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96-058 RESOLUTION NO. 96-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING THE $10,000,000 SHORT-TERM BANK LOAN/LINE OF CREDIT REQUEST FOR PROPOSALS TO BARNETT BANK, N.A. IN ACCORDANCE WITH THE ATTACHED PROPOSAL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE SPECIFIC TERMS OF THE ASSOCIATED CONTRACTS AND DOCUMENTS SUBJECT TO FURTHER CITY COUNCIL APPROVAL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Ordinances of the City of Aventura, properly solicited and accordingly accepted Request For Proposals for the $10,000,000 short-term bank loan/line of credit; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Request For Proposals; and WHEREAS, staff and the City's Financial Advisor, Rausher Pierce Refsnes, Inc., has recommended that the loan/line of credit be awarded to Barnett Bank, N.A., who has submitted the lowest responsible and responsive cost proposal; and WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of authorizing the negotiation of specific terms of the associated contracts and documents of the short-term bank loan/line of credit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA THAT: Section 1: The City Council hereby awards the $10,000,000 Short-term Bank Loan/Line Of Credit Request For Proposals to Barnett Bank, N.A. in accordance with Resolution No. 96-58 Page 2 the attached proposal and subject to the negotiation and finalization of the appropriate documents. Section 2: The City Manager is hereby authorized to negotiate specific terms of the associated contracts and documents subject to further City Council approval. Section 3: The City Manager is hereby authorized and requested to take ail necessary and expedient action to carry out the aims of this Resolution. Section 4: This Resolution shall be effective immediately upon its adoption and the enactment of the Ordinance authorizing the issuance of not to exceed $10,000,000 of debt. Rogers- The foregoing Resolution was offered by Councilmember Liber~, who moved its adoption. The motion was seconded by co~ci~r Perlow,and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg 7es Councilmember Jeffrey M. Pedow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder absent PASSED AND ADOPTED this 3rd day of DecemSer ,1996. TERESA M. SMITH CMO CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY B;Imett Bank, N.A. Miami. F~a 33131 In--al ~ng M~r No~ 19, 1996 Fimm~ Director City ~ Av~ 2999 ~.~, 191 S~ - S~ 500 A~ ~o~ 33180 ~: $10,000,000 ~ for ~ No~ 18, 1~6, ~ pl~ ~ ~ a~p~ v~o~ ~os ~: A) ~-y~ ~ ~ f~ ~10,0~,0~: 4,$~% ~ ~. ~) ~,~ ~ ~d~ st ~ end of ~ ~ ~ ~ ~ o~o~ N~r S~ you ~ ~ ~ c~ pl~ ~ P~ S~ V~ ~ CITY OF AVENTURA $10,000,000 REQUEST FOR PROPOSAL Name of Financial Institution: Barnett Bank, N.A. Address: 701 Briekell Avenue Miami, Florida 33131 Telephone: (305) 350-7085 Contact Name: Roberto Pelaez Title: Senior Vice President Institutional Banking Barnett Bank, N.A. South Florida 701 Brickelr Avenue Miami, Florida 33131 305/350-7085 - ,- Fax 350-7005 Roberto Pelaez Senior Vice President Institutional Banking Manager November 18, 1996 Mr. Eric M. Soroka City Manager City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 Re: $10,000,000 Request for Proposal Dear Mr. Soroka: Barnett Bank, N.A. is pleased to submit the following proposal in response to the above referenced RFP. Borrower: City of