Backup Documents 09/08/2020 Item #16K5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 K 5 •
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2. Risk-Management Riskagemeitt
3. County Attorney Office County Attorney Office JAK by JH 9/8/20
/S/
4. BCC Office Board of County
Commissioners s f 9 'g 'do
5. Minutes and Records Clerk of Court's Office rJJo
PRIMARY CONTACT INFORMATION
Normally 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,may need to contact staff for additional or missing information.
Name of Primary Staff Donald A.Pickworth-Collier County Housing Phone 239-252-5706
Contact/ Department Finance Authority
Agenda Date Item was September 8,2020 Agenda Item Number 16K 5
Approved by the BCC
Type of Document Resolution authorizing the Authority to issue Number of Original 1
Attached revenue bonds for the acquisition and Documents Attached
rehabilitation of Goodlette Arms Apartments,an
affordable senior housing facility located at 950
Goodlette Road.
PO number or account N/A
number if document is DA L, /
to be recorded
INSTRUCTIONS& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be DP
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attomey's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the DP
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DP
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on September 08,2020 and all changes DP
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16K5 •
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Friday, September 11, 2020 2:36 PM
To: 'don@dappalaw.com'
Subject: Item #16K5 from 09/08/2020
Attachments: Resolution 2020-144.pdf
Attached is a copy of this item authorizing the issuance of Multi-Family Housing Revenue Bonds for the
Collier County Housing Authority.
Teresa Cannon
BMR Senior Clerk II
soar(Duo Office: 239-252-8411
Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
� 3299 Tamiami Trail E, Suite#401
k(oiNrs. Naples, FL 34112-5746
www.CollierClerk.com
1 6 K 5
RESOLUTION 2020- 1 44
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING
$70,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-
FAMILY HOUSING REVENUE BONDS, (GOODLETTE ARMS 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
2020-03 (the "Authority Resolution"),attached hereto as Exhibit A, with respect to the issuance by it of
not to exceed $70,000,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds,
(Goodlette Arms Apartments Project)(the "Bonds").
C. A public hearing was held on the Authority Resolution on August 24, 2020, 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 or municipality 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 or municipality 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.
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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 Resolutiono shall take effect immediately upon its adoption.
es
PASSED AND ADOPTED THIS O day of September 2020.
(SEAL)
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal Kinzel, Clerk OF COLLIER COUNTY, FLORIDA
0044:414 k
f By:
8S 31� S Burt L. Saunders, Chairman
signature only.
Appro i
. . � `:• t % :nd legal sufficiency:
.4011114/1
htINN am:
-
Jeffrey °tzko ,I County Attorney
Item#
Agenda Uglao
Date
Date `C3 1p ,
Redd
seputy ierk
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EXECUTION COPY
RESOLUTION NO. ,2 Oaq6 -O 3
RESOLUTION REGARDING THE OFFICIAL ACTION
OF THE HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA RELATIVE TO THE
ISSUANCE OF NOT TO EXCEED $70,000,000 IN INITIAL
PRINCIPAL AMOUNT OF ITS MULTIFAMILY
HOUSING REVENUE BONDS, SERIES 2020 (GOODLETTE
ARMS) FOR THE PURPOSE OF ACQUIRING,
REHABILITATING, EQUIPPING, AND DEVELOPING
A MULTIFAMILY RESIDENTIAL HOUSING FACILITY
FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR
MODERATE INCOME; FURTHER AUTHORIZING THE
EXECUTION AND DELIVERY OF AN AGREEMENT BY
AND BETWEEN THE AUTHORITY AND GOODLETTE
ARMS PRESERVATION LP; AND PROVIDING AN
EFFECTIVE, DATE.
WHEREAS, Goodlette Arms Preservation LP, a Florida 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, Series 2020 (Goodlette Arms)
in a principal amount not to exceed $70,000,000 (the "Bonds") for the purpose of financing a
portion of the costs of the acquisition, rehabilitation, equipping and development of a 250-unit
multifamily residential housing facility known as "Goodlette Arms"for persons or families of
low, middle or moderate income, to be located in Naples, Florida (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 applicable provision or provisions of Florida law(the"Act"); and
WHEREAS, subject to the terms set forth herein and in the Memorandum of Agreement
of even date herewith, the Company has requested that the Authority make a determination to
issue the Bonds under the Act in one or more issues or series not exceeding an aggregate
principal amount of $70,000,000 and to loan the proceeds thereof available to finance a portion
of the Project under a project 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, to assist the Company and promote the purposes provided in
the Act;and
WHEREAS,the Company has reviewed the Memorandum of Agreement relating to the
issuance of the Bonds;and
EXHIBIT A TO COUNTY RESOLUTION
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WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended, the Authority did on this date hold a public hearing
on the proposed issuance of the Bonds for the purposes herein stated, which date is at least 7
days following the publication of a notice of such public hearing as required by law (proof of
publication of such notice is attached hereto as Exhibit A). Such public hearing, which
occurred prior to the adoption of this Resolution, 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 of the Internal Revenue Code of 1986,as amended,and
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, rehabilitation, 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, Florida,and will thereby serve the public purposes of the Act.
