Backup Documents 12/14/2010 Item #16K 6ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP 16K6
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
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exception of the Chairman's signature. draw a line through routing lines 01 thrnnnh t!a norm W, thr A— L-liat and f r.. —d r., Q. r;i. -..
Route to Addressee(s)
List in routing order
Office
Initials
Date
1.
Initial
Applicable)
2.
_.._.
Agenda Item Number
16K6
3. _._- ._..__....
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
4 Scott R. Teach, Deputy County Attorney
County Attorney Office
Number of Original
12/14/10
5 Ian Mitchell, BCC Supervisor
Board of County Commissioners
Attached
all S1 to
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Scott R. Teach
Phone Number
(239) 252 -8400
Contact
Initial
Applicable)
Agenda Date Item was
December 14, 2010
Agenda Item Number
16K6
Approved by the BCC
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
Type of Document
Resolution nO� O -L3
Number of Original
1
Attached
0&)
Attached
INSTRUCTIONS & CNRCIC1 JQ.T
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
«matter number» / «document number»
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate.
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Applicable)
1.
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SRT
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executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
2.
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N/A
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SRT
the final ne otiated contract date whichever is applicable.
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SRT
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In most cases (some contracts are an exception), the original document and this routing slip should be
N/A
provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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!
6.
The document was approved by the BCC on 12/14/10 and all changes made during the meeting
SRT
have been incorporated in the attached document. The County Attorney's Office has reviewed
the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
«matter number» / «document number»
16H6
MEMORANDUM
Date: December 16, 2010
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010 -234: Issuance and Sale of Health Facility Revenue
Bonds
Attached for your records is a copy as referenced above, (Item #16K6) approved by
the Board of County Commissioners December 14, 2010.
If you have any questions, please contact the Minutes and Record's Department at
252 -8411.
Thank you.
Attachment
16K6
MEMORANDUM
Date: December 16, 2010
To: Don Pickworth, Attorney
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Bond Resolutions: 2010 -234, 2010 -235 and 2010 -236
Enclosed please find one (1) Certified Resolution of each as
referenced above, Agenda Item #16K6, #16K7 and #16K8, adopted
by the Board of County Commissioners on Tuesday, December 14,
2010.
If you should have any questions, please contact me at 252 -8411.
Thank you.
Enclosure
RESOLUTION NO. 2010-2 3 4 16K6
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF
HEALTH FACILITY REVENUE BONDS BY THE COLLIER COUNTY HEALTH
FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(f) OF THE
INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER
RELATED MATTERS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Collier County Health Facilities Authority (the Authority) is a body corporate and
politic of Collier County, Florida created by Collier County Ordinance No. 79 -95 duly adopted by the
Board of County Commissioners (the "Board ") on November 20, 1979 pursuant to Part III of Chapter 154,
Florida Statutes, as amended, (the Act) with the power to issue revenue bonds for the purposes of financing
a project as defined in the Act; and
WHEREAS, The Moorings, Incorporated, a Florida not for profit corporation, with certain
facilities located within the boundaries of Collier County, Florida (the Borrower) has requested the
Authority to issue its revenue bonds as described below for the benefit of the Borrower and to loan all or a
portion of the proceeds thereof to the Borrower for the purposes set forth herein; and
WHEREAS, the Authority caused notice of a public hearing to consider approval of the Bonds and
the location and nature of the project to be published on or before November 15, 2010, in the Naples Daily
News a newspaper of general circulation in the County, and a copy of said notice is attached as Exhibit A to
the Authority Resolution as described below (the Notice); and
WHEREAS, on December 1, 2010 a public hearing was held by the Authority with regard to the
issuance of the Authority's Health Facility Revenue Bonds (The Moorings, Incorporated Project) Series
2010 in an aggregate principal amount not to exceed $30,000,000, at the conclusion of which hearing the
Authority adopted the Resolution attached as Exhibit A (the Authority Resolution); and
WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to Borrower to
finance the cost of acquisition, construction and equipping of healthcare facilities located at 120 Moorings
Park Drive, Naples, Florida, within Collier County, Florida and to pay the costs of issuance of the Bonds
(all of the property financed with proceeds of the Bonds being owned and operated by the Borrower); and
WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely from
funds of the Borrower; and
WHEREAS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended (the
"Code "), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County
Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and
WHEREAS, the Board of County Commissioners desires to evidence approval of the issuance of
the Bonds solely to satisfy the requirements of the Code.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County,
Florida that:
Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the
Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(f) of the Code.
16K6
The Bonds shall be issued in such series, in such aggregate principal amount (not to exceed $30
million), bear interest at such rate or rates, mature in such amount or amounts and be subject to
redemption as are approved by the Authority without the further approval of this Board.
The Bonds shall not constitute a debt, liability or obligation of Collier County, the Board, any
officer, agent or employee of Collier County, 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 or any officer or employee thereof shall be liable personally on the Bonds by reason of their
issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County for any
portions or aspects of the Project within the regulatory jurisdiction of Collier County, nor shall it
abrogate any regulations of the City of Naples for any portions of the Project located within the
regulatory jurisdiction of the City of Naples. The Project shall be subject to all such regulations,
including, but not limited to, the Collier County Growth Management Plan and all concurrency
requirements contained therein and the Collier County Land Development Code or City of Naples
Growth Management Plan or Land Development Code as applicable, or as applicable, the
corresponding requirements of the City of Naples Comprehensive Plan and land development
regulations.
Section 2: Severability. If any section, paragraph, clause or provision of this Resolution
shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue
in full force and effect, it being expressly hereby found and declared that the remainder of this
Resolution would have been adopted despite the invalidity or ineffectiveness of such section,
paragraph, clause or provision.
Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption,
and any provisions of any previous resolutions in conflict with the provisions hereof are hereby
superseded.
PASSED and Adopted this 14th day of December, 2010.
ATT�I, j
ti.
t E `Bi4* Clerk
4 c_
COLLIER COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
LAj
':. V
Fred W. Coyle, Chairman
Ap o d as 7�1 leg al sufficiency:
44 (RD-1
Je ey A. Klatzkow, County Att orney
2
Item #
Agenda (� �
Rate
Rec,a
0
RESOLUTION NO. 2010-03 16K6
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY HEALTH FACILITIES AUTHORITY REGARDING
THE OFFICIAL ACTION OF THE AUTHORITY WITH
RESPECT TO THE PROPOSED ISSUANCE BY THE
AUTHORITY OF ITS HEALTH FACILITY REVENUE BOND
(THE MOORINGS, INCORPORATED PROJECT) SERIES 2010
IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000
FOR THE PRINCIPAL PURPOSE OF MAKING A LOAN TO
THE MOORINGS, INCORPORATED (THE "BORROWER ") TO
PAY CERTAIN COSTS INCURRED IN CONNECTION WITH
THE CONTINUING CARE FACILITY OWNED AND
OPERATED BY THE BORROWER AND LOCATED AT 120
MOORINGS PARK DRIVE, NAPLES, FLORIDA;
AUTHORIZING THE EXECUTION AND DELIVERY OF A
PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY
AND THE BORROWER; AND PROVIDING FOR RELATED
MATTERS.
WHEREAS, The Moorings, Incorporated, a Florida corporation not - for - profit (the
"Borrower ") has applied to the Collier County Health Facilities Authority (the "Authority ") to
issue a series of its private activity revenue bonds in the principal amount of not to exceed
$30,000,000 (the "Bond ") for the principal purpose of financing a loan by the Authority to the
Borrower the proceeds of which will be used by the Borrower to pay capital expenditures
incurred in connection with the continuing care facility owned and operated by the Borrower and
located at 120 Moorings Park Drive, Naples, Florida and the refunding of certain outstanding
bonds (the "Project ") and paying costs associated with the issuance of the Bond; and
WHEREAS, the "Project," as described in the application consists of the following:
"The project consists of 29 independent living units to be housed in three
buildings on the south end of the existing Moorings Park Campus. The project
will also include a new dining venue beneath one of the independent living
buildings as well as an adjacent two story parking garage with a third floor
multipurpose facility on a third floor above the parking garage. This multipurpose
facility may house physician's services, spa and beauty shop services,
classrooms /lecture halls and fitness and rehab services. The total project will
consist of approximately 85,000 square feet of living space and 7,000 square feet
of space for the new dining venue. The parking area will consist of
approximately 60,000 square feet with an additional 30,000 square feet of space
for the multipurpose facility."