Aventura Amount: $10,000,000 Purpose: To finance the acquisition of land for a park, a Government Center, and a police station within the City limits. Pricing/ 4.354% Tax-Free Fixed Tax-Free Coupon Rate The above rate is expressly subject to this transaction being designated a "Qualified Tax-Exempt Obligation" as defined under Section 265 of the Internal Revenue Code. The Bank will include appropriate gross-up provision language. Term/Maturity: 3 years / December 30, 1999 The Bank is willing to extend this facility for an additional year. The interest rate and terms will be negotiated at the time the request is made. Eric M. Soroka City of Aventura November 18, 1996 Page 2 Conditions: 1) Borrower to provide annual financial statements within 120 days of fiscal year end. 2) Borrower to provide copy of annual approved budget. 3) Pledge of Municipal Utility Taxes as provided by Ordinance 96-03 of the City of Aventura, Florida, upon the purchase in the City of electricity, water, metered gas, bottled gas, coal, fuel oil, and telecommunications service. 4) Resolution by City to budget and appropriate principal and interest payments as well as other expenses in the event they are not covered by repayment sources. 5) Debt service coverage of 1 to 1 from the utility taxes. 6) The facility will be closed by outside counsel. We have been advised that the total cost will be between $2,500 and $3,000, unless there are substantial deviations from the terms and conditions set forth in this letter. Repayment Terms: Interest: Semi-Annually Principal: Annually Attached is Amortization Schedule of payments indicating the principal and interest portion of the debt service requirements for the bank loan. Our obligation is subject to final credit approval which we expect two weeks after your decision. Also, the above mentioned credit facility will be subject to the satisfactory preparation, execution and delivery of documentation in form and substance satisfactory to the Bank, including but not limited to the terms set forth above. All costs incurred by the Bank in this closing will be paid by the City of Aventura. We appreciate the opportunity to bid on this facility and look forward to your decision. Sincerely, Roberto Pelaez ~ Senior Vice President Manager, Institutional Banking Enclosure This is our standard groseup language. Specific wording will be subject to our outside counsel. The interest on the Note is excludable from the gross income of the Noteholders for federal income tax purposes and is not an item of tax preference described in Section 57 of the Code for purposes of the federal alternative minimum tax imposed on individuals and corporations. It is to be noted that with respect to certain corporations, such interest may be required to be taken into account in determining adjusted net book income for purposes of calculating the alternative minimum taxable income of such corporations. The opinions expressed in the first sentence of this paragraph are conditioned upon continuing compliance subsequent to the issuance of the Note by the Issuer with various covenants contained in the Note Documents, including, without limitation, their covenants to comply with applicable requirements of the Code necessary in order to preserve the exclusion of interest on the Note from gross income for federal tax purposes. Failure by the Issuer to comply with these