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File #: 1548   
Type: Consent Status: Adopted
File created: 4/20/2020 In control: County Attorney
On agenda: 5/5/2020 Final action: 5/5/2020
Title: Resolution approving the issuance of Multi-Family Housing Revenue Bonds by Brevard County Housing Finance Authority (The Venue at Viera Senior Living Project)
Attachments: 1. BoCC Resolution with Indemnification and Report, 2. PRAG's Memo.pdf, 3. PFM Legal Review Memo -- Venue at Viera.pdf, 4. NGN Legal Sufficiency Memo (The Venue at Riviera).pdf

Subject:

Title

Resolution approving the issuance of Multi-Family Housing Revenue Bonds by Brevard County Housing Finance Authority (The Venue at Viera Senior Living Project)

End

Fiscal Impact:

None

Dept/Office:

County Attorney’s Office

Requested Action:

Recommendation

The Brevard County Housing Finance Authority (the “Authority”) is requesting that the Board approve a Resolution to allow the Authority to apply for an allocation with the Florida Division of Bond Finance and to allow the issuance by the Authority of multi-family housing revenue bonds to finance the acquisition, construction, equipping and development of The Venue at Viera Senior Living (the “Project”).

End

Summary Explanation and Background:

 

The Authority received an application from Venue at Brevard Partners, Ltd., (the general partner of which is Southern Affordable Services, Inc., a not-for-profit corporation), for the issuance of multi-family housing revenue bonds in an amount not to exceed $16,755,000 to finance the acquisition, construction, equipping and development of the Project.  The Project is new construction of 145 apartment units (37 one bedroom, 46 two bedroom and 62 three-bedroom apartments) located at the southeast corner of the intersection of North Wickham Road and Wyndham Drive in Melbourne, Florida.  The apartments will be rented in accordance with the Fair Housing Act Housing for Older Persons Exemption, Code of Federal Regulations 24, Subpart E.  A Land Use Restriction Agreement encumbering the property will require that a minimum of 40% of the apartment units will be set aside and available only to persons earning less than 60% of median income, for as long as the financing is outstanding, or for a term of 15 years, whichever is longer. The Project will include laundry hook-ups inside each unit, 15 seer air conditioning, energy efficient lighting, energy star appliances and granite kitchen countertops.

 

On March 25, 2020, the Authority held a public hearing, following proper publication of notice, for the purpose of receiving public input on the proposed project and bond issuance.  A report of the public comments received is attached.  In order to issue tax exempt bonds for the Project, the Authority must apply for and receive an allocation from the State Regional Pool between prior to June 30, 2020.  Brevard County is in Region 17, with Volusia County, which shares a total annual allocation of approximately $57,644,854.   

 

The tax-exempt financing will be in the form of a construction/permanent loan.  As a condition of approval, the County’s financial advisor will verify that the financing meets or exceeds the Guidelines of the Authority.  The County’s Financial Advisor has reviewed the project and anticipates the funding will be within the county’s debt issuance guidelines if it remains at the proposed levels. (See attachment.)

 

The Board's approval of the issuance of the Bonds by the Authority to finance costs of the Project is required by applicable federal tax law.

 

The County’s outside bond counsel has reviewed the project and stated the following:

“The resolution proposed to be adopted by the BOCC satisfies the pertinent federal and state law requirements and provides that neither the County nor any of the elected officials or staff of the County will have any obligation or liability, financial or otherwise, with respect to the Project or the Bond.”  (See attachment.)

 

Cost Benefit Analysis:

 

This issue will provide funds to finance the acquisition, construction, equipping and development of 145 rental housing units which will be available to Brevard County elderly residents of lower and moderate income.  There is no fiscal impact to the Board of County Commissioners or the Authority.  The County is only authorizing the Housing Finance Authority to issue the bonds under the IRS requirements for tax exempt bonds and the County shall be indemnified from the issuance of bonds and the Project.

 

Contact Person: Angela A. Abbott, 264-0334; angelaabbott@cfl.rr.com; Steven E. Miller, (813) 281-2222; smiller@ngn-tampa.com <mailto:smiller@ngn-tampa.com>; Jay Glover, PFM Financial Advisors LLC, (407) 406-5760; gloverj@pfm.com

Clerk to the Board Instructions:

Return a signed Resolution to CAO