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Resolution 2021-180 RESOLUTION 2021-1 8 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $40,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, (BRITTANY BAY APARTMENTS PHASE II)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 2021-06 (the "Authority Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $40,800,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, (Brittany Bay Apartments Phase II)(the"Bonds"). C. A public hearing was held on the Authority Resolution on August 25,2021,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. 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. [21-SOC-00873/166163 7/1] 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. 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. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS K Pr day of September 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER O Y, FLORID By 1 liZa:.V.---(\ '.-Nk , By: Attiiat'as to Cha. =We 1 15/ Penny Taylor, air siVatttte o i 1Y. Approved r_ ^ I� . d legality: ��.._ Jeffrey A. 4r.tzko County Attorney Attachment: Exhibit A-Authority Resolution 2021-06 [21-S0C-00873/1661637/1] EXHIBIT A TO COUNTY RESOLUTION PERTAINING TO BRITTANY BAY APARTMENTS PHASE II: HOUSING FINANCE AUTHORITY OF COLLIER COUNTY RESOLUTION 2021-06 ADOPTED AUGUST 25,2021 RESOLUTION NO. 2021-06 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $40,800,000 IN INITIAL PRINCIPAL AMOUNT OF ITS MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2021 (BRITTANY BAY APARTMENTS PHASE II) FOR THE PURPOSE OF ACQUIRING, REHABILITATING, 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 BRITTANY BAY APARTMENTS II, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Brittany Bay Apartments II, LLC, a Florida limited liability company (the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority") to (i) issue its Multifamily Housing Revenue Bonds, Series 2021 (Brittany Bay Apartments Phase II) in a principal amount not to exceed $40,800,000 (the "Bonds") for the purpose of financing a portion of the costs of the acquisition, rehabilitation, equipping and development of a 208-unit multifamily residential housing facility known as "Brittany Bay Phase II"for persons or families of low, middle or moderate income, located in Collier County. Florida (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159. Part IV. Florida Statutes,or such other applicable provision or provisions of Florida law(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 S40,800,000 and to loan the proceeds thereof available to finance a portion of the Project under a project 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 an}.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,the Company has reviewed the Memorandum of Agreement relating to the issuance of the Bonds;and 1 WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986,as amended, the Authority did on this date hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is at least 7 days following the publication of a notice of such public hearing as required by law (proof of publication of such notice is attached hereto as Exhibit A). Such public hearing, which occurred prior to the adoption of this Resolution, was conducted in a manner that provided a reasonable opportunity for persons with differing views 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 Internal Revenue Code of 1986,as amended,and applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AL T:HORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. APPROVAL OF THE PROJECT. The acquisition, rehabilitation, 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 XE CUTION AND DELIVERY OF THE MEMORANDUM OF AGREEMENT. The Chairman or any 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 herew between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance a portion of the Project in an aggregate princpat amount of not to exceed$40,800,000. 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 of$40,800,000 for the purpose of financing a portion of the Project described in such Memorandum of Agreement. The Bonds shah iae designated the "Housing Finance Authority of Collier County, Florida Multifamily Housing Revenue Bonds, Series 2021 (Brittany Bay Apartments Phase II)" or such similar designation as shall be mutually agreed. 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,any Vice Chairman or the 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 2 representatives of Collier County, Florida, 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 are hereby further authorized to proceed, upon execution of the Memorandum of 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 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 with respect to the Bonds. 7, A? 'ROVA . OF NOTICE OF PUBLIC HEARING. The form of notice of public hearing. as evidenced by the affidavit attached hereto as Exhibit A, is hereby ratified and confirmed. 