Resolution 2014-218 RESOLUTION 2014- 21 8
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING
$17,700,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-
FAMILY HOUSING REVENUE BONDS, (WHISTLER'S GREEN APARTMENTS
PROJECT) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS
AMENDED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals. It is hereby found,ascertained,determined and declared that:
A. The Housing Finance Authority of Collier County(the "Issuer") is a public corporation of
the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of
Collier County, Florida, and is a body corporate and politic duly created and existing as a local
governmental body and a public instrumentality for the purpose of assisting qualifying housing projects
situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida
Statutes,(the "Act"),to provide for the issuance of and to issue and sell its obligations for lawful purposes
under the Act.
B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution
2014-02 (the "Authority Resolution"),attached hereto as Exhibit A, with respect to the issuance by it of
not to exceed $17,700,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds,
(Whistler's Green Apartments Project)(the"Bonds").
C. A public hearing was held on the Authority Resolution on September 24, 2014, which
public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice
being attached as Exhibit"A"to the Authority Resolution,and at such hearing interested individuals were
afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the
location and nature of the proposed project and to the issuance of the Bonds.
D. The Issuer has recommended and requested that the Board of County Commissioners
approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income
taxation under applicable provisions of Section 147(a)of the Internal Revenue Code of 1986, as amended.
E. The Authority Resolution shows that the Issuer has acted in accordance with all
applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes
as provided in the Act.
F. The purpose of the Act will be effectively served, and it is necessary and desirable and in
the best interest of the County that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board
of County Commissioners, officers, agents or employees, or the State of Florida or any political
subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith
and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision
thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No
member of the Board of County Commissioners of Collier County or any officer, agent, or employee
thereof shall be liable personally on the Bonds by reason of its issuance.
(I)
Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by
the Authority Resolution is hereby approved, however this approval shall in no way be deemed to
abrogate any regulations of the County and the project contemplated by this resolution shall be subject to
all such regulations, including,but not limited to,the County's Growth Management Plan, all concurrency
requirements contained therein,and the Collier County Land Development Code.
Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to
the extent of such conflict,are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS1144 %day of October,2014.
(SEAL)
ATTEST: BOARD OF COUNTY OMMISSIONERS
Dwight E. Brock,Clerk OF COLLIE' • OUNT , FLORIDA
By: V& ' i
' o t B • _
Deputy,Clerf T�
Tom Hennin_,Chai
Attest as to Chairman
signature only.
Ap roved as. .),tfo2n and legality:
If 4-41-•
Scott R. Teach
Deputy County Attorney
(2)
2014-0A-•
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY,FLORIDA,RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $17,700,000 MULTIFAMILY
HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING,REHABILITATING, AND EQUIPPING MULTIFAMILY
RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF
LOW, MIDDLE OR MODERATE INCOME;AND FURTHER AUTHORIZING
THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND
BETWEEN THE AUTHORITY AND NAPLES LEASED HOUSING
ASSOCIATES II, LLLP; PROVIDING AN EFFECTIVE DATE.
WHEREAS,Naples Leased Housing Associates II,LLLP, a Florida limited liability
limited partnership(the "Company")has applied to the Housing Finance Authority of Collier
County,Florida(the "Authority"),to(i)issue its multifamily housing revenue bonds in a
principal amount not to exceed$17,700,000(the "Bonds")for the purpose of financing the
acquisition,construction,equipping and rehabilitation,of multifamily residential housing
facilities for persons or families of low,middle or moderate income to be located in Collier
County (the"Project"), and(ii)to loan the proceeds of the Bonds to the Company pursuant to
Chapter 159,Part IV, Florida Statutes,or such other provision or provisions of Florida law as the
Authority may determine advisable(the "Act"); and
WHEREAS,a determination by the Authority to issue the Bonds under the Act,if so
requested by the Company, in one or more issues or series not exceeding an aggregate principal
amount of$17,700,000 and to loan the proceeds thereof available to finance the Project under a
loan agreement or other financing agreement which will provide that payments thereunder be at
least sufficient to pay the principal of and interest and redemption premium, if any,on such
Bonds and such other costs in connection therewith as may be incurred by the Authority,will
assist the Company and promote the purposes provided in the Act; and
WHEREAS,the Company has entered into the Preliminary Agreement of even date
herewith relating to the issuance of the Bonds; and
WHEREAS,the Authority held a public hearing on the proposed issuance of the Bonds
for the purposes herein stated on the date hereof,which public hearing was conducted in a
manner that provided a reasonable opportunity for persons with differing views to be heard,both
orally and in writing, on both the issuance of such Bonds and the location and nature of the
portion of the Project to be financed with the proceeds therefrom.
WHEREAS,it is intended that this Resolution shall constitute official action toward the
issuance of the Bonds within the meaning of the applicable United States Treasury Regulations.
