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<br />I. <br /> <br />COVERAGE CERTIFICATE <br /> <br />. <br /> <br />The undersigned, Mayor of the City of Sunny Isles Beach, Florida (the "City") hereby <br />certifies as follows: <br /> <br />. <br /> <br />1) On the date hereof the City is issuing its $15,000,000 City of Sunny Isles Beach, <br />Florida Capital Improvement Revenue Bonds, Series 2010 (the "2010 Capital Improvement <br />Bonds"). The 2010 Capital Improvement Bonds are secured by a covenant of the City to budget <br />and appropriate from legally available Non-Ad Valorem Revenues (the "Available Non-Ad <br />Valorem Revenues"). <br /> <br />. <br /> <br />2) On November 30, 2001, the City entered into a loan in the original principal <br />amount of $10,320,000 made from a portion of the proceeds of the Florida Municipal Loan <br />Council Revenue Bonds, Series 2001A (the "2001 Loan"). On November 22, 2002, the City <br />entered into a loan in the original principal amount of $17,945,000 made from a portion of the <br />proceeds of the Florida Municipal Loan Council Revenue Bonds, Series 2002C (the "2002 <br />Loan"). On June 8, 2009, the City issued its $20,000,000 City of Sunny Isles Beach, Florida <br />Promissory Note (the "2009 Note" and collectively with the 2001 Loan and 2002 Loan, the <br />"Prior Debt"). The Prior Debt is also secured by Available Non-Ad Valorem Revenues. Section <br />3.02(b) of the Loan Agreement, dated as of June 8, 2009 (the "2009 Loan Agreement") between <br />the City and Bank of America, N.A., relating to the 2009 Note, provides that the City will not <br />incur any additional indebtedness payable from Available Non-Ad Valorem Revenues, unless (i) <br />the aggregate Available Non-Ad Valorem Revenues received by the City during the two fiscal <br />years most recently concluded prior to the incurrence of such debt equals or exceeds 300% of the <br />maximum annual debt service in the then current or any future fiscal year of the City on debt, <br />including the proposed debt, secured by and/or payable from such Available Non-Ad Valorem <br />Revenues (the "First Coverage Ratio"); and (ii) the maximum annual debt service requirements <br />in the then current or any future fiscal year of the City for all debt, including the proposed debt, <br />secured by and/or payable from Available Non-Ad Valorem Revenues will not exceed 20% of <br />governmental fund revenues (defined as general fund, special fund, debt service fund and capital <br />projects funds) of the City for the fiscal year most recently concluded prior to the incurrence of <br />such proposed debt, exclusive of (i) ad valorem revenues restricted to payment of debt service on <br />any debt and (ii) any debt proceeds (the "Second Coverage Ratio"). <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />2) The issuance of the 2010 Capital Improvement Bonds will comply with First <br />Coverage Ratio and with the Second Coverage Ratio, as shown in attached Exhibit "A". <br /> <br />Dated as of the 24th day of March, 2010. <br /> <br />. <br /> <br />CITY OF SUNNY ISLES BEACH, FLORIDA <br /> <br />,. <br /> <br /> <br />{M 1 887427_1 I <br /> <br />. <br />I <br />