025 BONDS. The 2025 Redevelopment Projects and the payment of
the Costs thereof from proceeds of the Series 2025 Bonds is hereby authorized. The 2025
Redevelopment Projects are "community redevelopment" projects and "undertakings" as
defined in the Redevelopment Act.
Subject and pursuant to the provisions hereof, the Series 2025 Bonds to be known as
the "Southeast Overtown/Park West Community Redevelopment Agency Tax Increment
Revenue Bonds, Series 2025" (or if such Series 2025 Bonds are issued in more than one
series, or in a different calendar year, such other name and/ or series designation as the
Chairwoman shall direct) are hereby authorized to be issued as tax-exempt or taxable in one or
more series in the original aggregate principal amount of not to exceed $175,000,000 orsuch,
lesser amount as may be approved by the Chairwoman for the purpose of financing all or a
portion of the Costs of the 2025 Redevelopment Projects, funding any reserves, refunding the
Refunded Bonds, paying the City Obligation, if required, and paying the costs of issuance ark
expenses associated therewith.
Notwithstanding anything herein to the contrary, based upon advice of the Financial °rye
Advisor to the SEOPW CRA that it is in the best financial interest of the SEOPW CRA, and the r-=�
advice of Bond Counsel, the SEOPW CRA may elect to issue any of the Series 2025 Sends
and/ or may combine such Bonds into one or more Series and may modify the name or N
designation of each series of such Bonds accordingly.
The Series 2025 Bonds shall be dated as of the date of delivery of such Series 2025
Bonds to the Underwriter; shall be issued as fully registered Series 2025 Bonds; shall be in such
denominations and shall bear interest at a rate or rates not exceeding the maximum rate
permitted by law, shall consist of such amounts of Serial Bonds and/or Term Bonds; maturing in
such amounts and in such years not exceeding the maximum length permitted under the
Redevelopment Act. The Series 2025 Bonds shall be numbered consecutively from one upward
preceded by the letter "R" prefixed to the number. The Series 2025 Bonds shall not be issued as
Variable Rate Bonds.
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The 2025 Redevelopment Projects are not the types of projects described in Section
163.370(3), Florida Statutes.
SECTION 6. AUTHORIZATION OF REFUNDING. There is hereby authorized the
refunding of the Refunded Bonds, subject to Section 21 hereof.
SECTION 7. PROVISIONS FOR REDEMPTION. The Series 2025 Bonds shall be
subject to redemption prior to their maturity, at the option of the SEOPW CRA, at such times
and in such manner as shall be fixed by Section 14.
SECTION 8. BOOK ENTRY SYSTEM. Notwithstanding any provision of this Resolution
to the contrary, a book -entry system of registration is hereby authorized for the Series 2025
Bonds. So long as the SEOPW CRA shall maintain a book -entry only system with respect to the
Series 2025 Bonds, the following provisions shall apply: Upon initial issuance, the ownership of
each such Series 2025 Bond shall be registered in the registration books kept by the Registrar
in the name of Cede, as nominee of DTC. A 13 blanket issuer letter of representations (the
"BLoR") was entered into by the SEOPW CRA with The Depository Trust Company ("DTC"). It is
intended that the Series 2025 Bonds be registered so as to participate in a global book -entry
system with DTC as set forth herein and in such BLoR. The terms and conditions of such BLoR
shall govern the registration of the Series 2025 Bonds. The Series 2025 Bonds shall be initially
issued in the form of a single fully registered Bond for each maturity of such Series. Upon initial
issuance, the ownership of such Series 2025 Bonds shall be registered by the Registrar in the
name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by
an authorized representative of DTC. So long as any Series 2025 Bond is registered in the
name of DTC (or its nominee), the SEOPW CRA, the Registrar and the Paying Agent may treat
DTC (or its nominee) as the sole and exclusive holder of such Series 2025 Bonds registered in
its name, and all payments with respect to the principal or redemption price of, if any, and
interest on such Series 2025 Bond ("Payments") and all notices with respect to such Series
2025 Bond ("Notices") shall be made or given, as the case may be, to DTC. Transfers of
Payments and delivery of Notices to DTC Participants shall be the responsibility of DTC and not
of the SEOPW CRA, subject to any statutory and regulatory requirements as may be in effect
from time to time. Transfers of Payments and delivery of Notices to beneficial owners of the
Series 2025 Bonds by DTC Participants shall be the responsibility of such participants, indirect
participants and other nominees of such beneficial owners and not of the SEOPW CRA, subiact
to any statutory and regulatory requirements as may be in effect from time to time.
Upon (a) receipt by the SEOPW CRA of written notice from DTC (i) to the effect that a
continuation of the requirement that all of the Outstanding Series 2025 Bonds be registered in
the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is
not in the best interest of the beneficial owners of the Series 2025 Bonds or (ii) to the effect that
DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to
undertake the functions of DTC hereunder can be found which is willing and able to undertake
such functions upon reasonable and customary terms, (b) termination, for any reason, of the
agreement among the SEOPW CRA, the Registrar and Paying Agent and DTC evidenced by
the BLoR, or (c) determination by the SEOPW CRA that such book -entry only system should be
discontinued by the SEOPW CRA, and compliance with the requirements of any agreement
between the SEOPW CRA and DTC with respect thereto, the Series 2025 Bonds shall no
longer be restricted to being registered in the registration books kept by the Registrar in the
name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names
Holders shall designate, in accordance with the provisions hereof. In such event, the SEOPW
CRA shall issue and the Registrar shall authenticate, transfer and exchange Series 2025 Bonds
consistent with the terms hereof, in denominations of $5,000 or any integral multiple thereof to
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the Holders thereof. The foregoing notwithstanding, until such time as participation in the book -
entry only system is discontinued, the provisions set forth in the BLoR shall apply to the
registration and transfer of the Series 2025 Bonds and to Payments and Notices with respect
thereto.
SECTION 9. APPLICATION OF PROVISIONS OF THE MASTER RESOLUTION. The
Series 2025 Bonds, herein authorized, shall for all purposes (except as herein expressly
provided) be considered to be issued under the authority of the Master Resolution, and shall be
entitled to all the protection and security provided therein for the Bonds issued thereunder.
The principal of and interest on the Series 2025 Bonds herein authorized shall be
payable from the Debt Service Fund established in the Master Resolution on a parity with any
other Bonds, and payments shall be made into such Debt Service Fund by the SEOPW CRA in
amounts fully sufficient to pay the principal of and interest on the Series 2025 Bonds herein
authorized as such principal and interest become due.
SECTION 10. APPLICATION OF SERIES 2025 BOND PROCEEDS. The proceeds,
including accrued interest and premium, if any, received from the sale of any or all of the Series
2025 Bonds shall be applied by the SEOPW CRA simultaneously with the delivery of such
Series 2025 Bonds to the purchaser thereof, as follows:
A. The capitalized interest, if any, shall be deposited into the Debt Service Fund and
shall be used only for the purpose of paying interest becoming due on the Series 2025 Bonds.
B. The initial Reserve Requirement for such Series 2025 Bonds, as determined pursuant
to Section 13.B., shall be deposited in the subaccount in the Reserve Account created pursuant
to the Master Resolution for the benefit of the Series 2025 Bonds, and shall be used oiily fp the
purposes provided therefor.
C. A sum as specified in the Escrow Deposit Agreement shall be deposited to the
escrow account pursuant to the Escrow Deposit Agreement, if required. l 0
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D. A sum specified in a certificate of the Executive Director of the SEOPW CRA shall) be <
paid to the City for satisfaction of the City Obligation, if the City Obligation has been issuedind
is outstanding prior to the delivery of the Series 2025 Bonds. ..
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E. Pursuant to Section 7.03 of the Master Resolution, there is hereby establishjd a
separate account in the Construction Fund (the "Series 2025 Bonds Account") for the 2025
Redevelopment Projects to be financed by the Series 2025 Bonds. A sum specified in a
certificate of the Executive Director of the SEOPW CRA shall be deposited into the Series 2025
Bonds Account of the Construction Fund.
F. To the extent not paid by the original purchasers of the Series 2025 Bonds, the
SEOPW CRA shall pay all costs and expenses in connection with the issuance, sale and
delivery of the Series 2025 Bonds.
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SECTION 11. BONDS NOT TO BE INDEBTEDNESS OF THE SEOPW CRA. The
Series 2025 Bonds shall not be or constitute general or moral obligations or indebtedness or a
15 pledge of the faith and credit of the SEOPW CRA, the City, the County, the State or any
other political subdivision thereof within the meaning of any constitutional, legislative or charter
provision or limitation, but shall be limited obligations of the SEOPW CRA, payable solely from
and secured by a lien upon and a pledge of the Pledged Revenues, in the manner and to the
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extent herein provided. No Bondholder shall ever have the right directly or indirectly, to compel
the exercise of the ad valorem taxing power of the City, the County, the State or any political
subdivision thereof or taxation in any form on any real or personal property to pay such Series
2025 Bonds or the interest or premium, if any, thereon or for the payment of any other amounts
provided herein. The SEOPW CRA has no taxing power. The Series 2025 Bonds and the
indebtedness evidenced thereby shall not constitute a lien upon any other funds or property of
the SEOPW CRA, and no Bondholder shall be entitled to payment of such principal, interest and
premium, if any, from any other funds of the SEOPW CRA other than the Pledged Revenues, in
the manner and to the extent herein provided.
