Loading...
Agenda 03/11/2008 Item #12A Agenda Item No. 12A March 11, 2008 Page 1 of 10 EXECUTIVE SUMMARY Request by the Collier County Health Facilities Authority for approval of a resolmion authorizing the Authority to issue revenue bonds for healthcare facilities at Moorings Park. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Health Facilities Authority to be used to reimburse the Moorings, Inc" (the "Moorings") the owner and operator of Moorings Park for expenses incurred and remaining expenses to be incurred in the construction of29 Independent Living Units within the Moorings Park complex. CONSIDERA TrONS: Moorings Park is a life care retirement community initially constructed in 1980 with 168 independent living units and a 6O-bed health center. Subsequent construction and renovation has added additional Independent Living Units, 44 Assisted Living Units, and a new 106-bed nursing home facility. All of these facilities were financed by bonds issued by the Authority. There have been nine previous bond issues and there have been no defaults or problems of any kind with any of these bonds. Moorings Park is extremely strong financially and is believed to be the first Florida life care facility to receive a stand-alone investment grade rating, which is granted only to the top echelon oflife care facilities. With the financial strength of the Moorings, Inc., along with a letter of credit. the bonds are expected to have an investment grade rating of "AA". The Moorings currently has under construction and scheduled for completion in October, 29 additional Independent Living Units being constructed in the form of three new residential buildings. Federal tax law allows qualified non-profit corporations to be reimbursed for costs expended on facilities which would have qualified for tax-exempt financing initially. Accordingly, the Moorings, Inc.. the non-profit corporation that owns and operates the facility, has applied to the Authority for the issuance of bonds to cover the cost of the new construction already expended and to cover the remaining construction costs on these units. The Authority met on February 25. and heard presentations from Moorings Park officials. The meeting was noticed by publication in the Naples Daily News in accordance with the regulations for such notice contained in the Internal Revenue Code, inviting attendance, participation, and comments from members of the public. No members of the public attended the meeting or submitted comments. At the conclusion of the public hearing the Authority determined to proceed with the financing and adopted a resolution evidencing such approval (the "Authority Resolution"). The notice published in the Naples Daily News is attached as Exhibit A to the Authority's resolution. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public bearing, and must adopt a resolution in favor of issuing the bonds, as described above. Following this approval, the governing body of the jurisdiction must also approve the bond C,'M~FilC$ld~melll\HF".Moarin'i ZOO8\EKccSllmmMoonll.o,doc Agenda Item No, 12A March 11, 2008 Page 2 of 10 issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached, and the Authority Resolution is attached to the proposed County Resolution as an exhibit. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, There is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower, the Moorings, Inc, Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMP ACT: This program does not require any contribution from the Board of County Commissioners or any other County agency, On the other hand, the construction of these facilities has a positive impact on the community by creating additional employment and local expenditures, Total employment at Mooring Park is over 600 employees, with a payroll of$14,OOO,OOO per year, Local purchases by the facility amount to over $4,000,000 per year, and the continuing construction of new or renovated facilities over the years has put many millions of dollars into the local economy, While not technically a fiscal impact, the Moorings Park facility has had the effect of keeping in our community hundreds of residents who have resided in Collier County for 20 to 30 years and who ean remain in our community when they have reached that stage in life where a life care facility is necessary, The great majority of residents of Moorings Park are long-term Naples residents. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are being constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution, P~~ :I r- Donal A. Pickwo ,Counsel Colli County a1th Facilities Authority . latz w, Chief Assistant County Attorney -2- Page 1 of I Agenda Item No, 12A March 11, 2008 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12A Meeting Date: Request by the Collier County Health FacJlities Authority for approval of a resolution authorizing the Authority to issue revenue bonds for healthcare facilities at Moorings Park, ($40 million) (Don Pickworlh) 3/11/2008 90000 AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/27120084:55:26 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2127/20086:15 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2/28/20088:18 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 2/28120082:00 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/3/2008 5:58 PM file://C:\AgendaTest\Export\ I 02-March%20 11 ,%202008\ I 2.