HomeMy WebLinkAbout12/20/1991BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
SPECIAL MEETING
FRIDAY, DEMEMBER 20, 1991
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman
Gary C. Wheeler, Vice Chairman
Margaret C. Bowman
Carolyn K. Eggert
Don C. Scurlock, Jr.
* * * * * * * * * * * * * * * * *
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
9:00 A.M. 1. TEFRA Hearing
2. Adopt Resolution
3. Adopt Interlocal Agreement between Indian River County
and Escambia County Housing Finance Authority
(memorandum dated December 13, 1991)
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
DEC 20 1991
BOOK
SPECIAL MEETING
Friday, December 20, 1991
The Board of County Commissioners of Indian River County,
Florida, met in Special Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Friday, December 20,
1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman;
Gary C. Wheeler, Vice Chairman; and Don C. Scurlock, Jr.
Commissioners Margaret C. Bowman and Carolyn K. Eggert were
attending a meeting of the Treasure Coast Regional Planning Council
in Stuart, Florida. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, Attorney to the Board of County
Commissioners; and Barbara Bonnah, Deputy Clerk.
Chairman Bird called the meeting to order.
TEFRA HEARING - ADOPTION OF RESOLUTION AND INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY
County Attorney Vitunac announced that this public hearing has
been properly advertised, as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daffy newspaper published
• at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being
a 7d4fi
In the matter of evo, 1,4L 5,21 4;e
in the / Court, was pub•
fished in said newspaper In the. issues of 4t(1. 2 6.1 A 1(17
Affiant further says that the said Vero Beach Press•Journal Is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County. Florida. each daily and has been
entered as second class mail matter al the post of lice In Vero Beach. in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and alflan! further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication fn the said newspaper. i,�� ,��,1y��
Sworn to and subscribed before o this
SCA'1%--4/� day ol.��, A.O. 19 ;c_41144,-.41,1
(SEAL)
DEC 2!0 1991
ass Manager)
NOTICE OF PUBLIC HEARING
CONCERNING BONDS TO FINANCE
SINGLE FAMILY MORTGAGE PROGRAM
OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Notice Is hereby given that the Board of County
Commissioners of Indian River County will conduct
a public hearing on the proposed Issuance by the
Board of Commissioners of Indian Riw
County, Flortd� a and the Escambla County Housing
Finance Authority's Single Family Mortgage Reve-
nue Bands in the a• -.. -te principal amount of not
to exceed $60,+ � �, ' ';. at a regular scheduled
meeting of the Commis ion to be held on December
20, 1991 beginning at 9:00 a.m. or as soon there-
after as such matter may be heard at the Board of
County Commissioners c ,ambers, County Adnlinis-
Coa ana Building, 1840 25th Street, Vero Beach,
The procepeddss of such bond Issue will be used to
finance these of single fan* residences to
be orxx W paha by first -erre bomebuyas o1
moderate, mid or less income within Indian
Riverr ofaCariy, and various other counties In the
Stat.Florida
All interested parties are Invited to present their
comments at the flare and place set forth above.
Persons are advised that, if they decide to ap-
peal
a record of the at the hearing, they may
needpir, and, for
purpose, they may need S that a verbatim
• record of the proceedings Is made, which record in -
dudes the testimony and evidence upon which the
• appeal is i Board of to be Commissioners
of Indian County
Florida
Deo. 8, 1991 856988
BOOK J FAGS 1 m'
DEC 2 0 1391
BOOK 85 fP GE
The Board reviewed the following memo dated 12/13/91:
INDIAN RIVER COUNTY, FLORIDA
INTER -OFFICE MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Charles P. Vitunac, County Attorney
DATE: December 13, 1991
RE: ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY
The U. S. Congress has recently reauthorized provisions of a federal
housing program which allow for low-cost mortgages to be issued to
qualified people. The Escambia County Housing Finance Authority has
undertaken a $60,000,000 mortgage program and will act as the lead
agency for other smaller counties which may wish to join in the
program. Combining these counties into one pooled mortgage pro
will result in lower administrative costs. The attached resolution would
authorize our county to join with Escambia County in a low-cost
mortgage program.
