Reso 2010-1538-1 - Laserfiche WebLink

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. SIGNATURE AND NO LITIGATION CERTIFICATE . We, the undersigned, DO HEREBY CERTIFY as follows: 1. We did heretofore cause to be officially documented the $15,000,000 Capital Improvement Revenue Bonds, Series 2010 of the City of Sunny Isles Beach, Florida (the "City") dated March 24,2010 (the "Bonds"). . 2. Norman S. Edelcup, Mayor of the City, has executed the Bonds by his manual signature, and the Mayor was on the date his signature was placed on the Bonds and is now the duly appointed, qualified and acting Mayor of the City. . I I I I ,(I I I I 3. We have caused the official seal of the City to be imprinted on the Bonds, and Jane A. Hines, City Clerk of the City, caused such seal to be attested by her signature, and said Jane A. Hines was on the date her signature was placed on the Bonds and is now the duly appointed, qualified and acting City Clerk of the City. 4. The seal which has been impressed on the Bonds and upon this certificate is the legally adopted, proper and only seal of the City. . 5. The City Commission, by Ordinance No. 2010-343 adopted on March 18, 2010 and Resolution No. 2010-1538 adopted on March 18, 201 0 (collectively, the "Bond Ordinance"), has authorized the issuance of the Bonds and the execution and delivery of the Loan Agreement, dated as of March 24, 2010 (the "Loan Agreement") between the City and SunTrust Bank, and said Bond Ordinance has not been modified or amended since the date of such adoption. . 6. The City has complied with all of the agreements and satisfied all conditions on its part to be performed or satisfied at or prior to delivery of the Bonds and the Loan Agreement. 7. No approval, authorization, consent or other order of any public board or body which has not heretofore been obtained is required for the issuance and delivery of the Bonds or the execution and delivery of the Loan Agreement. . 8. No litigation or other proceedings to which the City is a party are pending, or, to our knowledge, threatened, in any court or other tribunal of competent jurisdiction, state or federal, in any way (a) restraining or enjoining the issuance, sale or delivery of the Bonds or the execution and delivery of the Loan Agreement, (b) questioning or affecting the validity of the Bond Ordinance, the Bonds or the Loan Agreement or the covenant of the City to budget and appropriate from legally available Non-Ad Valorem Revenues of the City amounts sufficient to pay the principal of and interest on the Bonds, as provided under the aforesaid documents, (c) questioning or affecting the validity of any proceedings for the authorization, sale, execution, issuance or delivery of the Bonds or the execution and delivery of the Loan Agreement, (d) questioning or affecting the organization or existence of the City or the title to office of the officers thereof, (e) questioning or affecting the power and authority of the City to issue the Bonds or to execute and deliver the Loan Agreement, or (f) materially adversely affecting the . I I I . I {M 1886561_2} .