SECTION 12. PLEDGE OF REVENUES. The payment of the principal of, premium, if
any, and interest on the Series 2025 Bonds shall be secured forthwith equally and ratably by an
irrevocable lien on the Pledged Revenues, all in the manner and to the extent provided herein,
and, as provided herein, the SEOPW CRA does hereby irrevocably pledge such Pledged
Revenues, all to the payment of the principal of, premium, if any, and interest on the Series
2025 Bonds, the funding and maintaining of the reserves therefor as required herein and for all
other payments as provided herein. The pledge and lien on Pledged Revenues securing the
Series 2025 Bonds shall be prior and superior to all other liens or encumbrances on the
Pledged Revenues; provided, however, that the pledge of and lien on the Pledged Tax
Increment Revenues shall be on a parity with the pledge thereof and lien thereon securing the
unrefunded portion of the Series 2014 Bonds, and any Parity Obligations issued or incurred as
provided in Section 10.02 of Master Resolution.
SECTION 13. RESERVE ACCOUNT. A. Reserve Account. Pursuant to the Master
Resolution, the SEOPW CRA is authorized to establish a separate account within the Reserve
Account for the benefit of the Series 2025 Bonds. The SEOPW CRA hereby elects to estabitsh
such account and on the date of issuance of the Series 2025 Bonds there shall be on deposit -t
therein the Reserve Requirement for the Series 2025 Bonds. B. Delegation of Reserve
Requirement. Subject to parameters set forth in this Section, the SEOPW CRA hereby
authorizes the Executive Director to determine the Reserve Requirement for the Series 2025 rn
Bonds, in consultation with the Financial Advisor. The Reserve Requirement for the Series 2025
Bonds shall not exceed an amount which equals the lesser of (i) the Maximum Annual Debts
Service on the Series 2025 Bonds occurring in any year, (ii) 125% of the average Debt Service
Requirement on the Series 2025 Bonds, and (iii) 10% of the aggregate stated original princjl
amount of the Series 2025 Bonds; provided however, that the Reserve Requirement fof the —
Series 2025 Bond could be zero. 16 The Executive Director shall execute a certificatexdeted the
date of delivery of the Series 2025 Bonds certifying the Reserve Requirement for the Series
2025 Bonds.
SECTION 14. DELEGATION OF AWARD OF SERIES 2025 BONDS. Subject to full
satisfaction of the conditions set forth in this Section, the Board of the SEOPW CRA hereby
authorizes a delegated negotiated sale of the Series 2025 Bonds to the Underwriter in
accordance with the terms of the Bond Purchase Agreement to be dated the date of sale and to
be substantially in the form attached hereto as Exhibit "B", with such changes, amendments,
modifications, omissions and additions thereto as shall be approved by the Executive Director in
accordance with the provisions of this Section (including, without limitation, making the final
determination concerning the structuring and marketing of the Series 2025 Bonds to obtain the
most favorable rating and interest rate on the Series 2025 Bonds), including the determination
of issuing the Series 2025 Bonds in one or more series and designating the Series 2025 Bonds
as tax-exempt or taxable, and the execution and delivery of the Bond Purchase Agreement by
the Executive Director shall be deemed conclusive evidence of the approval of such changes
and the full and complete satisfaction of the conditions set forth in this Section.
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Notwithstanding the foregoing, the Bond Purchase Agreement shall not be executed by
the Executive Director until such time as all of the following conditions have been satisfied:
1. Receipt by the Executive Director of a written offer to purchase the Series 2025 Bonds
by the Underwriter substantially in the form of the Bond Purchase Agreement, said offer to
provide for, among other things, (i) the issuance of not exceeding $175,000,000 aggregate
principal amount of Series 2025 Bonds, (ii) an underwriting discount (including management fee
and all expenses) not in excess of $5.00 per bond, (iii) a true interest cost of not more than
5.50% per annum with respect to the Series 2025 Bonds, (iv) the maturities of the Series 2025
Bonds with the final maturity no later than March 1, 2042, and (v) a debt service savings of
3.00%, if it is determined to issue the Refunded Bonds.
2. The Series 2025 Bonds shall be subject to such optional and mandatory redemption
provisions as provided in the Bond Purchase Agreement.
3. Receipt by the Executive Director from the Underwriter of a disclosure statement and
truth -in -bonding information complying with Section 218.385, Florida Statutes and substantially
in the form attached to the Bond Purchase Agreement.
Upon satisfaction of the conditions set forth in this Section, the Executive Director is
hereby authorized to execute and deliver the Series 2025 Bonds and any other documents,
agreements or certificates relating to the Series 2025 Bonds, and are further authorized and
directed to prepare and furnish to the purchasers of the Series 2025 Bonds, when the Series
2025 Bonds are issued, certified copies of all the proceedings and records of the SEOPW CRA
relating to the Series 2025 Bonds, and such other affidavits and certificates as may be required
to show the facts relating to the legality and marketability of the Series 2025 Bonds as.such. ,
facts appear from the books and records in the officers' custody and control or 17 as otherwite
known to them; and all such certified copies, certificates and affidavits, including any heretofore
furnished, shall constitute representations of the SEOPW CRA as to the truth of all statements
contained therein.
SECTION 15. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The Executive Director, Bond Counsel, Disclosure Counsel and the SEOPW CRA's_Financial
Advisor are hereby authorized to prepare and to disseminate (or cause to be prepared and-.:
disseminated) copies of a "Preliminary Official Statement" in substantially the form attachee '
hereto as Exhibit "C" and are also authorized to prepare and disseminate a final official
statement after execution of the Bond Purchase Agreement. At closing, the appropriate officers
of the SEOPW CRA are authorized and directed to furnish a certificate to the effect that the
Preliminary Official Statement and Official Statement did not as of their dates and do not contain
any untrue statement or omission of a material fact. The Executive Director and the Finance
Officer are authorized to deem final the Preliminary Official Statement prepared pursuant to this
Section for purposes of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission.
The SEOPW CRA hereby authorizes the preparation of a final Official Statement relating
to the Series 2025 Bonds, which shall be in the form of the Preliminary Official Statement with
such changes, alterations and corrections therein as may be approved by the officials of the
SEOPW CRA executing the same, such approval to be conclusively established by such
execution, and the Executive Director and the Finance Director are hereby authorized and
directed for and in the name of the SEOPW CRA to execute and deliver the final Official
Statement, as hereby approved.
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SECTION 16. CONTINUING DISCLOSURE. The SEOPW CRA hereby covenants and
agrees that in order to provide for compliance by the SEOPW CRA with secondary market
disclosure requirements of the Rule, that it will comply with and carry out all of the provisions of
the Continuing Disclosure Agreement, in substantially the form attached hereto as Exhibit "D," to
be executed by the SEOPW CRA and dated the date of the issuance and delivery of the Series
2025 Bonds, as it may be amended from time to time in accordance with the terms thereof.
Notwithstanding any other provisions of this Resolution, failure of the SEOPW CRA to comply
with such Continuing Disclosure Agreement shall not be considered an event of default;
however, any Bondholder may take action as may be necessary and appropriate, including
seeking mandate or specific performance by court order, to cause the SEOPW CRA to comply
with its obligations under this Section.
SECTION 17. APPOINTMENT OF REGISTRAR, PAYING AGENT AND FISCAL
AGENT. Regions Bank, Jacksonville, Florida is hereby appointed as Registrar, Paying Agent
and Fiscal Agent for the Series 2025 Bonds. The Executive Director and the Clerk of the Board
of the SEOPW CRA are hereby authorized to enter into any agreements with such Registrar,
Paying Agent, or Fiscal Agent which may be necessary to reflect the obligation of such
Registrar, Paying Agent or Fiscal Agent to accept and perform the respective duties imposed
upon each and to effectuate the transactions contemplated, by this Resolution and the Master
Resolution.
SECTION 18. APPOINTMENT OF ESCROW AGENT AND APPROVAL OF ESCROW
DEPOSIT AGREEMENT. Regions Bank, Jacksonville, Florida is hereby appointed as Escrow
Agent for the Refunded Bonds. Simultaneously with the delivery of the Series 2025 Bonds to the
initial purchasers, if it is determined to refinance the Refunded Bonds, the SEOPW CRA shall
enter into the Escrow Deposit Agreement, in the form attached hereto as Exhibit "E." The
Executive Director and the Clerk of the Board of the SEOPW CRA are hereby authorized to
enter into any agreements with such Escrow Agent, which may be necessary to reflect the
obligation of such Escrow Agent to accept and perform the respective duties imposed upon it
and to effectuate the transactions contemplated by this Resolution and the Master Resolution.
SECTION 19. APPOINTMENT OF VERIFICATION AGENT. Robert Thomas CPA is
hereby appointed to serve as verification agent with respect to the refunding of the Refunded
Bonds.
SECTION 20. TRANSFER OF FUNDS. Moneys in the various funds and accounts
created under the resolution authorizing the Refunded Bonds shall be transferred as provided
by a certificate to be executed by the Executive Director and the Finance Officer,
SECTION 21. REDEMPTION OF REFUNDED BONDS. The Executive Director is
hereby authorized to select the Refunded Bonds to be refunded with the proceeds of -the Series
2025 Bonds and is hereby authorized to call such Refunded Bonds in accordance with the Plan
of Finance as described in the Preliminary Official Statement. The Paying Agent for the
Refunded Bonds is hereby authorized to provide written notice of such redemption to the
registered owners of such Refunded Bonds and to any Bondholder whose name and address
are on file with the Paying Agent. The Escrow Agent is hereby authorized and directed to
publish the notices of defeasance and redemption, if required.
The Executive Director is hereby authorized to direct the investment of funds held under
the Escrow Deposit Agreement. The Executive Director, Bond Counsel and/or Escrow Agent to
the extent necessary to accomplish the defeasance and refunding of the Refunded Bonds are
authorized to (i) subscribe for United States Treasury Obligations — State and Local
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Government Series ("SLGS"), (ii) arrange for the purchase, from funds available for such
purpose pursuant to the terms hereof, of Refunding Securities, or (iii) gross fund the escrow
account and hold such moneys in cash.