We respectfully request permission for the Chairman of the County
Commission to execute the resolution and interlocal agreement attached
to this memorandum.
CPV/lk
Attachments
2
Edwin M. Bulleit, First Vice President of William R. Hough &
Co., read the following letter into the record:
,William R. Hough & Co.
100 SECOND AVENUE SOUTH
SUITE 800
ST: PETERSBURG, FLORIDA 33701
(813) 823-8100
November 26, 1991
Mr. Joseph Baird
Director of Management and Budget
Indian River County, Florida '
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Baird:
William R. Hough & Co. is in the process of developing another multi -county
single family .bond program to be administered by the Escambia County Housing
Finance Authority. We are again interested in having Indian River County as a
participant in the Program.
Enclosed with this letter is a term sheet and homebuyer profile summary of
Indian River County's participation in the Escambia Single Family Bond Program.
_As can be seen by the homebuyer profile sheet, the program provides affordable
housing for middle to moderate income families purchasing moderately priced
homes. The average annual income for a homeowner is $27,701, and the average
purchase price is $60,817. Overall, I feel the County Commission was successful
in providing an additional affordable housing vehicle for residents of the
County.
As you probably know, the Tax Law provision that allows local governments
to issue mortgage revenue bonds for these programs is due to sunset on December
31, 1991. Prior to a recent change in the focus of Congress (see enclosed
article), it was generally agreed that Congress would not be extending this tax
provision. Thus, our firm did not want to have the County waste time approving
the programwhen it looked like there was little or notchance of having a
program. However, currently we believe there is a strong possibility of an
extension of the sunset provision and we feel it would benefit the County to
again approve the program.
As noted above, we are again interested in Indian River County
iparticipating in the Escambia Single Family Bond Program. Because you are
currently Director of Management and Budget, I am providing you with a form of
the TEFRA notice, resolution, and interlocal agreement that will need to be
adopted and authorized prior to December 31, 1991 in order for Indian River
County to participate in the Program.
The County would need to publish a TEFRA public hearing notice at least 14
days prior to consideration by the Board of County Commissioners regarding the
Program. If the County Commission agrees to the Program, the resolution provides
for the Chairman of the Board of County Commissioners to execute the interlocal
agreement after the parameters of the Program have been determined. For your
information, I have also sent this letter to Don Scurlock, Chairman of the
Financial Advisory Committee; Dick Bird, Chairman of the County Commission; and
Carolyn Eggert, Chairman of the Affordable Housing Task Force.
If you need any additional information or have any questions, please do not
hesitate to call me at 1-800-800-0061.
3
02019911
Sincerely,
WILLIAM R. HOUGH & CO.
Edwin M. Bulleit, CPA
First Vice President
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Mr. Bulleit reviewed the following summary of what the program
provided last year:
William R. Hough & Co.
100 SECOND AVENUE SOUTH
SUITE 800
ST. PETERSBURG. FLORIDA 33701
(813) 823-8100
Mortgage Rate:
Mortgage Terms:
Origination Period:
Funds Available:
Underwriting Criteria:
Maximum Current
Familv Income:
Maximum Acquisition
Price
Target Area:
Acceptable Property
INDIAN RIVER COUNTY, FLORIDA
TERM SHEET
Mortgage Rate is 7.75%.
30 years; fixed rate; FHA/VA only
14 months
Funds were made available on March 28, 1991.
First-time homebuyer (cannot have owned a home in last 3 years)
FHA/VA and GNMA underwriting policies
NON TARGETED AREAS
1-2 Family 3 + Family
Members Members
$35,900 $41,285
NON TARGETED AREAS
Nen' Existing
$92,070 $75,960
None.
1.
2.
Single Family Detached
Condos and PUD must meet GNMA standards and be acceptable to FHA or
VA, as applicable
3. Manufactured homes must meet GNMA standards and be acceptable to FHA
or VA as applicable
Required Documentation at
Time of Application: 1.
