Loading...
12/19/2001 Agreement MEMORANDUM TO: 1. Manuel Castillo, Monroe County Housing Finance Authority FROM: Rick Casey Isabel C. DeSantis, {\,.C ' &,. Deputy Clerk >> AnN: DATE: Friday, December 21,2001 ~------_......---------,....,,--------- At the BOCC meeting on December 19,2001, the Board approved the following: Resolution No. 476-2001 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 exceed $99,000,000 to provide funds to finance qualifying single family mortgage loans in various counties within the State of Florida. ' Resolution No. 477-2001 approving the issuance of not exceeding $9,350,000 Monroe County Housing Finance Authority Multifamily Housing Revenue Bonds, Series 2002 (Roosevelt Gardens Apartments Project) pursuant to Chapter 159, Part IV, F.S., as amended. Attached hereto are (3) three certified copies of the subject Resolutions and the (3) duplicate originals of Interlocal Agreement executed by Monroe County for your handling. Please be sure that the one marked "Clerk's Original is returned to this office as quickly as possible Copies: Finance County Attorney ~le --1"y/ CJnIIvl~ (!{.'>tLnj~, CLERK'S ORIGINAL .. INTERLOCAL AGREEMENT 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 ofFJorida (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 2002 (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 ofthe 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. ~~61:.71"QJ:1tJ .x )[lfJ'IJ AlfJc1Ja UNfJCO In · .1."tIOO::> ~O }03J'IJ · N:l:!l"tl9 :!I I'I'tr'lDO Ma O~:EO ~O/9~/~O a08i la8t aa ~8~E Ii iO t6.~9ES f ~~SHI . . . . . ili II! - = '"'"' II - Ii !!!! - - . NOW, THEREFORE, the parties agree as follows: Section 1. Substitution of Bonds: Expenses. 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 i II i C! i 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 this day of , 2001. HOUSING FINANCE AUTHORITY OF LEE COUNTY (FLORIDA) (SEAL) 4~~w~ -= C~rman ATTEST: .. By: CZ::~&WJ ecretary/Treasurer MONROE COUNTY, FLORIDA By: a Chairman, Boar': 'county ~ 0. 1i1 ....,'~ ", ' . C1 '1- Commissioners I;) - / 9 -() /~ ~ ~ A . NY ,L,. AV.unn.Ut.;. er.. p.. ~ 17 } A /~nl'J, -L.' ~~CX)~ By:~ C.I-Jl-V~/ -D. C . ~ .~ ~ 3f Clerk .j.J ~ C/J C/J ~ C/J .SHS~ C/J...:G . M 'r-! HOM rS~o.:~ E 'lj Q) i II i ~ E Monroe County Housing Finance Authority Board of Directors Meeting November 8, 2001 PROPOSED PARTICIPATION IN 2002 MULTI-COUNTY SINGLE F AMIL Y MORTGAGE REVENUE BOND (MRB) PROGRAM Raymond James and Associates and William R. Hough & Co. have asked the Monroe County Housing Finance Authority and Monroe County to consider participating in the 2002 multi county single family Mortgage Revenue Bond (MRB) program with Housing Finance Authority of Lee County as the lead agency. Participation will make available low interest rate mortgages and down payment assistance to qualified first time homebuyers through participating lenders. 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 Housing Finance Authority of Lee County will issue, on behalf of participating counties, 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 secure a reservation of a specific amount of funds for a specified period of time, 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 are provided the abilty to reach otherwise unqualified borrowers without risk. Participating institutions are paid/reimbursed various fees for originating MRB loans. 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 attractive to lenderslbrokers and a marketable product within Monroe County. The final parameters and pricing is subject to negotiation and pricing upon issuance. Program Parameters: Income Limits: Credit Criteria: Eligible Loans: 1-2 persons $ 52,100 3+ persons $ 59.915 New Construction: $ 200,466 Existing: $ 241,663 Must meet FHA, V A, RD or conventional credit requirements. FHA, VA, RD or conventional loans Price Limits: 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 MCHF A: Receives: $1,000 per million allocated $2,500 per million originated ($10million allocated/originated = $35,000) Page 1 of2 Mortgage Options: 1. Lower Coupon Option: 5.50% Interest Rate 2.25% Points 2. Down payment Assistance Option: 6.10% Interest Rate 3-4% Down payment 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) MCHFA Resolution recommending the Monroe County Board of County Commissioners (BOCC) authorize participation in the 2001 Multi County Mortgage Revenue Bond Program. (Attached/or consideration, discussion and approval). (2) Public Notice/TEFRA Hearing (conducted 11/6/01) (3) Resolution to the Monroe County Board of County Commissioners (BaCC) 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 BaCe Resolution and Interloeal Agreement attached. The Special Programs Office, Monroe County Housing Authority would prepare, implement and administer the Mortgage Revenue Bond Program on behalf of the MCHF A. RCC NOTES: I was surprised that banks were reluctant to participate in this program when originally offered in 2001. I think with some lender education, SHIP assistance, and better marketing we can make this product work in Monroe County. Raymond James, the Lee Authority and SHIP Program have pledged to assist us in this effort. Page 2 of2