requirements could cause the interest on the Note to be includable in gross income for federal income tax purposes retroactive to the date of issuance of the Note. Other provisions of the Code may give rise to collateral federal income tax consequences (which may be adverse) to particular Noteholders. This opinion is limited to matters expressly addressed above and no opiaion is expressed in this letter regarding other federal tax consequences that may arise due to ownership of the Note. City of Aventura File: Aven_Amo. wk4 Amortization Schedule S Hamish 11/15/96 Pnncipal annually; 1st payment 12/30/97 Amount: $10,000,000 Interest semiannually; 1st payment 6/30/97 Rate: 4.354000% Per year Limit on year 1 payments = $3,840,000 0.011929% Per day; 365 day year -' -Principal Days to next Interest Payment Payment Funding interest accrual due amount due date (Payment) payment this tranche Balance Year 1 1st funding 12J30/96 3,300,000.00 182 71,644.18 2nd funding 1/15/97 2,755,000.00 166 54,553.83 3rd funding 2/1/97 3,000,000.00 149 53,321.59 4th funding 6/1/97 945,000.00 29 3,269.08 Total funding = Balance 6/30/97 10,000,000.00 Interest through 6/30/97 182,788.67 (182,788.67 6/30/97 Interest 7/1/97 through 12/30/9T 183 218,296.44 (218,296.44 12/30/97 Principal payment 12/30/97 (3,078,914.89) (3,078,914.89 12/30/97 Balance 1 2/30/97 6,921,085.11 Total payments year 1 (3,480,000.00 Year 2 Balance 12/30/97 6,921,085.11 Interest 12J31/97 through 6~30/98 182 150,259.22 (150,259.22 6~30~98 interest 7/1/98 through 12/30/98 183 151,084.82 (151,084.82 -12/30/98 Principal 12/30/98 (3,460,542.56) (3,460,542.56 12/30/98 Balance 12/30/98 3,460,542.56 Total payments year 2 (3,761,886.60) Year 3 Balance 12/30/98 3,460,542.56 Interest 12/31/98 through 6~30~99 182 75,129.61 (75,129.61) 6/30/99 Interest 7/31/99 through 12/30/99 183 75,542.41 (75,542.41) 12/30/99 Principal 12/30/99 (3,460,542.56) (3,460,542.56) 12/30/99 Balance 12/30/99 0.00 Total payments year 3 (3,611,214·58) Reconciliation Principal Interest Total Tota~ funding 10,000,000.00 10,000,000.00 Principal paid (10,000,000.00) Total interest 853.101 18 853,101.18 6 Interest paid (853 401 18) Payments paid ¢0,853 101 18) 000 ;~r: 0 O0 List of Financial Institutions to Receive RFP for Financial Institutions with Office~ in ~e Do~ D- T~haw F~ E. ~, 3r. L~ ~sse Fed~ Uffit~ National ~nk Bank 29~ Av~ Blv& 18201 N. Bi~a~e Blv& 18999 B~ca~c Blvd- A~FL 33180 Av~ 33160-25~ A~ 33180 (305) 931-23~ 005) 931-5~0 (305) 933-3222 (305) 935~379 005) 937-0118 F~ 00~ 933-3211 F~ ~e ~ S~ ~a~ Fh~ N~da Tso~l~ B~e~ B~-Av~mra ~ Hafion~ B~ Co~ Naflon~ B~ 19~ Bi~y~ Blvd. 2875 N.E. 191~ S~ 20801 Bis~a~e B~d. Av~ 331804315 Av~ 3~lg0 Av~ 33180 (305) 899~100 005) 692-5100 (305) 651-7110 (305) 931-~985 F~ 005) 692-~ F~ (305) 933-1617 Sa~ S~ M~e Bl~g T~ S~ U~ Nafiou~ Bsak Gr~t W~te~ ~k Jeffe~on B~nk 17701 BB~e B~& 19495 Bisca~c BI~. 3560-B My~c Pointe Av~ ~ 33180 Av~a,~ 33180 (305) 957-~6~ (305) 933~206 Av~ ~ 33180 (305) 9~7-2078 F~ (305) 933~107 F~ (30~) 933-1516 l~e ~c~c ~nd ~ H~iet Kob~ Nafio~ No.hem T~ B~k Repub~C Nafio~ 2~95 B~e Blvd. 3~1 A~ Blv& 29~ A.~t~ Blvd. (305) 935~ (305) 9M-2~0 (305) 93l~700 (~05) 931~18 F~ (30~ 931-5~8 F~ (305) 9~6-091t F~ Sa~ of~ T~r~ Sa~gs & ~ 3050 A~ B~. 19~7~ B~ Blv~ Av~ 331~0 Av~FL (305) 932~ (305) ~05) 93~67~ F~ (305) 931~148 F~ P,,AUSCHBR PIERCE REFSNES, INC. ttochment Financial In~Rutions with Offices Out.