Builder Reservations:
Homebuyer
Origination Feet
Lender/Builder
Commitment Fee
Lender
Origination Profit:
Servicing:
Fully executed sales contract; and
2. Tax returns for last three years
A maximum of 75% of a lender's allocation can be reserved for builders.
No more than 10% of total program funds to anyone builder.
3.50%, plus $350 application fee
2% for spot funds
2.5% for builder reservations
1.5% of all loans
Lenders originate and sell loans to a Master Servicer. The Master Servicer purchases
loans at least twice a month. Loans are combined to form initial GNMA $1,000,000
pool, $500,000 thereafter.
4
STATE. COUNTY AND MUNICIPAL BONDS
Mr. Bulleit noted the following statistics for home buyers in
the single family bond program for loans approved through October
31, 1991:
• 31 Loans have been approved for Indian River County .
AND AN ADDITIONAL 15-16 ARE IN PROCESS
• The average annual income for a homeowner in the program is $27,701
• The average purchase price of a home in the program is $60,817
• The majority of the loans are for existing previously occupied structures
• The typical loan has a loan to value ratio of 95%
• The ,majority of loans in Indian River County are anticipatedto be for the
acquisition of single-family detached residences
• All loans approved in Indian River County have been FHA=insured
Mr. Bulleit recalled that last year the Board was concerned
about the maximum acquisition price and the maximum income limits
and wanted to make sure that this program gets used by those who
really would benefit. We can see throughout the state that this
program really does provide a needed program for middle to moderate
income families. They are here today to ask the Commission to
again adopt a resolution that authorizes the Escambia County
Housing Finance Authority to operate this same program within the
territorial boundaries. The resolution also will authorize the
Chairman to execute an interlocal agreement when the terms of this
program are determined in the future. Mr. Bulleit advised that the
first step is to request private activity allocation on January 2,
1992, which gives us the ability to float revenue bonds for this
transaction, and then solicit lenders through mid February, sell
the bonds in late February, and close the transaction in March. We
have 90 days from the date of January 2 when we request the
allocation to close the transaction.
Chairman Bird opened the Public Hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
Public Hearing.
5
BOOK 85 F'; CE
51
DEC 2 1991
BOOK 85 06E
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board voted unanimously (3-0,
Commissioners Bowman and Eggert being absent) to adopt
Resolution 91-187, authorizing the Escambia County
Housing Finance Authority to operate within the
boundaries of Indian River County; authorizing the Board
of County Commissioners of Indian River County, Florida,
to enter into Agreements with the Escambia County Housing
Finance Authority; approving a form of interlocal
agreement approving the issuance by the Escambia County
Housing Finance Authority of not exceeding $60,000,000
single-family mortgage revenue bonds, pursuant to section
147(f) of the Internal Revenue Code of 1986, as amended,
and providing an effective date.
6
12/ 11 /91(legal)RESIN."
