Resolution 2000-464
RESOLUTION 2000-464
9E .~~"
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING
$4,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX-
EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2001
(BRITTANY BAY APARTMENTS) 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 Authori ty 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. A public hearing was held by the Issuer on November 27, 2000
(the "Public Hearing") on the application of Brittany Bay Partners (the
"Company")for the issuance of not exceeding $4,800,000 tax-exempt
multifamily housing revenue bonds (the "Bonds"). The public hearing was
duly conducted by the Issuer upon reasonable public notice, a copy of
said notice being attached hereto as Exhibit A, 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.
C. After considering the application of the Company and the
comments, if any, of members of the public regarding the project or the
issuance of the Bonds, the Issuer has adopted its Resolution 2000-04, a
copy of which is attached hereto as Exhibit B, approving the issuance of
the Bonds and recommending and requesting 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 l47(a) of the Internal Revenue Code of 1986, as
amended.
D. 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
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 of County
Commissioners of Collier County or any officer, agent / or employee
C:I.MyFilci\documcnt\HOf'A. BrilWlY Blly\BCC RC501ution.\Io'Pd
9E '~~
thereof shall be liable personally on the Bond by reason of their
issuance.
Section 2. Approval of Issuance of the Bonds. The issuance of the
Bonds 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.
immediately upon its adoption.
This Resolution shall take effect
PASSED AND ADOPTED THIS 12th day of December, 2000.
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. ATT,S Srt.: , . ~~
" "I' ".. ...
'DWJ.~~t:'..~.~Brock, Clerk
COLLIER COUNTY, FLORIDA
....': :-
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. ~i&in' ':' fit.f-,..Jt..J
: ~,: :""7'Deputy Clerk
". . -II
Attest IS to Chainlan's
StgRlture onl).
James D. C ter, Ph.D., Chairman
Board of C unty Commissioners /~~;I~
of Collier County, Florida
Approved as to form and legal sufficiency:
~w(J~ ~y
David C. Weigel
County Attorney
C:\MyPiles\documeot\HOFA. Bnnan)' Ba)i\BCC Relolutlan.'Npd
Naples Oaily News
Naples, FL 34102
A"ffidlilvit of Publication
~ Naples Daily News
--------------------------------------------------+--------------------------..
Notlcenot
SPecial Meeting
and PUblic HeQrlnll
Notice Is herebv given
thot fhe Housing Finance
Aufflorlfy of Collier Coun.
fy (fhe "Authorlfv") will
conduct a special meet.
Ing and public hearing on
Novemeer 71/ 2000 at
~:oo e.m. In the CI1v Mail-
QQer s Conference Room,
seco.l1d floor Naples Clfv
Hall~ 735 Elgh1fl street
~lb~' fo~~~es, u~;~d~
receiving puCl/c com.
ments and hearll1g dls.
cusslon conc:ernll1l1 the
proposed Issuance of the
Authorl1Y's Multffaml/v
HousIng Revenue Bonds I
to be used to f1nallCe the
acqulsltlol1 al1d COIl$1ruc-
tron of the follOWing prol.
ea.
Name of f'rolect:
~~ny Bay Apart-
InitIal OWner:
~~11anv Bay flariners,
~~~;;::::rPt Flnancll1g
$4,800,000
Number of units:
128
Size of Site:
9 Acres
lan:'-"- - --_'_.".n
West side of CoJller
Blvd. (CR 951), approxl.
mately 3/4 mile South of
Immokalee Rd.
All Il1teres~d persons are
Invl~d 10 submit written
commel1la or attend the I
hearfl1o, either ersOl1all
or ffiroug e r represen.
tallve, and will be given
an oppommlfy to express
their vlftws cOl1cernll1g
the prolea or th. tll1anc-
Ing. Al1yone desIring to
make written comments
In advance of the hearing
may send such comments
to:
HousIng Finance Au"'
thorlfy of Collier County,
cIa General Counsel,
5150 N. Tamlaml Trail,
~gl~lt~2,Naplll$, Fiori.