~de th~ ~ ~ ~ ~ ~ ~ ~ Pat Morris Trm Foley Carlos E,sohave Citib~n~ ITu'st Union National Bank First Union National 8750 Doral Blvd- 200 $. Biscayne Blvd., 15 Fl. Bauk IVllaml; FL 33178-2402 Miami, FL 33131 200 $. Biscayne Blvd. (305) 599-5837 (305) 789-5034 Miami, FL 3313t 005) 599-5520 Fax (305) 7894809 Fax 005) 7894664 (305) 7894902 Fax Marie Donowlt~ phyllis gleald Fxlward C. Haynes 1%101~1 M]~ml ]~4~C[1 O(~lnmark Bank Skylake State Ba~k 195 Federal Credit Un'on 3845-49 N.E. 163rd Strcc't 1550 NE Miami ~s 1001N. Federal Highway N. Miami Beach, FL 33160 Dr. l~allandale, FL 33009 005) 9~0-6275 N. Miami Beach, FL (954) 4549898 005) 949-3361 Fax 33179 (954) 454-9807 Fax (305) 945-1800 (305) 944-7107 Fax Tony Nobos SnnTrn$t B~nu 9600 Coiling Avenue Miami B~agh, FL 33154 (305) 868-2680 (305) 868~2646 Fax RAUSCHE. R PIERCE REFSNES, INC. Attochment R~herto Pelaez D~iel D~ny~ Tyler K~ ~ B~ No~he~ T~t ~e Fj~ B~ L~ted 701 Bfic~H Argue 50 ~le ~B- 12) ~ ~e~ve (305) ~51-7085 (3~2) 63~8~8 ~ 3~ (305) 350-7~5 F~ (312) ~ ~78 F~ ~, FL 33131 (305) 37~6 (305) 381-8338 Fax Ms. Terry Ooodson Tom T~ele First Union Nutional Bank S~mRank/Miami, N_A- Goverameat Banking Corpor~ Banking Division 77 F~st Camino Real 777 Brickell Avenue Boca Rato~ FL 33432 Miami. FL 33131 O61)338-6050 (305)579-7154 (561)338-3959 Fax (305)579-7173 Fa~x KAUSCHER PIERCE REFSNES, INC. Attuchment . _/ RAUSC~F.R HERC£ REFSNF. S, INC, Percy ~ A~, Sr. Via Facsimile- $05/406.8959 TO: Harry Kilgore Director Finance Support Services FROM: Percy IL Aguila, Ir. Financial Advisor DATE: November 20, 1996 RE: Evaluation of Proposals for $10,000,000 Bank Loan/Line of Credit The city received six (6) proposals in response to the RFP that was issued on November 12, 1996 for a $10,000,000 Bank Loan/Line of Credit. The six proposals were received from thc followia8 financial institutions: ~ Barnett Bank, ~ First Union National Bank of Florida* ~ Northern Trust Bank* * ~ Skylake State Bank ~ SunTrusl Bank, Miami, N.A. ~ United National Banks* This proposal was received via facsimile and it is unclear whether the proposal made the 1:00 p.m. deadline of submission of proposals. This proposal was received after the 1:00 p.m. deadline for submission of proposals. Miami Cenl~r · 201 S. Biscayne Boulevard, Suite 830 · Miami, Florida 33131 · (305) 57%4400 · FAX (305) 5774838 Member Ne~ Yorlc Stock Exchange. Inc Based on the interest rotes and fees that were submitted by each of the financial institutions for a bank 10an that is ore-oavable anv, Jme and without Denalty, the proposals would be ranked as follows: - ~ Fees/Closinn Costs Barnett Bank 4.354% $ 3,000 SunTrust Bank, lVfiami, N.A. 4.58 36,000 First Union National B mdc of Florida 4.78 Skylake State Bank 4.96 82,000 United National Bank 6.00 Northern Trust NA (1) _ (1) Cannot be calculated due to lack of information regarding the imtial interest rate and the proposed interest rote index for fumm loan draws. The Barnett Bank proposal assumes ~ amortization of the $10 million borrowed by the City within the 3-year term of the loan. The SunTrust Bank proposal assumes amortization of the $10 million until the 3-year term of the loan comes due. As a result of the different assumptions upon which each of these two proposals highest ranked were based, we cannot determine at this time which proposal will provide the most cost effective loan to the City