Item L1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 13 -14, 2000
Division: Monroe County Housing
Finance Authority
Bulk Item: . Yes X
No
Department: .
(Staff will be present at BOCC meeting for any questions)
AGENDA ITEM WORDING:
A RESOLUTION APPROVING ISSUANCE BY THE HOUSING FINANCE AUTHORITY
OF LEE COUNTY (FLORIDA) OF ITS SINGLE F AMIL Y MORTGAGE REVENUE BONDS IN
THE AGGREGATE AMOUNT NOT TO EXCEED $99,000,000 TO PROVIDE FUNDS TO
FINANCE QUALIFYING SINGLE F AMIL Y MORTGAGE LOANS IN VARIOUS COUNTIES
WITHIN THE STATE OF FLORIDA, INCLUDING MONROE COUNTY; AND PROVIDING AN
EFFECTIVE.
ITEM BACKGROUND:
The Monroe County Housing Finance Authority (MCHF A) unanimously adopted attached Resolution
00-02 on October 19, 2000 authorizing participation in the issue of a single family Mortgage Revenue
Bonds for the purpose of providing below market rate mortgage loans to qualifying first time
homebuyers through local participating mortgage lenders.
PREVIOUS RELEVANT BOCC ACTION:
1997 Monroe County, through the Monroe County Housing Finance Authority, participated in a
Mortgage Revenue Bonds issue with the Housing Finance Authority of Lee County as the
primary agent.
1996 Monroe County, through the Monroe County Housing Finance Authority, participated in a
Mortgage Revenue Bonds issue with the Housing Finance Authority of Pine lias County as the
primary agent.
I STAFF RECOMMENDATION:
Approval
TOTAL COST: $-0-
COST TO COUNTY: $-0-
APPROVED BY: County Attny.
anuel Castillo, Director, Special Programs Office
onroe County Housing Authority
DEPARTMENT APPROVAL:
DOCUMENTATION:
Included X
--
To Follow
Not Required_
DISPOSITION:
(-LJ
RESOLUTION NO. -2000
A ReSOLUTION APPROVING THE ISSUANCE BY THE HOUSING
FINANCE AUTHORITY OF LeE COUNTY (FLORIDA) OF ITS SINGLE
FAMILY MORTGAGE REVENUE BONDS IN THE AGGREGATE AMOUNT
NOT TO EXC-EED $99,000,000 TO PROVIDE FUNDS TO FINANCE
QUALIFYING SINGLE FAMILY MORTGAGE LOANS IN VARIOUS
COUNTIES WITHIN THE STATE OF FLORIDA, INCLUDING MONROE
COUNTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Housing Finance Authority of Lee County (Florida) (the "Lee Authority")
has authorized the initiation of official action to issue its Single Family Mortgage Revenue
Bonds (the "Lee Bonds") to provide financing of qualified owner-occupied single family
residences to alleviate the shortage of housing in various counties within the State of
Florida, including Monroe County and other counties within the State which agree to
participate (collectively, the "Counties") by acquiring certain mortgage loans or securities
backed by mortgage loans originated by lending institutions to finance the purchase of
single family, owner-occupied houses for low, moderate or middle income persons or
families in the Counties. The Lee Bonds to be issued as described herein, are referred to
herein as the "Bonds.A
WHEREAS, Section 159.603, Florida Statutes, as amended, authorizes the Board to
approve the operating of the Lee Authority within the territorial boundaries of Monroe
County (the "County").
WHEREAS, combining the authority to issue single family mortgage revenue bonds of
the Lee Authority, the County and any other counties desiring to participate in the issue, will
permit mortgage loans to be made available at rates below the rates otherwise attainable
through separate issues.
WHEREAS, such a program would benefit the County and aid in alleviating a shortage of
affordable housing and capital available for investment therein within the County.
NOW, THeREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. Pursuant to Section 159.603, Florida Statutes, as amended, the operation
of the Lee Authority within the territorial boundaries of Monroe County as described herein,
is hereby approved.