In the event the Executive Director determines to invest amounts held under the Escrow
Deposit Agreement in Refunding Securities (other than SLGS), the Executive Director is hereby
authorized to appoint a bidding agent to conduct a bid process for the purchase of such
securities.
SECTION 22. INSURER PROVISIONS. A. Delegation of Insurer. In order to obtain the
most favorable premiums on a Bond Insurance Policy, the Executive Director, in consultation
with the Financial Advisor, is hereby authorized to negotiate with interested Bond Insurers and
the Executive Director is authorized to accept, execute and deliver the commitment of
whichever Insurer provides the terms and provisions which, after consultation with the SEOPW
CRA's Financial Advisor, is in the best interest of the SEOPW CRA. The Executive Director can
designate all, some or none of the Series 2025 Bonds to be insured. The Executive Director is
hereby authorized to execute such agreements containing the provisions of the Bond Insurance
Policy. The SEOPW CRA further authorizes application of Series 2025 Bond proceeds to
payment of the premium for the Bond Insurance Policy. A statement of insurance is authorized
to be printed on the Series 2025 Bonds for the benefit and information of the Bondholders.
B. Delegation of Reserve Account Insurance Policy. If determined to be the most
economical or prudent structure, the Executive Director, in consultation with the Financial
Advisor, is hereby authorized to solicit bids from interested providers of Reserve Account
Insurance Policies, in order to obtain the most favorable premiums on a Reserve Account
Insurance Policy, and the Executive Director is authorized to accept, execute and deliver the
commitment of whichever provider of the Reserve Account Insurance Policy provides the terms
and provisions which, after consultation with the SEOPW CRA's Financial Advisor, is in the best
interest of the SEOPW CRA. A Reserve Account Insurance Policy for the Series 2025 Bonds,
together with other amounts or other credit instruments on deposit therein, equal to the Reserve
Requirement for the Series 2025 Bonds is hereby authorized to be purchased from the selected
provider of the Reserve Account Insurance Policy and payment for such Reserve Account
Insurance Policy is hereby authorized from Series 2025 Bond proceeds. In furtherance thereof,
the SEOPW CRA is hereby authorized to enter into a Financial Guaranty Agreement for the'
Series 2025 Bonds (the "Guaranty Agreement") with such provider of the Reserve Account
Insurance Policy and the Executive Director is hereby authorized to execute and deliver such
Guaranty Agreement.
SECTION 23. FURTHER AUTHORIZATIONS. The Chairwoman, the Executive.Director,
the Finance Officer, the Clerk of the SEOPW CRA, the Attorney of the SEOPW CRA or any
other appropriate officers of the SEOPW CRA are hereby authorized and directed to execuWW
any and all certifications or other instruments or documents required by the Master Resolution,
the Preliminary Official Statement, the final Official Statement, this Resolution or any other —
document referred to above as a prerequisite or precondition to the issuance of the Series 2025
Bonds and any such representation made therein by officers or representatives of the SEOPW
CRA shall be deemed to be made on behalf of the SEOPW CRA. All action taken to date by the
officers of the SEOPW CRA in furtherance of the issuance of the Series 2025 Bonds is hereby
approved, confirmed and ratified.
SECTION 24. MODIFICATION OR AMENDMENT. This Resolution may be amended
and supplemented to the same extent as the Master Resolution.
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SECTION 25. CONFLICTS REPEALED. All resolutions in conflict or inconsistent with
this Resolution are to the extent of such conflict or inconsistency hereby modified or repealed.
SECTION 26. EFFECTIVE DATE. This Resolution shall become effective immediately
upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
r e B iaif"Counsel 12/4/2025 e B tf ounsel 4/3/2025
City of Miami Page 17 of 17 File ID: 17453 (Revision: A) Printed on: 12/4/2025
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SUBSTITUTED
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 17453
CJI
Final , ction Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SO
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGEN
CRA"), WITH ATTACHMENT(S), RESCINDING AND REPLACING
CRA-R-24- 0067 ADOPTED ON OCTOBER 24, 2024, IN ITS ENT
ADOPTING A NEW RESOLUTION PROVIDING FOR THE ISS
INCREMENT REVENUE BONDS, SERIES 2025 ("SERIES 2
AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-F
AND ZERO CENTS ($175,000,000.00) TO BE ISSUED I
FOR THE PURPOSE OF FINANCING CERTAIN GRA
CONSTRUCTION OR REHABILITATION OF AFFOR
THE CONSTRUCTION OF OTHER CAPITAL IMP
REDEVELOPMENT AREA, AND REFINANCING
OBLIGATIONS; DELEGATING THE AWARD
BONDS TO THE EXECUTIVE DIRECTOR; P
HOLDERS OF SUCH SERIES 2025 BOND
PRELIMINARY OFFICIAL STATEMENT
DIRECTOR THE AUTHORITY TO DEE
APPROVE THE USE OF AND DIST
STATEMENT AND FINAL OFFICIA
2025 BONDS; APPOINTING A R
APPOINTING AN ESCROW A
PROVIDING CERTAIN OTH
WITH THE ISSUANCE TH
RESPECT THERETO; P
EFFECTIVE DATE.
HEAST
("SEOPW
SOLUTION NO.
ETY, AND
ANCE OF TAX
5 BONDS"), IN AN
E MILLION DOLLARS
ONE OR MORE SERIES,
TO BE USED FOR THE
BLE HOUSING, FINANCING
EMENTS IN THE
RTAIN OUTSTANDING
THE SALE OF THE SERIES 2025
OVIDING FOR SECURITY FOR THE
, APPROVING THE FORM OF A
D DELEGATING TO THE EXECUTIVE
FINAL FOR CERTAIN PURPOSES AND
UTION OF THE PRELIMINARY OFFICIAL
STATEMENT WITH RESPECT TO THE SERIES
ISTRAR, PAYING AGENT AND FISCAL AGENT;
NT; APPOINTING A VERIFICATION AGENT;
COVENANTS AND AGREEMENTS IN CONNECTION
EOF; PROVIDING CERTAIN OTHER DETAILS WITH
VIDING FOR SEVERABILITY; AND PROVIDING AN
WHEREAS, pursua - to Part III, Chapter 163, Florida Statutes (the "Redevelopment
Act"), there was c' -ated by actions of Miami -Dade County, Florida (the "County") and
the City of Mia r , Florida (the "City") the Southeast Overtown/Park West Community
Redevelopm Agency (the "SEOPW CRA") within the limits of the City; and
WHEREAS e SEOPW CRA previously adopted Resolution No. CRA-R-24-0067 on
October , 2024, authorizing the issuance of its Tax Increment Revenue Bonds, Series
2024 in e original aggregate principal amount not to exceed $150,000,000; and
WHE AS, the SEOPW CRA desires to rescind Resolution No. CRA-R-24-0067, in its
enti--ty, and adopt this Resolution to provide for an increase in the amount of bonds
a►. additional project; and WHEREAS, the Board of County Commissioners of the
ounty (the "County Commission") and the City Commission of the City (the "City
Commission") have held all public hearings and have accomplished all actions required
Page 1 of 15
SUBSTITUTED
to be taken under the Redevelopment Act in order to (i) designate the site of the
Projects as a slum or blighted area under the Redevelopment Act (ii) adopt the
community redevelopment plan for the site of the Projects, and (iii) create the
hereinafter described Redevelopment Trust Fund; and 2 WHEREAS, the City and the
County entered into an Interlocal Cooperation Agreement dated March 31, 1983, as
amended, including, without limitation, by Amendments to Interlocal Cooperation
Agreement dated November 15, 1990, as further amended by Amendment to 19
Interlocal Cooperation Agreement dated January 22, 2010 between the City, t
and the SEOPW CRA (collectively, the "Interlocal Agreement"), which provi
exercise of redevelopment powers by the City in the redevelopment area
CRA (the "Redevelopment Area"), the implementation of the community
plan for the Redevelopment Area (as modified from time to time, the "
Plan"), the delegation by the County to the City of certain powers, a
increment financing to pay the costs of the implementation of the
and WHEREAS, pursuant to the Interlocal Agreement there was
accordance with Ordinance No. 82-115 enacted by the Coun
December 21, 1982 ("Ordinance No. 82-115"), Ordinance N
Commission on April 6, 1983 and Ordinance No. 10018 e
Commission on July 18, 1985, the Southeast Overtown/
Redevelopment Trust Fund (the "Redevelopment Tru
pursuant to Section 4 of Ordinance No. 82-115, be
the date of sale of the initial bonding or indebtedn
County's annual appropriation of tax increment r
Fund shall not exceed the amount which is de
WHEREAS, pursuant to an Interlocal Agree
Children's Trust District, the SEOPW CR
City (the "Children's Trust Fund Interloc
the Children's Tax Increment Revenu
service on, and other obligations rel
after all other available Tax Incre
purpose; and WHEREAS, beca
issued after the date of the C
Tax Increment Revenues s
described herein; and W
dated December 31, 20
CRA, as amended (t
the SEOPW CRA
collected from ce
return 45% of t
authorities w
City has ag
affordabl
Reven
exclu
pur
County
for the
the SEOPW
development
development
the use of tax
development Plan;
stablished in
ommission on
9590 enacted by the City
cted by the City
ark West Community