and;
WHEREAS, the Borrower has requested that the Authority loan the proceeds of the
Bond to the Borrower pursuant to Chapter 154, Part I11, Florida Statutes, or such other provision
or provisions of Florida law as the Authority may determine advisable (the "Act ") in order to
accomplish the foregoing purposes; and
WHEREAS, the issuance of the Bond and the loaning of the proceeds thereof to the
Borrower to finar— 0— meta of the. Prniect under loan agreements or other financing
EXHIBIT A TO BCC RESOLUTION
16K
agreements, and pursuant to the terms thereof which will provide that payments thereunder be at
least sufficient to pay the principal of and interest and redemption premium, if any, on such Bond
and such other costs in connection therewith as may be incurred by the Authority, will assist the
Borrower and promote the public 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 "Code "), the Authority did on the date hereof
hold a public hearing on the proposed issuance of the Bond for the purposes herein stated, which
date is more than 14 days following the first publication of notice of such public hearing in a
newspaper of general circulation in Collier County and 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 the issuance of the Bond and the location and nature of the Project, as
more particularly described in the notice of public hearing attached hereto as Exhibit A; and
WHEREAS, it is intended that this Resolution shall constitute official action toward the
issuance of the Bond within the meaning of the applicable United States Treasury Regulations in
addition to any other action that may have heretofore been taken by the Borrower;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HEALTH
FACILITIES AUTHORITY, THAT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Act and other applicable provisions of law.
SECTION 2. PRELIMINARY STATEMENT, This Resolution is entered into to permit
the Borrower to proceed with the financing of the costs of the Project and to provide an
expression of intention by the Authority, prior to the issuance of the Bond, to issue and sell the
Bond and make the proceeds thereof available for such purposes, all in accordance with and
subject to the provisions of the Act, the Constitution and other laws of the State of Florida and
the laws of the United States of America, including the Code, and this Resolution, but subject in
all respects to the terms of the Preliminary Agreement for the Issuance of Revenue Bonds of
even date herewith between the Authority and the Borrower (the "Preliminary Agreement "). The
Chairman is hereby authorized to execute the Preliminary Agreement on behalf of the Authority.
SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the
Project by the Authority through the issuance of the Bond, pursuant to the Act, will promote the
health and welfare of the citizens of Collier County, will promote the general economic structure
of Collier County, and will thereby serve the public purposes of the Act and is hereby
preliminarily approved, subject, however, in all respects to the Borrower meeting the conditions
set forth in the Preliminary Agreement to the sole satisfaction of the Authority.
SECTION 4. AUTHORIZATION OF THE BOND. There is hereby authorized to be
issued and the Authority hereby determines to issue the Bond, if so requested by the Borrower
and subject in all respects to the conditions set forth in the Preliminary Agreement, in an
aggregate principal amount not to exceed $30,000,000rincipal purpose of financing the costs of
the Project. The rate of interest payable on the Bond shall not exceed the maximum rate
permitted by law.
SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice - Chairman
are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the
2
16&e6 e
undertakings provided for therein on the part of the Authority a nd are further authorized to
such steps and actions as may be required or necessary in order to cause the Authority to issue
the Bond subject in all respects to the terms and conditions set forth in the Preliminary
Agreement authorized hereby.
SECTION 6. OFFICIAL ACTION. This resolution is an official action of the Authority
toward the issuance of the Bond, as contemplated in the Preliminary Agreement, in accordance
with the purposes of the laws of the State of Florida and the applicable United States Treasury
Regulations.
SECTION 7. LIMITED OBLIGATIONS. The Bond 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 revenues pledged therefor pursuant to a loan agreement or other financing agreement entered
into between the Authority and the Borrower prior to or contemporaneously with the issuance of
the Bonds. The Authority has no taxing power.
SECTION 8. LIMITED APPROVAL. The approval given herein shall not be construed
as an approval or endorsement of approval of any necessary rezoning 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 Collier County (or the City of
Naples, as applicable) or to have estopped Collier County or the City of Naples from asserting
any rights or responsibilities they may have in that regard.
SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately.
ADOPTED this 1 st day of December, 2010.
.(Sea])
Attest:
COLLIER COUNTY HEALTH
FACILITIES AUTHORITY
B By:
Secr y Chairman
16K6
Naples Daily News
Naples,- FL 34110
Affidavit of Publication
Naples Daily News
---------
------- ---------- ------------------------------
---+---------------
PICKWORTH, DONALD P.A.
