ACTION: (T-10:35 AM) Approved Resolution No. 2023-493.
VOTE: 8-0. Commissioner Fisher voted in the
affirmative
telephonically.
Commissioner Ryan was not present.
HOUSING FINANCE DIVISION
MOTION TO ADOPT Resolution, the title of which is as follows:
49.
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”) in the aggregate amount not to exceed $19,000,000 of its Multifamily Housing
Revenue Bonds, Series 2023 (The Palms of Deerfield Townhomes) (the “Senior Bonds”)
and its subordinate Multifamily Housing Revenue Note, Series 2023 (The Palms of
Deerfield Townhomes) (the “Subordinate Note” and, together with the Senior Bonds, the
“Bonds”) for the purpose of financing the acquisition, rehabilitation, and equipping of The
Palms of Deerfield Townhomes 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 Bonds; approving the forms of and authorizing the
execution and delivery of the following documents in connection with (i) the Senior Bonds:
(a) a Trust Indenture by and between the HFA and The Bank of New York Mellon Trust
Company, N.A., as Trustee (the “Trustee”); (b) a Loan Agreement by and between the
HFA and The Palms of Deerfield Townhomes, LLC (the “Borrower”); (c) a Land Use
Restriction Agreement by and among the HFA, the Trustee, and the Borrower (the “Land
Use Restriction Agreement”); (d) a Bond Purchase Agreement by and among the HFA,
the Borrower, and Raymond James & Associates, Inc. (“Raymond James”) and RBC
Capital Markets, LLC (“RBC”), as Bond Purchaser (collectively, the “Purchaser”); (e) a
Trustee Fee Agreement by and between the HFA and the Trustee (the “Trustee Fee
Agreement”); and (f) a Collateral Funds Agreement by and among the HFA, the Borrower,
the Trustee, and Citibank, N.A., as Construction Lender, and (ii) the Subordinate Note: (a)
a Subordinate Loan Agreement by and between the HFA and the Borrower; (b) the Land
Use Restriction Agreement; (c) an Assignment of Subordinate Mortgage and Subordinate
Loan documents by the HFA to The Palms of Deerfield Beach, LP (the “Leasehold
Owner”); (d) a Placement Agent Agreement by and between the HFA and Raymond
James and RBC, as Placement Agents and consented to by the Borrower; and (e) the
Fiscal Agent Fee Agreement; approving and authorizing the execution and delivery by the
HFA of certain additional agreements, instruments, certifications and affidavits necessary
or desirable in connection with the issuance of the Bonds; authorizing the negotiated sale
of the Senior Bonds to the Purchaser pursuant to the Bond Purchase Agreement;
authorizing the appointment of
a
Bidding Agent pursuant to the Bond Purchase
Agreement; authorizing the preparation and distribution of a Preliminary Official Statement
for the Senior Bonds and authorizing the preparation, distribution, and execution of a final
Official Statement in connection with the offering and sale of the Senior Bonds; authorizing
the negotiated sale of the Subordinate Note to the Leasehold Owner pursuant to the
Subordinate Loan Agreement; authorizing the appointment of a Trustee, Paying Agent,
and Registrar of the Bonds; authorizing the HFA to consent to the Borrower placing