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HomeMy WebLinkAbout2018-083RESOLUTION 2018- 083 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF ITS NOT TO EXCEED $16,000,000 MULTIFAMILY HOUSING REVENUE BONDS (TAYLOR POINTE APARTMENTS), SERIES [TO BE DETERMINED] FOR THE BENEFIT OF VERO BEACH LEASED HOUSING ASSOCIATES III, LLLP, OR ITS AFFILIATE, TO PROVIDE FUNDS TO FINANCE OR REFINANCE A MULTIFAMILY RESIDENTIAL RENTAL PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Escambia County Housing Finance Authority (the "Authority") is a public body corporate and politic, duly organized and existing under the provisions of Chapter 159, Part IV, Florida Statutes, as amended and supplemented; and WHEREAS, the Authority, per Resolution 2018-058, adopted by the Indian River County Board of County Commissioners on June 19, 2018 has been granted "area of operation" authority within Indian River County with respect to the financing of Taylor Pointe Apartments (also known as the Lindsey Gardens Apartments/Phases I & II), a multifamily residential rental facility development (as hereinafter identified); and WHEREAS, Vero Beach Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership qualified to conduct business in the State of Florida, or one of its affiliates (the "Borrower"), has requested the Authority to issue its not to exceed $16,000,000 Multifamily Housing Revenue Bonds (Taylor Pointe Apartments) (the "Bonds"), the proceeds of which would be used to (i) pay or reimburse the Borrower for the cost of acquiring, upgrading, reconditioning, rehabilitating, improving and beautification of an existing multifamily residential rental apartment project known as Taylor Pointe Apartments (also known as the Lindsey Gardens Apartments/Phases I & II) (the "Taylor Pointe Apartments Development"), which will consist of 168 residential units, at least 40% of such units are to be occupied by persons of low and moderate income, whose income does not exceed 60% of the area median income, located at 4885 38`h Circle, Vero Beach, Florida, in the City of Vero Beach, Indian River County, Florida (the "Project Location"); (ii) fund a debt service reserve fund for the Bonds; and (iii) pay a portion of the costs of issuance of the Bonds; and WHEREAS, the County Commission conducted a public hearing on September 11, 2018, notice of which hearing was published on August 25, 2018, in the Indian River Press Journal (a copy of which notice is attached hereto as Exhibit "A" and incorporated herein), for the purpose of considering the issuance of the Bonds by the Authority, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). Said public hearing disclosed no reason why the Bonds should not be issued; and WHEREAS, Section 147(f) of the Code requires approval of the issuance of the Bonds by the Board of County Commissioners of Indian River County, Florida (the "Board"), as the 1 RESOLUTION 2018-_ o8_3 "applicable elected representative" under Section 147(f) after a public hearing following reasonable public notice; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The Board, pursuant to, and in accordance with, the requirements set forth in Section 147(f) of the Code, hereby approves the issuance of not to exceed $16,000,000 principal amount of the Bonds by the Authority, in one or more series at one or more times. Section 2. The Bonds shall not constitute a debt, liability or obligation of the County, the State of Florida (the "State") or any political subdivision or agency thereof other than the Authority, or a pledge of the faith and credit of the Authority, the County, the State or of any political subdivision or agency thereof, and neither the Authority, the County, the State nor any political subdivision or agency thereof will be liable on the Bonds, nor will the Bonds be payable out of any funds other than those pledged and assigned under the Indentures and the Loan Agreements. Section 3. The approval given herein is solely for the purpose of satisfying the requirements of Section 147(f) of the Code and shall not be construed as an approval of any necessary rezoning application or any regulatory permits required in connection with the issuance of the Bonds or the construction of the Project, and this Board shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any rights or responsibilities it may have in that regard. Section 4. The approval given herein is solely for the purpose of approving the project, the plan of finance, and the bonds herein described. The Board reserves the right to consent to any additional project to be financed within the jurisdictional limits of the County upon such terms as it shall deem appropriate and to adopt and amend policies applicable to obtaining such consents. Section 5. It is a condition of the approval given herein that a Land Use Restriction Agreement with a Qualified Project Period of not less than thirty-five years be executed and delivered in connection with the issuance of the bonds herein described. The foregoing resolution was moved for adoption by Commissioner Solari , and seconded by Commissioner Fiescher , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Bob Solari AYE C: \ Users\ nancym\ AppData \ Local \ Microsoft \ Windows \ Temporary Internet Files\ Content.Outlook \ 6X6N1XQD \ Indian River County BCC TEFRA Resolution Taylor Pointe 8.17.18-cl.doc 2 RESOLUTION 2018- 083 Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AVE The Chairman thereupon declared the resolution duly passed and adopted^ �s' iia of ••�y�js�. y September, 2018. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMM&IlO and Comptroller INDIAN RIVER COUNTY, FLOKJDA By:By:�A Deputy Clerk Peter D. O'Bryan,h EjR o'—' :. Approved as to form and legal suf iicienc By: Dyffin Reingold, County Attorney C: \ Users\ nancym\ AppData \ Local \ Microsoft \ Windows \ Temporary Internet Files \ Content.Outlook\ 6X6N1XQD \ Indian River County BCC TETRA Resolution Taylor Pointe 8.17.18-cl.doc 3 Treasure Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO p 944559 - ESCAMBIA COUNTY 2086332 TEFRA TAYLOR POINTE APTS Pub Dates August 25, 2018 Sworn to and subscribed before me this day of, August 27, 2018, by who is Natalie Zoll;r (X) personally known to me or ( ) who has produced — � aA0 t W q `'ntG Karol Kangas Notary Public KAROL E KANGAS Notary PON: -SIM ofFbrlda V CommWon11GG1XA41 ' ;i p,1c£,: My Comm. Exposes Jul 29, 2011 Bandedlhpigh NaUonY MdryAwt as identification. EXHIBIT "A" Well-known Vero restaurant set to close doors Tuesday Angafa Smith s—, mTm cw't New'paprr USA TODAY Nt ORK- FLORIDA Recent months have been rough for restaura- teur Patrick Tomassi, so he said he had to make some tough decisions. On Tuesday, he will of- ficially close the doors to The Quilted Giraffe Res- taurant in Vero Beach. Although Tomassi had only owned the nearly 20 -year-old restaurant for the past seven years, his said his love for the customers and food ran deep. "1 like to treat my cus- tomers the way I would want to be treated while eating out," said Tomaeai who would often go table to table to visit with din- ers. He said he made it his goal to be on the restau- rant floor night after night, whether it was to check on orders or to chat with frequent customers. "Mom-and-pop Places are hard to duplicate; To- massi said. "People like to see the owners there and that's so hard to find now- adays in the restaurant business" But customers didnt frequent The Quilted Gi- raffe Restaurant just to eat, they would make an evening out of it, Tomassi said. "I talk with everybody and I think that's what separated us from other places, we had a personal touch," he said. "Every- day was like a big family." Besides the personal tableside service and food (salmon "'the most popular ordered dishes on the menu), To- massi believes the tea - munint's entertainment options helped keep din- ers returning week after week. "when we bought it, we turned it into more en- tertainment," Patrick said. "We had a lot of mu- sic, a lot of dancing and it certainly became a fun place" That happy environ- ment changed on March 16 when his wife, Susy Tomassi, 73, walked to the back porch of The Quilted Giraffe Restau- rant and vanished. Surveillance video at a nearby shopping plana captured Sorry Tomassi, who suffers from demen- tia, walking by before ex- iting the frame, which marks her last known whereabouts. Initially, Patrick To- massi closed the restau- rant for the summer, but couldn't bring himself to reopen it with Susy still missing. "It came to a point to move on,' he said. 'I dont want to listen to songs that I danced with Susy there, it's just not the same thing and I'm not the same.” He said after Tuesday's auction of restaurant content and other items, he just needs to take a break and "evaluate what rm going to do" He thanks customers for their support over the years. People who have The Quilted Giraffe Restaurant gift cards are asked to bring them to the restaurant on Aug. 28 during the auction for a full refund. Theatre -Go -Round Dinner Theatre will be moving to a new location before its next performance. Patrick Tomassi still owns Mr. Manatees in Vero Beach and he said it would continue to be open operate as usual. x TCPALM.COM 1 SATURDAY, AUGUST 25,2018 1 17A Desegregation Continued from Page lA after four parents sued the school district over Its treatment of black students. It specifies plans for creating racially bal- anced schools, taught by diverse staffs, to establish an equitable education system for minority students. The NAACP on Friday agreed the district "is entitled to a declaration of partial uni- tary status already in the area of facilities, non -instructional staff, and administrative staff," school officials said in a statement. Representatives of the the school district and NAACP signed the nine -page agree- ment Friday afternoon. Frost recognized recognized current School Board members and former board members Matt McCain and Claudia Jime- nez, who, along with Superintendent Mark Rendell, who in recent years restarted dis- trict efforts to comply with the desegrega- tion order. over recent years. "This begins a new era of uniting as a community," Frost said. The board, as part of the agreement, 11 must create an "equity committee" respon- — `' (772)770-2488 770 8th Court Vero Beach, FL 32962 (One block west of U.S. 1 & 8th Street) TEAM 772.633.6214 sible for tracking the district's progress with the remaining aspects of the desegre- gation order. This committee will meet for the next five years, school officials said. The desegregation order will be lifted completely, though, if the district complies with the agreement over the next three years, school officials said. But for that to happen, the district must improve its minority -teacher recruitment efforts and ensure minority students are given the same academic -achievement op- portunities as all students, according to the agreement. The new committee also will monitor other aspects of the order, including trans- portation and student campus assign- ments. The five -member committee will have tTwo chosen by the board, two by the NAACP and a fifth chosen by those four ap- pointees, according to the agreement. They are to meet quarterly said present a report to the board the first Monday of No- vember each year, according to the agree- ment. Of 34 Florida school districts once under desegregation ordem, R Including Indian River, remain under court orders, according to a 2016 Propublica report. S071CR OF 1`1 WC HPAMC. Fbr the F qry of Secti,m 147(f),,f for Iaterom R—ue Cmk „f 1W. u Antaukd, naw,: I, he dq p that the BoN M Couvty C,mmum,mm d bid,, River C,+uvty. 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