8. APPOINTMENT OF COUNSEL. The firm of Nabors, Giblin & Nickerson, P.A. is duly appointed Bond Counsel in connection with the issuance of the Bonds. Donald A, Picky,orth, P.A.. is duly appointed Issuer's Counsel. 9. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an i; ccttvdness or pledge of the general credit or taxing power of the Authority, Collier Counts nc State of Florida or any other political subdivision or agency thereof, but shall he payabic ;oiciy from the revenue pledged therefor pursuant to a project 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. 1 t1. LI FJ e ED APPROVAL. The approval given herein shall not be construed as an approval of am 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 ha\e 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 o Agreement are conditioned upon and subject to: (1) the determination by the Authority, in its sole and absolute discretion, that it is in the best interests of the Authority and the residents of oilier County. Florida, to use the tax exempt volume cap allocation potentially available to the A utnority to issue the Bonds; (2) receipt of the necessary tax exempt volume cap allocation rom 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 Authority; (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 (excluding the admission of a tax-credit :Lilted partner and as otherwise specifically approved by the Authority); (5) the 3 number of multi-family units to be rehabilitated by the Company not decreasing by more than five (5%)percent from the 208 units referenced in the Company's application; and(6) the closing of the Bonds occurring on or before one hundred and fifty-five (155)days after receipt of volume cap allocation from the State of Florida Division of Bond Finance, unless extended by the Authority in i s sole and absolute discretion. In the event that any of the foregoing events shall not take ptace. 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 Memorandl.rn of Agreement to request private activity allocation with respect to such Bonds, the Chairman. 'Vice Chairman, or Authority's Counsel are hereby authorized to execute all necessary docum nts for obtaining and preserving an allocation from the State of Florida. Division of Bo:id Finance upon request by the Company. This shad take effect immediately. 4 ADOPTED this 25th day of August, 2021, HOUSING FINANCE AUTHORITY OF COLLIER COUNTY,FLORIDA ATTEST: By: By: Secretary Chairm a 5 EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF PUBLIC HEARING A-I icztpiri Battui PART OF THE USA TODAY NE rWORK Published Daily Naples,FL 34110 PICKWORTH DONALD P,A. 725 HIGH PINES DR Notice of Public Hearing and Special Meeting NAPLES,FL 34103 Housing Finance Authority of Collier County Notice is hereby given that the Housing Finance Authority of Collier County itr conduct a public hearing in accordance with the Tax Equity and Fiscal Respon Affidavit of Publication (TEFRA)and special meeting on August 25.2021,at 8:30 a.m. (local time)in th Suite 102,5811 Pelican Bay Boulevard, Naples. FL 34108. Persons may attend tt STATE OF WISCONSIN the participation options set forth below. COUNTY OF BROWN The purpose of the meeting will be receiving comments and hearing discuss proposed issuance of the Authority's Multifamily Housing Revenue Bonds to the acquisition and rehabilitation of the following projects:Before the undersigned they serve as the authority, personally appeared sad legal clerk who on oath says that Project#1 he/she serves as Legal Clerk of the Naples Daily News, a Name of Project: Brittany Bay Apartments I dailynewspaper Initial Owner: Brittany Bay Apartments 1,LLC,or other publishes at Naples, in Collier County, Tax-exempt Financing Requested S36,200,000 Florida; distributed in oiler an Lee counties of Florida; Number of units: 184 Size of Site: 13.07 Acres that the attached copy of the advertising was published in Location: 14815 Triangle Bay Drive said newspaper on dates listed. Aftant further says that the Naples,FL 34119 said Naples Daily News is a newspaper published at Project#2 Naples, in said Collier Cct.rty, Florida, and that the said Name of Project: Brittany Bay Apartments ii !natal Owner: Brittany Bay Apartments 11,LLC,or other newspaper has neretcfcre beer continuously published in Tax-exempt Financing Requested S40,800,000 said Number of units: 208 Size of Site: 37.22 Acres Collier County, Florida; distributed ;n Collier and Lee Location 14925 Lighthouse Road counties of Florida, each day and has been entered as Naples,FL 34119 second class marl matter at the post office in Naples, in it issued,the bonds will be pa able solely from the revenues derived by the Au said Collier County. Florida, for a period of one year next a Loan Agreement or other financing documents between the Authority ant