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Backup Documents 09/14/2021 Item #16K 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingdines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 9/14/21 4. BCC Office Board of County QI'C' '�� Commissioners . I s1 q- 5. Minutes and Records Clerk of Court's Office 'tf i7I 44'•ab PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123 Contact/ Department Office of the County Attorney Agenda Date Item was 9/14/21 Agenda Item Number 16-K-6 Approved by the BCC Type of Document 2 Resolutions authorizing issuance of Number of Original (ttw Attached revenue bonds—Brittany By Apts Ph,I&II Documents Attached PO number or account N/A cppo2 f i�9 ephis,e. number if document is 0/0�,1`�D^ Cr u1�\ to be recorded ' � INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable colum hichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur TAMP Ok N/A 2. Does the document need to be sent to another agency for addi ' atures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 9/14/21 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's JAK Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the i BCC,all changes directed by the BCC have been made,and the document is ready for the (/ I Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16K 6 RESOLUTION 2021-1 7 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $36,200,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, (BRITTANY BAY APARTMENTS PHASE I) 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 2021-05 (the "Authority Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $36,200,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, (Brittany Bay Apartments Phase I)(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-00873/1661636/1] 16K 6 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 t`'i Way of September 2021. ATTEST: _ BOARD OF OUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER ye Y, FLORID By: ►:11 J AFA. By: Attest as to 'bagel.ifPePultY Cl Penny Taylor, hair SIrattire4 Approved r : ati ri and legality: Jeffrey A. 1,' .t i , C o unty Attorney Attachment: Exhibit A-Authority Resolution 2021-05 1 6K 6 EXHIBIT A TO COUNTY RESOLUTION PERTAINING TO BRITTANY BAY APARTMENTS PHASE I: HOUSING FINANCE AUTHORITY OF COLLIER COUNTY RESOLUTION 2021-05 ADOPTED AUGUST 25,2021 1 1 6K b RESOLUTION NO. 2021-05 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $36,200,000 IN INITIAL PRINCIPAL AMOUNT OF ITS MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2021 (BRITTANY BAY APARTMENTS PHASE I) 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 I, LLC;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Brittany Bay Apartments I, 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 Phase I) in a principal amount not to exceed $36,200,000 (the "Bonds") for the purpose of financing a portion of the costs of the acquisition.rehabilitation,equipping and development of a 184-unit multifamily residential housing facility known as "Brittany Bay Phase I"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 $36,200.000 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 any.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 1 6K 6 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 Iaw(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 AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: I. 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. EXECUTION 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 herewith 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 principal amount of not to exceed$36,200,000. 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$36,200,000 for the purpose of financing a portion of the Project described in such Memorandum of Agreement. The Bonds shall be designated the "Housing Finance Authority of Collier County, Florida Multifamily Housing Revenue Bonds. Series 2021 (Brittany Bay Apartments Phase 1)" 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 16K 6 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. APPROVAL 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. Pickworth. P.A., is duly appointed Issuer`s Counsel. 9, LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the Authority, Collier County, the State of Florida or any other political subdivision or agency thereof, but shall be payable solely 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. 10. LIMITED APPROVAL. The approval given herein shall not 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 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 of Agreement are conditioned upon and subject to: (I) 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 Collier County, Florida. to use the tax exempt volume cap allocation potentially available to the Authority to issue the Bonds; (2) receipt of the necessary tax exempt volume cap allocation from 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 limited partner and as otherwise specifically approved by the Authority); (5) the 3 1 6K 6 number of multi-family units to be rehabilitated by the Company not decreasing by more than five (5%)percent from the 184 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 its sole and absolute discretion. In the event that any of the foregoing events shall not take place, 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 Memorandum 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 documents for obtaining and preserving an allocation from the State of Florida, Division of Bond Finance upon request by the Company. This Resolution shall take effect immediately. 