RESOLUTION NO. 91- 18 7
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPER-
ATE WITHIN THE BOUNDARIES OF INDIAN RIVER COUNTY;
AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO ENTER INTO AGREE-
MENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY; APPROVING A FORM OF INTERLOCAL AGREEMENT
APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY
HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $80,000,000
SINGLE-FAMILY MORTGAGE REVENUE BONDS, PURSUANT TO
SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986,
AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act")
authorized counties to create housing finance authorities to exercise powers
of the Act within their boundaries or outside their boundaries with the
consent of the governing body of the territory outside their area of
operations; and
WHEREAS, the Board of County Commissioners of Escambia County,
Florida, on May 1, 1980, adopted Ordinance No. 80-11, by which it created
the Escambia County Housing Finance Authority and authorized the Authority
to exercise all. powers under the Act; and
WHEREAS, pursuant to the Act, the Board of County Commissioners of
Indian River County, Florida, has found a shortage of affordable housing
and capital for investment therein and a need for a housing finance authority
to function in Indian River County; and
WHEREAS, it is not practicable at this time under existing Florida and
federal laws and regulations for a single local agency to issue its bonds for
the purpose of implementing a single-family housing program, although the
shortage of such single-family housing and capital for investment therein is
continuing in Indian River County; and
WHEREAS, the Escambia County Housing Finance Authority has by
resolution duly adopted on December 20, 1991, (the "Escambia Resolution")
authorized the issuance of not exceeding $60,000,000 Single -Family Mortgage
Revenue Bonds (the "Bonds"), and has indicated to the Board of County
Commissioners of Indian River County its willingness to exercise its powers
in Indian River County to finance single-family housing therein as permitted
by the Act upon approval of the Board of County Commissioners of Indian
River County; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as
amended, (hereinafter referred to as the "Code") requires public approval of
certain private activity bonds by an applicable elected representative or
government unit following a public hearing and the Board of County
Commissioners of Indian River County, Florida (the "Board") constitutes an
applicable elected representative or governmental unit; and
WHEREAS, pursuant to Section 147(f) of the Code a public hearing was
scheduled before the Board for December 20, 1991, and notice of such
hearing was given in the form required by the Code; and
WHEREAS, the Board has on December 20, 1991, held the public
hearing and provided at such hearing reasonable opportunity for all
interested individuals to express their views, both orally and in writing, on
the issuance of the Bonds; and
7
DEC 2 0 1991
GOOK ' F'A;[: 150
0 1199
BOOK F 6E - 3
WHEREAS, the Board diligently and conscientiously considered all
comments and concerns expressed by such individuals; and
WHEREAS, the Board desires to express its approval of the action to
be taken pursuant to the Resolution of the Escambia County Housing Finance
Authority and as required by Section 147(f) of the Code,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Because of the continuing shortage of affordable
single-family housing and capital for investment therein in Indian River
County and the continuing impediments to a bond issue to alleviate such
shortages as to single-family housing, it is hereby determined that the
Board of County Commissioners of Indian River County consents to the
Escambia County Housing Finance Authority (the "Authority") exercising its
powers to issue the bonds and to implement a program from a portion of the
proceeds of the Bonds to finance single-family housing within the statutory
boundaries of Indian River County; provided, that the Authority and Indian
River County first enter into a written agreement setting forth the powers,
duties, and limitations of the Authority as they pertain to the use of said
bond proceeds with Indian River County and payment of the issuance costs
for such bonds.
Section 2. In furtherance of the purposes set forth in Section 1
hereof the Chairman or Vice -Chairman and Clerk of the Board of County
Commissioners of Indian River County are hereby authorized to execute such
consents, intergovernmental agreements, or other documents as shall be
required to implement such single-family housing program and to provide for
payment of Indian River County's proportionate share of costs of issuance of
such bonds, all as shall be approved by counsel to Indian River County.
Section 3. The Interlocal Agreement, in substantially the form
attached hereto as Exhibit "A," and made a part hereof, between Indian
River County and the Authority is hereby approved. The officers of Indian
River County are hereby authorized to enter into the Interlocal Agreement
on behalf of Indian River County.
Section 4. The Board hereby approves, within the meaning of Section
147(f) of the Code, the issuance by the Authority of not exceeding
$60,000,000 Single -Family Mortgage Revenue Bonds, Series 1992, and such
other action td be taken pursuant to the Escambia Resolution.
Section 5. All resolutions or parts thereof of the Board in conflict
with the provisions herein contained are, to the extent of such conflict,
hereby superseded and repealed.
Section 8. Adoption of this resolution does not authorize or commit
the expenditure of any funds of Indian River County to pay the costs of
issuance of such bonds.
Section 7. This resolution shall take effect immediately upon its
adoption.
