HomeMy WebLinkAbout10-297RESOLUTION NO.10-297
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
APPROVING, PURSUANT TO THE REQUIREMENTS OF
SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986,
AS AMENDED, THE LSSUANCE OF NOT EXCEEDING
$135,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS
(GEOPLASMA - ST LUCIE LLC PROJECT), PURSUANT TO A
PLAN OF FINANCING; AUTHORIZING THE CHAIlZMAN AND
CLERK OF THE BOARD TO EXECUTE AND DELIVER A
MEMORANDUM OF AGREEMENT EXPRESSING ITS INTENT
TO LOAN FUNDS TO GEOPLASMA - ST. LUCIE LLC, A
DELAWARE LIMITED LIABILITY COMPANY, FOR THE
PURPOSE OF FINANCING THE COST OF THE ACQUISITION,
CONSTRUCTION, EQUIPPING AND INSTALLATION OF A
SOLID WASTE DISPOSAL FACILITY WITHIN THE COUNTY AT
WHICH NEW AND EXISTING WASTE MATERIAL IN THE
COUNTY'S EXISTING LANDFILL WILL BE STORED AND
PROCESSED TO MANUFACTURE SYNTHETIC GAS, WHICH
WILL BE USED TO GENERATE ELECTRICITY, TO BE OWNED
AND OPERATED BY GEOPLASMA - ST. LUCIE LLC;
APPROVING, SUBJECT TO CERTAIN FURTHER FINDINGS, THE
ISSUANCE OF NOT EXCEEDING $100,000,000 TAX-EXEMPT
INDUSTRIAL DEVELOPMENT REVENUE BONDS (GEOPLASMA
- ST. LUCIE LLC PROJECT), AND THE ISSUANCE OF NOT
EXCEEDING $35,000,000 TAXABLE INDUSTRIAL
DEVELOPMENT REVENUE BONDS (GEOPLASMA - ST. LUCIE
LLC PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED
TO GEOPLASMA - ST. LUCIE LLC, TO FINANCE ALL OR A
PORTION OF THE COST OF SUCH PROJECT; PROVIDING
CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, as follows:
Section 1. Authority. This Resolution is adopted pursuant to the provisions of Chapter
159, Part II, Florida Statutes, and other applicable provisions of law.
{sooo~io~oooass~6 Doc~a}
Section 2. Definitions.
"Act" means Chapter 159, Part II, Florida Statutes, and other applicable provisions of law.
"Board" means the Board of County Commissioners, as the governing body of the County.
"Bonds" or "Bond" means the Tax-Exempt Bonds and the Taxable Bonds, respectively, to be
authorized by subsequent resolution of the Board pursuant to the Act, and in accordance with the
terms, conditions and limitations contained in such resolution.
"Borrower" means Geoplasma - St. Lucie LLC, a Delaware limited liability company duly
organized and validly existing under the laws of the State of Delaware and duly qualified to do
business in the State of Florida.
"Clerk" means the Clerk of the Circuit Court of St. Lucie County, ex officio Clerk of the
Board or any Deputy Clerk.
"Code" means the Internal Revenue Code of 1986, as amended, and the regulations
promulgated or applicable thereunder.
"County" means St. Lucie County, Florida, the issuer of the Bonds.
"Chairman" means the Chairman or Vice Chairman of the Board.
"Memorandum of Agreement" means that certain Memorandum of Agreement, dated the
date hereof, between the Borrower and the County, in substantially the form attached hereto as
Exhibit B, with such changes as the officers signing such Memorandum of Agreement may
approve.
"Project" means the acquisition, construction, equipping and installation of a solid waste
disposal facility to be located at 6120 Glades Cutoff Road, Fort Pierce, Florida 34981, and will
consist of approximately three sets of buildings located on approximately 9 acres of land, at
which new waste material and existing waste material located in the County's existing landfill
will be stored, processed with a plasma arc gasification system to manufacture synthetic gas
which will be used to generate approximately 24 megawatts of electricity.
"State" means the State of Florida.
"Taxable Bonds" mean the proposed Taxable Industrial Development Revenue Bonds
(Geoplasma - St. Lucie LLC Project), to be issued from time to time in installments or atone time in
an aggregate principal amount not exceeding $35,000,000.
2
{ 5000110100085576. DOCvB }
"Tax-Exempt Bonds" mean the proposed Tax-Exempt Industrial Development Revenue
Bonds (Geoplasma - St. Lucie LLC Project), to be issued from time to time in installments or at one
time in an aggregate principal amount not exceeding $100,000,000.
Section 3. Proposal. The Borrower has requested that the County issue the Bonds at one
time or from time to time under the Act, for the purpose of making a loan to the Borrower to
finance all or part of the cost of the Project, the amount of which the Borrower has represented will
be sufficient, along with funds contributed by the Borrower, to pay all of the cost of the Project,
such Bonds to be secured under the terms of a loan agreement between the County and the
Borrower requiring repayments in an amount sufficient to pay the principal of and interest on such
Bonds as the same become due and payable.
Section 4. Findings. The Board hereby finds, determines and declares as follows:
A. Pursuant to the Act, the Board has been requested by the Borrower to approve, for
purposes set forth herein, the issuance of the Bonds, in one or more series pursuant to a plan of
financing in an aggregate principal amount of not to exceed $135,000,000, the proceeds of which
will be loaned to the Borrower to enable the Borrower to finance or refinance all or a part of the
Project.
B. The approval requested by the Borrower is to comply with the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended, which section requires the
approval by the Board of the issuance of the Tax-Exempt Bonds after a public hearing on the
matter has been held.
C. The Board on the date hereof has held a public hearing pursuant to notice duly
published pursuant to the public approval requirements of Section 147(f) of the Code. A copy of
the proof of publication of the notice is attached hereto as Exhibit A.
