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Backup Documents 06/14-15/2011 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 K 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Orig.inal docummb :,.houid be hand delivered tr the Board Office The completed routing slip and original documents are to be forwarded to the Board Otlicc oilly after the Board hiI' takm action on thl' item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates. and/or information needed. [f the document is already complete with the ex lion of the Chainnan's s' sture draw a line throu routin lines #1 throu #4 letc the checklist and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order I. 2. 3. 4. S~O t\ -r eac.h 5. Ian Mitchell, BCC Office Su . sor 6. Minutes and Records ~Q.L.r"\."tt. Afu\"\/U... Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contaCt is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman'5 signature are to be delivered to the BeC office only after the Bee has acted to approve the item.) Name of Primary Staff SD::; rt- Ie c, c. ~, Phone Number 2"'-::'2- gLlOO Contact Agenda Date Item was .j v... '\'\<'- \L\ \ 2.b\ \ Agenda Item Number IbK?; k;nroved bv the BCC Type of Document ~e.~\U\\0n d(,O(/-{O() Number of Original \ Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC officc within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time fi'ame or the BCe's actions are nullitied. Be aware of our deadlines! The document was approved by the BeC 00<11 ('-[ 1'<:,11 (enter date) and all cbanges made during the meeting bave been incorporated in the attacbed document. Tbe Coon Attorne's Office bas reviewed the cban es if a Iicable. 1- :fL. NA 'SE.T ~, '>>-T :>Q...T 2. 3. 4. 5. 6. I: Formsl County Formsl Bee FormsJ Original Documents Routing Slip WWS Original 9.03.04, Rt..'Vised 1.26.05. Revised 2.24.05, Revised 9.18.09 16K 3 MEMORANDUM Date: July 13,2011 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011-100 Attached for your records is a copy as referenced above, (Item #16K3) approved by the Board of County Commissioners June 14, 2011. If you have any questions, please contact the Minutes and Record's Department at 252-8411. Thank you. Attachment MEMORANDUM Date: July 13,2011 To: Don Pickworth, Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011-100 Enclosed please find one (1) Certified Copy of the Resolution as referenced above, Agenda Item #16K3, adopted by the Board of County Commissioners on Tuesday, June 14,2011. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 16K 3 16K 3 RESOLUTION 2011- 1 00 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 WITHIN 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 16K 3 WHEREAS, the Collier Authority has adopted a Resolution (the "Authority Resolution") in the form attached hereto as Exhibit "B" and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County that: 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 program 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 Authority and the Collier Authority enter into a written agreement setting forth the powers, duties and limitations of the Collier Authority as they pertain to the use of said bond proceeds within Collier County. SECTION 2. In furtherance of the purposes set forth in Section I hereof the Chairman or Vice-Chairman and Secretary ofthe Collier Authority are hereby authorized to execute such consents, intergovernmental agreements or other documents as shall be required to implement such single family housing program, all as shall be approved by counsel to the Collier Authority. SECTION 3. The Interlocal Agreement, in substantially the form attached as Exhibit "B" to the Authority Resolution, between the Collier Authority and the Lee Authority, is hereby approved. The officers of the Collier Authority are, upon due authorization and approval by that body, hereby authorized to enter into the Interlocal Agreement on behalf of Collier County. SECTION 4. The Board hereby approves, within the meaning of Section 147(f) of the Code, the issuance or reissuance by the Lee Authority of not exceeding $99,000,000 of its single family housing revenue bonds, including its $20,770,000 Single Family Housing Revenue Bonds (GSE Program - Multi-County), 2009 Series A (as such may be re-designated from time to time), and such other action pursuant to the Authority Resolution. 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. SECTION 6. Adoption of this Resolution shall not authorize or commit the expenditure of any funds of Collier County or the Collier Authority to pay the costs of issuance of such bonds. SECTION 7. The approval of the bonds contemplated by this Resolution shall not be deemed to abrogate any land development regulations of Collier County, including, but not limited to Collier County's Growth Management Plan and all land development regulations or concurrency requirements adopted thereunder or contained 2 16K 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:~W.~ Fred W. Coyle, ChalfIn ATTEST: ~po(~~-Z '-Clerk QftheoClrctU,t Court and .\,., ,':'.' ,-~,' .._~ ,~Ex~6ffiCio q~jt~:the Board of ;County CO~Ji~pners j.. (iO~t ilSt:~,'~~'\n1l411 , :ilgnUur4i;9Pt~"" APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~iI RL Scott R. Teach, Deputy County Attorney 3 161U.. EXHIBIT A NOTICE OF PUBLIC HEARING 161\ 3 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News ----------------------------------- ---------------+------------------------ REFERENCE: 010784 59652119 DONALD A. PICKWORTH NOTICE OF PUBLIC HEA , . PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N #502 NAPLES FL 34103 State of Florida Counties of Collier and Lee Before the undersigned authority, person"" ". ' appeared Kim Pokarney, who on oath says tha",J'" serves as the Accounting Manager, of the Ns; Daily News, a daily newspaper published at? in Collier County, Florida: distributed in " and Lee counties of Florida; that the attac copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples' News is a newspaper published at Naples, ir.".....;.... Collier County, Florida, and that the said, '..