Duly adopted in regular session this 20th day of December, 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By /7(.4 r(//vii,
8
Richard N. Bird, Chairman
Exhibit "A"
FORM OF
INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into this 20 day of December
/ qq/ , by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a
public body corporate and politic organized and existing under Uie laws of the State of
Florida (hereinafter referred to as "the Escambia Authority"). and
INDIAN RIVER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as the "Local Authority");
WITNESSETII:
WHEREAS, Part IV of Chapter 159 of the Florida Statutes authorizes the
creation of Housing Finance Authorities within the State of Florida 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 Escambia Authority has resolved to issue not exceeding
$60.000.000 Single Family Mortgage Revenue Bonds. Series 1992 (the "1992
Escambia Bonds"); and
WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of
1986. as amended (the "Code"). the amount of Mortgage Subsidy Bonds wlhiclh may be
issued in each year is limited by a private activity bond volume cap which has been
established for such purpose within the State of Florida: and
WHEREAS. the limitations upon available portions of the volume cap prevent
the separate issuance of bonds for each county from being feasibly and economically
accomplished; and •
WHEREAS, the Escambia Authority has authorized a sufficient amount of 1992
Escambia Bonds to fund the anticipated demand during1992 for qualifying single
family mortgages of both Escambia County and Indan River County. as
well as certain other counties which may also participate in a joint bond program; and
WHEREAS, the Escambia Authority anticipates implementing a similar bond
program for the 1993 calendar year: and
WHEREAS, the aggregation of mortgage loan demand and the securing of the
related amount of the State volume cap (the "Allocation Amount") during the three
year period commencing January 1. 1992 (the "Authorization Period") for the purpose
of issuing bonds (the "Bonds") will result in a wider allocation of fixed expenses and
certain other economies of scale: and
WHEREAS, unless such economies are realized. the issuance of Mortgage
Subsidy Bonds would be less economical: and
WHEREAS. Sections 159.603 and 159.604, Florida S(atutes, authorize
Indian River • County (the "Participating County") to approve the issuance
Df revenue bonds through tile Escambia Authority to alleviate the shortage of
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9
'DEC 20 199'
BOOK
OEC 20 'i99(1
BOOK
FADE 1b6
affordable housing within the Participating County. which approval has been granted
by a resolution of the Board of County Commissioners of the Participating County
adopted on December 20 • . 1991 (the "County Resolution_:): and
WHEREAS. Sections 163.01, 159.608 and 125.01, Florida Statutes. and the
County Resolution authorize this agreement by conferring the authority to exercise or
contract by agreement upon the Escambia Authority to exercise those powers which
are common to it and the other parties hereto and to include the Participating County
within the Escambia Authority's area of operation pursuant to Florida Statutes.
Section 159.603(1) for the purpose of issuing bonds to finance qualifying single family
housing developments located within the Participating County.
•
NOW THEREFORE. the parties agree as follows:
Section 1.:, Allocation .Amount; Substitution of Bonds. The Local
Authority hereby authorizes the Escambia Authority to issue Single Family Mortgage
Revenue Bonds from time to time for qualifying single family housing developments in
the Participating County, and any Escambia Bonds issued for such qualifying housing
developments in the Participating County are hereby deemed to be in full substitution
for an equivalent principal amount of the Local Authority's bonds which could have
been issued for such purpose. The Local Authority hereby authorizes the Escambia
Authority to apply for and utilize the Local Authority's Allocation Amounts on behalf of
the Local Authority for the purpose of financing such qualifying development in the
Participating County. and the Escambia Authority is hereby designated as the bond
issuing authority for the Local Authority during the Authorization Period with respect
to such Allocation Amounts. The proceeds of the Bonds shall be allocated and applied
to the funding of mortgage loans within the various Participating Counties in
accordance with final program documents approved by the Escambia Authority. All
revenues generated by bonds issued pursuant to this Agreement and by the use of the
proceeds thereof, will be administered by the Escambia Authority or its agents and all
payments due from such revenues shall be paid by the Escambia Authority or its
agents without further action by the Local Authority.
Section 2. Administration. The Escambia Authority hereby assumes
responsibility for adniinistering this Agreement by and through its employees, agents
and officers: provided. however that the Local Authority retains and reserves its right
and obligation to require reasonable reporting on programs designed for and operated
within the Participating County. including, but not limited to, reasonably available
mortgagor or profile data. The Escambia Authority and its agents shall provide the
Local Authority with such reports as may be necessary to account for funds generated
by this Agreement.
