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Agenda 06/14/2011 Item #16K3 . . . 6/14/2011 Item 16.K.3. EXECUTfVES~RY Request by the Housing Finance Authority of Collier County for re-approval of a resolution authorizing the Collier Authority to participate in the Lee County Housing Finance Authority to issue single-family mortgage revenue bond program to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. OBJECTIVE: To accomplish the necessary approvals to re-approve participation in the Lee County Housing Finance Authority issue single-family mortgage revenue bond program. This program is used to originate mortgage loans to qualified buyers of single family homes in participating counties, including Collier County. The approval will re-authorize use of the bond proceeds for mortgages in Collier County and authorize the Housing Finance Authority of Collier County to enter into an interlocal agreement with the Lee Authority to allow participating lenders to originate loans in Collier County. CONSIDERATIONS: For several years the housing finance authorities of the various counties in southwest Florida have been cooperating in certain low to moderate income housing programs to maximize the benefits to all participating 'counties. The Housing Finance Authority of Collier County (the "Collier Authority"), with the approval of the Board of County Commissioners, has participated in this program for several years. One of these programs has been the single family mOltgage revenue bond program run by the Lee County Housing Finance Authority, and originally approved for Collier participation by the Board in 2007 by Resolution 2007-240 (copy attached). The program works as follows: Participating lending institutions in southwest Florida subscribe to originate loans under the program. The Lee Authority then issues (and in this case also re-issues) mortgage revenue bonds to create a pool of funds from which mortgages can be originated. Buyers apply to the participating institutions for mortgages, and if the buyer qualifies for a bond pool mortgage the loan is originated from the pool. These mortgages generally carry interest rates that are lower than comparable mortgages. The participating institutions have offices throughout southwest Florida, and therefore Collier County needs to palticipate in order for these institutions to offer the program to Collier residents. The success of these programs is often dependent on the extent to which mortgages under these programs have better tenTIS than mortgages under other programs the paIticipating banks have available. The 2009 Lee bonds, which were covered by the approval w1der Resolution 2007-240, are being re-structured and extended, and bond counsel believe that the 2007 Authority and BCC approvals need to be re-approved. The Lee Authority believes that the proposed program will be well-used, given the difficulties for qualified buyers to obtain mortgages in the current market. While the program limitations, which are set by federal tax law, contain restrictions that make the demand for mortgages under this program in Collier County smaller than the demand in some of the other southwest Florida counties that pmticipate, neveltheless past experience under these programs has shown that there Packet Page -2005- . . . 6/14/2011 Item 16.K.3. is a small but steady number of qualified applicants in Collier County who use this program. It is not economically feasible for the individual housing finance authorities in the various counties to issue bonds for this purpose. On the other hand, a program administered by the Lee Authority in which any of the counties in the region that desire can participate offers the economies of scale. This is particularly true in southwest Florida, where the participating lending institutions have branches in all of the counties, in the region. There is no cost or obligation to either the County government or the Authority for participation in the program. The only requirement is that Collier County must authorize the continuing participation by Collier County in this program in order for the participating institutions to originate these mortgages in Collier. In order to do this, the Board of County Commissioners must adopt a resolution authorizing the bonds and the interlocal agreement between the Lee and Collier Authorities. As are all mortgage revenue bonds, these bonds are based on payments from mortgages originated under the program and are not obligations of the Authority or the County. There is no pledge of any taxes, nor a pledge of any revenues except the mortgage payments. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use and concurrency regulations. FISCAL IMP ACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for Board approval-SRT. GROWTH 'MANAGEMENT IMP ACT: The adoption of the attached resolution will assist in providing affordable housing in Collier County. RECOMMENDATION: The Board of County Commissioners adopt the attached resolution authorizing the Collier Authority to paliicipate in the Lee County Housing Finance Authority to issue single-family mortgage revenue bond program to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. Prepared by: Donald A. PickwOlih, Counsel Housing Finance Authority of Collier County Attachment: Resolution Packet Page -2006- 6/14/2011 Item 16.K.3. . COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3. Item Summary: Request by the Housing Finance Authority of Collier County for re- approval of a resolution authorizing the Collier Authority to participate in the Lee County Housing Finance Authority to issue single-family mortgage revenue bond program to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. Meeting Date: 6/14/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attomey 5/17/2011 4:00:38 PM . Approved By Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 5/25/2011 2:00:45 PM Name: GreenwaldRandy Title: ManagementlBudget Analyst,Office of Management & B Date: 5/27/2011 8:12:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/27/2011 11 :49: 16 AM Name: OchsLeo Title: County Manager Date: 6/1/2011 11:55:53 AM . Packet Page -2007- 6/14/2011 Item 16.K.3. . RESOLUTION 2011- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE HOUSING FINANCE AUTHORITY OF LEE COUNTY TO OPERATE WITHIN THE BOUNDARIES OF COLLIER COUNTY; AUTHORIZING THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TO ENTER INTO AGREEMENTS WITH THE HOUSING FINANCE AUTHORITY OF LEE COUNTY REGARDING SUCH AUTHORITY'S SINGLE FAMILY HOUSING REVENUE BONDS TO PROVIDE FUNDS TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS IN VARIOUS COUNTIES WITIDN THE STATE OF FLORIDA, INCLUDING COLLIER COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes, as amended (the "Act") authorizes counties to create housing financing authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and . WHEREAS, pursuant to the Act, the Board of County Commissioners of Collier County, Florida has found there exists a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in Collier County and did accordingly create the Housing Finance Authority of Collier County (the "Collier Authority"); and WHEREAS, the Housing Finance Authority of Lee County (the "Lee Authority") has authorized the issuance of not exceeding $99,000,000 single family housing revenue bonds, including its Single Family Housing Revenue Bonds (GSE Program - Multi- County), 2009 Series A (the "Lee Bonds") to provide financing of qualified owner- occupied single family residences to alleviate the shortage of housing in various counties within the State of Florida, including Collier County, and other participating counties in Florida (collectively, the "Counties") by acquiring certain loans or securities backed by mortgage loans originated by lending institutions to finance the purchase of single family, owner occupied houses for low, moderate or middle income persons or families in the Counties; . WHEREAS, the Collier Authority conducted a public hearing, notice of which hearing was published on May 2,2011, in the Naples Daily News (a copy of which notice is attached as Exhibit "A" to the Authority Resolution as defined herein) on May 16, 2011, for the purpose of considering participation in the Lee Bonds issued or reissued by the Lee Authority in the aggregate principal amount not to exceed $99,000,000 in conformance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. Said public hearing disclosed no reason why the Collier Authority should not participate in the Lee Authority's program; and 1 Packet Page -2008- 6/14/2011 Item 16.K.3. WHEREAS, the Collier Authority has adopted a Resolution (the "Authority Reso~ution") in the form attached hereto as Exhibit "B" and made a part hereof. i i NOW, THEREFORE, BE IT RESOL VEn by the Board of County Commissioners of Collier County that: , I i SECTION 1. The Board of County Commissioners of Collier County consents to the Lee Authority exercising its powers to issue the Lee Bonds and to implement a progfam from a portion of the proceeds of the Lee Bonds to finance single family housing within the statutory boundaries of Collier County; provided that the Lee Authbrity and the Collier Authority enter into a written agreement setting forth the powJrs, duties and limitations of the Collier Authority as they pertain to the use of said bon~ proceeds within Collier County. i I I SECTION 2. In furtherance of the purposes set forth in Section 1 hereof the ChaiPnan or Vice-Chairman and Secretary of the Collier Authority are hereby. authorized to e*cute such consents, intergovernmental agreements or other documents as shall be requ~ed to implement such single family housing program, all as shall be approved by co~el to the Collier Authority. I : i