4 16K 6 ADOPTED this 25th day of August, 2021. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY,FLORIDA ATTEST: By: By- Sep.+r.a.ry Chairrntfi 5 1 K EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF PUBLIC HEARING A-1 16K 6 ir D, zlitti Nir i, ,,...,,L PART Of THE USA TODAY NE IWORK Published Daily Naples, FL 34110 PICKWORTH DONALD -.A. 725 HIGH PINES DR Notice of Public Hearing and Special Meeting NAPLES,FL 34103 Housing Finance Authority of Collier County Notice is hereby givers that the Housing Finance Authority of Collier County(tt conduct a public hearing in accordance with the Tax Equity and Fiscal Respon Affidavit of Pubiica .i,,. (TERRA)and special meeting on August 25,2021,at 8:30 a.m (local time)in th Suite 162,5811 Pelican BayBoulevard, Naples, FL 34108.Persons may attend st STATE OF WISCONS!v p 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 Before the urders:grac ey serve as the authority, the acquisition and rehabilitation of the following projects: personally appeared sa:a , ar clerk vfio on oath says that Project k1 he/she serves as ?eoa: .^::is of the Naples Daily News, a Name of Project: Brittany Bay Apartments I initial Owner: Brittany Say Apartments I,LLC,or other daily newspaper putits:a: a: Naples, in Collier County, Tax-exempt Financing Requested $36,200,000 Florida; distributec .n c and Lee counties of Florida; Number units 18a Size of Sitteo: 13.07 Acres that the attaches copy Inc advertising was published in Location: 14815 Triangle Bay Drive said newspaper on cat' s'er, Aff:ant further says that the Naples,FL 34119 said Naples Daily 'ii',s s a newspaper published at Project#2 Naples, in sate Coll e' O_.cfy Florida, and that the said Name of Project: Brittany Bay Apartments II Initial Owner: Brittany Bay Apartments II,LLC,or other newspaper has hereto ;een continuously published in Tax-exempt Financing Requested 140,800,000 said Number of units: 208 Size of Site: 37.22 Acres Collier County, Florida 3.st.T:puled n Collier and Lee Location. 14925 Lighthouse Road counties of Florida. e.n tri day and nas been entered as Naples,FL 34119 second class matt ma :he post office in Naples. in If issued,the bonds will be payable solely from the revenues derived by the Au said Collier County t t a period of one year next a Loan Agreement or other financing documents between the Authority anc . The bonds will not constitute an indebtedness of Collier County, the State of F preceding the Prat ti _- of the attached copy of cal subdivision or agency thereof within the meaning of any constitutional or advertisement; ar0 albs ru rner Says that he has neither tat ion or restriction. The ad valorem taxing power of Collier County is not ph norbe compelled to be exercised to make any payments of principal, premium of paidpromised an- e'_cr or corporation arty discount, the bonds. No property of the County or the State or any political subdivision rebate, commissi0n o_ _f.;-d for the purpose of securing will be pledged for payments of principal, prenlium (if any)or interest on th only the revenues pledged by the Authority as described in this paragraph, Tr this advertisement for Our _.-,:-the sots newspaper. taxing power All interested persons are invited to attend the meeting in person or may part IPuc 08/17/2021 at the call•in number which can be obtained by contacting the Authority's e: set forth below. Persons may obtain a call-in number, submit questions or cot i€ s t " copies of the application for financing by email to the Authority's executive dlr. _ e alaw.rem or by calling Don Pickworth at 239.404.1475. Persons are advised to appeal any decision made at this hearing, they will need a record of the pr such purpose, they may need to ensure that a verbatim record of the proceedi Subscribed and sworn it:IS":';- on August 18,2021 record includes the testimony and evidence upon which the appeal is to be based f HOUSING FINANCE AUTHORITY OF COLLIER COUNTY +'i By:Donald A.Pickworth lrt Pub Date: Aug 17o �2021 ExecutiveGeneral Director Nptary,St e of WICL:' ,::r My cOmmissi0n expires Publication Cost a577.L .___ Ad No:004887550 -, 2RAH BERTELSEN 1 Customer No:13 7-45 No:ary Public PO# TEFRAoittatv5=. :2ti' Of VViSCOfI n #of Affidavits' i. 5 t M.av This is not an in Fa ce 16K 6 Notice of Public Hearing and Special Meeting Housing Finance Authority of Collier County Notice is her.. e-ev that the Housing Finance Authority of Collier County(the"Authority")will conduct:r p,:# n r ng in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA)and rt eetirut on August 25,2021,at 8:30 a.m.(local time)in the conference room, Suite 102,`,r8I an Bay Boulevard,Naples,Ft 34108.Persons may attend the meeting through the p.artnip set forth below. The purpot= r e:e'etinq will be receiving comments and hearing discussion concerning the rarclxsed tssz site Authority's Multifamily Housing Revenue Bonds to be used to finance the stcr =isitir r 4iabilitatian of the following projects: muter• Name of a, ca Brittany Bay Apartments I Initial O vne;. Brittany Bay Apartments I,LLC,or other related party Requested S36,200,000 Number esf units: 184 Size of Site, 13.07 Acres Location 14815 Triangle Bay Drive Naples,FL 34119 Name oi Brittany Bay Apartmerts II initial O Brittany Bay Apartments 11,LLC,or other related party T ,,• ?eques-ed 540.800,000 208 Size of S:te: 37.22 Acres Location: 14925 Lighthouse Road Naples,FL 34119 it t.st e t v'.":,be pa/wale solely from the revenues derived by the Authority pursuant to n r t ,• u, other financing documents between the Authority and the