D. The Board is authorized and empowered by the Act to enter into transactions such
as those contemplated by the Borrower, and to fully perform the obligations of the County to be
undertaken in connection with the financing of the Project in order to promote the economy of the
County and the State of Florida, increase opportunities for gainful employment and purchasing
power, and improve living conditions, and otherwise contribute to the prosperity and health and
welfare of the County, the State and the inhabitants thereof.
E. T'he Project is a "project" within the meaning of the Act, is appropriate to the needs
and circumstances of and shall make a significant contribution to the economic growth of the
County, shall provide or preserve gainful employment and shall serve a public purpose by
advancing the economic prosperity and the general welfare of the County and the State and the
inhabitants thereof.
3
{ 5000\ 10\00085576. DOCv8 }
F. The Borrower has requested the County to issue the Taxable Bonds and the Tax-
Exempt Bonds from time to time in an aggregate principal amount not to exceed $135,000,000 to
finance the Project. The Bonds shall be paid solely from the repayment of a loan of the bond
proceeds from the County to the Borrower.
G. The availability of financing by means of industrial development revenue bonds is
an important inducement to the Borrower to proceed with the acquisition, construction and
installation of the Project.
H. The Project and the issuance of the Bonds to finance the cost thereof will have a
substantial public benefit, and the Boazd deems it in the best interest of the County and its citizens
to approve the issuance of the Bonds.
Section 5. Public Hearing Held. The Board, on this date, has held a duly called and
convened public hearing pursuant to the provisions and upon the terms and conditions set forth in
Section 147(f) of the Code. Anyone who wanted to speak for or against the financing of the Project,
and the issuance of the Tax-Exempt Bonds was given an opportunity to do so.
Notwithstanding any other provision hereof, the issuance of the Tax-Exempt Bonds
pursuant to a plan of financing is hereby approved for purposes of Section 147(f) of the Code in a
principal amount of not to exceed $100,000,000
Section 6. Determination. If, upon further investigation of the Borrower and its proposal,
the Board is able to find that:
A. the County, the Board or any member or officer thereof is not obligated to pay the
Bonds except from the proceeds derived from the repayment of a loan to the Borrower and that
neither the faith and credit nor the taxing power of the County or of the State or any political
subdivision thereof is pledged to the payment of the principal of or the interest, or premium, if
any, on the Bonds;
B. the Board, the Borrower and the proposed purchaser of the Bonds have executed or
will concurrently with the issuance of the Bonds execute the documentation required for the
financing of the Project as contemplated hereby;
C. adequate provision has been or will be made in the documents for the operation,
repair and maintenance of the Project at the expense of the Borrower and for the payment of the
principal of, premium, if any, and interest on the Bonds and reserves, if any, therefor;
D. based on the criteria established by the Act, the Borrower is financially responsible
and fully capable of and willing to fulfill all of its obligations under the terms and provisions of the
loan agreement to be negotiated between the parties, under which the Borrower will be obligated,
4
{ sooo~ i o~oooass~6. ~oc~a }
among other things, to pay amounts sufficient to timely dischazge the debt service on the Bonds,
and to operate, repair and maintain the Project at the Borrower's expense;
E. the interest on the Tax-Exempt Bonds, in the principal amount not to exceed
$100,000,000 herein approved pursuant to section 147(f) of the Code, will be excluded from gross
income for federal income tax purposes under existing laws of the United States; and
F. the proposal will otherwise comply with all of the provisions of the Act;
then the Board may issue Bonds to finance the acquisition and construction of the Project in
accordance with the provisions and authority of the Act, this Resolution and the Memorandum of
Agreement. The principal amount, terms of maturity, interest rate and other details of the Bonds
will be determined by subsequent Boazd resolution.
Section 7. Financing Conditionally Approved. The financing of the Project through the
issuance of the Bonds is hereby deemed to be in the best interests of the County and its citizens,
and is hereby approved, subject to satisfaction of the conditions described in Section 6 above.
Section S. Authorization to Execute. The Chairman or Vice Chairman, Clerk of the Boazd,
the County Administrator and the County Attorney or their designee, are authorized in the name
and on behalf of the County pursuant to this Resolution, to execute and deliver the Memorandum
of Agreement. The officers executing such Memorandum of Agreement are further authorized to
do all acts which may be required or may be advisable with respect thereto.
The Chairman or Vice Chairman, the Clerk of the Board, the County Administrator and the
County Attomey or their designee, are further authorized to take such further action and execute
such further instruments as may be necessary to fully effectuate the purpose and intention of the
Memorandum of Agreement and this Resolution, including, but not limited to, making application
to the State of Florida for one or more private activity bond allocations as may be necessary to
provide for issuance of the Tax-Exempt Bonds..
Section 9. Priority. Nothing herein shall be deemed to restrict the County or the State of
Florida or any agency or political subdivision thereof in determining the order or priority of the
issuance of bonds by the County, to require the Board to give the Bonds priority as to issuance or
as to the time of issuance over any other bonds previously or subsequently approved by the Boazd
for issuance. Any such prioritization by the Board could result in the inability of the County to
issue the Bonds.
Section 10. Official Action and Reimbursement. This Resolution constitutes official
intent under Treasury Regulations Section 1.150-2 and any amendments thereto, for
reimbursement from bond proceeds of temporary advances made by the Borrower for purposes of
the Project prior to the issuance of the Bonds.
5
{ 5000\ 10\00085576. DOCvB }
Section 11. Effective Date. This Resolution shall take effect immediately upon its
adoption.
Passed and Adopted this 9th day of November 2010.
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ATTES .,, ;t~''
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of tTte(Circuit Court, ex-officio
erk of the Board of County
Commissioners
ST. LUCIE CO~JNTY, FLORIDA
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By: ~~~
Board of County
APPROVED AS TO FORM AND
CORRECTNESS:
By:
6
{sooovo~ooosss~6 Doc~a}
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sc~PS HolwAxn
SCRIPPS TREASURE COAST
NEWSPAPERS
St. Lucie News-Tribune
600 Edwards Road, Ft Pierce, FL 34982
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, S. DarteneBroeg, who on oath says that she is Classified Inside Sales
Manager of the St. Lucie News-Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the
attached copy of advertisement was publshed in the St. Lucie News-Tribune in the following issues below. Affiant further says
that the said St Lucie News-Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said
newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie
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, fine or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News-Tribune has been entered
as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next
preceding the first publication of the attached copy of advertisement.