SECfION 3. The Interlocal Agreement, in substantially the form attached as Exhibit "B" to the Authority Resolution, between the Collier Authority and the Lee Auiliority, is hereby approved. The officers of the Collier Authority are, upon due auth~rization and approval by that body, hereby authorized to enter into the Interlocal Agr~ment on behalf of Collier County. I I I I SECTION 4. The Board hereby approves, within the meaning of Section 147(f) of ~e Code, the issuance or reissuance by the Lee Authority of not exceeding $99,~00,000 of its single family housing revenue bonds, including its $20,770,000 Single F~y Housing Revenue Bonds (GSE Program - Multi-County), 2009 Series A (as such may ibe re-designated from time to time), and such other action pursuant to the Authority Resdlution. I ! i SECTION 5. All ordinances and resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, superseded and repealed. i I i SECTION 6. Adoption of this Resolution shall not authorize or commit the expeb.diture of any funds of Collier County or the Collier Authority to pay the costs of issu$ce of such bonds. ! SECTION 7. The approval of the bonds contemplated by this Resolution shall not ~e deemed to abrogate any land development regulations of Collier County, incl~ding, but not limited to Collier County's Growth Management Plan and all land deve10pment regulations or concurrency requirements adopted thereunder or contained i i I i I I 2 Packet Page -2009- . . . 6/14/2011 Item 16.K.3. therein, with respect to the acquisition or construction of housing pursuant to mortgage programs under this bond program.. SECTION 8. The Bonds shall not constitute a debt, or a pledge of the faith and credit of the Collier Authority, Collier County, the State of Florida or any political subdivision thereof, and neither the Collier Authority, Collier County, the State of Florida nor any political subdivision thereof shall be liable thereon. No member of the Board of County Commissioners of Collier County or any officer thereof shall be liable personally on the Bonds by reason of their issuance. PASSED AND DULY ADOPTED this 14th day of June, 2011. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: Fred W. Coyle, Chairman ATTEST: Clerk of the Circuit Court and Ex-officio Clerk to the Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~YlR~ Scott R. Teach, Deputy County Attorney 3 Packet Page -2010- 6/14/2011 Item 16.K.3. EXHIBIT A NOTICE OF PUBLIC HEARING Packet Page -2011- . . . 6/14/2011 Item 16.K.3. Naples Daily News Naples, FL 34110 Affidavit of publication Naples Daily News --------------------------------------------------+------------------------ PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N #502 NAPLES FL 34103 REFERENCE: 010784 59652119 DONALD A. PICKWORTH NOTICE OF PUBLIC REA State of Florida counties of Collier and Lee Before PUBLISHED ON: 05/02 72 LINE 05/02/11 --------------------------7---1~-----------------+------------------------ Signature of Affiant ~ ~ - ~ Sworn to and Subscribed before me this L.\ ~'" day of fv'\~ ~ \\ AD SPACE: FILED ON: 20 \\ Personally known by me Jjm~\\~~~~" r;AROL E KANGAS ~ ti~ i. . ~ Notary PUblic -'Slate 01 Florida '1..1 . z ~ ~"i My Comm. ExpIres Ju129. 2013 .,Ii?,~lf:.~,\~'.... Commlsllon # DO 912237 EXHIBIT A TO AUTHORITY RESOLUTION Packet Page -2012- 6/14/2011 Item 16.K.3. EXHIBIT B RESOLUTION OF THE COLLIER COUNTY HOUSING FINANCE AUTHOlUTY . Packet Page -2013- . . . 6/14/2011 Item 16.K.3. RESOLUTION 2011-01 A RESOLUTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY APPROVING A JOINT PROGRAM WITH THE HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA FOR THE ISSUANCE BY SUCH HOUSING FINANCE AUTHORITY OF SINGLE FAMILY HOUSING REVENUE BONDS TO FINANCE QUALlFYING SINGLE FAMILY MORTGAGE LOAN PROGRAMS IN LEE COUNTY, COLLIER COUNTY AND CERTAIN OTHER FLORIDA COUNTIES; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT; AND PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO. WHEREAS, Part IV, Chapter 159, Florida Statutes, authorizes the creation of Housing Finance Authorities within the Slate of Florida with the purpose of issuing revenue bonds and refunding bonds to assist in alleviating a shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize the board of county commissioners of a county (the "Governing Body"), to approve the operation ofthe housing finance authority of another county within the territorial boundaries of its county, and the issuance by a housing finance authority of revenue bonds to alleviate the shortage of affordable ~sing and capital available for investment therein within the county; and WHEREAS, the Housing Finance Authority of Lee County, Florida (the "Lee Authority") has by resolution previously authorized the issuance of its single family housing revenue bonds in an amount not to exceed $99,000,000, including the Lee Authority's Single Family