and"); and WHEREAS,
ping with the twentieth year after
s and in every year thereafter, the
enues to the Redevelopment Trust
sited in the nineteenth year; and
ent dated August 6, 2007 among the
he OMNI CRA (as defined herein) and the
Agreement"), the SEOPW CRA agreed that
(as defined herein) would be used for debt
ng to, existing debts of the SEOPW CRA only
nt Revenues have been exhausted for such
e the Series 2025 Bonds issued hereunder will be
dren's Trust Fund Interlocal Agreement, the Ch dren's
II be excluded from the Pledged Tax Increment Revenues
REAS, pursuant to Section 5.e of the Interlocal Agreement
among the SEOPW CRA, the City, the County and the OMNI
"2007 Interlocal Agreement"), for fiscal year 2017 through 2030,
y not budget in excess of 50% of the tax increment revenues
in projects described in the 2007 Interlocal Agreement and must
increment revenues collected from such projects to the taxing
h paid such revenues into the Redevelopment Trust Fund, however the
ed to return its portion back to the SEOPW CRA for the development of
ousing by the SEOPW CRA (the "2007 Interlocal Agreement TIF
s"); and 3 WHEREAS, the 2007 Interlocal Agreement TIF Revenues shall be
d from the Pledged Tax Increment Revenues described herein; and WHEREAS,
ant to the Gran Central Loan Agreement dated January 20, 1998 between the City
a ► • Gran Central Corporation (the "Gran Central Loan Agreement"), the City has
greed to utilize Tax Increment Revenues generated from the Designated Area (as
herein defined) (the "Gran Central Designated Area TIF Revenues") for certain
Page 2 of 15
SUBSTITUTED 1
obligations described therein and that do not include debt service on the Series 2025
Bonds (hereinafter defined); and WHEREAS, the Gran Central Designated Area TIF
Revenues shall be excluded from the Pledged Tax Increment Revenues described
herein; and WHEREAS, pursuant to an Interlocal Cooperation Agreement dated Marc
1, 2000 among the City, the SEOPW CRA and the OMNI CRA (the "2000 Interlocal
Agreement"), it was agreed that the City, at the request of the SEOPW CRA, shall ,e
the fiduciary for the SEOPW CRA and the SEOPW CRA was designated as the
exclusive party responsible for the planning, development, program managem
technical assistance, coordination, project administration, monitoring and of
required for the completion of the projects within the Redevelopment Area
SEOPW CRA; and WHEREAS, the SEOPW CRA has requested in acc
2000 Interlocal Agreement that the City serve as the fiduciary to the S
WHEREAS, pursuant to the Interlocal Agreement between the SEO
and the South Florida Regional Transportation Agency dated Nov
"SFRTA Interlocal Agreement"), the City is expected to issue Ci
Increment Revenues generated in the Redevelopment Area (
agreed to by the City and the SEOPW CRA), upon the occu
and WHEREAS, the City Debt may be paid from the proc
Bonds; and WHEREAS, the SEOPW CRA has agreed t
Revenues generated from certain designated areas f
herein and such Tax Increment Revenues will not b
Series 2025 Bonds; and WHEREAS, the SEOPW
Increment Revenue Bonds, Series 2025 (the "S
construction of the 2025 Redevelopment Proj
accomplished through grants to for -profit a
or a portion of the outstanding Series 201
Bonds, to pay the City Obligation, if req
2025 Bonds. 4 NOW, THEREFORE,
OVERTOWN/PARK WEST COMM
SECTION 1. AUTHORITY FOR T
pursuant to the Constitution of
Interlocal Agreement, the Ma
SECTION 2. DEFINITIONS
meaning as set forth in th
clauses shall have the
requires, terms used
Bonds" means add'
and limitations c
with the Series
"SEOPW CR
Agency an
the SEO
Couns
maft
on
t,
r services
f the
ance with the
PW CRA; and
CRA, the City
ber 8, 2016 (the
Debt secured by Tax
such other security
ence of certain conditions;
ds of the Series 2025
utilize Tax Increment
certain obligations described
available for debt service on the
RA desires to issue its Tax
es 2025 Bonds") to finance the
s which undertaking may be
or not -for -profit businesses, to refund all
onds, to fund reserves for the Series 2025
ed, and to pay costs of issuance of the Series
IT RESOLVED BY THE SOUTHEAST -)
ITY REDEVELOPMENT AGENCY, that: `,
S RESOLUTION. This Resolution is adopted
State of Florida, the Redevelopment Act, the
r Resolution and other applicable provisions of law.
I capitalized undefined terms shall have the same
Master Resolution. Capitalized terms in the WHEREAS .N,
eanings used therein, and unless the context otherwise --
rein shall have the meanings specified below: "Additional
nal obligations issued in compliance with the terms, conditions
ained herein which will have an equal lien on the Pledged Revenues
25 Bonds and the Series 2014 Bonds, to the extent provided herein.
means the Southeast Overtown/Park West Community Redevelopment
ny governmental entity as successor thereto that assumed the duties of
CRA hereunder. "Bond Counsel" means Bryant Miller Olive P.A., Bond
, or any other counsel designated by the SEOPW CRA and experienced in
relating to the validity of and exclusion from federal income taxation of interest
ligations of states and their political subdivisions. "Bond Purchase Agreement"
ans the Bond Purchase Agreement between the SEOPW CRA and the Underwriter
connection with the sale of the Series 2025 Bonds and dated the date of sale of the
Series 2025 Bonds. "Bond Year" means the annual period beginning on the second day
Page 3 of 15
SUBSTITUTED
of March of each year and ending on the first day of March of the following year.
"Bonds" means (i) the unrefunded portion of the Series 2014 Bonds, (ii) the Series 2025
Bonds, and (iii) any Additional Bonds issued pursuant to Article X of Master Resolution.
"Bondholder," "Registered Owner," "Holder" and "Owner" mean the registered owner (
its authorized representative) of a Bond. "Business Day" means any day other than
Saturday or Sunday, (ii) any day on which the offices of the SEOPW CRA, Paying
Agent, Bond Insurer or Registrar are closed, or (iii) any day on which banking
institutions are authorized or required by law, executive order or governmenta
be closed in the City of New York or the State. 5 "Chairwoman" means the
of the SEOPW CRA, or in her absence or unavailability or inability to perf
Chairman of the SEOPW CRA. "Children's Trust Fund Interlocal Agree
Interlocal Agreement dated August 6, 2007 among the Children's Trus
SEOPW CRA, the OMNI CRA and the City. "Children's Tax Increme
means the portion of the Tax Increment Revenues derived from t
mil tax levied by the Children's Trust District against real prope
Redevelopment Area. "Children's Trust District" means The C
Dade County, an independent special taxing district created
pursuant to Section 125.901, Florida Statutes. "City" mea
"City Debt" means the (i) City of Miami, Florida Special
Revenue Bonds to be issued by the City pursuant to t
or (ii) a loan from the City to the SEOPW CRA for p
SFRTA Interlocal Agreement. "City Obligation" m
City secured by Tax Increment Revenues (or s
and the SEOPW CRA) for the payment of the
City Commission of the City of Miami. "Cod
1986, as amended, and applicable corres
United States of America relating to fed
provided herein or required by the co
contained or set forth in the applica
(including applicable final regulati
the applicable rulings of the Int
Rulings and private lefter ruli
Dade County, Florida. "Cou
Commissioners of the Co
the area generally bou
south, Miami Avenue
added to the Rede
on January 21, 1
SEOPW CRA
2018, as am
LLC (the "
to 70% o
to the i
Depo
"Es
ecree to
airwoman
, the Vice
nt" means the
strict, the
Revenues"
imposition of a half-
ocated within the
dren's Trust, Miami-
y Miami -Dade County
the City of Miami, Florida.
ligation Non -Ad Valorem
SFRTA Interlocal Agreement,
ment of the obligations under the
ns the debt service payable to the
other security agreed to by the City
ity Debt. "City Commission" means the
means the Internal Revenue Code of
nding provisions of any future laws of the
al income taxation, and except as otherwise
xt thereof, includes interpretations thereof
e regulations of the Department of Treasury
s, temporary regulations and proposed regulations),
al Revenue Service (including published Revenue
s), and applicable court rulings. "County" means Miami -
Commission" means the Board of County
ty. "Designated Portion of the Redevelopment Area" means
ed by the Metrorail on the west, Northwest First Street on the
n the east, and Northwest Fifth Street on the north, which was
opment Area by Resolution No. R-63-86 adopted by the County
6.6 "Downtown Retail TIF Obligation" means the obligation of the
rsuant to the Block 55 Development Agreement dated as of October 1,
ded, by and between the SEOPW CRA and Downtown Retail Associates
ntown Developer"), to make payments to the Downtown Developer equal
e tax incremental tax revenues received by the SEOPW CRA with respect
rovements on the property minus certain deductions. "DTC" means The
ory Trust Company, New York, New York, and its successors and ass►gns.