Ad Pub
Customer Number Date Copyline PO #
ST LUCIE COUNTY 2203948 10/26/2010 NOTICE OF PUBLIC HEARING GEOPLASMA TEFRA
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Subscribed and sworn to me before this date:
October 26, 2010
O?.
Notary Public
N07ARY PUBLIC~TATE OF FLORIDA
ORIGINAL
Z Michael Meroae
;Commission # DD994177
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NOTICE Of -
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FONECL Po~CLOSURE Po fONECtOSIMNi' iO9ECl0iORE ADMWpSIRi1110N ~N6IN;E0FiN.E NOTICE OFSIILE
No. (772) 807-1370: 561008-G1.005817 1, MARIA G. MONTEA- PLAT THEREOF, AS Grolyn Wisrwr FORECLOSURE SALE and boa biddu for t BARRED. 18th, 1010 at 2:30 anw wah tM Ameri-
or fax a wrinw rr ~ LEGRE: MORTGAGE RECORDED IN PLAT &r 81716 ush at the Jury As- ITN den of the first P.M. on Me pmmiao um wrth pubildia
punt to: 17721 162- CHASE HOME FI- ' ELECTRONIC REGIS- BOOK l7, PAGE 32, NOTICE IS HEREBY sembly Room. St. , publication of thin whore said property Att Ryou an a per-
1283; if you an Mar- NANCE LLG, TMTION SYSTEMS OF THE PUBLIC RE- Law ORiw d GIVEN pursuant to Lucia County Court- Notiu is October Ma been stored and son wrth a diwbility
ing impaired, call 1-
800-855-8771 (TDD( Phimift,
vs INCORPORATED AS
A NOMINEE FOR CORDS OF ST. LU-
CIE COUNTY
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1800 NW 18
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d hour, 218 South 28, Novem Der 2, which zee located at who needs any sc-
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CLAUDIA PENAGOS;
HOMEBUVERS FIN- ,
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9%-B770M Via Fbr4 LEGRE; MORTGAGE KNOWN SPOUSE OF ANY PERSON CLAIM- Rwida 33309 entered in Gee No. ry Gurthoua, in R. Repreamatiw: Blvd. CM of Port St. w •ntitbd, st no
da Refry servinsl. ELECTRONIC REGIS- CLAUpA PENAGOS; ING AN INTEREST Tel: 19511153-036 07-04820, of the Cir- Pierce, Florida, st Vwa Ppliughi Lucie, Gunry of St. cow to you, to the
TRATON SYSTEMS UNKNOWN SPOUSE IN THE SURPLUS Fa:: (851) 711-0052 cub Gun of Mw 19th 11:OOa.m. on th• BM SW Bryant Ave- Law, Stave of Fbr4 provision of attain
Publish: Oaober 19, INCORPORATED AS OF MARIA G. HON- FROM THE SALE IF Toll Free: 1-800.111- Judicial Circuit in 18th daY of Novem- nw da, dw fdbwirq: assistance. Please
18,2010 A NOMINEE FOR TEALEGRE; JOHN ANY OTHER THAN 2138 and for ST. LUCIE bar, 2010, tM fdbw- Stwn, R 31891 monad tM Corm Ad-
1101737 HOMEBUYERS FIN- DOE; JANE DOE AS THE PROPERTY 0635101 County, wherein inq dewibed prop- Name: Unit • ministration Depart-
IN THE ORG1R ANCIAL LLC; THE UNKNOWN TENANT OWNER AS OF THE WELLS F A R G 0 soy as set forth in Joseph A. Osborne, CrxBeds mans, 250 NW Coum
UNKNOWN SPOUSE ISI IN POSSESSION DATE OF THE LIS Publish: October 26. BANK, N.A. AS said Final Judgment Ep. Anal Graham-Record try pub Qive, Sube
COURT OF THE /8TH
JUDICIAL ORG7R OF CLAUDIA PENA- OF THE SUBJECT PENDENS MUST Nwembar 2, 2010 TRUSTEE FOR OP- to wit: Ra. Bar 8880013 -105-HHG 217, Pon St. Lucie,
, GDS; UNKNOWN PROPERTY ors da- FILE A CLAIM WITH- 2201573 TION ONE MORT- BABBITT, JOHNSON, Salvatore Tornam- FL 31988
within 7
IN AND FOR
ST
LUGE COUNTY TENANT ISI; IN POS fenGro. I will sNl IN 80 DAYS AFTER
IN THE GRCUIT GAGE LOAN TRUST ~ LOT 19, PLAT OF VE- 0 S B 0 R N E d L E berw, Jr. - 515 -HHG ,
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COURT Of THE 18TH 2006-3 ASSET- RAND, P.U.D. N0. 1 CIAINCHE,PA Fred Ooley - 831 - receipt o(thu naive
GVR pVIS10N SUBJECT PROPER- beat bidder for ush
JUpCIAL GRCUIT BACKED CE RTIFI- BEING A REPLAY OF 1811 Worthington Rd HNG or pleading. Phone
CASE NO TV, I wtM Jury ASeembN In accordance with ,
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ST
LUGE COUNTY 200&3 is tM Phirrdft NO. 1, ACCORDING Pow Olfiw box 1116 Purchaws must b• you are noire or
-
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County Courthouw,
Disabilities Act of .
,
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and MARIE C .
T O THE P l A T
West Palm Beach, paid fro w tM time Bearing impaired.