2. EXECUTION AND DELIVERY OF THE MEMORANDUM OF
AGREEMENT. The Chairman or any Vice Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the Memorandum of 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 a portion of the Project in an
aggregate principal amount of not to exceed$70,000,000.
3. AUTHORIZATION OF THE BONDS. Subject to the terms and conditions
set forth herein and in the Memorandum of Agreement, there is hereby authorized to be issued
and the Authority hereby determines to issue the Bonds, if so requested by the Company,in
one or more issues or series in an aggregate principal amount not to exceed of $70,000,000
for the purpose of financing a portion of the Project described in such Memorandum of
Agreement. The Bonds shall be designated the "Housing Finance Authority of Collier County,
Florida Multifamily Housing Revenue Bonds, Series 2020(Goodlette Arms)".
4. RECOMMENDATION FOR APPROVAL TO BOARD OF COUNTY
COMMISSIONERS. The Authority hereby recommends that the Board of County
Commissioners of Collier County, Florida (the "Board") approve the issuance of the Bonds and
the financing of the Project. The Authority hereby directs the Chairman,any Vice Chairman or
the Authority'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, Florida, under and pursuant to the Act and Section
147(f) of the Internal Revenue Code of 1986, as amended.
2
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5. GENERAL AUTHORIZATION. The Chairman, the Vice Chairman, the
Secretary and counsel for the Authority are hereby further authorized to proceed, upon
execution of the Memorandum of 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 herein and in the Memorandum of 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 Memorandum of
Agreement, in accordance with the purposes of the laws of the State of Florida and the
applicable United States Treasury Regulations with respect to the Bonds.
7. APPROVAL OF NOTICE OF PUBLIC HEARING. The form of notice of
public hearing, as evidenced by the affidavit attached hereto as Exhibit A, is hereby ratified
and confirmed.
8. APPOINTMENT OF COUNSEL. The firm of Nabors, Giblin & Nickerson,
P.A. is duly appointed Bond Counsel in connection with the issuance of the Bonds. Donald A.
Pickworth, P.A..,is 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 the Authority, the
City of Naples, Florida, Collier County, the State of Florida or any other political
subdivision or agency thereof, but shall be payable solely from the revenue pledged therefor
pursuant to a project 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 and/or of any city in which the proposed
Project is to be located or to have estopped the County and/or such city, if any, from
asserting any rights or responsibilities it may have in that regard. In addition, this Resolution
and the Memorandum of Agreement arc conditioned upon and subject to: (1) the
determination by the Authority, in its sole and absolute discretion, that it is in the best interests
of the Authority and the residents of Collier County, Florida, to use the tax exempt volume
cap allocation potentially available to the Authority to issue the Bonds; (2) receipt of the
necessary tax exempt volume cap allocation from the State of Florida Division of Bond
Finance; (3)receipt of the approval of the Project and the proposed financing of the Project by
the Authority; (4) the ownership and control of the Company and its principals not varying
more than five (5%) percent from what has been represented to the Authority in the
Company's application (excluding the admission of a tax-credit limited partner and as
otherwise specifically approved by the Authority); (5) the number of multi-family units to be
rehabilitated by the Company not decreasing by more than five (5%) percent from the 250
3
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units referenced in the Company's application; and (6) the closing of the Bonds occurring on
or before one hundred and fifty-five (155) days after receipt of volume cap allocation from
the State of Florida Division of Bond Finance, unless extended by the Authority in its sole and
absolute discretion. In the event that any of the foregoing events shall not take place, if
applicable, or shall occur or take place, if applicable, it shall operate as a termination of this
Resolution and the Memorandum of Agreement.
11, BOND ALLOCATION. Upon a determination by the Authority as set forth
in the Memorandum of Agreement to request private activity allocation with respect to such
Bonds, the Chairman, Vice Chairman, or Authority's Counsel are hereby authorized to
execute all necessary documents for obtaining and preserving an allocation from the State of
Florida, Division of Bond Finance upon request by the Company.
This Resolution shall take effect immediately
4
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ADOPTED this 24th day of August, 2020.