ow Agent" means Regions Bank, Jacksonville, Florida and its successors or
a - igns. "Escrow Deposit Agreement" means the escrow deposit agreement between
e SEOPW CRA and the Escrow Agent. "Executive Director" means the officer of the
SEOPW CRA who is performing the duties of the Executive Director of the SEOPW
Page 4 of 15
SUBSTITUTED
CRA. "Finance Officer" means the Finance Officer of the SEOPW CRA who is
performing the duties and functions of a finance officer for the SEOPW CRA. "Financial
Advisor" means PFM Financial Advisors, LLC, or any other financial advisor designated
by the SEOPW CRA and qualified to provide financial advisory services to
governmental entities. "Gibson Park Obligation" means the obligation of the SEOP
CRA to pay to the City amounts relating to the Gibson Park improvements. "Gran
Central Designated Area TIF Revenues" means the portion of the Tax Increme
Revenues generated from the Designated Portion of the Redevelopment Are
deposited into the Redevelopment Trust Fund and obligated by the City to b
repay the obligation of the City under the Gran Central Loan Agreement, i
Central Loan Agreement" means the Gran Central Loan Agreement dat
1998 between the City and Gran Central Corporation, a Florida Corpo
Central TIF Obligation" means the obligation of the SEOPW CRA p
Amended and Restated Covenant dated as of February 1, 2021 b
SEOPW CRA and Grand Central Holdings, LLC (the "Grand Ce
make payments to the Grand Central Developer equal to 65% •
revenues received by the SEOPW CRA with respect to the
property minus certain deductions. "Master Resolution" m
12-0061 adopted on September 17, 2012, as amended
time, authorizing the issuance of Bonds. 7 "Miami Wo
the obligation of the SEOPW CRA pursuant to the
WorldCenter Economic Incentive Agreement dat
SEOPW CRA, Miami First, LLC, Miami Third, L
Block G Phase I LLC, Block G Phase 2 LLC
"WorldCenter Developers"), to make paym
57% of the tax incremental tax revenues
the improvements on the property minu
Increment Revenues" means the Ple
SEOPW CRA in the immediately pr
Tax Increment Revenues which t
Year (a) if (i) the total assesse
Redevelopment Area used to
Revenues to be received b
the total assessed valuat
determined in the mos
Appraiser, or the tot
determination of al
board appointed
of the taxing a
determine th
SEOPW C
in accor
valuati
abov
m
nd
used to
ny. "Gran
January 20,
tion. "Grand
uant to the First
and between the
ral Developer"), to
f the tax incremental tax
provements on the
ns Resolution No. CRA-R-
nd supplemented from time to
Center TIF Obligation" means
ended and Restated Miami
as of February 21, 2017 among the
, Miami Fourth, LLC, Miami A/I, LLC,
d Tower 2, LLC (collectively, the
is to the WorldCenter Developers equal to
ceived by the SEOPW CRA with respect to
certain deductions. "Modified Pledged Tax
ed Tax Increment Revenues received by the
ceding Fiscal Year, modified to reflect the Pledged
SEOPW CRA would have received in such Fiscal
aluation of the taxable real property in the
etermine the amount of Pledged Tax Increment
he SEOPW CRA in such Fiscal Year had been equal to
n of the taxable real property in the Redevelopment Area:.
cent Property Assessment Certification of the County Property
ssessed valuation of such taxable real property after the,final
roperty assessment appeals to the property appraisal assessment
der Florida law, whichever is most recent; and (ii) the millage rates
orities contributing to the Redevelopment Trust Fund used to
amount of the Pledged Tax Increment Revenues to be received by the
in such Fiscal Year had such millage rates been reduced or rolled -back,
nce with applicable law then in effect, to reflect the increase in the assessed
of the taxable real property in the Redevelopment Area set forth in clause (i)
, or the actual millage rates adopted by such taxing authorities subsequent to the
recent Property Assessment Certification referred to above, if then available;
vided, however, that such Pledged Tax Increment Revenues determined in
ccordance with clause (i) and (ii) above shall be pro -rated for a partial year
assessment, if applicable, and (b) with respect to the amount of the Pledged Tax
Page 5 of 15
SUBSTITUTED
Increment Revenues received by the SEOPW CRA in each Fiscal Year prior to Fiscal
Year 2017, assuming that the provisions of 5.e of the 2007 Interlocal Agreement were
then in effect (Section 5.e of the 2007 Interlocal Agreement provides that for Fiscal
Years 2017 through 2030, the SEOPW CRA may not budget in excess of 50% of the
tax increment revenues collected from certain projects described in the 2007 Interlo
Agreement and must return 45% of the tax increment revenues collected from su
projects to the taxing authorities which paid such revenues into the Redevelop
Trust Fund as provided therein, however the City has agreed to return its port'
to the SEOPW CRA for the development of affordable housing by the SEOP
(the "2007 Interlocal Agreement TIF Revenues")), thereby resulting in a r
amount of the Pledged Tax Increment Revenues received by the SEOP
such Fiscal Year in an amount equal to the assumed 2007 Interlocal
Revenues for such Fiscal Year. "OMNI CRA" means the Communi
Agency for the Omni Community Redevelopment District, as ame
pursuant to Resolution No. 86-868 of the City and Ordinance N
"Parity Obligations" means obligations of the SEOPW CRA, o
obligations issued or incurred as permifted hereunder and
Pledged Tax Increment Revenues on parity with the lien
provided herein. "Paying Agent" means Regions Bank,
successors and assigns. "Person" means an individu
association, a joint stock company, a trust, any uni
governmental entity. "Pledged Revenues" means
and amounts held in the funds and accounts es
(i) amounts held in the Rebate Account shall
this Resolution and (ii) amounts in the sub
Construction Fund shall secure only the
accordance with the provisions hereof. '
Increment Revenues, excluding for a
Revenues, the Gran Central Desig
Increment Revenues, the Miami
Obligation, the Grand Central T
Obligation, and those revenu
more particularly set forth i
that the tax increment re
included within the Re
County and City to b
Act shall not consti
subject to the ple
Plan is amend
generated wi
Redevelop
the Tax I
the Bo
Cha
nt
back
CRA
ction in the
CRA in each
reement TIF
edevelopment
ed, created
87-47 of the County. 8
er than Bonds, and other
cured by a lien on the
reon securing the Bonds as
cksonville, Florida and its
, a corporation, a partnership, an
orporated organization or
edged Tax Increment Revenues
blished by this Resolution, except that
used solely for the purposes provided in
ounts in the Reserve Account and
vies of Bonds for which it was established in
ledged Tax Increment Revenues" means Tax
urposes the 2007 Interlocal Agreement TIF
ted Area TIF Revenues, the Children's Tax
orld Center TIF Obligation, Downtown Retail
Obligation, the City Obligation, the Gibson Park
specifically excluded in the Redevelopment Act, all as
ection 7.01 of the Master Resolution; provided, however,
nues generated within any additional areas designated to be
elopment Area of the SEOPW CRA and designated by the
lum or blighted areas within the meaning of the Redevelopment
e Pledged Tax Increment Revenues hereunder and shall not be
ge and lien created by this Resolution, unless (a) the Redevelopment
to include such additional areas, and tax increment revenues
in such additional areas are required under the Act to be deposited in the
ent Trust Fund and (b) this Resolution is supplemented to expressly pledge
rement Revenues generated within such additional areas to the payment of
s. "Redevelopment Act" means the Community Redevelopment Act of 1969,
r 163, Part III, Florida Statutes, as amended. "Redevelopment Trust Fund"
m- s the Southeast Overtown/Park West Community Redevelopment Trust Fund
horized by the Interlocal Agreement and established by Ordinance No. 82-115,
nacted by the County Commissioners on December 21, 1982, Ordinance No. 9590,
enacted by the City Commission on April 6, 1983 and Ordinance No. 10018 enacted by
Page 6of15
J
SUBSTITUTED
the City Commission on July 18, 1985, into which Tax Increment Revenues are
deposited for repayment of debt service on the Bonds and authorized uses. "Refunded
Bonds" means all or a portion of the SEOPW CRA's outstanding Tax Increment
Revenue Bonds, Series 2014A. 9 "Registrar" means Regions Bank, Jacksonville,
Florida and its successors and assigns. "Reserve Requirement" means, with respec o
the Composite Reserve Subaccount, the Composite Reserve Requirement and w
respect to each Series of Bonds issued hereunder that is not secured by the Co
Reserve Subaccount, the amount of money, if any, or available amount of a R
Product, if any, or a combination thereof, required by Supplemental Resoluti
or otherwise designated by the SEOPW CRA prior to the issuance of suc
Bonds to be maintained in the subaccount in the Reserve Account with r
Series of Bonds pursuant to Section 13 hereof. "Series 2014 Bonds"
unrefunded portion of the SEOPW CRA's Tax Increment Revenue
2014A. "Series 2025 Bonds" means the SEOPW CRA's Tax Incre
Series 2025 authorized to be issued herein, in one or more seri
State of Florida. "Tax Increment Revenue Bond Fund" means
to Section 7.02 of the Master Resolution. "Tax Increment R
deposited into the Redevelopment Trust Fund (including
on the date of delivery of the Series 2025 Bonds) as re
Florida Statutes, annually by taxing authorities levyin
Redevelopment Area. "2000 Interlocal Agreement"
Agreement dated March 1, 2000 among the City
"2007 Interlocal Agreement" means the Interloc
among the City, the County and the OMNI C
Revenues" shall have the meaning given in
Redevelopment Projects" means the Proj
particularly described on Exhibit "A" aft
part with proceeds of the Series 2025
Shank & Co., LLC. SECTION 3. FI
declared that: The findings, decla
Commission and the County C
approving the 10 Redevelop
determinations of the SEOP
Pledged Tax Increment
manner, except to the
The existence of the
shortage of afforda
welfare of the citi
and blight in th
that they can
economic i
economi
throug
agen
in o
d
osite
erve
adopted
eries of
pect to such
ans any
nds, Series
ent Revenue Bonds,
. "State" means the
e fund created pursuant
enues" means the moneys
amounts on deposit therein
red by Section 163.387,
d valorem taxes in the
ans the Interlocal Cooperation
e SEOPW CRA and the OMNI CRA.