-"''IS newspaper has heretofore been continuously ". day and has been entered as second class me' matter at the post office in Naples, in sai( Collier County, Florida, for a period of 1 next preceding the first publication of the,- attached copy of advertisement; and affiant' further says that he has neither paid nor promised any person, firm or corporation arr discount, rebate, commission or refund for purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/02 '-':l-:,::.t-k~.. AD SPACE: FILED ON: 72 LINE 05/02/11 --------------------------.---l~---c-------------+------------------------ Signature of Affiant ~ ~~ _ ~ Sworn to and Subscribed before me this \...\ ~'" day of ~n~ t 20.11 Personally known by me <8 UROlEICA_ . . ."IIY_,'11IIIoIfIorfIl. My COlMI, b,... "'" 29. 2013 .... ComnIIIaIOQ .. DD 912237 EXHIBIT A TO AUTHORITY RESOLUTION 16K 3 EXHIBIT B RESOLUTION OF THE COLLIER COUNTY HOUSING FINANCE AUTHORITY 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 QUALIFYING 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 State 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 of the 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 housing 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 fmance 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 ajoint program for the issuance of a sufficient principal amount of the Bonds to fInance qualifYing single family mortgage loan programs for Lee County, Collier County and certain other Florida counties; and WHEREAS, combining the authority to issue single family mortgage revenue bonds ofthe 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 16K 3 WHEREAS, such a program would benefit Collier County, Florida (the "County") and aid in alleviating a shortage of affordable housing and capital available for investment therein within the County; WHEREAS, the Collier Authority held a public hearing regarding the Bonds on May 16, 2011 pursuant to notice thereof published in the Naoles Daily News on May 2, 2011 , a copy of which notice is attached as Exhibit A, and which hearing was conducted in such a manner as to provide a reasonable 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 InterIocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HOUSING FINANCE AUTHORITY THAT: SECTION I. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Florida Housing Finance Authority law, Part IV, Chapter 159, Florida Statutes (the "Act"), and Section 163.01(5), Florida Statutes, and other applicable law. SECTION 1. FINDINGS. The Collier Authority has found and determined and hereby declares that: (a) In order to realize the economies of scale afforded by aggregating the separate single family mortgage revenue bond programs of the Lee Authority and the Collier Authority, it is in the best interest of the Collier Authority to authorize the issuance of the Bonds by the Lee Authority to finance single family mortgage loan programs for the County, which qualifies under the Act. (b) In order to implement such a program, it is in the best interest of the Collier Authority to enter into an Interlocal Agreement with the Lee Authority. SECTION 3. AUTHORIZATION OF FORM OF INTERLOCAL AGREEMENT. The execution and delivery of the Interlocal Agreement, authorizing the issuance of the Bonds by the .Lee Authority to finance qualifying single family mortgage loan programs in the County, a proposed fonn of which is attached hereto as Exhibit B (the "Interlocal Agreement") is hereby authorized. The fonn ofthe Interlocal Agreement attached hereto as Exhibit B is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such fonn by the officers of the Lee Authority and the ColIier Authority executing same, such execution and delivery to be conclusive evidence of such approval. SECTION 4. AUTHORIZATION TO EXECUTE. The Chairman or Vice Chainnanand the Secretary or Assistant Secretary of the ColIier Authority are hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, additions, deletions and substitutions as such officers executing the same shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the Collier Authority. 2 SECTION 5. EFFECTIVE DATE. Tbc approvals and authorizations provided in Sections 3 and 4 ofthis Resolution arc expressly contingent upon, and this Resolution shall become effcctivc upon, the 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 Singlc Family Housing Revenue Bonds. APPROVED AND ADOPTED by the Collier County Housing Finance Authority this 16th day of May, 2011. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY C 3 16K 3 16K 3 This instrument prepared by: Mark T. Mustian, Esq. Nabors, Giblin 8< Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee. FL 32308 INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into by and between the Housing Finance Authority of Lee County, Florida, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Lee Authority.), and the Housing Finance Authority of Collier County, a public body corpOlate and politic organized and existing under the laws of the State of Florida (hereinafter referred \0 as the "Collier Authority"). WIT N E SSE T H: WHEREAS, Part IV of Chapter 159 of the Florida Statutr:s authorizes the creation of Housing Finance Authorities within the State of Florida for the purpose of issuing revenue bonds and refunding bonds to assist in relieving the shortage of housing