under an interest-only structure. Accordingly, we are recommending that the City request clarification from Barnett Bank as to what is the interest rate that would be applicable if the loan is structured as an interest-only loan through the three-year term. We are also recommending clarification fi`om Barnett Bank due to the fact that their proposal offer the City the lowest upfront/elosing fees and includes covenants and provisions to the loan documents that are the most beneficial to the City. RAUSCHER PIERCE REFSNES, INC. Attachment RAUSCHER PIERCE REFSNES, INC. Via Facsimile - $05/4~6-8~39 MEMORANDUM TO: Harry Kilgore Director F~nce Support Services Percy R. Aguila,~ . FROM: Financial Adviso~ DATE: November 21, 1996 RE: Evaluation of Proposals for $ I0,000,000 Ba. le Loon/Line of Credit Based on thc proposals received by thc City pursuant to thc RFP for a $10,000,000 Bank Loan/Line of Credit, we are re~)mmcndlng selection of the proposal from ]~ltl211lL~]~ as the winning bid. The Barnett Bank, N.A. proposal provides ~e City the lowest interest rate a~d the lowest closing costs associated with the financing. In addition, the loan requirements and covenants requested by the bank provide the City the most beneficial terms and conditions as comparcA to those requested by the other financial i~rtitutions. It is our understanding that the City's award of the bank loan is scheduled for the City Commission meeting of December 3, 1996. In this regard, it would be appropriate to request Barnett Banlc to proceed ~ith credit ,xnderwrigng for purposes of prow'ding the City a firm commitment by the December 3, 1996 meeting. Miami Center · 201 S. Bisc. ayae Boulevard, Suite 830 · Miami, Florida 33131 - (305) 577-a400 · FAX (305) 5774838 HmTy Kilgo~e Novm mmcamem,. Page- 2- Back~onnd ~e propos~ we ~ recomm~d~g ~m B~e~ B~ reflecto ~ ~te~t rote of 4.~8% ~d a ~c~ ~ is b~d on mt~t~ffiy ~u~ ~c 3-ye~ te~ of ~e lo~. ~ ~on, B~eR BanV is off~g ~ C~ ~ ~t~est ~te of 4.57% s~ct~ wi~ pr~cip~ ~o~fion of $5~,~ ~ ~ch of ye~ one ~d ~o. (S~ ~closed 1~ ~t~ Nov~b~ 19, 1~6 ~m B~eR B~). B~eR B~ ~so p~osed W ~ ~W ~ ~t~ rate of 4.354% for a y~. B~ of humor comets ~ ~e n~ for flexibiliW long-te~ ~c~ pl~, a ~ly-~o~ng 1o~ is not ~mm~d~ at ~is time. ~e ~[e below s,m~ how ~ B~cR B~ ~s~ compmes wi~ ~opo~ sub~ by S~T~ B~ Mi~i, N.~, w~ch we co~r ~e s~ond- r~nked propos~ s~mitt~ W ~e CiW. Clos~g C~ lnter~ ~d Up~out Fee Effe~ive Fe~ Ye~ 1 Y~ 2 Yg~ 3 To~ B~eRB~ 3,~0 421,904 458,000 458,~0 1,3~,904 4.590% S~Tmg B~ 36,0~ 421,904 458,000 45g,0~ 1~73,9~ 4.703% ~, for yo~ ref~ce, I ~ve set fo~ below how ~e ~ B~k propo~ comp~s ~o S~T~'s ~ ~p~ to ~fic cov~ants ~ ~n~o~ ~at would ~ve ~ ~ m~ befog ~o iss~ of a~o~ Debt Se~ee Coverage Ratio B~eR B~n~ 1.0 to 1.0 - From PI~ U~ty R~ues S~T~t B~ 1.4 to 1.0 -Fmm Pl~g~ U~W R~v~nu~s B~ B~ No Rcq~cm~nt S~Tmst B~ ~low~ if Debt S~ce Cov~age ~fio is 1.15 to 1.00 Enclosure RAUSCHER PIERCE REFSNES, INC. Attachment! Barnett Bank, N.A. 8ou~h F~oTid8 Miami, F~a 33131 30~7~ In~a~ B~n~ M~r No~ 19, 1996 M:. Harry M, Finance Director Ci~7 of Av~ 2999 N.R. ~91 S~ - S~m 5~ Av~ ~o~ 33180 ~: S10,000,000 ~e~ ~t ~ P~s~t m yo~ r~u~ ~ P~ A~'s ~e~ No~b~ 18, I~6, ~ pl~= ~d ~ ~p~ v~o~ ~os t~: A) ~ee-y~ ~ ~Y f~ $10,000,0~: 4.~8~ ~ t~. B) $~,0~ ~P~ ~ydo~ at ~ end of ~ due; ~ - ~ ra~: 4,5~. ~ ~ ~ ~ ~ of o~ N~= l S~d you ne~ ~ ~= c~c~on, ple~ c~ mc ~ ~50-~08~. ' ' S~Sy, cc: P=cy A~a