Agreement dated December 31, 2007,
. "2007 Interlocal Agreement TIF
e WHEREAS clauses herein. "2025
is within the Redevelopment Area more
ed, in each case to be financed in whole or in
onds. "Underwriter" means Siebert Williams
INGS. It is hereby ascertained, determined and
on and determinations made by the City
mission defining the Redevelopment Area and
nt Plan are hereby adopted as findings, declarations and
CRA and are incorporated herein by reference. (a) The
enues are not currently pledged or encumbered in any
ment of the Series 2014 Bonds and the Refunded Bonds. (b)
m and blighted areas in the Redevelopment Area and the
housing therein directly adversely affect the health, safety and
ns and taxpayers therein and in the County. (c) The deterioration
edevelopment Area and the shortage of affordable housing are such
t be remedied without intervention by the SEOPW CRA to provide
entives to encourage redevelopment. (d) It is necessary to provide
centives to not -for -profit businesses and/or to private for -profit businesses
rants of land and/ or money, which at the discretion of the SEOPW CRA or its -
ay or may not be forgiven, to be applied to the 2025 Redevelopment Projects,,
er to encourage the development of affordable housing and economic
elopment in the Redevelopment Area through the construction of the 2025
edevelopment Projects. (e) The 2025 Redevelopment Projects will provide a ''
substantial benefit to the citizens in the Redevelopment Area and the County and will
Page 7 of 15
SUBSTITUTED
serve a paramount public purpose with only incidental benefits accruing to the private
developers receiving the grants of money to be applied to the 2025 Redevelopment
Projects and to the affordable housing project to be included as part of the 2025
Redevelopment Projects. (f) The rehabilitation and redevelopment of the
Redevelopment Area is necessary and in the interest of the public health, safety, m. als
and welfare of the citizens within the Redevelopment Area and the County and in
to carry out such rehabilitation and redevelopment it is necessary and appropri
the SEOPW CRA to finance the 2025 Redevelopment Projects. (g) It is neces
in the best interests of the SEOPW CRA to undertake or cause to be unde
2025 Redevelopment Projects and to issue the Series 2025 Bonds to fina
Redevelopment Projects, directly or through the issuance of grants to f
for- profit businesses, to fund reserves for the Series 2025 Bonds, to
Refunded Bonds, to pay the City Obligation, if required, and to pay
SEOPW CRA for Costs of the 2025 Redevelopment Projects. (h)
authorized under the Redevelopment Act to issue the Series 20
undertaking of the 2025 Redevelopment Projects, to fund res
Bonds, refund the Refunded Bonds, to pay the City Obligati
or reimburse the SEOPW CRA for Costs of the 2025 Red
2025 Redevelopment Projects are undertakings of com
described in the Redevelopment Act. (j) The Series 2
hereunder and under the Master Resolution shall b
redevelopment" projects as defined in the Redev
Pledged Revenues will be sufficient to pay the
2025 Bonds, as the same become due, and
Resolution. (I) The principal of and interest
Resolution and all other payments provid
by a pledge of, and will be payable fro
CRA has full power and authority to
be deemed to constitute a general
credit of the SEOPW CRA, the C
subdivision thereof within the
provision or limitation. The S
has provided notice of its i - nt
accordance with Section
TO CONSTITUTE A C
2025 Bonds authoriz
time to time, this R
constitute a contr
agreements he
SEOPW CR
of any and
preferen
thereo
AUT
der
for
ry and
en, the
e the 2025
profit or not-
und the
reimburse the
e SEOPW CRA is
Bonds to finance the
es for the Series 2025
, if 11 required, and to pay
elopment Projects. (i) The
unity redevelopment as
5 Bonds authorized and issued
ssued consistent with "community
pment Act. (k) The estimated
ncipal of and interest on the Series
other payments provided for in this
the Bonds to be issued pursuant to this
for in this Resolution will be secured solely
e Pledged Revenues, which the SEOPW
dge in the manner provided herein; and shall not
moral indebtedness or a pledge of the faith and
nty, the City, the State or any other political
aning of any constitutional, legislative or charter
PW CRA has no taxing power. (m) The SEOPW CRA
to authorize the issuance of the Series 2025 Bonds in
3.346, Florida Statutes. SECTION 4. THIS RESOLUTION
TRACT. In consideration of the acceptance of the Series
to be issued hereunder by those who shall hold the same from
olution and the Master Resolution shall be deemed to be and shall
ct between the SEOPW CRA and such Holders. The covenants and
n set forth and in the Master Resolution to be performed by the
shall be for the equal benefit, protection and security of the legal Holders
I of the Series 2025 Bonds, all of which shall be of equal rank and without'
, priority or distinction of any of the Series 2025 Bonds over any other
xcept as expressly provided therein and herein. SECTION 5.
RIZATION OF 2025 REDEVELOPMENT PROJECTS; AND ISSUANCE OF
S ' ES 2025 BONDS. The 2025 Redevelopment Projects and the payment of the
sts thereof from proceeds of the Series 2025 Bonds is hereby authorized. The 2025
edevelopment Projects are "community redevelopment" projects and "undertaking.$"
as defined in the Redevelopment Act. 12 Subject and pursuant to the provisions h reof, j
Page8of15
SUBSTITUTED
the Series 2025 Bonds to be known as the "Southeast Overtown/Park West Community
Redevelopment Agency Tax Increment Revenue Bonds, Series 2025" (or if such Series
2025 Bonds are issued in more than one series, or in a different calendar year, such
other name and/ or series designation as the Chairwoman shall direct) are hereby
authorized to be issued as tax-exempt or taxable in one or more series in the origin
aggregate principal amount of not to exceed $175,000,000 or such lesser amount - s
may be approved by the Chairwoman for the purpose of financing all or a portio r of the
Costs of the 2025 Redevelopment Projects, funding any reserves, refunding t
Refunded Bonds, paying the City Obligation, if required, and paying the cos
issuance and expenses associated therewith. Notwithstanding anything h
contrary, based upon advice of the Financial Advisor to the SEOPW C
best financial interest of the SEOPW CRA, and the advice of Bond Co
SEOPW CRA may elect to issue any of the Series 2025 Bonds and/
such Bonds into one or more Series and may modify the name or
series of such Bonds accordingly. The Series 2025 Bonds shall
of delivery of such Series 2025 Bonds to the Underwriter; sha
registered Series 2025 Bonds; shall be in such denominatio
a rate or rates not exceeding the maximum rate permifted
amounts of Serial Bonds and/or Term Bonds; maturing
years not exceeding the maximum length permifted u
Series 2025 Bonds shall be numbered consecutive
Iefter "R" prefixed to the number. The Series 202
Variable Rate Bonds. The 2025 Redevelopmen
described in Section 163.370(3), Florida Stat
REFUNDING. There is hereby authorized t
to Section 21 hereof. SECTION 7. PROV
Bonds shall be subject to redemption p
CRA, at such times and in such man
BOOK ENTRY SYSTEM. Notwiths
contrary, a book -entry system of
Bonds. So long as the SEOPW
respect to the Series 2025 B
issuance, the ownership of
registration books kept b
blanket issuer Iefter of
CRA with The Depos
Bonds be registere
forth herein and i
registration of t
the form of a
issuance, t
in the na
reques
regis
Pa
of
ein to the
that it is in the
sel, the
r may combine
esignation of each
e dated as of the date
e issued as fully
and shall bear interest at
y law, shall consist of such
such amounts and in such
er the Redevelopment Act. The
rom one upward preceded by the
onds shall not be issued as
rojects are not the types of projects
s. SECTION 6. AUTHORIZATION OF
refunding of the Refunded Bonds, subject
ONS FOR REDEMPTION. The Series 2025
r to their maturity, at the option of the SEOPPN
r as shall be fixed by Section 14. SECTION 6r'
ding any provision of this Resolution to the
gistration is hereby authorized for the Series 2025
RA shall maintain a book -entry only system with
ds, the following provisions shall apply: Upon initial -71
ch such Series 2025 Bond shall be registered in:the r
e Registrar in the name of Cede, as nominee of DTC. 4 3
resentations (the "BLoR") was entered into by the SEOPVP
ry Trust Company ("DTC"). It is intended that the Series2025
so as to participate in a global book -entry system with DTC as set
such BLoR. The terms and conditions of such BLoR shall govern the
Series 2025 Bonds. The Series 2025 Bonds shall be initially issued in
ngle fully registered Bond for each maturity of such Series. Upon initial
ownership of such Series 2025 Bonds shall be registered by the Registrar
e of Cede & Co. (DTC's partnership nominee) or such other name as may be
d by an authorized representative of DTC. So long as any Series 2025 Bond is
red in the name of DTC (or its nominee), the SEOPW CRA, the Registrar and the
g Agent may treat DTC (or its nominee) as the sole and exclusive holder of such
vies 2025 Bonds registered in its name, and all payments with respect to the principal
r redemption price of, if any, and interest on such Series 2025 Bond ("Payments") and
all notices with respect to such Series 2025 Bond ("Notices") shall be made or given, as
Page 9 of 15
'7
„7
171
SUBSTITUTED
the case may be, to DTC. Transfers of Payments and delivery of Notices to DTC
Participants shall be the responsibility of DTC and not of the SEOPW CRA, subject to
any statutory and regulatory requirements as may be in effect from time to time.