INDVMAC FEDERAL RE-NOTICE OF ~
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BOOK 58, PAGE 11,
2500
All purchased items
, NOTICE IS HEREBY St. Lucie County bilrtiu, need special DOE AS UNKNOWN OF THE PUBLIC RE- we sold as u, whwa Publish: Odober 26.
~'
MIRNA M
SANCHEZ; GIVEN pursuant to Courthouse, in Ft. accommodation [o
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W E L l 5 F A R G O TENANT Isl IN POS CORDS OF ST. LU- Publish: October 2fi, is, and must be re- Novembw 2.2010
.
PRIME HOMES AT an Order Ruettinp Pierce, florida, at participate m this
BANK
N.A. AS SESSION OF THE CIE COUNTY. FLORI- November 2. 2010 moved w tlw ome of 210?719
P O R T O F I N O the Fwedasure Sale
dazed tM 27th day o/ 11:OOa. m. on th•
18th dry of Novem- proceedinp should
wnba tM ADA Co- ,
TRUSTEE FOR OP- SUBJECT PROPER-
TY, era dehndame. I D0. 2203215 dr ale. Save is w?
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August, 2010, and
Mr, 2010, tM /dlow-
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ANV PERSON CLAIM-
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mg desaibed Drop-
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cat and Dot bidder
ING AN INTEREST
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mat between owner n..weamr
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VESTMENTS, CORP.;
56-2008-CA-005817
•ny n cat forth in
Suhe 117, Port Saint 1006-3 ASSET-
for cash in THE(
IN THE SURPLUS -
-
NOTMN OF SALE '
and obligwed parry.
THE UNKNOWN
SPOUSE OF MIRNA
of [he Circuh Gurt
said Find Judgment
Lucie, Florida 31988 BACKED CE RTI FI-
CATES
SERIES
JURY ASSEMBL V
FROM THE SALE IF -
Dated thin October
of IM 19th Jud¢id
to wit:
or Tdephona Voice/ ,
ROOM OF THE ST.
ANV OTHER THAN IN THE COUNTY
12,2010.
M. SANCHEZ; UN-
KNOWN TENANT
Cush in and for St.,
TDD (7 7 1118 6-17 8 8 20063.
RaintiR,
LUCIE COUNTY
THE PROPERTY COUR70F THE 79TH
JUpGAL GRCUIT
Jerry MahaRey, Auc-
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ISI; IN POSSESSION Luch County, Flori-
h
i
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CHASE LOT 82. BIOCK 1,
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MARIE C. SAINT-VIL; St_ Lucie County
Courthouee located DATE OF THE US
PENDENS MUST
ST. LUGE COUNTY, 1139-10%BP. Nodwd
PROPERTY
h
d
is the Plaintiff and!
.
P H A S E 0 N E
y
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to such pawadinga.
UNKNOWN TEN-
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JOHN DOE
S
at 218 SOUTH 1ND
FILE A CLAIM WITH-
RORIDA
Publish: October 19, ~
public Lleari
De
n
ann.
CLAUDIA PENAGOS:'
ACCORDING TO THE ;
I
(:
STREET i n F T .
IN BO DAYS AFTER CASE NO_ i
26. 2010 public is Mnby
TM
REJiOTICE OF
Dwed this 19th day of JANE DOE AS UN-
KNOWN TENANTISI
PIERCE, Florida)
I
THE SALE. 562rXI6CC-000151
22008/7
notified that th•
Oadrw, 2009. 31950, at 77:00 a.m. Board of County
CLOSURE SALE IN POSSESSION OF
on tM 18th day of
In accordance with NUTCHINSON IS-
)
IN THE COUNTY
Comminioners of
EBY ~ ~~ THE SUBJECT PROP-
; By: Grp Homsry,
ERTY'
Esp November, 2010. tM
followin dexribed
g tM Americana with
Disabilities Act ol LAND BEACH CLUB.
d INC., (
COURT, IN
I St. Lucie County,
Fl
id
ill Mld
.
I Defsndann.
Bar Numbx: 87859 ;
propeM as sw forth
1990 IADAh diabbd
;RwmM, AND FOR SAINT
~ LUGE CWNTY, or
a, w
a
public hearing on
n9
un Sals NOTICE OF PUBLN; HEARING
REGARDING Fw
RE-NOTICE OF m said Summary Fi-I
I I
MI JuOpment
to-wn: parsons who, b•-
caws of their disc- w'
MARIA CONSENTING
' fiORIDA Tuoday, Novem-
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8
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.
bilitio
need special
AAUA MARIA ZUBER CASE NO.
r r
,
010,
ur
ng
the r
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u9usl
, 20 0
d
emarad in Ga No. NOT TO EXCEED 5700.000,000
ST. LUGE COUNTY, RORIDA
(LOT 15, BLOCK 181, ,
accommodation to
end SHANTUNG ED
i
INBURGH ,~2010-CGWO9b1 a r
y
e 9 u
scheduled meeting
56-1008-CA-008810
INDUSTRIAL DEVELOPMENT REVENUE
BONDS
NpTM,'E~M~ETIINa• ~~~
PORT ST. LUCIE
SECTION TWENTY parti cipaw in this
proceedin
should ,
)
Defendams. PAN THER WOODS( d Mss County Com-
i
i
b
of the Circuit Gun IGEOPLASMA - ST. LUCIE LLC EIGHT, ACCORDING g
contad the ADA Lo- MASTER ASSOCIA-~
I
710N
INC
a FloriG m
ss
on
pmnmy
+t 6:00 P. M. or as
of tM 18th Judicial PROJECT( NOTICE OF PUBLIC HEARING TO THE MAP OR ordinator at 250 NW NOTICE OF SALE ,
.,
corDOntion not-for soon thereafter as
Grwa in end for S.
Lucia County, Flori- NOTICE is Mreby given tMt a public hear- REGARDING PLAT THEREOF, AS Country Club Drive, PURSUANT TO
GIApiER ~ I profit, possible, at 2300
da, wherein INDY- ~np punwnt to $ecuon lnlfl of tM Intro- NO7 70 EXCEED (32,000,000 RECORDED IN PLATT
PAGEISI 7
BOOK 11 Sute 217, Pon Saint
Lucie
Florida 31988 I, Raindft, ~
~ Virginh Avenw, Ft.
