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Home My WebLink About03-259 .. .. RESOLUTION Number 03 259 A RESOLUTION OF THE COUNTY COMMISSION OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A LIMITED JOINDER TO INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY, FLORIDA AND THE FLORIDA DEVELOPMENT FINANCE CORPORATION FOR THE PURPOSE OF AUTHORIZING THE FLORIDA DEVELOPMENT FINANCE CORPORATION TO EXERCISE ITS POWER AND AUTHORITY WITHIN THE JURISDICTIONAL LIMITS OF ST. LUCIE COUNTY FOR PURPOSES OF FINANCING THE 2003E PROJECT AS DESCRIBED HEREIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 93-187, Laws of Florida, (1993), the Legislature of the State of Florida adopted the Florida Development Finance Corporation Act of 1993 (Chapter 288, Part IX, Florida Statutes, hereinafter the "Act"); and WHEREAS, pursuant to the provisions of the Act and, in particular, Section 288.9604, Florida Statutes, the Florida Development Finance Corporation (the "FDFC") was created as a body corporate and politic of the State of Florida (the "State") upon a finding of necessity by Orange County, Florida ("Orange County"), a county of the State of Florida, which county was selected by a search committee of the Board of Directors of Enterprise Florida Capital Partnership, Inc., pursuant to Resolution No. 94-M-21 of the Board of County Commissioners of Orange County, Florida; and WHEREAS, the Act further provides that, to efficiently and effectively achieve the purposes of the Act, it is necessary and in the public interest that the FDFC cooperate and act in conjunction with public agencies of the State and local governments of the State through interlocal agreements pursuant to the Florida Interlocal Cooperation Act of 1969, as amended (the "Interlocal Act"); and { OR505002;3} . ~ WHEREAS, Orange County and the FDFC have heretofore entered into that certain Interlocal Agreement, dated as of August 12, 1994 (the "Interlocal Agreement"), a copy of which is attached hereto as Annex 1, pursuant to which Orange County granted the FDFC full right, power, and authority to exercise any and all powers set forth in the Act and under the Interlocal Act (to the extent that the exercise of such powers is consistent with the purposes of the Act) within the jurisdictional limits of Orange County; and WHEREAS, the Interlocal Agreement provides that any other public agency (as defined in the Act) may join in the Interlocal Agreement at any time for the purpose of granting the FDFC full right, power, and authority to exercise any and all powers set forth in the Act and under the Interlocal Act (to the extent that the exercise of such powers is consistent with the purposes of the Act) within the jurisdictional limits of such public agency by the execution of an addendum to the Interlocal Agreement in the Form of Exhibit "A" attached thereto; and WHEREAS, in order to grant the FDFC full right, power and authority to exercise any and all powers set forth in the Act and under the Interlocal Act (to the extent that the exercise of such powers is consistent with the purposes of the Act) within the jurisdictional limits of St. Lucie County, including without limitation the issuance of the Bonds to finance projects, the County Commission wishes to authorize the execution of a Limited Joinder to the Interlocal Agreement in the form of Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF ST. LUCIE COUNTY: Section 1. finds and declares that: Findings and Declaration of Necessity. The County Commission a. There is a need to enhance economic activity in the cities and counties of the State by attracting manufacturing, development, business enterprise management, and other {OR505002;3 ) 2 activities conducive to economic promotion in order to provide a stronger, more balanced, and stable economy in the cities and counties of the State. b. A significant portion of the businesses located in the cities and counties of the State, or desiring to locate in the cities and counties of the State, encounter difficulty in obtaining financing or are unable to obtain financing at all. c. The difficulty in obtaining such financing impairs the expansion of the economic activity and the creation of jobs and income in communities throughout the State. d. The businesses most often affected by these financing difficulties are small businesses critical to the economic development of the cities and counties of the State. e. The economic well-being of the people in, and the commercial and industrial resources of, the cities and counties of the State would be enhanced by the provision of financing to businesses on terms competitive with those available in the most developed financial markets worldwide. f. In order to improve the prosperity and welfare of the cities and counties of the State and its inhabitants, to improve and promote the financing of projects related to the economic development of the cities and counties of the State, and to increase the purchasing power and opportunities for gainful employment of citizens of the cities and counties of the State, it is necessary and in the public interest to facilitate the financing of such projects as provided for in the Act and to do so without regard to the boundaries between counties, municipalities, special districts, and other local governmental bodies or agencies in order to more effectively and efficiently serve the interest of the greatest number of people in the widest area practicable. g. In order to promote and stimulate development and advance the business prosperity and economic welfare of the cities and counties of the State and its inhabitants; to : OR505002;3} ., -' encourage and assist new business and industry in the State through loans, investments, or other business transactions; to rehabilitate and assist existing businesses; to stimulate and assist in the expansion of all kinds of business activity; and to create maximum opportunities for employment, encouragement of thrift. and improvement of the standard of living of the citizens of the State, it is necessary and in the public interest to facilitate the cooperation and action between organizations, public and private, in the promotion, development, and conduct of all kinds of business activity in the State. Section 2. The County Commission of St. Lucie County hereby approves the Limited Joinder to Interlocal Agreement and authorizes the Chair of the County Commission of St. Lucie County to execute and deliver a Limited Joinder to the Interlocal Agreement solely for the purpose of authorizing FDFC to finance a manufacturing facility for Cabinet Connection of The Treasure Coast, Inc., which facility will be located at 740 NW Enterprise Drive, Port St. Lucie, Florida 34950 (the "2003E Project"), substantially in the form of Exhibit "A" hereto, with such changes therein as may be hereafter approved by the Chairman, with execution by such person to constitute conclusive evidence of such approval. Section 3. The execution of the Limited Joinder to the Interlocal Agreement authorized herein shall be solely for the purpose of satisfying the requirements of the Act in order to grant the FDFC full right, power, and authority to exercise any and all powers set forth in the Act and under the Interlocal Act (to the extent that the exercise of such powers is consistent with the purpose of the Act) within the jurisdictional limits of St. Lucie County with respect to the 2003E Project and shall not be construed as an approval of any zoning, building, or other developmental or regulatory permit, and the County Commission of St. Lucie County 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. { OR505002;3} 4 Section 4. St. Lucie County shall not be liable or responsible for any of the indebtedness, liabilities, costs, or expenses of the FDFC. All debts, liabilities, costs, and expenses incurred by the FDFC shall be paid solely by the FDFC as permitted under the Act. Section 5. Bonds, notes, or other indebtedness issued or insured by FDFC shall not constitute a debt, liability, or obligation of St. Lucie County, or the State, or any political subdivision thereof or a pledge of the faith and credit or any taxing power of St. Lucie County or the State or any political subdivision thereof, but shall be limited obligations of the FDFC payable solely from and secured by a pledge of payments made by the FDFC and other funds provided therefor. Section 6. That this resolution shall take effect immediately upon its adoption. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice-Chairman Paula A. Lewis AYE Commissioner Frannie Hutchinson ABSENT Commissioner Doug Coward AYE Commissioner John D. Bruhn AYE PASSED AND DULY ADOPTED this ~ day of ()ciDhtt-2003. ATTEST: Q . '\ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN~;:'~A CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: DANIEL S. McINT COUNTY ATTO LIMITED JOINDER TO INTERLOCAL AGREEMENT WHEREAS, Orange County, Florida, and the Florida Development Finance Corporation have heretofore entered into that certain Interlocal Agreement, dated as of August 12, 1994 (the "Interlocal Agreement"), providing for the activation of the Florida Development Finance Corporation (the "FDFC"), pursuant to the provisions of the Florida Development Finance Corporation Act of 1993 (such Act, as now or hereafter amended, is herein referred to as the "Act"); and WHEREAS, the Act and the Interlocal Agreement provide that any other public agency (as defined in the Act) may enter into an Interlocal Agreement in order to permit the FDFC to function within the corporate limits of such public agency; and WHEREAS, St. Lucie County, a public agency as defined in the Act, desires that the FDFC function within the jurisdictional limits of St. Lucie County for the purpose of assisting in the financing of a manufacturing facility for Cabinet Connnection of the Treasure Coast, Inc., which facility will be located at 740 NW Enterprise Drive, Port St. Lucie, Florida 34986 (the "2003E Project"); NOW, THEREFORE, St. Lucie County hereby joins in the Interlocal Agreement, but only with respect to the financing of the 2003E Project, and agrees to be bound by all the terms , and provisions thereof, but only with respect to the financing of the 2003E Project. St. Lucie County further agrees to file an executed copy of this Limited Joinder, together with a copy of the Interlocal Agreement, with the Clerk of the Circuit Court of St. Lucie County. IN WITNESS WHEREOF, St. Lucie County has caused this Limitec' Joinder to \ Interlocal Agreement to be executed for the uses and purposes therein expressed on this 7tl1 day of 8ctobei2003. - BOARD OF COUNTY COMM.ISSIONERS OF ST. LUCIE COUNTY -~~--- By: [ATTEST: ,,/..... ~ctf~~ ftL(J Deputy rk APPROVED AS TO FORM AND L AL SUFFICIE Y: {OR505002;3 ) STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared Cliff Barnes , Chair, St. Lucie County, County Commission, to me personally known, and acknowledged before me that he is the person who signed the above and foregoing Limited Joinder to Interlocal Agreement for the uses and purposes therein contained. II!... 1;-1 ~3oo vfrglnla IT~ WITNE~ my hand and seal of my office, at F+. IJ (VI( e , St. Lucie County, Florida, thisP day of C..:/--ohR)' , 2003. ,'" ~ Carol A Bishop :a * My Commission CC93853" -""""'.#' Expires Mav 21,2004 ~ a ,,13u)lufJ Notary Public, State at Large . My commission expires: 5/21/0 i {OR505002;3 } 2