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Resolution 2001-303 16L4....f 16L' RESOLUTION NO. 2001-::\03 A RESOLUTION APPROVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF LEE COUNTY (FLORIDA) OF ITS SINGLE F AMTL Y MORTGAGE REVENUE BONDS IN THE AGGREGATE AMOUNT NOT TO EXCEED $99,000,000 TO PROVIDE FUNDS TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS IN VARIOUS COUNTIES WITHIl" THE STATE OF FLORIDA, INCLUDING COLLIER COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing Finance Authority of Lee County (Florida) (the "Lee Authority") has authorized the initiation of official action to issue its Single Family Mortgage Revenue Bonds (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 counties within the State which agree to participate (collectively, the "Counties") by acquiring certain mortgage 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. The Lee Bonds to be issued as described herein are referred to herein as the "Bonds"; and WHEREAS, Section 159.603, Florida Statutes, as amended, authorizes the Board to approve the operating of the Lee Authority within the territorial boundaries of Collier County (the "County"); and WHEREAS, on May 30, 2001 the Housing Finance Authority of Collier County Collier Authority) conducted a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, with respect to the issuance of the aforementioned bonds; and WHEREAS, no members of the public appeared at the above-described hearing to object to the issuance of the Bonds, and the Collier Authority having considered the advisability of the same, and having adopted the Collier Authority's Resolution No. 2001-05, (the "Approving Resolution") approving the Interlocal Agreement and authorizing its execution upon authorization from the Board of County Commissioners of Collier County, a copy of said Resolution being attached hereto as Exhibit A; and WHEREAS, combining the authority to issue single family mortgage revenue bonds of the Lee Authority, Collier County and any other counties desiring to participate in the issue will permit mortgage loans to be made available at rates below the rates otherwise attainable through separate issues. WHEREAS, such a program would benefit Collier County and aid in alleviating a shortage of affordable housing and capital available for investment therein within Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 16l4~.. 16L " SECTION 1. Pursuant to Section 159.603, Florida Statutes, as amended, the operation of the Lee Authority within the territorial boundaries of Collier County as described herein, is hereby approved. SECTION 2. The execution and delivery of the Interlocal Agreement by the appropriate officers of the Housing Finance Authority of Collier County authorizing the issuance of the Bonds to finance qualifying single family mortgage Joan programs in Lee County, Collier County and other participating counties, a proposed form of which is attached to the Approving Resolution, is hereby authorized. The form of the Interlocal Agreement attached thereto is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the Collier Authority and the Lee Authority executing same, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of the Collier 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 and to affix thereto or impress thereon the seal of the Authority. SECTION 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, Florida, and any and all single family homes contemplated to be financed with the Bonds shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. SECTION 4. This resolution shall take effect immediately upon its adoption. -,..~ ;'. L '... I Ai'TI!s"t( , Dwight E, BiO'~) Clerk day Of~, 2001. COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUN IV COMMISSIONERS PASSED AND ADOPTED this :1/ By: ", '[SE Approved as to form and legal sufficiency: 1 6L 4 ~ RESOLUTION NO, 2001-05 A RESOLUTION APPROVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF LEE COUNTY (FLORIDA) OF ITS SINGLE F AMIL Y MORTGAGE REVENUE BONDS IN THE AGGREGATE AMOUNT NOT TO EXCEED $99,000,000 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, the Housing Finance Authority of Lee County (Florida) (the "Lee Authority") has authorized the initiation of official action to issue its Single Family Mortgage Revenue Bonds (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 counties within the State which agree to participate (collectively, the "Counties") by acquiring certain mortgage loans or securities baeked 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. The Lee Bonds to be issued as described hcrein are referred to herein as the "Bonds"; and WHEREAS, on May 30, 2001, the Housing Finance Authority of Collier County held a public hearing pursuant to notice published in the Naples Daily News as prescribed by the Internal Revenue Codes; and WHEREAS, Section 159.603, Florida Statutes, as amended, authorizes the Board to approve the operating of the Lee Authority within the territorial boundaries of Collier County (the "County"); and WHEREAS, combining the Authority to issue single family mortgage revenue bonds of the Lee Authority, the County and any other counties desiring to participate in the issue will permit mortgage loans to be made available for investment therein within the County. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA: SECTION 1. Pursuant to Section 159.603, Florida Statutes, as amended, the operation of the Lee Authority within the territorial boundaries of Collier County as described herein, is hereby approved. SECTION 2. The execution and delivery of the Interlocal Agreement authorizing the issuance of the Bonds to finance qualifying single family mortgage loan programs in Lee County, the County and other participating eounties, a proposed form of which is attached hereto as Exhibit A, is hereby authorized. The form of the Interlocal Agreement attached hereto as Exhibit A. is EXHIBIT A TO Bee RESOLUTION 16L 4 ~~ hereby approved, subj ect to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the County and the Lee Authority executing same, such execution and delivery to be conclusive evidence of such 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 and to affix thereto or impress thereon the seal of the County. SECTION 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 30th day of May, 2001. {~t~:~f)) ,.-: '<{~AW.(~'-" / . ': .~...\~~"'''' ,.,t' OF COLLIER ATTEST: sf! ~L , Gary D. (ind, Secretary 1614 .