Pi
FL
MAC FEDERAL
BANK, F.S.B. is the real Revenue Coded 1988, as amended
(the 'Cads'1, w01 M Mld by tM Board d
f S
C
C
i
i
L
w C ST. LUCIE COUNTY, FLOFIIDA
INDUSTRwL DEVELOPMENT REVENUE
BONDS ,
.
7A THROUGH 7C, IN-
CLUSIVE
OF THE ,
or T1lephone Voice/
1768
TDD 1772116fi
NOTICE IS HEREBY
GIVEN punwnt to a y,
DEBRA B. ALBE RT~ erce,
, to n-
ceiv public com-
Plaintiff and MIRNA
M
SANCHEZ ounry
omm
ss
oners o
L
u
ozen-
ty Florida ItM 'Commioion'1. on beMM
(HEALTH-CHEM pAGNOS7ICS HOLD- ,
PUBLIC RECORDS -
or 1.800-955-8771
Final Judgment of and RONALD L. AL-
BERT, husband and ment on pro DOad
adjustments to tM
.
:
T d tM Commhsbn, on Tuesday, Novem- INGS, LLC PROJECT) OF ST. LUCIE COUN- not later than five Foreclosure dated wBe, rhea Min, de- wutewahr and re-
PRIME HOMES A
P O R T O F I N O her 8, 2010, begindnq at 8:00 O.m., lain
time, w as soon Mmreahar as tM mortar
NOTK:E b hereby given tlut a blb Mar-
W
N• FLORIDA.
businns days prior M B, 2010, mod en-
ry
tend in Cue No
viao, pnnna, aa-
c l a i m a d w a t e r
SHORES BUILDERS, ma Mhurd, in tM Cozen Commission
Y tY rryant to Sedx>n 1g1f1dtlw Inter-
rrq W
Any parson claiming [o such prouedirrgs.
56200800000151, of eipnus, <nditon,
li rates, tees and
h
f
INC.; WESTON IN- CMmben in nth Roper Pwttas Adminis-
tnMon Annex, 2300 Virq~"rrh Avenw, Fort MI Rwenw CCM d 1886, as amended
ItM 'Code'1, will M held by the Board d
an inhrew in the car-
Gted Hie 19th dry d
the Circuit Gurt of enon and vuetees,
and cal otMr pxaone arges
c
or cus-
tom • r e o ( t h
VESTMENTS, CORP.:
T H F UNKNOWN Phrn, Fonda. Tlrs Pubhc Hrrinnpp a fro County Commiaionen d St. Lurie Cozen-
'
' Dlus ham tM uh if Oarrber, 2009. tM 19th Judidw Gr-
wh in and fro SL Lu- daimn
9 bY. through, South Hutchinson
SPOUSE Of MIRNA Uw purpose d providi a rasaMble
^g op
por1unity fro interesed individwN to ax- ry. Flonda 1tM
Gmmissian
1, m beMft
d tM Canmissbn, on Tuesday, Novem- any other than the
proDertY owar a of
BY Ida MphimNCian,
cis County, Florida, under or againw the
Warned Defrrrdadbl Island District
Wastewater Utili-
M. SANCHEZ; JOHN
prep tMu views, both ore and in writ-
~
bar 8, 2010,
bepnrxnq at &00 D-m., local
the den of Lis pro-
E
~~
wherein HUTCHIN- .
Dwendants
do (doze not in-
DOE; JANE DOE AS r
ng, on the Dropoad nsuanu of the Mma, w as won IMreaher as tM matter dens mwt file wim Bsr Number: 56395 SON ISLAND BEACH . due. the St
Luw
UNKNOWN TENANT Bonds and on tM bcation and Mtun d
to M fuhnced and fro tM
tM fadli
- ay M Hard, in tlw Cou Commi»ion
~
CMmb
i
tM R
P
Ad
i
i
rt
- within 80 da a aher
y CLUB, INC., RrridiR,
NOTICE OF SALE .
County Wavr and
ISI IN POSSESSION ry
par
xxwiderin
tM idbwin
:
oa d en
n
oger
m
n
o
ns
s
nation MMx
2300 Virr
inia A
enw
Fort tM ate law Office of and MARIA CON- Sewer Dis[rid cus-
OF THE SUBJECT r
q
g
P ,
gq
v
,
Piarw,Florida. TM Public Hunrq hto MarsMg C. Wwaon SE NTINO A/K/A NOTICE IS HEREBY tomsnl. The pro-
PROPERTY are de-
A plan dfiMncs wnsisMngd Mw proposed N
tlw purpose d providing • rsaswh sop
paved this 18h dry d
1800 NW IRh sb.w MARIA ZUBER and
GRIEN that punwnt
posed adjustments
hMams. I will aNl rswanw by Un Commisson d M tax- pwwnrty fro interested iMividwh to u- Oadrw, 1010. Sube 120 SHANTUNG EDIN- to a FiMI Summary an available fro rs-
to IM highot and exempt kdwtnw Devebpmen[ Revsnw Ptea tfwr views, both wally ant h writ- ~ LauMMah BURGH, DehMann,
J u d 0 m • n t o f
view at the Utility
hero bidder for ush Bonds IGeoplasma - SL Lucie LLC Roj-
i rnq, on the proposed issuanw of the BY Grp Hamsry, FbnM 33309 I will ae to the h' M
q Foreclosure dated Oitic• or on th•
w tM J Aswn
ury bN
Room. St. Lucia ecU, Series Ito M dwemniMd-,
n an a
9-
yyregate pre I amount not to exued
~
'
' Bands ant on tM Loudon and Mtrre d
tlw hdlny to Mfxrarxxd and fro Mw par-
Ep.
