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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-117"Temp.Reso. #6742" City of Tamarac, Florida Resolution No. R-94- / / % A RESOLUTION AMENDING RESOLUTION NO. R-90-278, ADOPTED BY THE COUNCIL OF THE CITY OF TAMARAC ON DECEMBER 19, 1990 TO DELETE THE REQUIREMENT THAT THE BONDS AUTHORIZED THEREIN SHALL BE MARKETED AND SOLD ONLY TO ACCREDITED INVESTORS AS DEFINED IN SECTION 517.011, FLORIDA STATUTES IN DENOMINATIONS OF NOT LESS THAN $100,000 AND TO DELETE THE REQUIREMENT OF A FEASIBILITY STUDY TO BE DELIVERED TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac (the "City") on December 19, 1990 adopted Resolution No. R-90-278 authorizing the issuance of not exceeding $12,000,000 City of Tamarac Revenue Bonds (Imperial Manor Corp. ACLF Project) Series 1990 (the "Bonds") for the purpose of loaning the proceeds of the Bonds to Imperial Manor Corp. (the "Company") to finance a "project" within the meaning of Part 11 of Chapter 159, Florida Statutes consisting of an adult congregate living facility (the "1990 Project") within the City; and WHEREAS, the Bonds have not been issued and the Project has not been constructed but Woodmont Gardens ("Woodmont") the developer of the land (the "Site") upon which the Project was proposed to be constructed and the Jewish Gerontological Caring Center of South Florida, Inc. (the "Corporation") a not -for -profit corporation propose to purchase the Site and construct an adult congregate living facility thereon (the "1994 Project") which will constitute a successor to but substantially a project the same as the 1990 Project; and WHEREAS, representatives of Woodmont and the Corporation have represented that investors bankers with whom they have consulted have advised that the Bonds required to finance the 1994 Project should be sold at a public offering rather than a private placement or limited public offering for the following reasons: 1. Stein Gerontological Institute ("SGI"), a division of the Miami Jewish Home and Hospital for the Aged at Douglas Gardens ("MJHHA" ), the owners and managers of the largest non-profit geriatric care facility in the United States, have indicated a strong demand among their residents for facilities such as the 1994 Project. 2. SGI and MJHHA are committed to expanding their operations into Broward County and have selected the Site for the 1994 Project. 3. SGI will manage the 1994 Project and SGI and MJHHA will plan and oversee the 1994 Project from design through completion of construction. QT \WIT.FEM\22M 1.3\07101/" "Temp. Reso. #6742" 11 4. A public offering will result in a lower interest cost on the Bonds than a private placement or limited public offering thus enhancing the cash flows and the financial feasibility of the 1994 Project; and WHEREAS, the City as a conduit issuer of the Bonds does not deem it necessary that it receive a feasibility study for the 1994 Project. WHEREAS, the Council has determined that based upon the findings contained herein Resolution No. R-90-278 should be amended to delete the requirement of a feasibility study to be delivered to the City and to delete the requirement that the Bonds to finance the 1994 Project shall be marketed and sold only to accredited investors in denominations of not less than $100,000; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC: Section 1. AMENDMENTS. Resolution No. R-90-278, passed and adopted and approved by the Council of the City of Tamarac on December 19, 1990 is hereby amended by deleting from Section 3 thereof and Section 9 thereof, respectively, the last sentence and the last subsection (d) which read, respectively: (a) "The Bonds shall be marketed and sold only to "accredited investors" as defined in Section 517.011, Florida Statutes, in denominations of not less than $100,000." (b) "(d) the, delivery of a feasibility study relating to the Project wherein the assumptions and conclusions are found to be satisfactory to the City and the City's financial consultant (to be appointed for such purpose)." Section 2. CONDUIT ISSUER. The City hereby declares that as a conduit issuer it will take no action to perform initial or continuing due diligence with respect to the Bonds on behalf of any purchasers or holders of the Bonds or for any other purpose whatsoever. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption, a PASSED AND ADOPTED AND APPROVED this day of , 1994. Orman Abramowitz Mayor -2- "Temp. Reso. #6742" �I li Attest: 2& —,A e -1-9 2 ��. Carol A. Evans City Clerk I hereby certify that I have approved this..Resolution as to form Mitchell S. Kraft, City Attorney 4T N-I TA.(f N323031.3\A7/01/" RECORD OF COUNCIL VOTE MAYOR ABRAMOWiTZ DIST. 1: VV / M KA TZ � DIST. 2: %:1 %� DW. 3: - 3 -