Section 2. The execution and delivery of the Interlocal Agreement, authorizing the
issuance of the Bonds to finance qualifying single family mortgage loan p~rams in Lee
County, the County and other participating counties, a proposed form of which is attached
hereto as Exhibit "A" is hereby authorized. The form of the Interlocal Agreement attached
hereto as Exhibit "A" is hereby approved, subject to such changes, insertions and omissions
and such filling of blanks therein as may be approved and made in such form by the officers
of the -County and the Lee Authority executing same, such execution and delivery to be
conclusive evidence of such approval. The Chairman or Vice Chairman and the Clerk or
Deputy Clerk of the Board are hereby authorized and empowered to execute and deliver the
Interlocal Agreement, subject to such changes, modifications, additions, deletions and
substitutions as such officers executing the same shall approve, and to affix thereto or
impress thereon the seal of the County.
Section 3. This resolution shall take effect immediately upon its adoption.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Neugent
Mayor Pro Tern Williams
Commissioner McCoy
Commissioner Nelson
Commissioner Spehar
By:
Mayor/Chairman George Neugent
SEAL:
ArreST:
Approved as to fl:>rm and legal sufficiency:
Date:
EXHIBIT A
INTERLOCALAGREEMENT
THIS AGREEMENT made and entered into by and between the HOUSING FINANCE
AUTHORITY OF LEE COUNTY (FLORIDA), a public body corporate and politic organized and
existing under the laws of the State of Florida (hereinafter referred to as the "Lee Authority"),
and MONROE COUNTY, FLORIDA, a public body corporate and politic organized and existing
under the laws of the State of Florida (hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Chapter 159, Part IV, Florida Statutes, as amended, authorizes the
creation of Housing Finance Authorities within the State of Florida (the "State") for the
purpose of issuing revenue bonds to assist in relieving the shortage of housing available at
prices or rentals which many persons and families can afford; and
WHEREAS, the Lee Authority has resolved to issue not exceeding $99,000,000 Single
Family Mortgage Revenue Bonds, Series 2001 (the "Lee Bonds"); and
WHEREAS, pursuant to Section 143 of the Internal Revenue Code of 1986 (the
"Code"), as amended, the amount of private activity bonds, including qualified mortgage
bonds, which may be issued by governmental units in any calendar year is limited, and is
available for allocation to issuers within the State in accordance with Chapter 159, Part VI,
Florida Statutes, as amended; and
WHEREAS, pursuant to individual interlocal agreements to be entered into between
the Lee Authority and the Housing Finance Authorities of other counties (or with other
counties in the absence of a housing finance authority) within the State, including Monroe
County (collectively, the "Counties"), each of the Counties will delegate its authority to
purchase mortgage loans or securities backed by mortgage loans originated within the
territorial boundaries of its' respective county to the Lee Authority (the territorial boundaries
of Lee County and the territorial boundaries of the Counties, collectively, the "Area of
Operation"); and
WHEREAS, by combining the allocation amounts of the Lee Authority and the
Counties, the Lee Authority will be able to make available mortgage loans at rates below the
rates otherwise attainable if any of the Counties undertook a separate issue; and
WHEREAS, the issuance of the Lee Bonds by the Lee Authority for use in the Area of
Operation will result in a wider allocation of fixed expenses and achieve certain other
economies of scale that will have the effect of reducing the interest on mortgage loans that
otherwise would have to be charged; and
WHEREAS, Sections 125.01, 163.01, 159.608 and 159.803(1), Florida Statutes, as
amended, authorize the Lee Authority and the County to enter into this Interlocal Agreement
in order to make the most efficient use of their respective powers, resources and capabilities
by authorizing the Lee Authority to exercise those powers which are common to them for the
purpose of issuing one or more series of the Lee Bonds to finance qualifying single family
mortgage loan programs for the entire Area of Operation.