5150 TAMIAMI TRL N #502
NAPLES FL 34103
NOTKE W S►ECIAL MEETING AND pUNLIC HEARING
REFERENCE: 010784 DONALD A. PICKWORTH , Notiw h hareM wen that the Conk, County Health Facilities Authority the
59634503 NOTICE OF SPECIAL M �olAUnr«It� : m tDa,hSped � oo , o� the CWI «�`Courq �eaith Dope �r MM'',
Roem 202, Ilu{Id {rp N, CoN,cr County GovRnment ComOS& 3301 East Tamlarnl
Trail, NaNle% Florida, Sat I2 for the foltowlrp purpnee wM
State of Florida
Counties of Collier and Lee erso loo
Before the undersigned authority, p eg
appeared Kim Pokarney, who on oath says t 4I
serves as the Accounting Manager, of the at
Daily News, a daily newspaper published a
in Collier County, Florida: distributed i
and Lee counties of Florida; blished inesaid
g
copy of advertising L
newspaper on dates listed.
Affiant further says that the said Napl a
News is a newspaper published at Naples,
Collier County, Florida, and that the sae
newspaper has heretofore been continuous)
day and has been entered as second class
s-
matter at the post office in Napless of
Collier County, Florida, for a period
next preceding the first publication Oft
attached copy of advertisement; and affia
further says that he has neither oradinor,
promised any person, firm or corp
discount, rebate, commission or refund fax
purpose of securing this advertisement fox
publication in the said newspaper.
PUBLISHED ON: 11/15
AD SPACE: 98 LINE
FILED ON: 11/15/10
------------------------ ; -� - - -%
tN AinhorMS neaan .•.,,•, ^_ fn Sh amount not
..d MaleeU. In ate. or,tnore_ a , seun■d be ,he
a■pendRu �. jaerow�ir�d^'�tou glen
a._ratcd ?I!.• --- ..ds of tlse
20 MmrinO� psrt Nantaa, rwau...._ _-.d -' . -_ --
onNand Reftetded ere and will b owned end operated by the r.
(2) To consider *P�' of a resolution of the DA ourhorvidlin9�cest. �Iia-
nca of tM Ilondl .te ningn find�rgc
Iqn in eonnutbn dtaraeith. or d*,
(3) To aonduesuch othrn buainesr of the Authority a may be necessary
Irab{e. submit
AU Inmd h. d. Pane era Invited or through drair rep�mentadv.or end wIU W written
meeting ^d�� „aW'IA,gy to era °t1Nry,W. grow a eM OVA matters pf Penang &WlkaUon
t9ltarvan an yw'" ring 10 nvNw advan 0, m of tm aPD� ach
for flnet><fn9 o in
advance Of the meetirlp may
^`�' yMj1ay�IM Fa[IUUK Au[Jda do Donald Mctv""d' Ewa
cemmsnts to Wlkr =Sdte 502. Nadu. Florida 34103. Wrlttert cdrnmeare for
5150 U,n4m1 Trail Nerttt, oral comments
me at the meeting
mlved In advaaae of thAuthrtry and vdll not bind tM Authority.
the com are we of tl.
should any venom dedd b peal rn ting or made , the Author weed n•
Won to any natter --W4 ndnpakt per,. toMthi, paurpMoeari4� he or eM wa —4 to
have a.retard f than 0 I dT th. proca.�rWa L made, yr kh rKord�� the
Insure that a varbatt which the appal b to be based- testimony andwidnce Won �Id- from Me revenues do-
'fie �d{� liana � tnani of athn Venting documents be,
rived by Ar"O 'idenn g � NNthat the bdrub nor the
tow Intense Draraea shat{ be an Indebtedrwa of, or i V edge ot, tM vsin0 povwr a
ptnw raeaues of Collie CtwrrlY. the state of Florlde, or ens Po=t tubdivi-
.fioon or ".,i y tld�• Tha.AttfwrftY es no taxing power.
• • In acw,dana Wtth eM Ilmerican whh DWbI1RMs A� pertata needing a Donald
ecrommodetlon to particlpeY In this maeUnyq and hNr n0 am three e W days Prior
A. Pletwdreh, Gareral fd,narl, +t (139) 263•adfe not
tR etra.±r«M�
is node bElwn W^r1 �:aj y,�pe Sgte{�f tM Ineem ■I Revenue tools of
Th
teen, as smendedand Sectto^ ,y Donald' ptrav,orM
Assistant Secretary and General Covmel
--- - - - - - - - - -- -- -- +- - - - - - - - - - - - - - - - - - - - - - - -
Signature of Affiant ''�.} 2010
day of
Sworn to and Subscribed before me this ��
Personally known by me
a�•,•. KAt;OI E KAt.Gl.5
`~'! Plolar Pu1•IVC - Slnls of Florida
yy Y
IJy Comm. k.xpites J.d 29.2013
=`f ` Comm +ssion N DD 912237
EXHIBIT A TO
AUTHORITY RESOLUTION