Backup Documents 12/09/2025 Item #16K13ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I S K 1 3
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.
** 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
excentinn of the Chairman's signature. draw a line through routine lines # 1 through #2, comolete the checklist, and forward to the Countv Attomev Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
2. (Enter your Dept here)
3. County Attorney Office
County Attorney Office
34 41 a
Z/
4. BCC Office
Board of County
Commissioners
BS by MB
Is]
Z R
5. Minutes and Records
Clerk of Court's Office
I
PRIMARY CONTACT INFORMATION U IV
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
Madison Bird
Phone Number
2939
Contact / Department
Agenda Date Item was
Agenda Item Number
Approved by the BCC
�2
k 13
Type of Document(s)
QQ
Number of Original
Attached
kt Jolour,'" �C1 vG&ae
Documents Attached
PO number or account
number if document is
J-7 7
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)
l .
Does the document require the chairman's signature? (stamped unless otherwise stated)
MB
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
rovide the Contact Information Name; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legality. (All documents to be signed by
MB
_
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 Attorney
MB
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
MB
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
MB
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 uploaded to the
agenda. 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 JZJA and all changes made during
N/A is not
the meeting have been incorporated in the attached document. The County Attorney
5hk%�
an option for
Office has reviewed the changes, if applicable.
J��
this lino _
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
J�/�
N/A is not
an option fo
Chairman's signature.
l
this lin-c.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04; Revised 1.26.05; 2.24.05; 11/30/12; 4/22/16; 9/10/21
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RESOLUTION NO. 2025- 277
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT
EXCEEDING $41,500,000 MULTIFAMILY HOUSING REVENUE BONDS,
SERIES 2025 (WAVE AT ROSE) 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 2025-04 (the "Authority Resolution"), attached hereto as Exhibit A, with respect
to the issuance by it of not to exceed $41,500,000 Housing Finance Authority of Collier
County Multifamily Housing Revenue Bonds, Series 2025 (Wave at Rose) (the "Bonds").
C. A public hearing was held on the Authority Resolution on March 6, 2025,
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.
MIN
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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.
H. Section 196.1978(4) Florida Statutes, 2025, provides for an ad valorem property tax exemption
for certain newly -constructed multifamily residential housing facilities if certain requirements are
met, including the recording of a Land Use Restriction Agreement with a local housing finance
authority requiring that the property be used for 99 years to provide affordable housing for
persons or families meeting the extremely -low income, low-income, or moderate -income limits
specified in s. 420.0004 Florida Statutes.
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. The approval granted hereby shall also include authorization for the Authority to enter into
a Land Use Restriction Agreement, which contains, among other things, provisions complying
with the requirements of Section 196.1978(4) Florida Statutes, 2025.
Section 3. Repealing Clause. All resolutions, including, but not limited to, Resolution
2025-85, or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby
superseded and repealed.
/A l
Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9th day of December, 2025.
4a1-K. Kinzel, Clerk of Courts
Attest as t0 NO , Deputy Clerk
ApprovQ11 toy' cjrm and legality:
Jeffrey AVKla*oN�, County Attorney
2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: A46M9.1c 41 -Ie_�
Burt L. Saunders, Chairman
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EXHIBIT A
AUTHORITY RESOLUTION
A-1
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�t rAcye
6VARCewas f-
RESOLUTION NO.2025-03
RESOLUTION REGARDING THE OFFICIAL ACTION OF
THE HOUSING FINANCE AUTHORITY OF COLLIER
COUNTY, FLORIDA RELATIVE TO THE ISSUANCE OF
NOT TO EXCEED S41,500,000 IN INITIAL PRINCIPAL
AMOUNT OF ITS MULTIFAMILY HOUSING REVENUE
BONDS, SERIES 2025 (WAVE AT ROSE) FOR THE
PURPOSE OF ACQUIRING, CONSTRUCTING,
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 OHG FL COLLIER I ROSE LP;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, OHG FL Collier I Rose LP (the "Company") has applied to the Housing
Finance Authority of Collier County, Florida (the "Authority") to i issue its Multifamily
Housing Revenue Bonds, Series 2025 (Wave at Rose) in a principal) amount not to exceed
$41,500,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping
and development of a multifamily residential housing facility for persons or families of low,
middle or moderate income to be located in Collier County, Florida, (the "Project"), and (ii) to
Ioan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida
Statutes, and Chapter 159, Part II, Florida Statutes, or such other provision or provisions of
Florida law as the Authority may determine advisable (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 $41,500,000 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, to assist the Company and promote the purposes provided in the Act; and
WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed
issuance of the Bonds for the purposes herein stated, which date was at least 7 days following the
first publication of a notice of such public hearing as required by law (a form of such notice is
included in Exhibit A attached hereto), which public hearing was conducted in a manner that
provides a reasonable opportunity for persons with differing views to be heard, both orally and in
EXHIBIT A TO
COUNTY RESOLUTION
Page 7171 of 9661
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writing, on both the issuance of such Bonds and the Iocation and nature of the portion of the
Project to be financed with the proceeds therefrom; and
WHEREAS, an affidavit as to such notice is attached hereto as Exhibit A; and
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
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, Florida, and will thereby serve the public purposes of the Act.
2. EXECUTION AND DELIVERY OF THE MEMORANDUM OF
AGREEMENT. The Chairman or 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 the Project in an aggregate principal
amount not to exceed $41,500,000.
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 $41,500,000 for the purpose
of financing 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 2025 (Wave at Rose)". The rates 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 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, Vice Chairman or
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(fl of
the Internal Revenue Code of 1986, as amended.
S. GENERAL AUTHORIZATION. The Chairman, the Vice Chairman, the
Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution
of the Memorandum of Agreement, with the undertakings provided for therein on the part of the
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Page 7172 of 9661
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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.
7. APPROVAL OF NOTICE AND PUBLICATION OF PUBLIC HEARING.
The form of notice of public hearing attached hereto as Exhibit A is hereby approved and the
publishing thereof authorized on behalf of the Authority as referenced in Exhibit A ratified and
approved by the Authority.
8. APPOINTMENT OF COUNSEL. The fum 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,
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 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 are conditioned upon and subject to: (1) the determination by the Authority, in its
sole and absolute discretion at a future date, 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 volume cap tax exempt
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 Board; (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; (5) the number of multi -family units
to be constructed by the Company not decreasing by more than five (5%) percent from the 230
units referenced in the Company's Application; (6) the proposed Project, including, but not
limited to design, materials, type of construction materials, etc. not changing materially without
the prior written consent of the Authority; and (7) the closing of the Bonds occurring on or
before the stated expiration date of volume cap allocation from the State of Florida Division of
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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 bond 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.
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Page 7174 of 9661
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ADOPTED this 6"' day of March, 2025.
ATTEST:
Secretary
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
By:
Chair
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