Written comments re.
celved In advance of the
hearIng and oral com.
menls made at the hear.
Ing are 10r tne
consideratIon at the Au.
thorlty and will not bind
the ALlfhorlfv.
Caples of the appllca.
tlon for flnanclnll are
available 10r Inspe<:110n
~r~hi~r~~~a?~~~~s~r~~
forth above.
SHOULD ANY PERSON
DECIDe TO APPEAL
ANY DECISION MADE
BY THE AUTHORITY
WITH RESPECT TO ANY
'M~Ot.lSlDCQ6
AT SUCH- HEARING
SUCH PERSON WILL
NEED A RECORD OF
THE f'ROCEE"OINGS
~~~E, F~~C~H'},TEls~N
MAY NEED TO ENSURE
THAT A VERBATI~ RE.
CORD OF THE 'PRO-
~EHlg~NG~Et~R~A9~~
CLUDeS THE TESTIMO.
NY AND EVIDENCE
UPON WHICH THE AP.
flEAL IS TO BE BASED.
In accordance with the
Americans with Dlsablll.
tees Act, person, needl no
a special accammodatfon
to partiCipate In this hear.
ing shou d con1Oc1 Donald
A. 'PIckworth, General
Counsel, ot (9~ 1) 263.8060 ,
na laler ltIan seven (7) .
dO~~fsr~'g'ff~e~: ~I~~~nllur.
swant fa Seeflol1 1~7(f, of
the Internal Revenue
r COde, as amended.
Is/ JOhn T. Conrov, Jr.
Chairman
I No" 11 No 171~6~2
PICKYORTH, DONALD P.A.
5150 TAMIAMl TRL N #602
NAPLES FL 34103
REFERENCE: 010784
58156129 Notice of Special 11e
State of Florida
County of Collier
Before the lIndersigntld authority, personally
appeared 8. LanID, who on oath says that she serves
as the Assi stant Cor'perate Secretary of the Naples
Dai ly News, a dui ly newspapel" published at Naples,
in CoLLier County, Florida: that the ~ttached
copy of advertising wa~ pUblished in said
newspaper on dates Listed.
Affiant further says that the said Naples oaily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florlda, each
day and has been entered as second class mail
matter at the post office in NapLes, in suid
CoLlier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; <lrld affiant
..,,,ther says that she has neither paid nor
'mised any person, firm or COrfx}ration any
"-.-.scount, rebate, commission or rdund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISIlED ON: 11/12
AD SPACE: 116.000 INCli
FILEO ON: 11/13/00
:~:~:::~:-:~-:~~~:~~.~~;:2-------3~=~----i.--------- .------..----.. -----
SWOf'n to and Subscribed betol"e me thi 5 ~ dClY.. of _:::C\!.L"'-- z~lCJ6
Persol1!llLy known by me D-:o. C'\. SJ, C-'-f'(i:..~n '" {J .<"':L--.-
/~:;.~~;W%:< Ch~nel A. McDonald
i"; A' ,.j M\'COMMISSION # CC850752 EXPIRES
9E
2000-04
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $4,800,000 TAX-EXEMPT
MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF
ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY
RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF
LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING
THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN
THE AUTHORITY AND BRITTANY BAY PARTNERS, LTD.; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Brittany Bay Partners, Ltd. (the "Company") has
applied to the Housing Finance Authority of Collier County, Florida
(the "Authority"), to (i) issue its tax-exempt multifamily housing
revenue bonds in a principal amount not to exceed $4,800,000 (the
"Bonds") and such taxable multifamily housing revenue bonds (the
"Taxable Bonds") as the Authority may authori ze by subsequent
resolution (the "Bond Resolution") for the purpose of financing the
acquisition, construction, equipping and development of multifamily
residential housing facilities for persons or families of low,
middle or moderate income to be located in Collier County (the
"Proj ect"), and (ii) to loan the proceeds of the Bonds to the
Company pursuant to Chapter 159, Part IV, Florida Statutes, or such
other provision or provisions of Florida law as the Authority may
determine advisable (the "Act"); and
WHEREAS, a determination by the Authority to issue the Bonds
under the Act, if so requested by the Company, in one or more
issues or series not exceeding an aggregate principal amount of
$4,800,000 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 therew~th as
may be incurred by the Authority, will assist the Company and
promote the purposes provided in the Act; and
l
WHEREAS, the Company has entered into the Preliminary
Agreement of even date herewith relating to the issuance of the
Bonds; and
WHEREAS, the Authority held a public hearing on the proposed
issuance of the Bonds for the purposes herein stated on November
27, 2000 which public hearing was conducted in a manner that
provided a reasonable opportunity for persons with differing views
C\MyFilc:s\UuculOcnt\HOFA . Brin,my l3i1oy\Driuany Oay Inuu\.:Cll1Cllt RCflolutlun wptl
EXHIBIT B TO Bee
RESOLUTION
9E
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 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 and will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agreement. The
Chairman or Vice-Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary 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 the lesser of (a)
$4,800,000, or (b) the cost of the Project, as determined by the
Authority.