Initial Owner. .,-a,stiiitte an indebtedness of Collier County, the State of Florida or any potiti- s thereof within the meaning of any constitutional or statutory debt limi• ;irrra r < The ad valorem taxing power of Collier County is not pledged and may not s- nc n er ;:xercisecf to make any payments of principal,premium(if any)or interest on hoz ost; 1 ;.erty of the County or the State or any political subdivision or agency thereof will he pir.dc,' payments of principal, premium (if any)or interest on the bonds,excepting only the ci er r..,.',t-::ged by the Authutity as described in this paragraph. The Authority has no taxing power. All lore, are invited to attend the meeting in person or may participate by calling in r: tr, htci:can be obtained by contacting the Authority's executive director as tie i, r: rues may obtain a call-in number,submit questions or comments,or request pies c >.e: a - ,ri for financing by email to the Authority's executive director at Slop#Sla.pp ,rr rc it or: Don Pickworth at 239.404.1475. Persons are advised that, if they decide to apnea, cc .r,made at this hearing,they will need a record of the proceedings,and,for such need to ensure that a verbatim record of the proceedings is made,which ,;tunny and evidence upon which the appeal is to be based. 1-OLUS f<G='."cr ,- HORlTY OF COLLIER COUNTY Sy:Donald cc ar Genera Co...- Sxecut�lve Director Pub Date: r. *4867860 16K 6 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] 1 +6 K 6 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 1-A t'rr day of September 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER O Y, FLORID By 1 L; By: Attatt as to Chaim P'Peputy l Penny Taylor, air SipettlreQ iY Approved . d legality: ...— Jeffrey A. 4.tzko , County Attorney Attachment: Exhibit A-Authority Resolution 2021-06 [21-S0C-00873/1661637/1] 16K 6 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 1 16K 6 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 Iaw(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 $40.800,000 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 any.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 1 6 K 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 At iHORITY OF COLLIER COUNTY, FLORIDA, THAT: I. 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. EXECUTION 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 here,ith 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 principal 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 shaL, oe 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 _::•oject. 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 16K 6 representatives of Collier County, Florida under and pursuant to the Act and Section I47(0 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. b. 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 1 ROVAL 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. A°PGINTYIENT OF COUNSEL. The firm of Nabors, Giblin & Nickerson, P.A. is duly appoimed Bond Counsel in connection with the issuance of the Bonds. Donald A. Pickw orth• P.A.. is duly appointed Issuer's Counsel. 9. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an is centedness or pledge of the general credit or taxing power of the Authority, Collier County. the State of Florida or any other political subdivision or agency thereof, but shall be payabi: sole from the revenue pledged therefor pursuant to a project loan agreement or other tfinancin t agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Lt.+ I T ED APPROVAL. The approval given herein shall not be construed as an approval of a n 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 and/or of any city in which the proposed Project is to he 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 oAgreement 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 C oilier County. Florida. to use the tax exempt volume cap allocation potentially available to the Authority to issue the Bonds; (2) receipt of the necessary tax exempt volume cap allocation from the State of Florida Division of Bond Finance; (3) receipt of the approval of the Project and toe 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 i ,'ted partner and as otherwise specifically approved by the Authority); (5) the 3 16K 6 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 .a sole and absolute discretion. In the event that any of the foregoing events shall not take place. 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 Memoranda . of Agreement to request private activity allocation with respect to such Bonds, the Chairman. , c Chairman, or Authority's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State of Florida, Division of Bond Finance upon request by the Company. This Resolution shall take effect immediately. 