&r Number
8168
Tet W511 153-0 3 6 5
Faz: (8511711-6052 eve zed bnt bidder
~ ash, I wig awl to
September 28, 2010,
wWdn at www.s6
County Courthouu, 5100.000,OOO
Obli ations
M
1, issued
g
tw tlw purpose dfiMwJngwrefinandrrg pow d considers tlw /dbwi
rrg °g° .
Toll Free: 1-800-111- tM hi hu[ bidder that was emwed in
Ci
C
il C uwco.arghrNiMs
218 South 2nd
a8 w a part d Ure mw d Mrs acquhition,
Aphn dfiMnca consiwirrgdtM proposed
Law ORiw d
1138 fro cab in Ne Ju
ry ounty
v
au
56101000-
No
Publish: Oet
16
Street, Fart Pierce,
Fl
id
31950
M
wMtnrrzon, puipgnq and irrstalhtbn d
isawrrw by the Lommisson d in nx-
MaMall G Wesson
OBIB:f59
Assembly Bown• 278 .
g 0 0 9 51 o i t h • .
,
1010
or
a
at t
St. Lucie County a slid wash 6spoul fadliry to W bated
at B1I0 Glades Cutoff Rad, Fpw ('Tara, exempt Indwtrial Development Revenw
Banda Ifhatth-DMm Dugnwun Hdd- 1800 HW INh yrM
i
i S. Ind Strew, fort
Pieru
FL 31950 w
C0un1y COYrt in and
??03138
Courthouu
in Ft fl 31981 (Mrs 'Rajed'1. TM Propct wig ings„ LLC Rojreal. Series 2010, in an a¢ Su
te 110 Publ
sh: October 28, ,
St
L
i
C
t for 9. Lurie County,
,
.
Pi
Fl
id consiw of approxrmahN Cure sws d pregah pnnapal amount not to exoasd ~Lauderdab. Nwembw 1, 1010 .
uc
e
oun
y, Florida, whuein
on,
or
a, at bui16 located one
rps pproximahN 9aaes
OOOA00ItM 'OblgatioM•1. issued fro
532 FIonM 33309 T20115/ Florida, 31850, at
MEADOWOOD COA4
11:00a.m. on th•
d land, at which Mw wash mateMl and
the Wrpoa d fiMndnq w refiMrrdng all
Tw: (%11153-036 11:00 a.m. on the
MUNITY ASSOCIA-
16th daY o/ Novem- existin waste material looted in the
9 w a part d tlw mow d tlw aafuiaiMan, con- 07-2260
- 10th daY of Nwem-
TION
INC.
flkA
bw, 2010, Mw Idbw- County s oisdrq hrdfYl wgl b. cawed, stwcMon, pupgnp and inwalh[bn d a bar, 2010. A were- ,
,
PANTHER WOODS
irrg descnbed prop Wawssed whh a prima arc gaaifiudon manufaaunrrq fadliry toMbuted at 600 IN ACCORDANCE ~~~ ment that any Dar- MASTER ASSOCIA
erry a cat fortA in
system to ganerau ryntMtic qaa, and
Airport Wat Cammsrw Park Drive, Eon
WITH THE AMERI-
~
ton chiming an in- -
TION
INC
i
R
i
7
aid RMI Judgmwt
to cart:
then the ryntMtic gas will M wed to
garw_ah appraximatNy 2! mega want d
Pisrw, Florida 31818 ItM Ropd'1. TM
Props well consist of an approximahN
CANS WITH
IN THE CIRCUR
brew in the aurDlus
ham Mrs uh
i/ arty
,
.,
rv
s
a
tiff, and DEBRA B. ~
~0~
1
shdnary. Said Props wiR Mowned and 200,000 sgwrs foot fadliry and routed DISABILITIES ACT, ~~ p~ ,
,
other than tree woo- ALBERT and RON-
LOT 11. OF PORTOFF apented by Geoplasma - St. Luw LLC, a
i
i
fi txopeM and equipment to W uaad fro Mw
f D • r s o n e with ST. LUGE COUNTY,
arty ownx es d tM ALD L. ALBERT w
NO SHORES-PHASE Dehwanlim
tedl
abiliryoompwrygwfi
W
to Conduct busirha h Fonda
whop pu- anWadws o
diagnostic and related
products TM Roject wig M owned an- diubilMia needing a
ecial accommoda-
s R0R6p date of the lie pro- the Defsndants.The
TWO, ACCORDING
,
rent pnneigl addreahdo CT Corpora-
lw operated by FlsalNrlhrn ppnosdw
p
tion should contra
PROBATE pNS10N
F9
N
ens must file a
Clerk of the Court
ill
ll
M hi
M ~,1.~~
lll
lle
T 0 THE PLAT Lion S stem, 1100 South Pine Island
y
R
Pl
i
F
h Holdi
nqs, LLC, a FwiG kmited Gabiliry COURT ADMINIS- e
o.:
562010CPOOI O191FM) darts within 6 days w
a
to t
9
est and best bidder .
THEREOF, AS RE- antat
on,
L 33321, and w
wd,
oa
(
illWtM b
ti
i
dd
dtM
i wmpaM gwlified to mrrdtra buainsea in
nd
h
i
l
R
t
d
dd
i TMTION, st tM ST. aher tM cab. TM
~ ~ at tM SAINT
~
CORDED IN PLAT ress w
on
'N
a
w
pa
Pr
ed set forth above upon in completion a, w
n
a
o
oa wmn
ress
s
fx
Da
3311 SW 15th Strut
POmpaM Bach LUCIE Gunry Gun- IN RE: ESTATE OF lollowin deccribed
g L U C 1 E C 0 U N T Y j
e ~` "
BOOK l3, PAGE 37, Itlr •User•1. ,
,
R 330B9d8081tM 'Uarl. house at 772-167- STEPHEN PAGLIUGHI property as sw forth COURTHOUSE
218
OF THE PUBLIC RE- 2758 1-800-95fr-8771
Dewased. i n acid Final ,
1ND STREET
SO
CORDS OF ST. LU-
THE BONGS SHALL NEVER CONSTI-
THE BONDS SHALL NEVER CONSTI-
(TDD) or 1-800-855-
Judpnwrt•t°MnL .