The Escambia Authority shall have full authority and responsibility to
negotiate. define, validate, market, sell, issue and deliver its Bonds in .the maximum
Allocation Amount. based upon mortgage loan demand, permitted by law to finance
qualifying single family housing developments in the Participating County and to take
such other action as may be necessary or convenient to accomplish such purpose.
The issuance 'and administration costs and expenses related to the Bonds
issued to finance the housing program and administration of such program shall be
paid from proceeds of the Bonds and revenues generated from the housing program.
Section 3. Program , Parameters. (a) Upon request of the Escambia
Authority, the Local Authority shall. to the extent permitted by law, (a) approve.
LKL-09/0619 I -3I 36-blankint
10
establish, and update. from time to time as necessary. upon . the request of the
Escambia Authority. such program parameters including. but not limited to.
maximum housing price and maximum adjusted family income fdr eligible borrowers.
as may be required for any bonds issued by the Escambia Authority pursuant to this
Agreement and (b) approve the allocation of mortgage loan moneys for each Participant
offering to originate Mortgage Loans within the Participating County. Unless otherwise
notified in writing by the Local Authority, the Escambia Authority may from Ume to
time approve and establish such maximum price and family income amounts at the
maximum levels provided pursuant to the Code without further action of the Local
Authority or Participating County.
(b) The fees and expenses of the Local Authority shall be paid from the
proceeds of the program in the manner and to the extent mutually agreed upon by the
officials of the Local Authority and the Escambia Authority at or prior to issuance of
the Escambia Bonds.. . ' • .. • , ; . . . •• .
Section 4. Term. This Agreement will remain in full force and effect from
the date of its execution until such Ume as it is terminated by any party upon 10 days
written notice to the other party hereto. Notwithstanding the foregoing. it is agreed
that this Agreement may not be terminated by the Local Authority during the
Authorization Period, or by any party during any period that the Bonds issued
pursuant to the terms hereof remain outstanding. or during any period in which the
proceeds of such Bonds are still in the possession of the Escambia Authority or its
agents pending distribution, unless either. (1) the parties to this Agreement mutually
agree in writing to the terms of such termination or (2) such termination, by its terms,
only applies prospectively to the authorization to issue Bonds for which no Allocation
Amount has been obtained and for which no purchase contract has been entered into.
It is further agreed that in the event of termination the parties to this Agreement will
provide continuing cooperation to each other in fulfilling the obligations associated
with the issuance of bonds pursuant to this Agreement.
Section 5. Indemnity. To We full extent permitted by law, the Escambia
Authority agrees to hold the Local Authority harmless from any and all liability for
rcpayment of principal of and interest or penalty on the Bonds, and the members and
officials of the Local Authority harmless from any and all liability in connection with
the approval rendered pursuant. to Sections 159.603 and 159.604. Florida Statutes.
The Escambia Authority agrees that any offering. circular or official statement
approved by and used in marketing the Escambia Bonds will include a statement that
Bondowners may not look to the Participating County or the Local Authority for
payment of the Bonds and interest or premium thereon.
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11
BOOK 8-
r.DEC 20 1991
BOOK 85 fAUU
IN WITNESS WHEREOF, the parties to this Agreement have caused their
names to be affixed liereto by the proper officers thereof as of the ..?.P.. day of
December . 1991.
(SEAL)
ATTEST:
Secretary
ATTEST:
7 se:7)
Clerk. karsi of County Co
I�nunlssioners
a/.,tv
ESCAMBIA COUNTY HOUSING
FINANCE AUTHORITY
By:
Chairman
INDIAN RIVER COUNTY, FLORIDA
Chairman. Board of County
Commissioners
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:10 o'clock A.M.
ATTEST:
v,_ (tibk
Jecfr-e?, K. Barton, Clerk Richard N. Bird, Chairman
12