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Item K2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19-20, 2001 No Division: Monroe County Housing Finance Authority Bulk Item: Yes X Department: Staff will be present to answer any questions AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING 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. ITEM BACKGROUND: The Monroe County Housing Finance Authority unanimously adopted Resolution 01-03 recommending BOCC approval for the participation in the issuance of 2002 Single Family Mortgage Revenue Bonds and execution of an Interlocal Agreement with the Housing Finance Authority of Lee County (Florida) for the purpose of providing below market rate mortgage loans to qualifying first time homebuyers through local participating mortgage lenders. PREVIOUS RELEVANT BOCC ACTION: 2000: 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. 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. I STAFF RECOMMENDATION: Approval TOTAL COST: $-0- COST TO COUNTY: $-0- APPROVED BY: County Attny. ~l1rchasing _ Risk Management _ o anue Castillo onroe County Housing Finance Authority DEPARTMENT APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: /-'icL- RESOLUTION NO. -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. Page 10f2 NO\V, 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 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 Monroe County, Florida at a regular meeting on said Board on the _ day of , A.D., 2001 Mayor McCoy Mayor Pro Tern Spehar Commissioner Nugent Commissioner Williams Commissioner Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman Charles McCoy SEAL ATTEST: Approved as to form and legal sufficiency: Date: Page 2 of2 EXHIBIT A RESOLUTION NO. 01-0J 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 '~Lec Authority") has authorized the initiation of official action to issue its Single Family Mortgage Revenuc Bonds (thc "Lec 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 Financ~ Authority to authoriz~ th~ Housing Finance Authority ot' Lee County, Florida to issue single family mortgage loans tor Monro~ County. Lee County and other participating Counties; (b) in order to implement such a program. it is in th~ best interest of Monroe County to enter into an lnterlocal Agrecm~nt with the Housing Finance Authority ot" 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 fom1 of which is attached hereto as Exhibit "A". The fonn 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 fonn by the officers of the County and the Housing Finance Authority of Lee County, Florida. Passed And Adopted this 8th day of November ,200! MONROE COUNTY HOUSING FINANCE AUTHORITY, A Florida public body corporate and politic By: ~tA~~ Rocky Hubert, Chainnan Date: /'7({?\.. ff 9- ,\'j (~; / 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 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 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 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: 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 shall have the right to tenninate this Agreement upon 30 days' written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be tenninated by any party during any period that any series of Lee Bonds issued pursuant to the tenns 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 tenns of such tennination. It is further agreed that in the event of tennination 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 hann1ess, to the extent pennitted 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 Chainnan ATTEST: By: Secretary/Treasurer MONROE COUNTY, FLORIDA (SEAL) ATTEST: By: Chainnan, Board of County Commissioners By: Clerk Monroe County Housing Finance Authority Board of Directors Meeting November 8, 2001 PROPOSED P ARTICIP 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 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: Price Limits: 1-2 persons $ 52,100 3+ persons $ 59.915 New Construction: $ 200,466 Existing: $ 241,663 Must meet FHA, VA, 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) Mortgage Options: Page 1 of2 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. (Attachedfor consideration, discussion and approval). (2) Public Notice/TEFRA Hearing (conducted 1116/01) (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 BDee Resolution and lnterlocal 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