Transfers of Payments and delivery of Notices to beneficial owners of the Series 2025
Bonds by DTC Participants shall be the responsibility of such participants, indirect
participants and other nominees of such beneficial owners and not of the SEOPW
subject to any statutory and regulatory requirements as may be in effect from ti
time. Upon (a) receipt by the SEOPW CRA of wriften notice from DTC (i) to th
that a continuation of the requirement that all of the Outstanding Series 202
registered in the registration books kept by the Registrar in the name of C
nominee of DTC, is not in the best interest of the beneficial owners of t
Bonds or (ii) to the effect that DTC is unable or unwilling to discharge
and no substitute depository willing to undertake the functions of DT
found which is willing and able to undertake such functions upon r
customary terms, (b) termination, for any reason, of the agreem
CRA, the Registrar and Paying Agent and DTC evidenced by
determination by the SEOPW CRA that such book -entry on
discontinued by the SEOPW CRA, and compliance with t
agreement between the SEOPW CRA and DTC with re
Bonds shall no longer be restricted to being registere
the Registrar in the name of Cede & Co., as nomin
whatever name or names Holders shall designat
hereof. In such event, the SEOPW CRA shall i
transfer and exchange Series 2025 Bonds co
denominations of $5,000 or any integral m
foregoing notwithstanding, until such tim
is discontinued, the provisions set forth
transfer of the Series 2025 Bonds an
SECTION 9. APPLICATION OF P
Series 2025 Bonds, herein autho
provided) be considered to be i
shall be entitled to all the pro
thereunder. The principal o
shall be payable from the
parity with any other B
by the SEOPW CRA •
Series 2025 Bonds
SECTION 10. AP
including accr
the Series 2
delivery of
capitaliz
used o
B. T
pur
RA,
to
effect
onds be
e & Co., as
Series 2025
responsibilities
hereunder can be
asonable and
t among the SEOPW
e BLoR, or (c)
system should be
requirements of any
ect thereto, the Series 2025
n the registration books kept by
of DTC, but may be registered in
in accordance with the provisions
e and the Registrar shall authenticate,
istent with the terms hereof, in
ple thereof to the Holders thereof. The
s participation in the book -entry only system
the BLoR shall apply to the registration and
o Payments and Notices with respect thereto. 14
VISIONS OF THE MASTER RESOLUTION. The
ed, shall for all purposes (except as herein expressly
ued under the authority of the Master Resolution, and
ction and security provided therein for the Bonds issued-;
nd interest on the Series 2025 Bonds herein authorized
ebt Service Fund established in the Master Resolution on 4
ds, and payments shall be made into such Debt Service Fui11d
amounts fully sufficient to pay the principal of and interest on,the
erein authorized as such principal and interest become due. ,
LICATION OF SERIES 2025 BOND PROCEEDS. The proceeds,
interest and premium, if any, received from the sale of any or all of:
Bonds shall be applied by the SEOPW CRA simultaneously with the;
ch Series 2025 Bonds to the purchaser thereof, as follows: A. The
interest, if any, shall be deposited into the Debt Service Fund and shall be
for the purpose of paying interest becoming due on the Series 2025 Bonds.
initial Reserve Requirement for such Series 2025 Bonds, as determined
ant to Section 13.B., shall be deposited in the subaccount in the Reserve Account
c' -ated pursuant to the Master Resolution for the benefit of the Series 2025 Bonds, and
hall be used only for the purposes provided therefor. C. A sum as specified in the
Escrow Deposit Agreement shall be deposited to the escrow account pursuant to the
Page 10 of 15
SUBSTITUTED
Escrow Deposit Agreement, if required. D. A sum specified in a certificate of the
Executive Director of the SEOPW CRA shall be paid to the City for satisfaction of the
City Obligation, if the City Obligation has been issued and is outstanding prior to the
delivery of the Series 2025 Bonds. E. Pursuant to Section 7.03 of the Master
Resolution, there is hereby established a separate account in the Construction Fun
(the "Series 2025 Bonds Account") for the 2025 Redevelopment Projects to be fin - ced
by the Series 2025 Bonds. A sum specified in a certificate of the Executive Dire• r of
the SEOPW CRA shall be deposited into the Series 2025 Bonds Account of t
Construction Fund. F. To the extent not paid by the original purchasers of t
2025 Bonds, the SEOPW CRA shall pay all costs and expenses in conne
issuance, sale and delivery of the Series 2025 Bonds. SECTION 11. B
BE INDEBTEDNESS OF THE SEOPW CRA. The Series 2025 Bonds
constitute general or moral obligations or indebtedness or a 15 pled
credit of the SEOPW CRA, the City, the County, the State or any
subdivision thereof within the meaning of any constitutional, leg
provision or limitation, but shall be limited obligations of the S
solely from and secured by a lien upon and a pledge of the
manner and to the extent herein provided. No Bondholde
directly or indirectly, to compel the exercise of the ad v
the County, the State or any political subdivision ther
real or personal property to pay such Series 2025
any, thereon or for the payment of any other amo
CRA has no taxing power. The Series 2025 Bo
thereby shall not constitute a lien upon any o
and no Bondholder shall be entitled to pay
if any, from any other funds of the SEOP
the manner and to the extent herein pr
The payment of the principal of, pre
shall be secured forthwith equally
Revenues, all in the manner and
the SEOPW CRA does hereby
payment of the principal of, p
funding and maintaining of
payments as provided he
Series 2025 Bonds sh
Pledged Revenues;
Increment Revenu
securing the unr
issued or incur d
RESERVE
SEOPW C
for the b
such a
depo
Re
Series
on with the
DS NOT TO
all not be or
of the faith and
er political
ative or charter
PW CRA, payable
edged Revenues, in the
hall ever have the right
rem taxing power of the City,
f or taxation in any form on any
nds or the interest or premium, if
is provided herein. The SEOPW
s and the indebtedness evidenced
r funds or property of the SEOPW CRA,
nt of such principal, interest and premium,
CRA other than the Pledged Revenues, in
ided. SECTION 12. PLEDGE OF REVENUES.
m, if any, and interest on the Series 2025 Bonds
ratably by an irrevocable lien on the Pledged
the extent provided herein, and, as provided herein,
evocably pledge such Pledged Revenues, all to the
mium, if any, and interest on the Series 2025 Bonds, the
e reserves therefor as required herein and for all other
in. The pledge and lien on Pledged Revenues securing the
be prior and superior to all other liens or encumbrances on the
vided, however, that the pledge of and lien on the Pledged Tax
shall be on a parity with the pledge thereof and lien thereon
nded portion of the Series 2014 Bonds, and any Parity Obligations
as provided in Section 10.02 of Master Resolution. SECTION 13
COUNT. A. Reserve Account. Pursuant to the Master Resolution, the
is authorized to establish a separate account within the Reserve Account
efit of the Series 2025 Bonds. The SEOPW CRA hereby elects to establish
ount and on the date of issuance of the Series 2025 Bonds there shall be on
therein the Reserve Requirement for the Series 2025 Bonds. B. Delegation of
rve Requirement. Subject to parameters set forth in this Section, the SEOPW CRA
eby authorizes the Executive Director to determine the Reserve Requirement for the
eries 2025 Bonds, in consultation with the Financial Advisor. The Reserve
Requirement for the Series 2025 Bonds shall not exceed an amount which equals the
Page 11 of 15
..J
SUBSTITUTED
lesser of (i) the Maximum Annual Debt Service on the Series 2025 Bonds occurring in
any year, (ii) 125% of the average Debt Service Requirement on the Series 2025
Bonds, and (iii) 10% of the aggregate stated original principal amount of the Series
2025 Bonds; provided however, that the Reserve Requirement for the Series 2025
Bond could be zero. 16 The Executive Director shall execute a certificate dated the ' to
of delivery of the Series 2025 Bonds certifying the Reserve Requirement for the S ies
2025 Bonds. SECTION 14. DELEGATION OF AWARD OF SERIES 2025 BON
Subject to full satisfaction of the conditions set forth in this Section, the Board
SEOPW CRA hereby authorizes a delegated negotiated sale of the Series
to the Underwriter in accordance with the terms of the Bond PurchaseAgr
dated the date of sale and to be substantially in the form aftached heret
with such changes, amendments, modifications, omissions and additi
shall be approved by the Executive Director in accordance with the
Section (including, without limitation, making the final determinati
structuring and marketing of the Series 2025 Bonds to obtain th
and interest rate on the Series 2025 Bonds), including the de
Series 2025 Bonds in one or more series and designating t
tax-exempt or taxable, and the execution and delivery of
by the Executive Director shall be deemed conclusive e
changes and the full and complete satisfaction of the
Notwithstanding the foregoing, the Bond Purchase
the Executive Director until such time as all of the
satisfied: 1. Receipt by the Executive Director o
2025 Bonds by the Underwriter substantially '
Agreement, said offer to provide for, amon
exceeding $175,000,000 aggregate princ
underwriting discount (including mana
$5.00 per bond, (iii) a true interest co
to the Series 2025 Bonds, (iv) the
maturity no later than March 1, 2
determined to issue the Refun
such optional and mandatory
Agreement. 3. Receipt by t
statement and truth-in-b
Statutes and substanti
satisfaction of the co
authorized to exec
agreements or c
and directed to
the Series 2
the SEOP
certificat
of the
offic
the
25 Bonds
ment to be
as Exhibit "B",
s thereto as
ovisions of this
concerning the
most favorable rating
mination of issuing the
Series 2025 Bonds as
Bond Purchase Agreement
dence of the approval -of such
nditions set forth in this Section.
reement shall not be executed by
ollowing conditions have beery
wriften offer to purchase the Series'
the form of the Bond Purchase
ther things, (i) the issuance of not
al amount of Series 2025 Bonds, (ii) an
ent fee and all expenses) not in excess of —
of not more than 5.50% per annum with respect
turities of the Series 2025 Bonds with the final
2, and (v) a debt service savings of 3.00%, if it is
d Bonds. 2. The Series 2025 Bonds shall be subject to
demption provisions as provided in the Bond Purchase
Executive Director from the Underwriter of a disclosure
ding information complying with Section 218.385, Florida
in the form aftached to the Bond Purchase Agreement. Upon
itions set forth in this Section, the Executive Director is hereby
e and deliver the Series 2025 Bonds and any other documents,
ficates relating to the Series 2025 Bonds, and are further authorized
repare and furnish to the purchasers of the Series 2025 Bonds, when
Bonds are issued, certified copies of all the proceedings and records of
CRA relating to the Series 2025 Bonds, and such other affidavits and
as may be required to show the facts relating to the legality and marketability
vies 2025 Bonds as such facts appear from the books and records in the
' custody and control or 17 as otherwise known to them; and all such certified
co• -s, certificates and affidavits, including any heretofore furnished, shall constitute
• resentations of the SEOPW CRA as to the truth of all statements contained therein.
