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HomeMy WebLinkAbout21-003 - HFA RESOLUTION NO. 2021 - 003 RESOLUTION AMENDING RESOLUTION NO. 2020-004 EXPRESSING THE INTENT OF THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA TO PROCEED WITH THE FINANCING OF A MULTIFAMILY RESIDENTIAL RENTAL HOUSING PROJECT THROUGH THE ISSUANCE OF ITS MULTIFAMILY HOUSING REVENUE BONDS, TO INCREASE THE PRINCIPAL AMOUNT TO NOT TO EXCEED $10,450,000 FOR THE BENEFIT OF BLUE MCNEIL ONE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, OR ITS AFFILIATE; DEEMING APPLICATION COMPLETE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Housing Finance Authority of St. Lucie County, Florida (the "Authority") has previously determined that there exists a shortage of safe and sanitary housing for persons and families of low to moderate income, within St. Lucie County, State of Florida;and WHEREAS, such shortage will be partially alleviated by the construction by a private owner of a low to moderate income multifamily community known as Blue Sky Landing to consist of approximately 82 units located on approximately 9.16 acres on McNeil Road at the intersection with Portofino Landing Boulevard, Fort Pierce, Florida (the "Project), to be owned by Blue McNeil One, LLC, a Florida limited liability company, or its affiliate (the "Owner"); and WHEREAS, in order to finance the acquisition, construction and equipping of the Project, the Authority declared its official intent to issue its Multifamily Housing Revenue Bonds, in an amount currently estimated not to exceed $9,500,000, for the benefit of the Owner in one or more series (collectively, the "Bonds") and to enter into a Loan or Financing 1 Agreement, a Trust Indenture, a Land Use Restriction Agreement, an Arbitrage Rebate Agreement and other necessary documents with respect to the Project, and WHEREAS, the Authority conducted a public hearing and obtained approval by the Board of County Commissioners of St. Lucie County, Florida in accordance with Section 147(f) of the Internal Revenue Code of 1986,as amended(the"Code");and WHEREAS, the Owner has requested that the Authority increase the induced principal amount of the Bonds to $10,250,000, and Section 147(f) of the Code allows for the approved principal amount of Bonds following such approval to be increased by 10% and the requested increase in principal amount($750,000)is less than the permitted 10%increase. NOW, THEREFORE, BE IT RESOLVED by the members of the Housing Finance Authority of St. Lucie County,Florida, a lawful quorum of which is duly assembled,as follows: SECTION 1. Amendment to Declaration of Official Intent. The Authority hereby amends Resolution No.2020-004 in which the Authority expressed its interest in approving at a later date, by appropriate resolution, the financing of the Project through the issuance of its Bonds,by amending the amount subject to such declaration of official intent to$10,250,000. The Owner is hereby authorized to incur expenditures on the costs of the Project, which expenditures may be reimbursed to the Owner from the proceeds of the Bonds upon their issuance. This Resolution shall constitute an amendment to its declaration of"official intent"by the Authority toward the issuance of the Bonds, within the meaning of Treasury Regulation Section 1.150-2. 2 SECTION 2. Remaining Provision of Resolution No. 2020-004. All provisions of Resolution No. 2020-004 not specifically amended by this Resolution shall remain in full force and effect. SECTION 3. Compliance with Open Meeting Laws. It is found and determined that all formal actions of this Authority concerning and relating to the adoption of this Resolution were taken in an open meeting of the members of this Authority and that all deliberations of the members of this Authority and of its committees, if any, which resulted in such formal action were taken in meetings open to the public,in full compliance with all legal requirements. SECTION 4. Effective Date. This resolution shall become effective immediately upon its adoption. ADOPTED this 27th day of January,2021. HOUSING FINANCE AUTHORITY OF ST.LUCIE COUNTY,FLORIDA (SEAL) ATTEST: By Chairman retary 3