HOUSING FINANCE DIVISION
MOTION TO ADOPT Resolution, the title of which is as follows:
30.
(Commission District 8)
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY THE
HOUSING FINANCE AUTHORITY OF BROWARD COUNTY, FLORIDA
(THE “HFA”) OF ITS NOT TO EXCEED $22,000,000 MULTIFAMILY
HOUSING REVENUE NOTE, SERIES 2025 (SISTRUNK APARTMENTS)
(THE “NOTE”) FOR THE PURPOSE OF FINANCING THE ACQUISITION,
CONSTRUCTION
AND
EQUIPPING
OF
SISTRUNK
APARTMENTS
LOCATED IN BROWARD COUNTY, FLORIDA (THE “PROJECT”);
ESTABLISHING PARAMETERS FOR THE AWARD OF THE SALE
THEREOF AND ESTABLISHING CRITERIA FOR DETERMINING THE
TERMS
THEREOF,
INCLUDING
INTEREST
RATES,
INTEREST
PAYMENT DATES, MATURITY SCHEDULE AND OTHER TERMS OF
SUCH NOTE; APPROVING THE FORMS OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF (I) A FUNDING LOAN AGREEMENT BY
AND AMONG THE HFA, CITIBANK, N.A., AS FUNDING LENDER (THE
“FUNDING LENDER”), AND THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A., AS FISCAL AGENT (THE “FISCAL AGENT”); (II) A
BORROWER LOAN AGREEMENT BY AND BETWEEN THE HFA AND
SISTRUNK APARTMENTS, LLC (THE “BORROWER”); (III) A LAND USE
RESTRICTION AGREEMENT BY AND AMONG THE HFA, THE FISCAL
AGENT AND THE BORROWER; (IV) AN ASSIGNMENT OF MORTGAGE
AND LOAN DOCUMENTS BY THE HFA TO THE FISCAL AGENT; (V) A
PLACEMENT AGENT AGREEMENT BY AND BETWEEN THE HFA AND
RBC CAPITAL MARKETS, LLC, AS PLACEMENT AGENT; AND (VI) A
FISCAL AGENT FEE AGREEMENT BY AND BETWEEN THE HFA AND
THE FISCAL AGENT; APPROVING AND AUTHORIZING THE EXECUTION
AND DELIVERY BY THE HFA OF CERTAIN ADDITIONAL AGREEMENTS
NECESSARY OR DESIRABLE IN CONNECTION WITH THE ISSUANCE
OF THE NOTE; APPROVING AND RATIFYING THE HFA’S PUBLICATION
OF A NOTICE OF PUBLIC HEARING AND THE SUBSEQUENT HOLDING
OF SUCH PUBLIC HEARING EACH UNDER SECTION 147(F) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED, IN CONNECTION
WITH THE ISSUANCE OF THE NOTE BY THE HFA; AUTHORIZING THE
PROPER OFFICERS OF THE HFA TO DO ALL THINGS NECESSARY OR
ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE NOTE;
AND PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION.