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Resolution 2001-485 16L5 .J RESOLUTION 2001- 485 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $6,500,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX- EXEMPT MULTI-FAMIL Y HOUSING REVENUE BONDS, SERIES 2002 (SAWGRASS PINES APARTMENTS) 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. A public hearing was held by the Issuer on December 3, 2001 (the "Public Hearing") on the application of The Richman Group of Florida (the "Company")for the issuance of not exceeding $6,500,000 tax-exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, 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. C. The Issuer has adopted its Resolution 2001-08, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting 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. D. 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 their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds 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. C:'IWlNDOWS\Dclktop\l2-1 L Bee Alcnda.\BCC SawKWis.wpd 16L5 ., Section 3. Repealing Clause. All resolutions, including but not limited to Resolution 200 1-437, 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 THIS 11th day of December, 2001. (SEAL) ,\\\tUfUf"" \\\\\\ ~r". fI :""i ", .\ ..'I",.,. .. ,"',~;~~'~ ~~-~ ~ ~.: :'~':'~ ~ I,~;':I'--.. ATTES'f: .:.... . ......r,;.... " '." . , '" .('" '" DwightE; llrock, Clerk'. '::'.~ ~ ", ,::< : '"j ,:' ):/:;~,'/ . .. -'1." , J0 COLLIER COUNTY, FLORIDA BY:~ James D. er, Ph.D., Chairman Board of County Commissioners of Collier County, Florida Deputy CI!'!tR: .' Atult Ie t() Ctta 1 naan . s s19ftlture on11. Approved as to form and legal sufficiency: r:;:z-, ~~ f'r David C. Weigel County Attorney C:\WINDOWS\Daktop\12.11 Bee Agcnd.t\BCe SawgtUJ.wpd -- 16L5 N.,l" Dtl1 ly New. "-pl.., FL 34102 Aff1dev1t of PUblication NlIpl" Dtl1Ly ttwl -_.._--------------------------+---------------- PIctaIORTM, DONAU P.A. 5150 TAltlAlU TRl N H02 NAPLES FL 34105 REFERENCE: 010714 583S0765 Notice of Public .... Stat. of FLorida County of COLL 1ar Before the undera1gMd 8UthQr1t~, per.onelly uppMred Angela Bry.m:, who on .'" aaya tMt ahe .erv.. a. A..iltant SecretM'y of the I18pl.. Daily Newl, a daHy nawtplp8r pubUahecI at Mapl.a in Collier COUnty, Florida: t~ the attaahed copy of adv.rtbing wu pubUlhed in I.id nwapeper on date. lilted. Affiant further II)'I that the ..1d *pl.. Dei ly New. 11 a newlpllplr pubL titled .t _L.., tn Mtd CoLlier county, flortda, and that the Mid newlpaper hllll neretofoNt been cont1nuoully published in Mid CoLLter COunty, Floride, ... day and hu b.en entered .. .ecOnd cl... _H matter .t the po.t office tn IlliplN, in .aid CoLLi.r County, FLoridtl, for . period of 1 y..r next precedtng the ftr.t publication of the atUiched copy of adverti.......t. and .,11I111t furthar nYI that aha flu neiif.; paid nor pr0ll1led any perlon, 11... or corporetian .ny d1lc:ount, rebet., CDMinion or refund for the purpo.. of lacur1ng tht. adv.rt,....nt for publ1ction in the Hid newlp8per. PUBLISHED ON: 11/19 AD SPACE: FILeD ON: 175.000 IIICH 11/'9/fY1 Signature 01 Aft1ent SlIorn to and Subacr1bed Personally known by .. --------- ~J\. Donne ~ ,.'" Uy.Conwi............ 0; Expmu ....lb. 11, 2100I EXHIBIT A TO BCC RESOLUTION ~ 16L5 2001-08 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $6,500,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Richman Group of Florida the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the IIAuthority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $6,500,000 (the "Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution (the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "proj ect"), 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 $6,500,000 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 Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on October 11, 2001 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; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning ---- C:\WINDOWS\DookIOplHOFA- ~OO2 MFII._ a.oIuUOIl s_..wpd EXHIBIT B TO Bee RESOLUTION 1615 'r of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING 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. 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 to be entered into subsequently, in one or more issues or series in an aggregate principal amount not to exceed $6,500,000 and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution for the purpose of financing the Project. The Bonds shall be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds Series 2001 (Sawgrass Pines Apartments)" or such s~milar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 3. 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 financing 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. 4. 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. 5. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. C,IWINOOWSIDeokloplHOPA- 2002 MJI\Ind_ RuoI..;an S"'I'-.wpd -2- .- 1615 , ',"" 6. 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. 7. 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. 8. 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 to have estopped the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this llth day of October, 2001. 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