4 1 6K 6 ADOPTED this 25th day of August, 2021, HOUSING FINANCE AUTHORITY OF COLLIER COUNTY,FLORIDA ATTEST: By: . _ Secretary Chairma 5 16K EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF PUBLIC HEARING A-I 1 6 K 6 4. , ijniitj Nrnn ......e\i‘ ' PART OF TI-fE USA TODAY NETWORK Published Daily Naples,FL 34110 PICKWORTH DONALD P.A. 725 HIGH PINES DR NAPLES,FL 34103 Notice of Public Hearing and Special Meeting Housing Finance Authority of Collier County Notice is hereby given that the Housing Finance Authority of Collier County(tt 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 STATE OF WISCONSIN Suite 102,5811 Pelican Bay Boulevard, Naples, FL 34108. Persons may attend tt the participation options set forth below. COUNTY CF 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 un¢ers!gne¢ they serve as the authority, personally appeared sato legal clerk who on oath says that Project k1 tie/she serves as Legal Clerk of the Naples Daily News, a Name of Project: Brittany Bay Apartments 1 Initial Owner: Brittany Bay Apartments 1,LLC,or other daily newspaper publishes at Naples, in Collier County, Tax•exempt Financing Requested S36,200.000 Florida, distributed in Collier and Lee counties of Florida; Number of units: 184 that the attached copy of the advertisingwas La of 1481 Acres published in Location: 14815 Triangle Bay Drive said newspaper on dates listed. Affiant further says that the Naples,FL 34119 said Naples Daily News is a newspaper published at Project#2 Naples, in said Collier County, Florida, and that the said Name of Project: Brittany Bay Apartments II Initial Owner: Brittany Bay Apartments It,LLC,or other newspaper has heretcf3re beer, continuously published in Tax-exempt Financing Requested $40,800,000 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 mail matter at the post office in Naples, in it issued,the bonds will he payable solely from the revenues derived by the Au said Collier County. Po:t a, 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 plr be compelled to be exercised to make any payments of principal, premium tit paid nor promised any parser. or corporation any discount, the bonds. No property of the County or the State or any political subdivision witl be pledged !or payments of principal, premium (if any)or interest on rebate, commission or refund for the purpose of securing this advertisement for pus+ ar•cn tr the sale newspaper only the revenues pledged by the Authority as described in this paragraph. Tt taxing power. iPubiis ^d 0$117l2021 All 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 a: i t J set forth below. Persons may obtain a call-in number, submit questions or co, f copies of the application for financing by email to the Authority's executive dir alaw.rom or by calling Don Pickworth at 239.404.1475. Persons are advised j to appeal any decision made at this hearing, they will need a record of the pr such purpose, they may need to ensure chat a verbatim record of the proceedi Subscribed and sworn to beicre on August 18,2021 record includes the testimony and evidence upon which the appeal is to be based ij HOUSING FINANCE AUTHORITY OF COLLIER COUNTY By:Donald A.Pickworth t • General Counsel and Executive Director At r, ;•+ !', Pub Date: Aug 17.2021 Nathry-aSt.to of WI County of orcvm i r •_. My commission expires Publication Cost;$577.53 Ad No:0004857E180 •':t R A\H BE P T E L S E N Customer No:1307145 Notary Public PO# TE:FRAEnttany ;af E^1e Of WtSCOr1S:rl #of Affidavits' 1 This is not an invoice 16K 6 Notice of Public Hearing and Special Meeting Housing Finance Authority of Collier County Notice is hereby given that the Housing Finance Authority of Collier County(the"Authority")will conduct put}lrc hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA)and special meeting on August 25,2021,at 8:30 a.m.(local time)in the conference room, Suite 102,;Sit Pell(an Bay Boulevard,Naples,FL 34108.Persons may attend the meeting through the pariiriptiun options set forth below. The purpose Of :i;e 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 acquisitiur:anu rehabilitation of the following projects: Prnjri;t 41 Name of Project: Brittany Bay Apartments I Initial Owner: Brittany Bay Apartments t,LLC,or other related party Tax-exempt Fn arc:-,g Requested 536,200,000 Number of units: 184 Size of Site: 13.07 Acres Location: 14815 Triangle Bay Drive Naples,FL 34119 Prc joct z 2 Name of Pro;sc:. Brittany Bay Apartments Il initial O>. re-: Brittany Bay Apartments II,LLC,or other related party Tax-exempt ; Requested S40.600,000 r€tro,her.i t,r: 208 Size of Site: 37.22 Acres Location: 14925 Lighthouse Road Naples,FL 34119 It.stkiti,c, the Itowis w it be payable solely from the revenues derived by the Authority pursuant to Loan Agee., C,It or other financing documents between the Authority and the Initial Owner The bonds:s. r ronctitute an indebtedness of Collier County,the State of Florida or any politi- cal subde vistcn: .y'n y thereof within the meaning of any constitutional or statutory debt limi- tation o cos-, or. The ad valorem taxing power of Collier County is not pledged and may not ise corn+e;ed i i.=exercised to make any payments of principal,premium(if any)or interest on the bonds. No,rrof:oily of the County or the State or any political subdivision or agency thereof will by. frtecfr r< for payments of principal, premium(if any)or interest on the bonds, excepting only tiik,reve;,Se,, o„=dged by the Authority as described in this paragraph. The Authority has no taxing power. All Inter ester:pnn,utts are invited to attend the meeting in person or may participate by calling in at the coil-r, which can be obtained by contacting the Authority's executive director as s::forth t t:. ,suns may obtain a call-in number,submit questions or comments,or request copies o r e ai a 0i nn for financing by entail to the Authority's executive director at dongttlapp airy,cr n,or;T ,ig Don Pickworth at 239.404.1475. Persons are advised that,if they decide to appeal t :-on made at this hearing, they will need a record of the proceedings, and,for such purer s,-. nay need to ensure that a verbatim record of the proceedings is made,which recorn a .t;. :uitirnony and evidence upon which the appeal is to be based. HOUSING Fire.A\Cz.A.UTHORITY OF COLLIER COUNTY By:Donald A. General Coon.,- a:a Executive Director Pub Date: A;. : ,2321 #4867860