~ 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, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority". WIT N E SSE T H: WHEREAS, Chapter 159, Part IV. Florida Statutes, as amended, authorizes the creation of Housing Finance Authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at pnces or rentals which many persons and families can afford; and WHEREAS, the Lee Authority has resolved to issue not exceeding $99,000,000 Single Family Mortgage Revenue Bonds, Series 2000 (the "Lee Bonds"); and WHEREAS, pursuant to Section 143 of the Internal Revenue Code of t986 (the "Code") 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, Florida Statutes, as amended; and WHEREAS, pursuant to individual interloeal agreements to be entered into between the Lee Authority and the Housing Finance Authorities of other counties (or with other counties in the absence of a housing finance authority) within the State, including Collier County (the "County", and, collectively. the "Counties"), each of the Counties will delegate its authority to purchase mortgage loans or securities backed by mortgage loans originated within the territorial boundaries of its respective county to the Lee Authority (the territorial boundaries of Lee County and the territorial boundaries of the Counties. collectively, the "Area of Operation"); and WHEREAS, the issuance of the Lee 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 effect ofrcducing the interest on mortgage loans that otherwise would have to be charged; and WHEREAS, Sections 125.01, 163.01, 159.608 and 159.803(1), Florida Statutes, as amended, authorize the Lee Authority and the Local 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 exercise those powers which are common to them for the purpose of issuing one or more series of the Lee Bonds to finance qualifying single family mortgage loan programs for the entire Area of Operation. NOW, THEREFORE, the parties agree as follows: Section I SUBSTITUTION OF BONDS: EXPENSES. The Local Authority hereby grants authority to the Lee Authority to issue its Single Family Mortgage Revenue Bonds to finance qualifying single family housing mortgage loans described in the resolutions authorizing the Lee Bonds, and any such Lee Bonds issued for such qualifying housing mortgage loans in the Local Authority and hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's Bonds. All revenues generated by bonds issued pursuant to this Agreement and by the use ofthe 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 the Local Authority. C:\MyFiles\document\HOF A \SFlnterlocalaggr I.wpd EXHIBIT A TO AUTHORITY RESOLUTION 16l4- The fees and expenses, if any, incurred by the County an/or the County Attorney with respect to the single family mortgage revenue bond program specified in this Agreement, shall be paid from the proceeds of any bonds allocable for use in Collier County and issued pursuant to this Agreement or from program fees contributed by participating lenders. Such fees and expenses shall not exceed $1 per principal amount of Lee Bonds allocated for use in the County. SECTION 2. ADMINISTRATION. The Lee Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers: proVIded, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated withm Cotlier County. The Lee Authority and its agents shall provide the Local Authority Wtth 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, validate, market. sell, issue and deliver its Lee 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, as amended) to finance qualifying single family housing mortgage loans in Collier County and to take such other action as may be necessary or convenient to accomplish such purpose, such bonds to bc i..ued in one or more series as determined by the Lee Authority. All lendable proceeds of Lee Bonds attributable to the private activity bond allocation for the Local AuthOrIty shall be rescrved for use in originating mortgage loans in Collier County for an initial period of six months in which such series of Lee Bonds is issued (or such other period as required by law at the time of issuance), whichever is later. SECTION 3, PROGRAM PARAMETERS. The Local Authority shall determine the methodology for establishing and establish initial maximum housing prices and initial maximum adjusted family income for eligihle borrowers in Collier County in accordance with the Code, and in each subsequent year, the Lee Authority shall adjust maximum housing prices and maximum adjusted family income for eligible borrowers in the County using the methodology determined by Collier County in accordance with the Code. The Local Authority hereby consents and agrees to the establishment by the Lee Authority of all other program parameters ineluding, but not limited to, selection of allocations among participating lenders as may be required for any bonds issued by the Lee Authority pursuant to this Agreement. The Lee Authority shall select allocations among participating lenders in Collier County based on lender demand in Colher County, available allocation of private activity bond issuance authority, and the lenders' performance in prior bond programs. SECTION 4 TERM. This Agreement will remain in full force and effect from the date of its execution until the date when no Lee Bonds remain outstanding; provided that any party hereto shall have the right to terminate this Agreement upon 30 days' written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by any party during any period that any series of Lee Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Lee Bonds are still in the possession ofthc Lee Authority or its agents pending distribution, unless the partIes to this Agreement mutually agree in writing to the terms of such termination. It is further agree that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in futfilling the obligations associated with the issuance of Lee Bonds pursuant to this Agreement. SECTION 5. INDEMNITY. The Lee Authority agrees to hold the Local Authority and Collier County harmless, to the extent permitted by law, from any and all liability for repayment of principal of and interest or penalty on the Lec Bonds or in connection with the approval by the Local Authority of the program parameters as required by Section 3 of this Agrecment, or in connection with the approval rendered by the Local Authority pursuant to Sections 159.603 and 159.604, Florida Statutes, as amended. The Lee Authority agrees that any offering circular or official statement approved by and used in marketing the Lee Bonds will include a statement that Bondholders may not look to the Local Authority for payment of the Lee Ronds and interest or premium thereon. SECTION 6. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. C:\MyF iles\document\HOF A \SFlnlerlocaiaggrl.wpd 16L4.... :~ IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper ollIcers thereof as of ATTEST: Secretaryrrreasurer ~k 3