ECTION 15. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The Executive Director, Bond Counsel, Disclosure Counsel and the SEOPW CRA's
Page 12 of 15
SUBSTITUTED
Financial Advisor are hereby authorized to prepare and to disseminate (or cause to be
prepared and disseminated) copies of a "Preliminary Official Statement" in substantially
the form aftached hereto as Exhibit "C" and are also authorized to prepare and
disseminate a final official statement after execution of the Bond Purchase Agreemen
At closing, the appropriate officers of the SEOPW CRA are authorized and directed
furnish a certificate to the effect that the Preliminary Official Statement and Officia
Statement did not as of their dates and do not contain any untrue statement or • ission
of a material fact. The Executive Director and the Finance Officer are authori ' • to
deem final the Preliminary Official Statement prepared pursuant to this Sec ' • n for
purposes of Rule 15c2-12 (the "Rule") of the Securities and Exchange Co
SEOPW CRA hereby authorizes the preparation of a final Official State
the Series 2025 Bonds, which shall be in the form of the Preliminary
with such changes, alterations and corrections therein as may be a
officials of the SEOPW CRA executing the same, such approval t
established by such execution, and the Executive Director and
hereby authorized and directed for and in the name of the SE
deliver the final Official Statement, as hereby approved. SE
DISCLOSURE. The SEOPW CRA hereby covenants and
for compliance by the SEOPW CRA with secondary m
the Rule, that it will comply with and carry out all of th
Disclosure Agreement, in substantially the form aft
executed by the SEOPW CRA and dated the dat
Series 2025 Bonds, as it may be amended fro
terms thereof. Notwithstanding any other pro
SEOPW CRA to comply with such Continui
considered an event of default; however,
necessary and appropriate, including s
order, to cause the SEOPW CRA to
SECTION 17. APPOINTMENT OF
AGENT. Regions Bank, Jackson
Agent and Fiscal Agent for the
Clerk of the Board of the SE
agreements with such Reg
necessary to reflect the
accept and perform th
transactions contem
APPOINTMENT 0
AGREEMENT.
Agent for the
Bonds to the
SEOPW C
hereto a
CRAa
whit
mission. The
ent relating to
icial Statement
roved by the
e conclusively
e Finance Director are
W CRA to execute and
ION 16. CONTINUING
grees that in order to provide
et disclosure requirements of
provisions of the Continuing
ed hereto as Exhibit "D," to be
f the issuance and delivery of the
ime to time in accordance with the
ions of this Resolution, failure of the
Disclosure Agreement shall not be
y Bondholder may take action as may be
king mandate or specific performance by court
mply with its obligations under this Section.
GISTRAR, PAYING AGENT AND FISCAL
e, Florida is hereby appointed as Registrar, Paying,
eries 2025 Bonds. The Executive Director and the
W CRA are hereby authorized to enter into any C-3
rar, Paying Agent, or Fiscal Agent which may be
igation of such Registrar, Paying Agent or Fiscal Agent to.
espective duties imposed 18 upon each and to effectuate the
ted, by this Resolution and the Master Resolution. SEC-TtQN8.
SCROW AGENT AND APPROVAL OF ESCROW DEPOSIT
gions Bank, Jacksonville, Florida is hereby appointed as Escrow
unded Bonds. Simultaneously with the delivery of the Series 2025
itial purchasers, if it is determined to refinance the Refunded Bonds, the
shall enter into the Escrow Deposit Agreement, in the form aftached
xhibit "E." The Executive Director and the Clerk of the Board of the SEOPW
hereby authorized to enter into any agreements with such Escrow Agent,
ay be necessary to reflect the obligation of such Escrow Agent to accept and
pe ►'• rm the respective duties imposed upon it and to effectuate the transactions
templated by this Resolution and the Master Resolution. SECTION 19.
PPOINTMENT OF VERIFICATION AGENT. Robert Thomas CPA is hereby appointed
to serve as verification agent with respect to the refunding of the Refunded Bonds.
Page 13 of 15
SUBSTITUTED
SECTION 20. TRANSFER OF FUNDS. Moneys in the various funds and accounts
created under the resolution authorizing the Refunded Bonds shall be transferred as
provided by a certificate to be executed by the Executive Director and the Finance
Officer. SECTION 21. REDEMPTION OF REFUNDED BONDS. The Executive Direct
is hereby authorized to select the Refunded Bonds to be refunded with the proceedof
the Series 2025 Bonds and is hereby authorized to call such Refunded Bonds in
accordance with the Plan of Finance as described in the Preliminary Official St
The Paying Agent for the Refunded Bonds is hereby authorized to provide wr
of such redemption to the registered owners of such Refunded Bonds and t
Bondholder whose name and address are on file with the Paying Agent.
Agent is hereby authorized and directed to publish the notices of defea
redemption, if required. The Executive Directoris hereby authorized t
investment of funds held under the Escrow Deposit Agreement. Th
Bond Counsel and/or Escrow Agent to the extent necessary to a
defeasance and refunding of the Refunded Bonds are authoriz
United States Treasury Obligations — State and Local Gover
arrange for the purchase, from funds available for such pur
hereof, of Refunding Securities, or (iii) gross fund the esc
moneys in cash. In the event the Executive Director de
under the Escrow Deposit Agreement in Refunding S
Executive Director is hereby authorized to appoint
process for the purchase of such securities. 19 S
A. Delegation of Insurer. In order to obtain the
Insurance Policy, the Executive Director, in c
hereby authorized to negotiate with interes
is authorized to accept, execute and deli
provides the terms and provisions whic
Financial Advisor, is in the best inter
can designate all, some or none of
Director is hereby authorized to
the Bond Insurance Policy. Th
2025 Bond proceeds to pay
statement of insurance is
benefit and information o
Insurance Policy. If de
Executive Director, i
solicit bids from int
obtain the most f
Executive Dire ► or
whichever pr
provisions
best inte
2025
equ
pu
ment.
en notice
any
e Escrow
nce and
irect the
xecutive Director,
mplish the
to (i) subscribe for
ent Series ("SLGS"), (ii)
se pursuant to the terms
w account and hold such
mines to invest amounts held
urities (other than SLGS), the
idding agent to conduct a bid
TION 22. INSURER PROVISIONS.
st favorable premiums on a Bond
sultation with the Financial Advisor, is
d Bond Insurers and the Executive Director
r the commitment of whichever Insurer
, after consultation with the SEOPW CRA's
of the SEOPW CRA. The Executive Director
e Series 2025 Bonds to be insured. The Executive
ecute such agreements containing the provisions of
EOPW CRA further authorizes application of Series]
nt of the premium for the Bond Insurance Policy. A _ ;
horized to be printed on the Series 2025 Bonds for the
he Bondholders. B. Delegation of Reserve Account "
mined to be the most economical or prudent structure, the '
onsultation with the Financial Advisor, is hereby authoriz d to -
ested providers of Reserve Account Insurance Policies, in order.to
orable premiums on a Reserve Account Insurance Policy, and thee'
is authorized to accept, execute and deliver the commitment of
!der of the Reserve Account Insurance Policy provides the terms and
ich, after consultation with the SEOPW CRA's Financial Advisor, is in the
st of the SEOPW CRA. A Reserve Account Insurance Policy for the Series
nds, together with other amounts or other credit instruments on deposit therein,
o the Reserve Requirement for the Series 2025 Bonds is hereby authorized to be
ased from the selected provider of the Reserve Account Insurance Policy and
yment for such Reserve Account Insurance Policy is hereby authorized from Series
025 Bond proceeds. In furtherance thereof, the SEOPW CRA is hereby authorized to
enter into a Financial Guaranty Agreement for the Series 2025 Bonds (the "Guaranty
Page 14 of 15
SUBSTITUTED
Agreement") with such provider of the Reserve Account Insurance Policy and the
Executive Director is hereby authorized to execute and deliver such Guaranty
Agreement. SECTION 23. FURTHER AUTHORIZATIONS. The Chairwoman, the
Executive Director, the Finance Officer, the Clerk of the SEOPW CRA, the Aftorney o
the SEOPW CRA or any other appropriate officers of the SEOPW CRA are hereby
authorized and directed to execute any and all certifications or other instruments
documents required by the Master Resolution, the Preliminary Official Stateme
final Official Statement, this Resolution or any other document referred to abo
prerequisite or precondition to the issuance of the Series 2025 Bonds and
representation made therein by officers or representatives of the SEOPW
deemed to be made on behalf of the SEOPW CRA. All action taken to
officers of the SEOPW CRA in furtherance of the issuance of the Seri
hereby approved, confirmed and ratified, 20 SECTION 24. MODIFI
AMENDMENT. This Resolution may be amended and suppleme
as the Master Resolution, SECTION 25. CONFLICTS REPEAL
conflict or inconsistent with this Resolution are to the extent o
inconsistency hereby modified or repealed. SECTION 26.
Resolution shall become effective immediately upon its a
intentionally left blank
APPROVED AS TO FORM AND LEGAL SUFFICI CY
e Br ounsel 4/3 •25
Page 15 of 15
, the
as a
such
RA shall be
e by the
2025 Bonds is
TION OR
d to the same extent
. All resolutions in
uch conflict or
ECTIVE DATE. This
ption. [Remaining page
r'i
f V