IT IS,THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING
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EXHIBIT A TO COUNTY RESOLUTION
FINANCE AUTHORITY OF COLLIER COUNTY,FLORIDA,THAT:
1. Approval of the Project. The acquisition,construction, equipping and development of
the Project and the financing thereof by the Authority through the issuance of the Bonds,
pursuant to the Act,will promote the health and welfare of the citizens of Collier County and
will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman
of the Authority hereby are authorized and directed to execute, for and on behalf of the
Authority,the Preliminary Agreement of even date herewith between the Authority and the
Company providing understandings relative to the proposed issuance of the Bonds by the
Authority to finance the Project in an aggregate principal amount not to exceed the lesser of(a)
$17,700,000, or(b) the cost of the Project, as determined by the Authority.
3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority
hereby determines to issue the Bonds, if so requested by the Company and subject to the
conditions set forth in the Preliminary Agreement of even date herewith, in one or more issues or
series in an aggregate principal amount not to exceed$17,700,000 for the purpose of financing
the Project described in such Preliminary Agreement. The Bonds shall be designated "Housing
Finance Authority of Collier County Multifamily Housing Revenue Bonds Series 2014
(Whistler's Green Apartments)"or such similar designation or Series date as the Authority may
deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by
law.
4. Recommendation for Approval to Board of County Commissioners. The Authority
hereby recommends the issuance of the Bonds and the financing of the Project for approval to
the Board of County Commissioners of Collier County(the "Board"). The Authority hereby
directs the Chairman,Vice-Chairman or Issuer's Counsel,either alone or jointly,at the expense
of the Company,to seek approval for the issuance of the Bonds and the fmancing of the Project
by the Board as the applicable elected representatives of Collier County under and pursuant to
the Act and Section 147(f)of the Internal Revenue Code of 1986, as amended.
5. General Authorization. The Chairman,the Vice-Chairman, the Secretary and counsel
for the Authority hereby are further authorized to proceed,upon execution of the Preliminary
Agreement,with the undertakings provided for therein on the part of the Authority and are
further authorized to take such steps and actions as may be required and necessary in order to
cause the Authority to issue the Bonds subject to the terms and conditions set forth in the
Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative action of the Authority toward the
issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable United States Treasury
Regulations.
7. Approval of Notice of Public Hearing. The form of notice of public hearing attached
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hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority.
8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A.,
Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the
Authority of the Bonds. The firm of Donald A. Pickworth, P.A.,Naples, Florida is the duly
appointed Issuer's Counsel.
9. Limited Obligations. The Bonds and the interest thereon shall not constitute an
indebtedness or pledge of the general credit or taxing power of Collier County,the State of
Florida or any political subdivision or agency thereof but shall be payable solely from the
revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into
by and between the Authority and the Company prior to or contemporaneously with the issuance
of the Bonds.
10. Limited Approval. The approval given herein shall not be construed as an approval of
any necessary zoning applications nor for any other regulatory permits relating to the Project and
the Authority shall not be construed by reason of its adoption of this resolution to have waived
any right of the County or estopped the County from asserting any rights or responsibilities it
may have in that regard.
This Resolution shall take effect immediately.
ADOPTED this 24th day of September, 2014.
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
s.
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By: •= - Ldier
Chai ► an 17
ATTEST:
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By: � � , •
rondo ecretary
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NAPLES DAILY NEWS i G�, _:
Published Daily # t Il . . e=^'" •" .4
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Naples,FL 34110 k : 1.. ,, • , zur` , 4.at�, , �' , .-
Affidavit of Publication The ! `z ' . .
of..Cb ^t1 Ana '
State of Florida . 'ad ,, 1_ ,„ +.
Counties of Collier and Lee the
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'+sAuthority at,11l th.K. , Au `` r.
Before the undersigned they serve as the authority, personally ,, ; Ali ;lea 1 , e dr a,t
appeared Daniel McDermott,who on oath says that he serves as o i` a J ,.t.'-',,,
commanrsto. ,� F .�' ,xr
Inside Sales Manager of the Naples Daily News, a daily 'I_ i of olllercoumy
newspaper published at Naples, in Collier County, Florida; 1
distributed in Collier and Lee counties of Florida;that the .
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attached copy of the advertising,being a -hearing, h t of ,. a •j. pdepon
Y c� "#' 4 r thn'record of'.. p ,made,
records .�e upon-which th a r base,�l.
PUBLIC NOTICE spec) : ? """' '' -r` r+l . o
Fir 1 tz ., l� ark:`~ d.yst
in the matter of PUBLIC NOTICE
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�Gh�7iiiialda"'`'arid •..'eD �n i.c• `'� �, t �'.
was published in said newspaper 1 time in the issuer " r
on September 9,2014. r �`, °"e `'
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement;and afiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
(Signature of affiant)
Sworn to and subscribed before me at4 Notary public State of Flonda
This 23rd day of September, 2014 ;"7 41 Susan D Flora
My Commission FF 040250 or Of
ELL,.. ...1 ..„._11
Expire'07/20/2017
(Signature of notary public)
EXHIBIT A TO AUTHORITY RESOLUTION