3. Authorization of the Bonds. There is hereby authorized
to be issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement of even date herewith, in
one or more issues or series in an aggregate principal amount not
to exceed $4,800,000 for the purpose of financing the Project
described in such Preliminary Agreement. The Bonds shall be
designated "Housing Finance Authority of Collier County Multifamily
Housing Revenue Bonds Series 2000 (Brittany Bay Apartments) II or
such similar designation as the Authority may deem advisable.. The
rate 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 the issuance of the
Bonds and the financing of the Project for approval to the Board of
County Commissioners of Collier County (the "Board"). The
Authority hereby directs the Chairman, Vice-Chairman or Issuer'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
C:\MyFile,\iJocul11emI,IIOl;A. Brittany Gay\Uriuany Bay Induc:cmcnl Re:sI)lutiun wpd
-2-
9E
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147(f)
of the Internal Revenue Code of 1986, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Preliminary 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 in
the Preliminary 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 Preliminary 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 of Public Hearing. The form of notice
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointment of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel
to the Authority in connection with the issuance by the Authority
of the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. L~ited 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 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 ~ot 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 or to have
estopped the County from asserting any rights or responsibilities
it may have in that regard.
C:\MyFilrl\tJocurn~nl\HOfA ~ Brittany Bay\Brittan)' eay Inducement Resolutiun.wpd
-3-
9E
This Resolution shall take effect immediately.
ADOPTED this 27th day of November, 2000.
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
(SEAL)
By: /S/
Chairman
ATTEST:
/S/
Secretary
\
-4-
.. '., ri~
~'ilJ
Naples DaiLy News
NClples, FL 34102
A"ffidavit of Publicatiol~
\. Nap Les Da i ly News
~--------------------------------------------+---------------------.----..
NOtIce 0'-
Special Meeting
ane! Public Hearing
Nollce Is hereby given
th.~ the Housing Finance
A..".orItV of Collier Coun.
ty (the "Au1horltv") will
conduct a specIal mut.
Ing and pUblic heartng on
November '0, 2000 at
~:OQ p.m. In the City Man-
ager'. Conference Room,
secona floor. Naples City
Hall' 735 t:lghth Street
Soufh, NaPles, Florida
34102 for lt1e PUrpose of
reCeIvIng pUblic com.
ments and hearing dls.
cusslon concernrno the
proposed Issuance of the
AuthorIty's MultIfamily
HoUSing Revenue Bonas
to be used to finance the
acqulsltlon and Construc.
tlon of the follOWing prol.
ect:
Name of Profect:
~~~ny Bay Apart.
Initial Owner:
E~any Bay Partners,
Tax'exempt Financing
R~uested
$.4,800,000
Number of unl~:
1.2S
Size of Site:
9 Acres
West n:~lde' of Collier
BlVd. (CR 951), approx/. '
mafelv 3/~ mile South of
Immokalee Rc:f.