available at prices or rentals which many pcrsons and families can afford; and WHEREAS, the Lee Authority has authorized the issuance of not exceeding $99,000,000 in single family housing revenue bonds, including its Single Family Housing Revenue Bonds (GSE Program _ Multi-County), 2009 Series A (collectively, and as such bonds may hereafter be designated as separate series, the "Bonds"); and WHEREAS, pursuant to Section 143 of the Internal Revenue Code of 1986, as amended, the amount of private activity bonds, including qualified mortgage bonds, which may be issued by governmental units in any calendar year is limited. and is available for allocation to issuers within the State in accordance with Chapter 159, Part VI, Flocida Statutes; and WHEREAS, pursuant to individual interlocal agreements to be entered into between the Lee Authority and the Housing j-'inance Authorities of other counties (or with other counties in the absence of a housing finance authority) within the State, including the Collier Authority (collectively, the "Counties"), each of the Counties will delegate its authority to purchase mortgage loans originated within the territorial boundaries of ilS respective county to the Lee Authority (the territorial boundaries of Lee County and the territorial boundaries of such other counties, collectively, the "Area of Operation"); and WHEREAS, by combining the allocation amounts of the Lee Autbority and the Countics, tbe Lee Authority will be able to make available mortgage loans at rates below the rates otherwise attainable irony of the Counlies undertook a separate issue; and EXHIBIT B TO AUTHORITY RESOLUTION 16K 3 WHEREAS, the issuance or reissuanee 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 cffect of reducing the interest on mortgage loans that otherwise would have to be chargcd; and WHEREAS. Sections 163.01, 159.608 and 125.01, Florida Statutes, authorize the Lec Authority and the Collier Authority to enter into this Interlocal Agreement in order to make the most efficient use of their respective powers, resources and capabilities by authorizing the Lee Authority to cxereise those powers whieh 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 Opcration. NOW. THEREFORE. the porties agree as follows: SECTION 1. SUBSTITUTION OF 'BONDS. The Collier Authority hereby grants exclusive authority to the Lee Authority to issue its Singlc Family Housing Revenue Bonds for qualified single family housing mortgage loans described in the resolutions authorizing the Bonds, and any such Bonds issued for such qualified single family housing mortgage loans in Collier County are hereby deemed to be in full substitution for an equivalent principal amount of the Lec Authority's Bonds. All revenues generaled by Bonds issued pursuant to this Agreement and by the use of thc 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. SECTlON 2. ADMINISTRATION. The Lee Authority hereby assumes responsibility for administering this Agreement by and through its employees. agents and offieers; provided, however, that the Collier Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within Collier County. The Lee Authority and its agents shall provide thc Collier 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, validatc, market, sell, issue and deliver its Bonds in such amount as the Lee Authority shall in its sole judgment determine (taking into account lender demand and available allocation of private activity bond issuance authority pursuant to Chapter 159. Part VI. Florida Statutes) to finance qualifying single family housing developments in Collier County and to take such other 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 housing prices and maximum adjusted family income for eligible borrowers in Collier County. The Collier Authority hereby consenlS and agrees to thc establishment by the Lee Authority of all other program parameters including. but not limited to, selection of allocations among participating lenders as may he required for any Bonds issued by the Lec Authority pursuant to this Agreement. The Lee Authority may select allocations among participating lenders in Collier County based on lender demand in Collier County, available 2 16K 3 SECTION 5. EFFECTIVE DATE. '!be approvals and authorizations provided in Sections 3 and 4 of this Resolution are expressly contingent upon, and this Resolution shall become etTcctivc upon. the adoption by the Govcming Body of the County of a resolution approving and authorizing the Lec Authority to operate within the territorial boundaries oflhe County with respect to its Single Family Housing Revenue Bonds. APPROVED ANI) ADOPTED by the Collier County Housing Finance Authority this 16th day of May, 2011. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY c:7 ~'. -1lljJj~, 3 16K 3 IN WITNESS WHEREOF, the parties to 1his~t ha~ their names to be affixed hereto by the proper officers tbcrcof as of t"o/'.&...... ~y of : . 20 I I. COLLIER COUNTY FINANCE AUTHORITY HOUSING . (SEAL) By: ATTEST: ~ -f/ 1t-&.~ -Treasurer (. v' , . STATE OF FLORIDA COUNTY OF COLLIER The fOre~ing instrument was acknowledged before me thisll!!:... day of ~ . 2011, by(i41. t,;,~ ,as Chairman of the COLLIER COUNTY HOUSIN~ AUTHORIT ,a public body corporate and politic: duly created and existing under the Jaws of the State of Florida, on behalf of the Collier County Housing Finance Authority. Said penon is personalIy known to me or has produced a valid driver's liccnsc as . ification. 4;"",1100"",,- I'ICKWQ ~~.........~IJf.\ ~.~~;: :z l~.,SI"'201..~..\.. : ...~ . ~ S i:a ".~ E!! ~\ ~,~,!~ .,,:.. ~" .....,.Il!. r.."'?::-. NtJ/II. ..~ ~..;11kIC'~~ "'","u,""'" Notary Public; Print Name: My Commission Expires: My Commission No.: 4