Housing Revenue Bonds (GSE Program _ Multi-County), 2009 Series A (collectively, and as hereafter redesignated from time to time as separate series, the "Bonds"); and WHEREAS, the Lee Authority has bond issuance authority under such resolution which is anticipated to be sufficient to finance qualifying single family mortgage loan programs for Collier County; and WHEREAS, the Housing Finance Authority of Collier County (the "Collier Authority") has expressed an interest in pursuing a joint program for the issuance of a sufficient principal amount of the Bonds to fmance qualifying single family mortgage loan programs for Lee County, Co11ier County and certain other Florida counties; and WHEREAS, combining the authority to issue single family mortgage revenue bonds of the Lee Authority and the Collier Authority will permit mortgage loans to be made available at rates below the rates otherwise possible if the Collier Authority attempted a separate issue; and EXHIBiT A TO COUNTY ReSOLUTION Packet Page -2014- I I I I ! i I ! i I I I ~HEREAS, such a program would benefit Collier County, Florida (the "County") and aid iu allevia~ing a shortage of affordable housing and capital available for investment therein within the Coun~; I I WHEREAS, the Collier Authority held a public hearing regarding the Bonds on May 16, 20 11 p~rsuantto notice thereof published in the N aples Dailv News on May 2, 20 II, a copy of which notice is attached as Exhibit A, and which hearing was conducted in such a manner as to provide a reason~ble opportunity for persons with differing views to be heard, on both the issuance of the Bonds! and the participation of the Collier Authority through the Interlocal Agreement. I I ! NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HOUSING FINANCE AUTHORITY THAT: i I : SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Floriqa Housing Finance Authority law, Part IV, Chapter 159, Florida Statutes (the "Act"), and Sectiqn 163.01(5), Florida Statutes, and other applicable law. i i SECTION 2. FINDINGS. The Collier Authority has found and determined and hereby declates that: I I 6/14/2011 Item 16.K.3. I (a) In order to realize !he economies of scale afforded by aggregating the separate single fami~y mortgage revenue bond programs ofthe Lee Authority and the Collier Authority, it is in the best ~nterest of the Collier Authority to authorize the issuance of the Bonds by the Lee Authority to fina~ce single family mortgage loan programs for the County, which qualifies under the Act. ! I : (b) In order to implement such a program, it is iu the best iuteresl of the Collier Authority to enter into an Interlocal Agreement with the Lee Authority. ! SECTION 3. AUTHORIZATIONOFFORMOFINTERLOCALAGREEMENT. The exeqution and delivery of the Interlocal Agreement, authorizing the issuance ofthe Bonds by the _Lee AutPority to finance qualiJYiug siugle family mortgage loan programs iu the County, a proposed fa"" of which is attached hereto as Exhibit B (the "Interlocal Agreement'1 is hereby authorized. The foTIit of the Interloca1 Agreement attached hereto as Exhibit B is hereby approved, subject to such ch,q,ges, insertions and omissions and such filling of blanks therein as may be approved and made in sucj, form by the officers of the Lee Authority and the Collier Au!hority executing same, such exepution and delivery to be conclusive evidence of such approval. I i SECTION 4. AUmORlZATION TO EXECUTE. The Chairman or Vice Chairman and the! Secretary or Assistant Secretary of the ColJ1er Authority are hereby au!horized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, additions, deletions and substitutions as such officers executing the same shail approve, such execution to be co~c1usive evidence of such approval and to affix thereto or impress thereon the seal ofthe ColJ1er A~thority. I ! 2 . Packet Page -2015- . . . 6/14/2011 Item 16.K.3. SECTION 5. EFFECTIVE DATE. The approvals and authorizations provided in Sections 3 and 4 of this Resolution arc expressly contingent upon, and this Resolution shall become effective upon, ,he adoption by the Governing Body of the County of a resolution approving and authorizing the Lee Authority to operate within the territorial boundaries of the County with respect to its Single family Housing Revenue Bonds. APPROVED AND ADOPTED by the Collier County Housing Finance Authority this 16th day of May. 2011. . ."0,.. ',. (SEAL) . ' HOUSING FINANCE AUTHORITY OF COLLIER COUNTY ~ 3 Packet Page -2016- 6/14/2011 Item 16.K.3. This instrument prepared by: M~rk T. Mustian. Esq. Napors, Giblin & Nickerson. P .A. 1500 Mahan Drive, Suite 200 Tallahassee, FL 31308 I I i , i I INTERLOCAL AGREEMENT I i THIS AGREEMENT made and entered into by and between tbe Housing Finance Autbority nf Lee County, Flnrida, a public body CO'l'nrete and pollric o'llanized and existing ujoder the laws of the State of Florida (hereinaftor referred 10 as the "Lee Authority'), and the I{ousing Finance Authodly of Collier County, a public body cO'l'o"''' and politic org..izcd and elcisting under the laws of the State of Florida (hereinafter referred to as the "Collier Authority"). i i . WHEREAS, by combining the allocation amounts of the Lee Authority and the Counties, the Lee Authority will be able to make available mortgage loans at rates below the ratcs otherwise attainable if allY ofthc Counlies undertook a separate issue; and . eXHIBIT B TO AUTHORITY RESOLUTION Packet Page -2017- 6/14/2011 Item 16.K.3. . WHEREAS, the issuance or reissuance of the Bonds by the Lee Authority for use in the Area of Operation will result in a wider allocation of fixed expenses and achieve certain other economies of scale that will have the effect of reducing the interest on mortgage loans tbat otherwise would have to be charged; and WHEREAS. Sections 163.01, 159.608 and 125.Q1, Florida Statutes, authorize the Lee Authority and the Collier Authority to enter into this lnterlocal Agreement in order to make the most efficient use of their respective powers, resources and capabilities by authorizing the Lee Authority to exercise those powers which are common to them for the purpose of issuing one or more series of the Bonds to finance qualifying single family mortgage loan programs for the entire Area of Operation. NOW, THEREFORE, the parries agree as follows: . SECTION 1. SUBSTITUTION OF RONDS. The Collier Authority hereby grants exclusive authority to the Lee Authority to issue its Single Family Housing Revenue Bonds for qualified single family housing mortgage loans described in the resolutions authorizing the Bonds. and any such Bonds i..ued for such qualified siugle family housing murtgage loans in Colli... County are hcrehy deemed to be in full subslitution for an equivalent principal amount of the Lee Authority's Bonds. All revenues generated by Bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Lee Authority or its agents and all payments due from such revenues shall be 'Paid by the Lee Authority or its agents without further action by Collier County, Florida or the Collier Authority. SECTION 2. ADMINISTRATION. The Lee Authority hereby assumes responsibility fo' administuting this Agreement by and through its employee~ agents and officers; provided. howe-. that the Com... Authorit)! retaius and reserves its right and obligation to require reasonabie reporting on programs designed for and opetated withio Collier Counly. The Lee Authorit)! and its agents shall provide the Colli... Authority with such reports as may be necessary to account for funds generated by this Agreement. The Lee Authority shall have full authority and responsibility to negotiate, validate. market, sell, issue and deliver its Bonds in sueh amount as the Lee Authority shall in its sole jud"",eut det"miDe (taking into account lcadet demand and .vailable atloearion of priva" activity bond issuance authority pursuant to Chapter 159, Part VI, Florida Statutes) to finance qualifying single family bousing developments in Colli... County and to takn such oth... action as may be necessary or convenient to accomplish such purpose, such Bonds to be issued in one or more series as determined by the Lec Authority. SECTION 3. PROGRAM PARAMETERS. The Lee Authority shan establish the maximum bousing prie", and maximum adjusted family income for eligible bnreowers in Comer Count)!. The com... Authority hereby consents and agree. to the e...hlishment by the Lee Authority of all oth... program parameterS including. bul not liutitcd to, selection of alloeatio", among participating lenders os may be required for any Bonds Issued by the Lee Authority pursuant to this Agreement. The Lee Authority may select allocations among participating lend... in Colli... County based on lender demand in Collier County. available 2 . Packet Page -2018- 6/14/2011 Item 16.K.3. I I IN WITNESS WHEREOF, 1be parties 10 ~' ~~d their .......10 be a~xed hereto by the proper officers thereof as of the ~ay of ." Y. 2011. i 7 I i . I COLLIER coUNTY FINANCE AUTHORITY HOUSING . . . , (S~AL) i ATTEST: I I ~I STATE OF FLORIDA COUNTY OF COLLIER I The fore Ding insttumenl was acknowledged befo'" me 'bislO!!- day of 11J,..,;. , ~Oll. by , . as Cbairman of 1be COLLIER coUNTY HOUSIN~ i>.UTHORlT . a public body co_a.. and politic duly ......d ond exisdng under the laws of lbe Sta" of Florida. on bc:balf of !be Collier Coonty Housing Finance Authority. Said P="n is rS~IY mo~ ro me ~ bas ~~ a .aim ~~s ;?Z;;-- I ~",,"'IIIII/'. ~orida , ~~ V\CKW01/1~ i ~ (\ ~.........,!!,y ~ Print Name: ~Y7~.' ONE.!'PA".. ~ M C .' E ! s:~l c.Jl'1>.2Dr., ~<So...it~ y omIDlSS1on xpires: ;Q:... ~ ~ ~ My Commission No.: ::::s _... :~= ~.\ .<;)<;)~;j!l ~40~...~~Z:d-~ ~ '.tl;;.......-.::~~ ~/J: PUBLIC ..' 10.'~ ""11I1111'\\\'\'\ . i i I i 4 . Packet Page -2019-