NOW, THEREFORE, the parties agree as follows:
Section 1. Substitution of Bonds: Exoenses. The County hereby grants authority to
the Lee Authority to issue its Single Family Mortgage Revenue Bonds to finance qualifying
single family housing mortgage loans described in the resolutions authorizing the Lee
Bonds, and any such Lee Bonds issued for such qualifying housing mortgage loans in the
County are hereby deemed to be in full substitution for an equivalent principal amount of the
County's Bonds. All revenues generated by bonds issued pursuant to this Agreement and by
the use of the proceeds thereof, will be administered by the Lee Authority or its agents and
all payments due from such revenues shall be paid by the Lee Authority or its agents without
further action by the County.
The fees and expenses, if any, incurred by the County and/or the County Attorney
with respect to the single family mortgage revenue bond program specified in this
Agreement, shall be paid from the proceeds of any bonds allocable for use in the County and
issued pursuant to this Agreement or from program fees contributed by participating
lenders. Such fees and expenses payable from proceeds of the Lee Bonds shall not exceed
$1.00 per $1,000 principal amount of Lee Bonds allocated for use in the County.
Section 2. Administration. The Lee Authority hereby assumes responsibility for
administering this Agreement by and through its employees, agents and officers; provided,
however, that the County retains and reserves its right and obligation to require reasonable
reporting on programs designed for and operated within the County. The Lee Authority and
its agents shall provide the County with such reports as may be necessary to account for
funds generated by this Agreement.
The Lee Authority shall have full authority and responsibility to negotiate, validate,
market, sell, issue and deliver its Lee Bonds in such amount as the Lee Authority shall in its
sole judgment determine (taking into account lender demand and available allocation of
private activity bond issuance authority pursuant to Chapter 159, Part VI, Florida Statutes,
as amended) to finance qualifying single family housing mortgage loans in the County and to
take such other action as may be necessary or convenient to accomplish such purpose, such
bonds to be issued in one or more series as determined by the Lee Authority. All lendable
proceeds of Lee Bonds attributable to the private activity bond allocation for the County
shall be reserved for use in originating mortgage loans in the County for an initial periOd of
six months in which such series of Lee Bonds is issued (or such other period as required by
law at the time of issuance), whichever is later.
Section 3. Program Parameters. The County shall determine the methodology for
establishing and establish initial maximum housing prices and initial maximum adjusted
family income for eligible borrowers in the County in accordance with the Code, and in each
subsequent year, the Lee Authority shall adjust maximum housing prices and maximum
adjusted family income for eligible borrowers in the County using the methodology
determined by the County in accordance with the Code. The County hereby consents and
agrees to the establishment by the Lee Authority of all other program parameters including,
but not limited to, selection of allocations among participating lenders as may be required
for any bonds issued by the Lee Authority pursuant to this Agreement. The Lee Authority
shall select allocations among participating lenders in the County based on lender demand
in the County, available allocation of private activity bond issuance authority, and the
lenders' performance in prior bond programs.
Section 4. Term. This Agreement will remain in full force and effect from the date of
its execution until the date when no Lee Bonds remain outstanding; provided that any party
hereto shall have the right to terminate this Agreement upon 30 days' written notice to the
other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not
be terminated by any party during any period that any series of Lee Bonds issued pursuant
to the terms hereof remain outstanding, or during any period in which the proceeds of such
Lee Bonds are still in the possession of the Lee Authority or its agents pending distribution,
unless the parties to this Agreement mutually agree in writing to the terms of such
termination. It is further -agreed that in the event of termination the parties to this
Agreement will provide continuing cooperation to each other in fulfilling the obligations
associated with the issuance of Lee Bonds pursuant to this Agreement.
Section 5. Indemnity. The Lee Authority agrees to hold the County harmless, to the
extent permitted by law, from any and all liability for repayment of principal of and interest
or penalty on the Lee Bonds or in connection with the approval by the County of the program
parameters as required by Section 3 of this Agreement, or in connection with the approval
rendered by the County pursuant to Sections 159.603 and 159.604, Florida Statutes, as
amended. The Lee Authority agrees that any offering circular or official statement approved
by and used in marketing the Lee Bonds will include a statement that Bondholders may not
look to the County for payment of the Lee Bonds and interest or premium thereon.
