Resolution 476-2001
RESOLUTION NO. 476 -2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA 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, 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."
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.
WHEREAS, the Monroe County Housing Finance Authority unanimously adopted
Resolution 01-03, attached hereto as Exhibit "A" recommending approval of this Resolution by the
Board of County Commissioners of Monroe County, Florida.
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NOW, THEREFORE, BE IT RESOL VED 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 Momoe 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 programs in Lee County, the
County and other participating counties, a proposed form of which is attached hereto as Exhibit
"B" is hereby authorized. The form of the Interlocal Agreement attached hereto as Exhibit "B" 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.
PASSED AND ADOPTED, by the Board of County Commissioners of Momoe County, Florida
at a regular meeting on said Board on the ~ day of Dec. , A.D., 2001
BOARD OF COUNTY
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EXHIBIT A
RESOLUTION NO. 01-03
A RESOLUTION OF THE MONROE COUNTY
HOUSING FINANCE AUTHORITY RECOMMENDING
THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, AUTHORIZE 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, INCLUDING
MONROE COUNTY
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 as the "Bonds."
WHEREAS, combining the authority to issue single family mortgage revenue bonds
of the Lee Authority, Monroe 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 the Monroe County
Housing Finance Authority:
Section 1. The Monroe County Housing Finance Authority has found and
determined and hereby declares that (a) in order to realize the economies of scale afforded
by aggregating the separate single family mortgage revenue bond program for the Monroe
County Housing Finance Authority and the Housing Finance Authority of Lee County,
Florida and other participating Counties, it is in the best interest of the Monroe County
Housing Finance Authority to authorize the Housing Finance Authority of Lee County,
Florida to issue single family mortgage loans for Monroe County, Lee County and other
participating Counties; (b) in order to implement such a program, it is in the best interest
of Monroe County to enter into an Interlocal Agreement with the Housing Finance
Authority of Lee County, Florida.
Section 2. Recommend to the Monroe County Board of County Commissioners the
adoption of a Resolution authorizing the execution and delivery of the Interlocal
Agreement, authorizing the issuance of the Bonds to finance qualifying single family
mortgage loan programs in Lee County, Monroe County and other participating Counties,
a proposed form of which is attached hereto as Exhibit "A". The form of the Interlocal
Agreement attached hereto as Exhibit "B", subject to 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 Finance Authority of Lee County, Florida.
Passed And Adopted this 8th day of November , 2001
MONROE COUNTY HOUSING
FINANCE AUTHORITY,
A Florida public body corporate and politic
By:
Rocky Hubert, Chairman
Dater22s7
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
EXHIBIT B
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 ofthe 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 2002 (the "Lee Bonds"); and
WHEREAS, pursuant to Section 143 ofthe 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 Momoe 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.
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)
By
Chairman
ATTEST:
By:
Secretary/Treasurer
MONROE COUNTY, FLORIDA
(SEAL)
By:
Chairman, Board of County
Commissioners
ATTEST:
By:
Clerk
B
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DATE I ., ()I
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Monroe County Housing Finance Authority
Board of Directors Meeting
November 8, 2001
PROPOSED PAR TICIP A TION IN 2002 MULTI-COUNTY
SINGLE FAMILY MORTGAGE REVENUE BOND (MRB) PROGRAM
Raymond James and Associates and William R. Hough & Co. have asked the Momoe County Housing
Finance Authority and Momoe 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 Momoe County.
The program parameters, fee schedule and mortgage options outlined below appear to make the issue
attractive to lenders/brokers and a marketable product within Momoe County. The final parameters and
pricing is subject to negotiation and pricing upon issuance.
Program Parameters:
Income Limits:
Price Limits:
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
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 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 Momoe County to
participate, the following action is required prior to the end of December:
(1) MCHFA Resolution recommending the Momoe County Board of County Commissioners (BOCC)
authorize participation in the 2001 Multi County Mortgage Revenue Bond Program. (Attachedfor
consideration, discussion and approval).
(2) Public Notice/TEFRA Hearing (conducted 11/6/01)
(3) Resolution to the Momoe 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 BOCC
Resolution and Interlocal Agreement attached.
The Special Programs Office, Momoe 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.
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