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Resolution 1995-110 , , - 9 A ~ RESOLUTION NO. 95-110 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPERATE WITHIN THE BOUNDARIES OF COLLIER COUNTY; AUTHORIZING THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, TO ENTER INTO AGREEMENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; APPROVING A FORM OF INTERLOCAL AGREEMENT; APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $98,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1995 (MULTI- COUNTY PROGRAM), PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part N, Florida Statutes (the "Act") authorIzed counties to create housing finance authorities to exercIse powers of the Act within their boundaries or outside their boundaries with the consent of the governIng body of the territory outside thcir area of operation: and WHEREAS, the Board of County Commissioners of Escambia County, Florida, on May 29, 1980, adopted Ordinance No. 80-12, by which It created the Escambia County Housing Finance Authority (the "Escambia AuthOrity") and authorized the Escambla Authority to exercise all powers under the Act; and WHEREAS, pursuant to the Act the Board of County Commlssioners of CollIer County, Florida (the "Board"). has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in Colller County and did accordingly create the Housing Finance Authority of Colller County, Florida (the "Local Authority"); and WHEREAS, it is not practicable at this time under existing Florida and federal laws and regulations for a single local agency to Issue Its bonds for the purpose of implementing a single family housing program, although the shortage of such single famlly housing and capital for Investment thereIn Is continuing In Collier County; and WHEREAS, the Escambla Authority has by a resolution duly adopted on August 2, 1994, as amended and supplemented by resolutions duly adopted on January 10, 1995 and January 17, 1995 (collectively, the "Escambla Resolution") authorized the Issuance of not exceedIng $98,000,000 SIngle Family Mortgage Revenue Bonds, Series 1995 (MulU-County Program) (the "Bonds"), and has indicated to the Board Its willingness to exercise its powers in CoIlJer County to finance single family housIng thereIn as permitted by the Act upon approval of the Board: and WHEREAS, the Board desires to express Its approval of the action to be taken pursuant to the Escambia Resolution; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: MCL.09/13/94 HEV.O I /25/95.6102.COLLBCHF -1- .......-"-...-.-.------ '9 A Section 1. Because of the continuing shortage of affordable single family housing and capital for investment thereIn In Collier County and the continuing impedIments to a bond issue to alleviate such shortages as to single family housing, it Is hereby determined that the Board of County CommJssioners of CollIer County consents to the Escambia Authority exercising Its powers to issue the Bonds and to implement a program from a portion of the proceeds of the Bonds to finance single family housing within the statutory boundaries of Collier County: provided, that the Escambla Authority and the Local Authority first enter Into a written agreement setting forth the powers, duties and limitations of the Local Authority as they pertain to the use of said bond procceds within Collier County and payment of the Issuance costs for such Bonds, Section 2. In furUlerance of the purposes set forth In Section 1 hereof the Chairman or Vice-Chairman and Secretary or Assistant Secretary of the Local Authority are hereby authorized to execute such consents, intergovernmental agreements or other documents as shall be required to implement such single family housIng program and to provide for payment of ColUer County's proportionate share of costs of Issuance of such Bonds, all as shall be approved by counsel to the Local Authority, Section 3, The Interlocal Agreement, in substantially the form attached hereto as Exhibit "A", and made a part hereof, between the Local Authority and the Escambla Authority Is hereby approved, The officers of Local Authority are, upon due authorization and approval by that body, hereby authorized to enter into the Jnterlocal Agreement on behalf of the Local AuthOrity, Section 4. The Board hereby approves the Issuance by the EscambIa Authority of not exceeding $98,000,000 Single Family Mortgage Revenue Bonds, Series 1995 (Multi-County Program). and such other action to be taken pursuant to the Escambla Resolution. Section 5. All resolutions or parts thereof of the Board In conflIct with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 6, Adoption of thIs Resolution does not authorize or commlt the expenditure of any funds of CollIer County or of the Local Authority to pay the costs of issuance of such Bonds. Section 7, The approval of the Bonds contemplated by this Resolution shall not be deemed to abrogate any land development regulations of CoIlJer County, including, but not llmlled to, the County's Growth Management Plan and all concurrency requircmcnts contained therein, with respect to the acquisItion or construction of housing pursuant to mortgage programs under this bond program. Section 8. The Bonds shall not constitute a debt, or a pledge of the faIth and credit of the Local Authority. Collier County, the State of Florida or any polltlcal subdlvision thereof, and neither the Local Authority. CollIer County. the State of Florida nor and pollllcal subdlvision thereof shall be Uable thereon: nor in any event shall the Bonds be payable out of any funds or properties provided in the Indenture, No member of the Board or any officer of CollIer County shall be liable personally on the Bonds by reason of there Issuance. MCL.09/13/94 llEV.Ol/25/95.6102.COLLBCHF -2- 'f 9 A Section 9. ThIs Resolution shall take effect immediately upon its adoption. Duly adopted In the ~ ..J~. , session this 71"i.... day of li:L.. '?' 