Section 6. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof as of
HOUSING FINANCE AUTHORITY OF
LEE COUNTY (FLORIDA)
(SEAL)
By
Chairman
ATTEST:
By:
Secretary/Treasurer
MONROE COUNTY, FLORIDA
(SEAL)
.r
By:
Chairman, Board of County
Commissioners
ATTEST:
By:
Clerk
-
RESOLUTION NO. OO-~
A ReSOLUTION OF THe MONRoe COUNTY HOUSING FINANce AUTHORITY
'. ReCCO.MENDING TO THE MONROE COUNTY SOARD OF COUNTY COMMISSIONERS,
AUTHORIZING THE ISSUANCE SY THE HOUSING FINANCE AUTHORITY OF LEE
COUNTY (FlORIDA) OF rrs SINGLE FAMILY MORTGAGe REVENue SONDS IN THE
AGGREGATE AMOUNT NOT TO exceeo $99,000,000 TO PROVIDE FUNDS TO FINANCE
QUAUFYlNG SINGLE FAMILY MORTGAGE LOANS IN VARIOUS COUNTIES WITHIN THe
STATE OF FlORIDA, IfCLUDING MONRoe COUNTY
WHEREAS. the Housing Fmance Authority of Lee County (Florida) {the "Lee Authorityj has authorimd the
initiation of otfici;U action to issue its Singfe Family Mortgage Revenue Bonds {the "Lee Bondsj to provide ffnancing
of qualified owner~ied single family residences to alleviate the shortage at housing in various counties within
the State at Florida, indudlng Monroe- County and other counties within the State which agree to participate
(collectivefy. the -Countiesj by acquiring certain mortgage loans or securities backed by mortgage loans originated
by lending institutions to finance the purd1ase at single family. owner-occupied houses for low, moderate or middfe
income persons or families in the Counties. The Lee Bonds to be issued as described herein, are rafem!d to herein
as the "Sonds.-
WHEREAS. combining the authority to issue single family mortgage revenue bonds of the Lee Authority. the
County and any other counties desiring to participate in the issue, will permit mortgage loans to be made available
at rates below the rates otheMise attainable through separate issues.
WHEREAS. such a program would benefit the County and aid in alleviating a shortage of affordable housing
and capital available for investment therein within the County.
NOW, THEReFORE. BE IT RESOLVEO BY THE BOARO OF THE MONROE COUNlY (Florida) HOUSING
FINANCE AUTHORllY:
Section 1. The Monroe County Housing Finance Authority has found and determined and hereby declares
that (a) in o~er to realize the economies of scale afforded by aggregating the separate single family mortgage
revenue bond program for the Monroe County Housing Financa Authority and the Housing Finance Authority of Lee
County, and other participating Counties. it is in the best interest of the Monroe County Housing Finance Authority
to authori48 the Housing Finance Authority of Lee County to issue single family mortgage loans for both Monroe
County. Lee County and other participating counties (0) in order to implement such a program, it is in the best
interest of Monroe County to enter into a /nterfocal Agreement with the Housing Finance Authority of Lee County
Section 2. Recommend to the Monroe County Board of County Commissioners the adoption of a
Resolution authorizing the execution and defivery of the Intertocal Agreement, authorizing the issuance of the
Bonds to Rnance quaUfying single family mortgage loan programs in Lee County, Monroe County and other
participating caunties, a proposed form of which is attached hereto as EJchibit -A-. The form of the ./nterfocaj
Agreement attached hereto as Exhibit "A", subject to such changes, insertions and omissions ,and such filling of
blanks therein as may be approved and made in such form by the officers of the County and the Housing Financa
Authority of Lae Autharity
PASSED ANQ ADOPTED this 19'1:h
day af
MONR
By:
Chairman
Oct:aber
. .