The bonds will not constitute an indebtedness of Collier County, the State of F preceding the first publication of the attached copy of cal subdivision or agency thereof within the meaning of any constitutional or advertisement; and affiant further says that he has neither ration or restriction, The ad valorem taxing power of Collier County is not ph paid nor promised anybe compelled to be exercised to make any payments of princi al, premium of person or corporation any discount, the bonds. No property of the County or the State or any political subdivision will be pledged for payments of principal, premium (i#any}or interest Ott rebate, commission or refund for the purpose of securing only the revenues pledged by the Authority as described in this paragraph. Tt this advertisement for pubication in the sale newspaper taxing power. iPt eilsr^d 08117l2021 Ali interested persons are invited to attend the meeting in person or may part at the call-in number which can be obtained by contacting the Authority's e; r'i ..-.t set forth below, Persons may obtain a call-in number, submit questions or cot 1 i copies of the application for financing by email to the Authority's executive dinCia _ t alaw.ram or by calling Don Pkkworth at 239.404.1475. Persons are advised to appeal any decision made at this hearing, they will need a record of the pr such pur pose, they may need to ensure that a verbatim record of the proceedi Subscribed and sworn to cefona on August 18,2021 record includes the testimony and evidence upon which the appeal is to be based HOUSING FINANCE AUTHORITY OF COLLIER COUNTY /' Gen al Counsel and Executive Drrector f /a C, Pub Date: Aug 17.2021 NAtflry-§trite of Wi,County of orcwn My commission expo-es Publication E,Cost.5577. • t T i Ad No:0034867860 ELSE N Customer No:13071 45 Notary Public PO# TEFRA Dnttany oar i 7 e of VVisCO71s;n *of Affidavits' 1 This is not an invoice Notice of Public Hearing and Special Meeting Housing Finance Authority of Collier County Notir.e r,heeahy given that the Housing Finance Authority of Collier County(the"Authority")will conduct.s public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TETRA)and special meeting on August 25,2021,at 8:30 a.m.(local time)in the conference room, Suite 102,S8i I P.eii.an Bay Boulevard,Naples,FL 34108.Persons may attend the meeting through the participation options set forth below. The purpose of ti,c meeting will be receiving comments and hearing discussion concerning the proposed issuance of the Authority's Multifamily Housing Revenue Bonds to be used to finance the acquisitier,and iel-,abilitation of the following projects: Printer;t al Name of Project: Brittany Bay Apartments I Initial Ownei. Brittany Bay Apartments I,LLC,or other related party lax-exempt Fir.anccg Requested S36,200,000 Number of units: 184 Size of Site: 13.07 Acres Location: 14815 Triangle Bay Drive Naples,FL 34119 Projact.2 Name of Pro:c Brittany Bay Apartments II Initial Owner: Brittany Bay Apartments II,LLC,or other related party Tax-exr aa,t i _ ?,equested S40,800,000 a,i{Jnrl'ii?r.st us.:-:. 208 Size of Site: 37.22 Acres Location: 14925 Lighthouse Road Naples,FL 34119 ti ssueu,the taniiis.val be payable solely from the revenues derived by the Authority pursuant to Loe,rn A,sre.r ni or other financing documents between the Authority and the initial Owner The bones ss.. r.t ronstitute an indebtedness of Collier County,the State of Florida or any politi- cal suhdivr,io: r.es'rry thereof within the meaning of any constitutional or statutory debt limi tatiort or rest. or. The ad valorem taxing power of Collier County is not pledged and may not on compelled to bet exercised to make any payments of principal,premium(if any)or interest on the bonds. No property of the County or the State or any political subdivision or agency thereof will he pledger: tor payments of principal, premium(if any)or interest on the bonds, excepting only Use r ri:adgeri by the Authority as described in this paragraph. The Authority has no taxing power. All intt'reusrec:tarr;e rrs are invited to attend the meeting in person or may participate by calling in at the rai,-:r. which can be obtained by contacting the Authority's executive director as so! foci s t rsuers may obtain a call-in number,submit questions or comments,or request repliesof ,e: o .:t:on for financing by entail to the Authority's executive director at don_iidapp alaw cots cr t-y , Don Pickworth at 239.404 1475. Persons are advised that,if they decide to appeal air•, rion made at this hearing, they will need a record of the proceedings,and,for such purpose-, ray need to ensure that a verbatim record of the proceedings is made,which record a i.rr,- ,cetunony and evidence upon which the appeal is to be based. HOUSING FINANCE .UTHORiTY OF COLLIER COUNTY By:Donald A."^cca:or,h General Cocrce an.o Executive Director Pub Date: Au_ 2321 #4867860