STATE OF GEORGIA
BIBB COUNTY
NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that on the 14th day of August, 2025, at 1:30 p.m., at the Bibb County Courthouse, 601 Mulberry Street, Macon, Georgia 31201, Courtroom C, the presiding judge will hear the case styled STATE OF GEORGIA v. HOUSING AUTHORITY OF MACON-BIBB COUNTY and PDG WEST CLUB, LP, Civil Action File No. 2025-CV-083390, the same being a proceeding to confirm and validate revenue bonds designated "Housing Authority of Macon-Bibb County Multifamily Housing Revenue Bonds (Fannie Mae MBS Secured) (West Club Apartments Project), Series 2025A" (the "Series 2025A Bonds") and (ii) "Housing Authority of Macon-Bibb County Multifamily Housing Revenue Bonds (West Club Apartments Project), Series 2025B" (the "Series 2025B Bonds" and together with the Series 2025A Bonds, the "Bonds") in an aggregate principal amount not to exceed $20,000,000. The Bonds will be issued under the terms of an Indenture of Trust (the "Bond Indenture"), between the Housing Authority of Macon-Bibb County (the "Issuer") and U.S. Bank Trust Company, National Association, as bond trustee (the "Bond Trustee"), the proceeds of which will be loaned to the Borrower (defined below) pursuant to a Financing Agreement (the "Financing Agreement") between the Issuer, the Bond Trustee and the Borrower, which obligates the Borrower to pay to the Issuer such loan payments at such times and in such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds, as and when the same become due. The Issuer's interest in the Financing Agreement and the payments to be received by the Issuer thereunder will be assigned and pledged to the Bond Trustee as security for the payment of the Bonds.
PDG West Club, LP (the "Borrower") will use the proceeds of the Bonds for the purpose of providing funds which, together with other available funds, will be used to finance (i) the acquisition, construction, installation and equipping of an approximately 140-unit residential multifamily rental housing facility, located at 159 Steven Drive, Macon, Georgia 31210 (the "Property"), and known as "West Club Apartments" and (ii) issuance costs related to the issuance of the Bonds (as hereinafter defined) (collectively, the "Project").
In said proceeding, the Court will also pass upon the validity of (a) the Bond Indenture, (b) the Financing Agreement (including forms of the Bond Loan Notes attached thereto), (c) a Land Use Restriction Agreement (the "Land Use Restriction Agreement") among the Issuer, the Borrower and the Bond Trustee, (d) the Bond Purchase Agreement, among the Issuer, the Borrower and Stifel, Nicolaus & Company, Incorporated, as underwriter of the Bonds, and (e) a Preliminary Official Statement prepared in connection with the marketing of the Bonds.
Any citizen of the State of Georgia residing in Macon-Bibb County, or any other person, has a right to object, may intervene, and may become a party to this proceeding.
O.C.G.A. Section 36-82-100 requires an auditor, consultant or other provider to carry out a performance audit of the expenditure of the proceeds OF the Bonds. In ACCORDANCE WITH PARAGRAPH (d) OF O.C.G.A. Section 36-82-100, this constitutes notice that NO PERFORMANCE AUDIT OR PERFORMANCE REVIEW WILL BE CONDUCTED WITH RESPECT TO THE BONDS.
This 24th day of July, 2025.
/s/Erica L. Woodford
Clerk, Superior Court of Bibb County, Georgia
IPL0258084
Jul 30,Aug 6 2025