%20COUNTY%20A TTORNEY... 3/5/2008 Aaenda Item No. 12A - March 11, 2008 Page 4 of 10 RESOLUTION NO. 2008-_ 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(1) OFTHE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING THAT THE BONDS SHALL NOT BE A DEBT OR OBLIGATION OF COLLIER COUNTY, SHALL NOT CONSTITUTE A PLEDGE OF TAXES OR ANY OTHER REVENUES OF THE COUNTY; PROVIDING THAT THE PROJECT TO BE FINANCES SHALL BE SUBJECT TO ALL REGULATIONS OF COLLIER COUNTY; 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 duIy adopted by the Board of County Commissioners 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 February 10,2008, 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 February 10,2008 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 2008 in an aggregate principal amount not to exceed $40,000,000, 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 (including reimbursement to the Borrower of previously incurred expenses in connection with) the cost of acquisition, construction and equipping of health care 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 I 986, 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 Agenda Item No. 12A March 11, 2008 Page 5 of 10 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 I. The Board of County Commissioners hereby approves the issuance of the Bonds solely for purposes of Section 147(1) of the Code. Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County, Florida, its Board of County Commissioners, or any officers, agents or employees thereof, or of the State of Florida or any political subdivision thereof, including the City of Naples, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, Florida, the State of Florida or any political subdivision thereof is pledged to payment of the principal of, premium, if any, and interest on the Bonds. No member ofthe Board of County Commissioners of Collier County, Florida or any officer, agent or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, Florida, and any and all projects 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 to the extent that any such regulations are applicable to any properties or projects located within the City of Naples, Florida. Section 4. Ifany 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 5. This Resolution shall take effect immediately upon its adoption. PASSED and adopted this 11th day of March, 2008. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Tom Henning, Chairman [SEAL Appro d Chief Assistant County Attorney Agenda Item No. 12A March 11, 2008 Page 6 of 10 RESOLUTION NO, 2008-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY HEAL TH FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTH FACILITY REVENUE BONDS (THE MOORINGS, INCORPORATED PROJECT) SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 FOR THE PRINCIPAL PURPOSE OF REIMBURSING THE MOORINGS, INCORPORATED (THE "BORROWER") FOR,AND PAYING THE COSTS OF, ACQUISITION, CONSTRUCTION, EQUIPPING AND IMPROVING THE CONTINUING CARE FACILITY OWNED AND OPERATED BY THE BORROWER AND LOCATED AT 120 MOORINGS PARK DRIVE, NAPLES, FLORIDA; PROVIDING AN EFFECTIVE DATE AND PROV1DING FOR RELATED MA TIERS. WHEREAS, The Moorings, Incorporated, a Florida not-for-profit corporation (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 initial aggregate principal amount of not to exceed $40,000,000 (the "Bonds") 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 reimburse itself and pay the costs of acquiring, constructing, equipping and improving the continuing care facility owned and operated by the Borrower and located at 120 Moorings Park Drive, Naples, Florida (the "Project") and paying costs associated with the issuance of the Bonds; and WHEREAS, the "Project," as described in the application consists of the following: 29 living units housed in three new buildings under construction on the existing campus ofthe Borrower; and WHEREAS, the Borrower has requested that the Authority loan the proceeds of the Bonds to the Borrower pursuant to Chapter 154, Part III, 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 Bonds and the loaning of the proceeds thereof to the Borrower to finance the costs of the Project under Joan agreements or other financing 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 Bonds and such other costs in connection therewith as may be incUlTed 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 14 7(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 Bonds 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 EXHIBIT A TO COUNTY RESOLUTION Agenda Item No. 12A March 11, 2008 Page 7 of 10 writing, on the issuance of the Bonds 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 ofthe Bonds 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 oflaw. 