HOUSING FINANCE AUTHORITY OF LEE COUNTY
SINGLE FAMILY BOND PROGRAM SERIES 2001
PROGRAM PARAMETERS
PROGRAM
--
Based on the success of the Housing Finance Authority of Lee County's 2000, 1999, 1998, 1997 and 1996
single family programs, Lee County will be requesting funds from the Division of Bond Finance for Monroe
County for the 200 I Single Family Program.
The Housing Finance Authority of Lee County's 2001 Single Family Bond Program will provide low
interest rate mortgages and downpayment assistance to qualified first-rime home buyers (not having owned
a principal residence in the last 3 years). The following Counties expected to participate are: Bay, Collier,
Charlotte, Sarasota, Jackson, Lee, Glades and Highlands. By providing lower interest rates and
downpayment assistance, the Program is able to reach lower income families who are not normally able to
participate in tax-exempt bond programs because they don't have sufficient cash for a downpayment and
closing costs.
LOWER lNTEREST RATESlDOWNPAYMENT ASS1STANCE
The Tax-exempt Bonds are sold as tax-exempt premium bonds that allow the Program to provide lower
rates and downpayment assistance. The average downpayment assistance to bolTOwers for the Program has
been between 3-4% of the purchase price.
lNCOME LlMITS
The income limits for this program (these limits may be adjusted by HUD) in Monroe County are:
1-2 person household
3 or more person household
Non-Tare:eted Area
$49,300
$56,695
Tare:eted Area
$59,160
$69,020
PURCHASE PRICE LIMITS
The Purchase Price Limits (these limits may be adjusted by HUD or an acceptable survey by the Issuer)
under this program are:
New Homes
Existing Homes
Non-Tan!eted Area
$106,365
$98,523
Tan!eted Area
130,082
120,417
~/fv
· i::h... ~~IS'
. -~~.s
U'-\.l (
~
CREDIT CRITERIA
The bOlTOwer must meet FHA. VA, RD or conventional credit requirements as well as program
requirements. The lender will approve the credit and the compliance agent will veritY program eligibility.
ELlGmLE LOANS
FHA, VA, RD or conventional loans are eligible for funding under this program.
~
FEES
Borrower:
A Mortgage Loan Review Fee(s) of approximately $200 and customary and
reasonable Lender out-of-pOcket fees.
faD:
Commitment Fee
1.25%.
"
Lender:
Receives:
_Commitment Fee Reimbursement:
-~ Origination Fee:
Servicing Release Fee:
Total Fees:
1.25%
1.00%
.75%
1.2Q%
CountylHF A's:
~:
Ori2ination:
10 basis points or $1,000 per $ million of allocation
up to 25 basis points or $2,500 per $ million originated of
loans related to allocation. The exact amount will depend upon
tinal size of program and structure of the Program.
Examp[e - A county receiving and originating SS million of allocation could
receive up to $[7.S00.
MORTGAGE OmONS
The Program will otTer two types of mortgage options to borrowers, either Lower Coupon or a
Oownpaymeot Assistance.
The following is based on Market Conditions as of July 24, 2000. The exact rates for the Program will be
determined by market conditions at time of pricing the bonds for the transaction. The expected pricing date
is late February or early March.
Lower Coupon Downpayment
Assistance
1.250/0-1.50% .50% - 75%
Interest Rate below conventional below conventional
interest rates interest rates
Interest Rate 7.00% 7.75%
Downpayment
Assistance 0% 3% - 4%
Points 2.25 -0 -
HOUSING TYPES
New and existiog single tamily detached homes, condominiums, manu&ctured housing, qualified
rehabilitation and PUO's are eligible housing for this Program.
TARGETED AREAS
.Certain areas within a county are designated Targeted Areas. These areas don't require applicants to be first
time homebuyers, have higher income, and purchase prices limits.