1995, COLLIER COUNTY, FLORIDA (SEAL) ,I, ~ f, J ATTEST: t. " ~WJ:GHT E. (BRO~}<, CLERK . ~'&/~~i"~r~o~~:t";': '/ Qtr . ' ',i I . :1 ", y, I: B, /' Cha Co BETTYE ]' /,\_", . Board of Co un loners J. MATTHEWS ~Ciifij furm & fegQI iUffl'Ciency ~~~/ County Attom MCL-09/13/94 REV.O 1/25/95-6102.COLLBCHF -3- a .I r t ~ Exhibit "A" FORM OF INTERLOCAL AGREEMENT THIS AGREEMENT made and entered Into this _ day of , 1995, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a publlc body corporate and polillc organized and existing under the laws of the State of Florida (hereinafter referred to as the "EscambIa Authority"). and the HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, a publlc body corporate and polillc organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority"): WIT N E SSE T H: WHEREAS, Part N of Chapter 159 of the Florida Statutes authorizes the creallon of housing finance authorilles within the State of Florida (the "State") for the purpose of IssuIng rcvenue bonds to assist in rellevlng the shortage of housing available at prices or rentals which many persons and families can afford: and WHEREAS, the EscambIa Authority has resolved to Issue not exceeding $98,000,000 Single Family Mortgage Revenue Bonds, Series 1995 (Multi-County Program) (the" 1995 Escambia Bonds"); and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the amount of Mortgage Subsidy Bonds which may be issued in each year Is limited by a private activity volume cap which has been establlshed for such purpose within the State: and WHEREAS, the limitations upon available portions of the volume cap prevent the separate issuance of bonds for each county from being feasibly and economically accompllshed: and WHEREAS, the Escambia Authority has authorized a sufficient amount of 1995 Escambla Bonds to fund the anticipated demand during 1995 for qualifying single family mortgages of both EscambIa County and Collier County. as well as certain other counties which may also parllcipate In a joint bond program: and WHEREAS, the aggregallon of mortgage loan demand and the securing of the related amount of the State volume cap (the "A1locallon Amount") granted by the State through 1995 (the "Authorlzallon Period") for the purpose of issuIng bonds to finance qualtfying single family development (the "Bonds") will result In a wider allocation of fixed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the Issuance of Mortgage Subsidy Bonds would be less economical; and WHEREAS, Sections 159,603 and 159,604, FlorIda Statutes, authorize Collier County (the "Parllcipallng County") to approve the issuance of revenue bonds through the EscambIa Authority to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of MCL-09/14/94 Hcv.O 1 /25/95-61 ot.-CO LL- JA -1- 9 A County Commissioners of the ParticIpating County adopted on 1995 (the "County Resolution"); and WHEREAS, Sccllons 163.01, 159,608 and 125,01, Florida Statutes, and the County Resolution authorize thIs Agreement by conferring the authority to exercise or contract by agrecment upon the Escambla Authority to exercise those powers which are common to it and the other parties hereto and to Include the Participating County within the Escambia Authority's area of operation pursuant to Florida Statutes, Section 159.603(1) for the purpose of issuing bonds based on the Allocation Amount to (1) make avallable funds to finance qualIfying single family housing development located within the Parllcipatlng County in accordance herewith, (2) establlsh the reserves therefor, and (3) pay the costs of Issuance thereof (the "Program"). NOW THEREFORE, the parties agree as follows: Section 1. Allocation Amount; Substitution of Bonds. The Local Authority hereby authorizes the Escambia Authority to issue Stngle Family Mortgage Revenue Bonds from time to time based on the Allocation Amount for the purpose of financing the program and making funds available for qualifying sIngle family housing developments in the ParticIpating County. Any 1995 Escambla Bonds Issued based upon Allocation Amounts avallable from prIor bonds of the Escambia Authority eligIble for use In Collier County are hereby approved, The Local Authority hereby authorizes the Escambla Authority to utilize the Allocation Amount ellgible wIlliin CollIer County pursuant to prior years' allocations incorporated In the 1995 Escambla Bonds on behalf of the Local Authority for llie purpose of financing the Program, Including funding of qualifying singlc family mortgages in llie Participating County, and the Escambla Authority is hcreby desIgnated as the bond Issuing authority for the Local Authority with respect to such prior years' Allocallon Amounts. The proceeds of the Bonds shall be allocated and applied to the funding of