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.
ACTION: (T-11:15 AM) Approved Resolution No. 2025-211.
VOTE: 8-0. Commissioner Davis was inaudible during the vote.
MOTION TO ADOPT Resolution, the title of which is as follows: (Commission District 9)
31.
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 MULTIFAMILY
HOUSING MORTGAGE REVENUE NOTE, SERIES 2025 (PINE ISLAND PARK) IN A
PRINCIPAL AMOUNT OF NOT TO EXCEED $24,000,000 (THE “NOTE”) FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION AND EQUIPPING OF
A
MULTIFAMILY HOUSING PROJECT KNOWN AS PINE ISLAND PARK LOCATED IN
BROWARD COUNTY, FLORIDA; APPROVING AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A LAND USE RESTRICTION AGREEMENT BY AND AMONG THE
HFA, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS FISCAL
AGENT AND PINE ISLAND PARK LLC, AS BORROWER; APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A FUNDING LOAN AGREEMENT