,
FORT PIERCE
FL
CIE COUNTY, FLORI-
DA
TUTS AN INDEBTEDNESS OR GENER-
AL OBLIGATION OF THE STATE OF
TUTE AN INDEBTEDNESS OR GENER-
AL OBLIGATION OF THE STATE OF
8770, via Flwida Re-
NOTICE ~
i ,
.
31950, FLO RIGA
FLORIDA, ST. LUCIE COUNTY, OR ANV
FLORIDA. ST. Ll1CIE COUNTY, OR ANV lay Service. ,
TO CREATORS Un
t 201 ISLAND
BEAG1 CLUB aarord-
11:00 o'dod AM. on
ANY PERSON CLAIM- OTHER POLITICAL SUBDIVISION OR
AGENCY OF THE STATE OF FLORIDA OTHER POLITICAL SUBDIVISION OR
AGENCY OF THE STATE OF FLORIDA
Publish: Odober 28
Th
d
i
i
i
f
n g t o the P I u the 10th of Novem-
b
h
ING AN INTEREST ,
BUT SHALL BE PAYABLE SOLELY ,
BUT SHALL BE PAYABLE SOLELY ,
Novwnbw 1.2010 e a
m
n
strat
on o
the s t t a t •
f
thereof recorded in ar, 2010, t
•
f
ll
i
d
ib
d
IN THE SURPLUS FROM FUNDS PAID BV GEOPLASMA - FROM FUNDS PAID BY HEALTH-CHEM 220120.5 o 0(fidal RewMs Book ng
o
ow
escr
e
``
FROM THE SALE IF ST
LUCIE LLC DIAGNOSTID$ HOLDING
LLC STEPHEN PAGLIUG- 313 Papelsl 732 on property o at forth •
ANV OTHER THAN .
. ,
.
IN THE GRCUR HI, dwaaeed, wMu
daze of duth was file in tM Public Re- wr wd in aid Final
Judgment of Fora- ~
T H E P R 0 P E R T Y
R
F T TM public Manna n required by Saaion
117R1 d tM Cods
M
erson rnnrewsd TM publk hating is rpuind by Section
1/71() d tM Code
An
erson imerested
COURT Of THE 18TH
March 13, 2009, is cords of ST. LUCIE
dwws to wit ~
AS O
HE
OWNE
DATE OF THE LIS
y p
.
in tlw plan d fiMnw, in tM proposed ia-
Obli
i
M
n
d U
b
y p
.
in tM plan d fnanw, in tM proposed it
M Obli
d
M l
i
d
JUDICW GRCUIT,
IN AND FOR
pending i n t h •
Ci
i
f
C
S
County, Rorida aA/a
9800 S. Ocean Dr.
C
d
i
i
U
i - __
,,
PENDENS MUST swnce
gat
on
h
om, w
rs
u
w Mturo d tM Props ma
a
ear and wanq
t
gs
ons, w t
ocat
on
d tM P
j
t
d
d
T
T rcu
t
ourt
or
t
YtW, Jensen Beach, on
om
n
um
n
t
y
pp ro
ry appar an
w M
un
e . LUGE CWN
S
V„ Lucie County, Flori- 106, Buildp 1, Ou9
I
60 DAYS A
THE SALE y
p
irrqq~~ tM Cammisam d SL Luw Caunry .
y
p
mg Mrs Commisson d SL Lurie
l
. vd0 consider wMtMr w approve Mw Odi-
ggaadaM, as required by Section 1171(1 of wil
consider wMtlwr to approve tM
ppaatbM, as required by Section 1171
In accordance with tM Cade. tM Code.
the Americans with
Diubilities Ad of TM public Man will M conducted in a
^9
public Manng will be conduded
TM
diubled
1880 (ADA( manner IMt provda a ruaoMbh oppw- manMr tMt provrda a rsaaonable
.
h
b tuniryhMMardiw persoro with dRfering wdtl'toMMardfw with difl
~
~
s
persons w
o,
e-
uuee of tMir die- views an tM plan d fiMlln, tM bcanan
w Mtun d iM Prgjea, w tM issuance of wawa on Mw plan d f
M
nw
, the Lon
w Mnn d tM Rojec4 w IM hwa
biluhs, Med spaiw Mrs Oblpadorrs. Arty person deainnq to b• the 09hgatgM. Arty person degnng
accommodation to Hard on this matter is regrwaW to anent (ward an this matter is regtreYed na
participate in this the pub5c Haring wand a repreaenh- tlr publc hating w send a
'
proceedinp should tiro. Wrma oommer8s may Msubmined rive. Written oommenn m+y Maubm
wnha tM ADA Co- to Uw Commiubn w tM County at 2300 ro tM Commiaion w Mw County at
wdinwor w 150 NW Virprnia Avenue, Fort Pierce, Florida Virprnia Avsnua, Fort Pierce, Flo
Country Club Drive, 31982, Attentbn: County AttorMy. 34962, Anention: Caunry Anomey.