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
A IIEST:
By: 4,11) - By
Secretary/ Chairman,
5
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EXHIBIT A
PROOF OF PUBLICATION OF NOTICE OF PUBLIC HEARING
A-I
4. t 16K5
�f d� y 1\allies
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
PICKWORTH DONALD P.A .
725 HIGH PINES DR
NAPLES, FL 34103 Notice of Public Hearing and Special Meeting
Housing Finance Authority of Collier County
Notice is hereby given that the Housing Finance Authority of
Collier County(the -Authority") will conduct a public hearing in
Affidavit of Publication accordance with the Tax Equity and Fiscal Re%ponsihllity Act of
STATE OF WISCONSIN 1982 (TEFRA) and special meeting on August 24. 2020, at 8 30
a m (local time). THIS WILL BE A VIRTUAL MEETING CONDUCT-
COUNTY OF BROWN ED BY COMMUNICATIONS MEDIA TECHNOLOGY IN ACCORD-
ANCE WITH THE AUTHORITY'S VIRTUAL MEETING GUIDELINES
AND PROCEDURES. Persons may attenc the meeting through
Before the undersigned they serve as the authority, the participation options set forth below.
personally appeared said legal clerk who on oath says that The purpose of the meeting will be receiving comments and
he/she serves as Legal Clerk of the Naples Daily News, a hearing discussion concerning the proposed issuance of the Au-
Bail newspaper p thority s Multifamily Housing Revenue Bonds to be used to fi-
gpublished at Naples, in Collier County, nonce the acquisition and rehabilitation of the following proj-
Florida; distributed In Collier and Lee counties of Florida; ect:
that the attached copy of the advertising was published in Name of Project: Goodlette Arms Apartments
said newspaper on dates listed. Affiant further says that the Initial Owner: Gaodlette Arms Preservation LP
said Naples Daily News is a newspaper Tareexompt Financing Requested $70,000,000
published at Number of units: 250
Naples, in said Collier County, Florida, and that the said Size of Site: 11,76 Acres
newspaper has heretofore been continuous) Location: 950 Goodlette•Frank Road N.,
nail y published in Naples,FL 34102
Ifd b , the the ndswill he payable solely from the revenues de-
Collier County, Florida; distributed in Collier and Lee
YAuthority pursuant to a Loan Agreement or other-
counties of Florida, each day and has been entered as I inancing documents between the Authority and the Initial
Owner The bonds will not constitute an indebtedness of Collier
second class mail matter at the post office in Naples, in County, the State of Florida or arty political subdivision or agen-
said Collier County, Florida, for a period of one year next cy thereof within the meaning of airy constitutional or statutory
preceding the first publication of the attached copyof debt
ri ion or restriction The ad valorem taxing power of
County is not pledged and may not be compelled to be
advertisement; and affiant further says that he has neither exercised to make any payments of principal, premium (if any)
paid nor promised any person, or corporation any discount, or
aint rest on the bonds- No property of the County or the
y political subdivision or agency thereof will be
rebate, commission or refund for the purpose of securing pledged for payments of principal, premium (if any)or interest
this advertisement for publication In the said newspaper. on the bonds, excepting only the revenues pledged by the Au•
chanty as described in this paragraph The Authority has no
taxing power.
ublished:0811712020,c,
OPTIONS FOR MEETING PARTICIPATION:
ZOOM: https://us02web,zoom.us/j/81996451443
OR
CALL IN NUMBER 1-929.205-6099
Mki.
Subscribed and sworn to before on August 17,2020: MEETING ID 819 9645 1443
All interested persons are invited to attend the meeting
through the options set forth above, and may submit questions
or comments, or request copies of the application for financing
by email to the Authority's executive director at donlfdappalaw
.con. Persons are advised that, if they decide to appeal any de-
cision made at this hearing, they will need a record of the pro
Notary, State of WI,County of Brown ceedings, and, for such purpose, they may need to ensure that a
verbatim record of the proceedings is made, which record in-
ciudes the testimony and evidence upon which the appeal is to
j TARA MVMON ;iLot;li be based. Please contact Don Pickwonh at 239.404,1475 with
7 Nol(fly •unlit any questions or concerns.
I_ Stet o•f Wisconsin HOUSING FINANCE AUTHORITY OF COLLIER COUNTY
By:Donald A.Pickworth
General Counsel and Executive Director
___ _ Pub Date: August 17,2020 44331850
My commission expires August 6,2021
Publication Cost:$462.00
Ad No:0004331850
Customer No:1307145
PO#:
#of Affidavits 1
This Is not an invoice
EXHIBIT A TO AUTHORITY RESOLUTION