AI II Itln1erested persons are
nv ed to su.omlt wrlflen
comments or attend the
hearing, either ersanall
or rOIl he r represen-
tative, ana will be given
an oPPor1\lnlty 10 express
their views concernIng
the profect or the financ-
Ing. Anyone deslrlno to
lTIC:lke wrllfen comments
In advance of the hearlno
may send such commentS
to:
Hauslng FInance Au.
thorlty of Coll1er County/
clo General Counsel,
5150 N. Tam/ami Troll,
Suite 602, Naples, Fiori.
da 3~103
Written comments re-
ceived In advance of the
hearing and oral com.
ments made at the hear.
Ing are for the
consideration of the Au.
1tlorlty and will nat bind
the Au1horltv.
Caples of the appllco.
tlon for financing are'
available far Inspection'
and copying at the office .
.of the GenDral Counsel set
forth above.
SHOULD ANY PERSON
DECIDE TO APPEAL
ANY DECISION MADE
BY THE AUTHORITY
WITH RESPECT TO ANY
A,'P:rER-CQNSIDEaii
AT SUCH - HEARING
SUCH PERSON. WILL
NEED A RECORD OF
THE PROCEEDINGS
~~~E, F~~C~HApTErfs'bRN
MIl. Y NEeD TO eNlURE
THAT A VERBATIM" RE.
CORD OF THE PRO-
CeEDINGS IS MADE,
WHiCH ReCORO IN.
CLUDESTHE TESTIMO-
NY AND EVIDENCE
UPON WHICH THE AP.
PEAL IS TO BE BASED.
In accordanclI with t~e
Americans with Dlsablll.
ties Act, persons 1lIllldlng
a special accommodation
to partlclpat. In thIs hear.
Ing should contact Donald
~~:sltl~~W(1) ~3~:~2J I
no later them SII\1l1n (7)'
daw prior 10 t~1I hearing. ,
This notice Is glvlln pur.
suant 10 SlIctlon 147(f) 01
tne l"tDrnal R !tvenue
I Cacle, as amended.
/s}John T, CDnrDV, Jr.
Chairman
tjov.12 No. 17"&~
PICKWORTH, DONALD P.A.
5150 TAMIA"I TRL N #602
NAPLES FL 34103
REFERENCE: 010784
58156129 Notice of Special Me
State of Florida
County of ColLier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as the Assistant Corporate Secretary of the NapLes
Daily News, a daily newsPllpel' publishlld at Naples..
in Collier County, Florida: that the attached
copy of advertising waG published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Coll ier County, Florida, and that the said
newspaper has hel'stofore been continuousLy
published in said Collier County, FLorida, each
day and has been entered as second class mai l
matter at the post office in Naples, in said
CoLlier County, Florida, for a period of 1 year
next precQding the first publication of the
attached copy of advertisement; und affiant
"'1rther says that she ~as neither pai~ nor
lI1Iised any person, fnm or corporat1on any
"-..,scount, rebate, commission or rdund fo~ the
purpose of securing this advertisement fo~
publiction in the said newspaper.
PUBLISHED ON: 11/12
AD SPACE: 116.000 INCli
FILED ON: 11/13/00
S i gn:t:~:-:~-:~~~:::-'~-_7-------3-----------+-------- --------..--.--- -----
Swor'n to and Subscribed be:fol'/! me this ~ d~y_of _'::C\~_ ;mOlJ
Personl.llly known by mlt Duf\.. ~_ (}....~\"\(. \l.c.L._
;,~~\~:W:~.;';'o Gonel A. McDonald
~~(.' t& ),:} MY COMMISSION.# CC850752 EXPJRES
')i'~ ~" , . June 29, 1003
....N!..\~~~ I!ONIl"O TllliU TROY I ^IN INSUR^NC~ INC.
"-.~.
EXHIBIT A TO AUTHORITY
RESOLUTION
9E