mortgage loans within the varIous PartlcipalJng CounlJes and for reserves and the payment of costs of Issuing the Bonds, all in accordance wIth final program documents approved by the EscambIa Authority, All revenues generated by bonds Issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambla Authority or its agents and all payments due from such revenues shall be paId by the Escambla Authority or its agents without further action by the Local Authority, Section 2. Administration. The EscambIa AuthorIty hereby assumes responsIbillty for administering thIs Agreement by and througl1Its employees, agents and officers: provided, however, that the Local Authority retains and reserves Its right and obllgatIon to require reasonable reporting on programs desIgned for and operated within the Parllcipallng County, Including, but not limited, to, reasonably avallable mortgagor or profile data, The EscambIa Authority and Its agenis shall provide the Local Authority with such reports as may be necessary to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responslbllIty to negotiate. define, market. sell, Issue and deliver Its Bonds in the maximum amount determined in the sole discretion of the EscambIa Authority, based upon mortgage loan demand, permitted by law to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accompUsh such purpose, All ellgible lendable proceeds of the Bonds attributable to the mortgage loan demand In Collier County shall be reserved for use In originating mortgage loans in Colller County for an lnitlal period of 120 days. MCI..09/14/94 flev.() 1/25/95.61 o2,COLL- IA -2- (' , ./ f\ The Issuance and administration costs and expenses related to the Bonds Issued to finance the housing program and admJnlstratlon of such program shall be paid from proceeds of the Bonds and revenues generated from the housing program. Section 3. Program Parameters. (a) Upon request of the Escambla Authority, the Local Authority shall, to the extent permitted by law, (I) approve, establlsh. and update, from time to time as necessary, upon the request of the Escambla Authority, such program parameters including, but not llmited to, maximum housing price and maximum adjusted family income for ellgible borrowers, as may be requIred for any bonds Issued by the Escambia AuthOrity pursuant to this Agreement and (il) approve the allocation of mortgage loan moneys for each ParticIpant offertng to originate Mortgage Loans within the Participating County, Unless otherwise notified in wrlling by the Local Authority, the Escambla Authority may from lime to Ume approve and establish such maximum prJce and family income amounts at the maximum levels providcd pursuant to the Code without further action of the Local Authority or Participating County, (b) The fees and expenses of the Local Authority shall be paId from the proceeds of the program In the manner and to the extent mutually agreed upon by the officIals of the Local Authorily and the Escambia Authority at or prIor to Issuance of the 1995 Escambla Bonds. Section 4, Term. ThIs Agreement will remaJn In full force and effect from the date of Its execullon untll such time as it is tenn1nated by any party upon 10 days written notice to thc other party hereto, NotwithstandIng the foregoing. It is agreed that this Agreement may not be terminated by any party durtng any period that the Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Bonds are stlll In the possessIon of the Escambla Authority or lls agcnts pendIng distribution, unless eIther (1) the partIes to this Agreement mutually agree In writing to the terms of such termination or (2) such tenninatlon, by Its terms, only applles prospectively to the authorization to Issue Bonds and for which no purchase contract has been entered into, It Is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each othcr in fulfilling the obligations associated with the issuance of bonds pursuant to this Agreement. Section 5. Indemnity. To the full extent permitted by law, the Escambla Authority agrees to hold the Participating County and the Local Authority harmless from any and all Iiab!!lty for repayment of prtncIpal of and interest or penalty on the Bonds, and the members and officlals of the ParticIpating County and of the Local Authority harmiess from any and all Iiabllity in connection with the approval rendered pursuant to Sections 159,603 and 159,604, Florida Statutes, The EscambIa AuthOrity agrees that any offering, circular or officIal statement approved by and used in marketing the 1995 Escambia Bonds wtIllnclude a statement that Bondowners may not look to the Participating County or the Local AuthorIty for payment of the Bonds and Interest or premium thereon. MCL.09/14/94 f!cv.o 1/25/95-61 o2.COLL- IA -3- '.' 9 A IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the day of , 1995, (SEAL) ATTEST: Secretary ATTEST: Secretary (SEAL) ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY By: Chairman HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: Chairman MCL-09/14/94 Hcv.Q 1/25/95.6102.COLL- IA -4- '.' The undersigned Authority of Collier County, Florida, and complete copy of the and Date: (SEAL) MCL-09/14/94 Rcv.{) 1/25/95-6102.COLL- IA .1995. . 1995 9 A ~ of the Housing Finance does hereby certifY that the foregoing Is a true Interlocal Agreement executed by the as of Its: -5-