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 Bonds, to issue and sell the Bonds 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, includhlg the Code, and this Resolution. SECTION 3. APPROV ALOFTHEFINANCING. The financing of the costs of the Project 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, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby approved. SECTION 4. AUTHORIZATION OF THE BONDS, There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, ifso requested by the Borrower, in an aggregate principal amount not to exceed $40,000,000 for the principal purpose of financing the costs of the Project. The rate ofinterest payable on the Bonds shall not exceed the maximum rate permitted by law, SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds. SECTION 6. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance ofthe Bonds, 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 Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State ofPlorida 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. Thc 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 2 Agenda Item No. 12A March 11, 2008 Page 8 of 10 adoption of this resolution to have waived any right of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 9, EFFECTIVE DATE, This Resolution shall take effect immediately. ADOPTED this 25th day of February, 2008. "\",,,~:'.i."'~'~:""i COLLIER COUNTY ..':.:.~ ".,,' " <to \ AUTHORITY .. .'~ (""0,/ ',('(T< , :;; ttr(SEAg: ~~,;.,;,.. .' ~ ~, .... ' , '. \~"" t,,.,.,. /........ ".,J, "" t." ~........,- .,1", ....... :'\', l,,<,f.JV ",\.\\~,,\\', , "'l"'~':"~" HEALTH FACILITIES ElLoFN ArrEST: 3 'fl. Th, NAPLES DAILY NEWS Published Daily Naples, FL J4102 Affidavit of Publication State of Florida County of Collier Before llie undersigned they serve as the authority, personally appeared B. Lamb, who on oalh says that lhey serve as the Assislant Corpornte Secretary ofLhe Naples Daily, a daily newspaper published at Naples, in Collier Counly, Florida; distributed in Collier and Lee connOe, of Florida; lIull the: attached cop>, of Ihe advcrtising, being a P.llil.LAC NqncE 1111he lWlller of PUBLIC NOTtCE was published in said newspaper I time in the issue On Fcbrumv 1 Dlh 2008 Aflinlll fm1her Illl.ys thal the !laid Nllples Dl\ily Nuws i~ ft newspaper J'uhlillhcd al Naplell., in collier county, ll'lorida and that the said nCWspllper hnl> ncrC:l"rorc been crmlinuously published in anid Collier CouIIly, Florida; dislrihlltud in Collier and Lee collntica 01' 1':loridfl, each dny nnd Ims been unl,=rcd ClICl;:ond c\nau Inuilm,'\lter lit lhll p01i1 olTn;c in Naples, in Imid Collier County, Floridn, for a period (If I ycar ncxl pn::ooding the firllt publiCnllan l)f\hc AUllclu:d COllY nr ill\"crLi~CllH:nt; and ntTtnlll liuthor Rays lhnl he hilS nciLher Iluld 1\or pnlllli~d UIlY pCTlKlll, nrm Ilr cm(lornlioll Illl)' rliHuotlllt, rWille, ..:I.lllllni~!l.hm IIr rc:{'mld for thc purposc Ill'secur1I1B thi1\.l\clvcrtiacmcct ror ll11hlknliun inlhc Illlid nCWIII)llpcr. 6.J-y<\ (Sigiitlturc of affiaUI) Sworn to and sul>scribcd before me TI\is 2ih,200R l)ayOfFchrunry 200R (\LJ.du. CJ~ ~~"l)'p~lie) FEI .'i9~257H327 .,~,'!'" JUDY JANES {.1W;' , ~. CommlsslOll DO 675029 \S. Ii Exp\res May 15, 2011 . II llclI*6tl1111lIll'tFMlnMQnGOtoO.'36S-TOIS Agenda Item No. 12A March 11, 2008 Page 9 of 10 EXHIBIT A TO AUTHORITY RESOLUTION Agenda Item No. 12A March 11, 2008 Page 10 of 10 DONALD A. PICKWORTH, P.A. .A:rTOIlNEY AT LAW SUITE 502 NEWOATX TOWER 5150 NORTH TAKJAKI TRAIL NAPLES, FLORIDA 34103 e.mail pick.llwOearthlink..Del (239) 263 - 6060 FAX (239) &98 -1161 February 27, 2008 Jeffrey A. Klatzkow Chief Assistant County Attorney Collier County Attorney's Office Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 RE: March 11 Agenda; Collier County Health Facilities Authority- Approval of Bond Issue Dear Jeff: I am enclosing the following documents for inclusion in the March 11,2008 agenda: I. Executive Summary relating to approval ofissuance of Health Facilities Revenue Bonds by the Collier County Health Facilities Authority for the benefit of the Moorings, Inc. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of March I I, 2008 approving the bond issue (the "County Resolution"). 3. Exhibits to the County Resolution consisting of the approving Resolution adopted by the Authority (the "Authority Resolution") and containing as an exhibit the Affidavit of Publication for the required TEFRA hearing conducted by the Authority. Since we have, for several years, been placing these items on the Consent Agenda, I would request that this also be on Consent. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Very truly yours, .6.. Pickworth