Monroe County Housing Finance Authority
Board of Directors Meeting
Septemb". t'i, 2889-
'0 - iGlt.. 0 C'>>
PROPOSED P ARTICIP A TION IN MULTI-COUNTY
SINGLE F AMIL Y MORTGAGE REVENUE BONDS PROGRAM
Raymond James and Associates and William R. Hough & Co. have asked the Monroe County Housing
Finance Authority and Monroe County (MCHF A) to consider participating in the multi county 200 1
Single Family Mortgage Revenue Bond (MRB) program with Lee County Housing Finance Authority as
the lead agency. Participation will make available low interest rate first mortgages and down payment
assistance to qualified first time homebuyers through participating lenders and/or mortgage brokers.
The Lee County Housing Finance Authority will issue, on behalf of participating counties, Tax Exempt
Mortgage Revenue Bonds to generate sufficient capital to fund the issue. During a specified period of
time the capital is converted to mortgages and mortgage backed securities by direct payments to
participating institutions, in return for delivering qualified mortgages.
Participating lenders and/or mortgage brokers may secure a reservation of a specific amount of funds
during which these institutions market this affordable product as a pass through loan available to
qualified buyers. Lenders receive Community Reinvestment Act (CRA) credit for originating MRB
loans, can use the product as a marketing tool and MRB's provided the lender the ability to lend to
otheIWise unqualified borrowers without the liability of a portfolio loan product. Participating
institutions are paid/reimbursed various fees for originating MRB loans. By providing lower interest
rates these institutions are able to reach lower income buyers and those that may not have sufficient cash
for a down payment. The MCHF A would receive a fee for all funding allocated to and originated in
Monroe County.
The program parameters, fee schedule and mortgage options outlined below appear to make the issue
reasonably attractive to lenderslbrokers and marketable within Monroe County. The final parameters
and pricing is subject to negotiation and pricing upon issuance.
Program Parameters:
Income Limits:
Price Limits:
1-2 persons $ 49.300
3+ persons $ 56.695 _____
New Construction: $ 140,600 -~
Existing: $ 140,600
Must meet FHA, VA, RD or conventional credit requirements.
FHA, VA, RD or conventional loans
.AOO ,,.., o~p.1.-
i ~ '-(2.~~
PE""D'~
Credit Criteria:
Eligible Loans:
--
Fee Schedule:
Borrower:
Lender:
Loan review fee(s) approximately $200 and customary and reasonable
lender out of pocket fees.
Pays: 1.25% Commitment Fee
Receives: 1.25% Commitment Fee Reimbursement
1.00% Origination Fee
.75% Servicing Release Fee
MCHFA:
Receives:
$1,000 per million allocated
$2,500 per million originated
($10million allocated/originated = $35.000)
Page I ofl .
Mortgage Options:
1. Lower Coupon Option:
7.00% Interest Rate
0.00% Downpayment Assistance
2.25% Points
2. Downpayment Assistance Option:
7.75% Interest Rate
3-4% Downpayment Assistance
0.00% Points
::.
The Housing Finance Authority of Lee County expects to submit a request for State allocation to the
Florida Division of Bond Finance on behalf of participating counties. In order for Monroe County to
participate, the following action is required prior to the end of December:
(1) MCHF A Resolution recommending the Monroe County Board of County Commissioners (BOCC)
authorize participation in the 2001 Multi County Mortgage Revenue Bond Program. (Draft
attached).
(2) Public Notice and Public Meeting, Potential Sale of Single Family Mortgage Revenue Bonds
(3) Resolution to the Monroe County Board of County Commissioners (BOCC) authorizing
participation in the 2001 Multi County Mortgage Revenue Bond Program by virtue of the execution
of an Interlocal Agreement with the housing Finance Authority of Lee County. (Draft BOCe
Resolution and lnterlocal Agreement attached).
(4) Notify and solicit potential lenders and Mortgage Brokerage businesses in order to secure MRB
commitments.
The Special Programs Office, Monroe County Housing Authority would prepare, implement and
administer the Mortgage Revenue Bond Program on behalf of the MCHF A. Upon initial approval, the
Special Programs Office would measure lenderlbroker interest and seek BOCC approvals.
NOTES:
A~ to/t}=1/CA..:>
Page 2 of2