Suite 117, Pon Sain FuMwidorma[ion rslathp to His matter is FtrlMridwmanon rehdngnthisma
Lucie, Florida 31986 avaihbh fro inspection and espying during avagableiw inspedionand wpYin9 du
w Telephone Yoiu/ rpWu bwiMa hours at Mrs dFice d tM rpuhr husirress hours w tM dfiw d
TDD (7 7 1116 6-17 6 6 County Attwnry at 2300 Ywginia Avenw, Cowry Attorney at 2300 Virpiria Ar
or 1-900-fb5-9771 Fwt Rerw, RwiG 3/982. Fort Prerw, Fonda 31982.
not Iwer than /iv Commann made at Mrs hanrp an fro tM Commenn made at the Mariry an fro
buafMaa dari prior rxrMideration d tM Canmiswm, ant will mnsidention d Mrs Commhwon, and
h each proasedirga. not bind arty hgal adios h M taken by tM not hint ant legal aeon to ba liken by
Lommhron in cgnrredion with i4 wMid- Commission in conMCtion with fb
Dwad MHe 19th dry d Mtlall and approval d [M fuwrrdng and
i eratbn and a al d MN fiMrrdrrg
Oaobw. 2000. tM
awnw of tM OblgauoM. Mrs isswnw d the Obligetbna
BI" Grp Hamay IF A PERSON DEGDES TO APPEAL ANY IF A PERSON DEGDES TO APPEAL
Esq. DECISION WITH gESPECT TO ANV
SUCH MATTER CONSIDERED AT SUCH DECISION WITH RESPECT TO
SUCH MATTER CONSIDERED AT
Bu Number. B1B69 HEARING, SUCH PERSON WILL NEED HEARING, SUCH PERSON WILL N
For A RECORD OF THE PROCEEDINGS, A RECORD OF THE PROCEEDIN
Grolyn llfrrrer AND FOR SUCH PURPOSE, SUCH AND FOR SUCH PURPOSE, S
Bw 81718 PERSON MAY NEED TO ENSURE THAT PERSON MAV NEED TO ENSURE
A VERBATIM RECORD Of THE PRO- A VERBATIM RECORD Of THE P
Law Offiwd CEEDINGS IS MADE, WHICH RECORD CEEDINGS IS MADE, WHICH REC
MenMll G Wanon INCLUDES THE TESTIMONY AND EVI-
DENCE UPON WHICH THE APPEAL IS INCLUDES THE TESTIMONY AND
DENCE UPON WHICH THE APPEA
1800 NW 19th Stmt TO BE BASED. TO BE BASED.
suite 126
R Laudwdws ArrY Oersan rpurnrq raswrabM eccom- Arry person rpuinrq rasonade a
Rpm 33300 moGtion at Iftis mswwp benua d • die- modation at thin matirrq bsnua d a
Tw: 195/11b1036 ability w physical wnpawrrrerrt slror8d con- ability w physical impairmaM should
fax: 1961) 771-8052 na tM Sc Lucie Coterry Lanmuriry Sarv- hd the Sc Luue County Commudry
Toll Free: 1100.111- us MaMper at (772) 181-1777 w TDD
(772) 162-1128 at law b Noun poor to ices MaMgx at (772) 182-1777 w
(772) 462-1428 at haw 6 hour pre
2138 tM mrreting. tlw mating.
OB-17992
Gated: October 28, 2010. Dated: October 28, 2010.
Publish: OaoMr 28,
NovwnWr 2
2070 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSION
,
220416 ST. Ll1C1E COUNTY, FLORIDA ST. LUCIE COUNTY, ROR
IN THE GRCUIT TFgS NOTICE IS DATED THIS 2&h DAY THIS NOTICE IS DATED THIS 26th
COURT OF THE 19TH OF OCTOBER 2010. OF OCTOBER 1010.
JUDICIAL ORCUIT,
IN AND FOR Submitted by: DwIN 5. Mdntyre, County SuOmfned by: Daniel S. Mdnryn,
ST. LUGE COUNTY, AnwMy Anwney
ROPoDA
GVIL pN510N Publish: Oaohar 28, 1010 Publish: Odobw Ze, 2010.
EASE NO:
2203948 ublic Mar- FL 31957 ,
uent to tM
ublic bur- bs Hard
Subse
usnt to tM
WTE M hard Subae
NLL
2203980
County RORKIA da. Robate Drvnlon, Run Vdlage, A Gn-
LMLpNS10N tM addrm d whin dominium, FOR-
Obli- DATED at St. Lwie
CASE NO is Post Office Box MERCY PATTI RIZZO
fl d Florida, [hie Ate dry
09-08189 700, Fort Piarca, PLAZA, ACONDO-
dOCTOBER, 1010.
Florida 31951. The MINIUM, TOGETHER
in a SU NTRU ST MORT-~ namrs and address- Attom WITH AN UNDI-
oppor- GAGE, es of the personal ~ VIDED INTEREST IN
SCOTT A sTOLOFf,
er!^g PhimiR, roDrountative and THE COMMON ELE-
tron vs. the persoMl Wore- Ems-' MENTS, ACCORD-
nw d Ra. Bar No. 958867
nM RUSSELL T E R I; eentative's attorney ING TO THE DECLA-
tterrd MORTGAGE we eve forth bwow. RATIOIi OF CONDP
nspreanh- Anwnry tw tM Plain-
ELECTRONIC REGIS- All creditors of Ih• MINIUM THEREOF
rued TMTION SYSTEMS deudwt mod wMr D~~' ER KPoVOIC S RECORDED IN OFfI-
2300 INCORPORATED AS persons having STOLOFF,PA CIAL RECORD 822
rrda NOMINEE FOR SUN- claims or demands AND AMENDMENT
1818 AwtraSa Aw-
TRUST MORTGAGE, againn deudent's CHANGING NAME
nw south. Sufis 100
«arb INC.; LORETTA TER(; Utah on whom aIW~ prom Bach RECORDED I11 OfFI-
U N K N O W N ropy d (hie notiw is CIAL RECORD BOOK
~ TENANTISI IN required to b• Rwda 7316 808, PAGE 2808,
sow, POSSESSION OF arved maw fib tMir PUBLIC RECORDS
THE SUBJECT claims with tAis Notice to Persona ~~ LUOECOUN-
wnh Diubilitiar. In
~ PROPERTY, Court WITHIN THE awordanw with the TY'FLORIOA
DehMwb. LATER O F 3
wdl MONTHS AFTER Arnerrcane wM Asa- Any Perron daiming
Mrs bi5tio Ad (ADA) arty
mid- RE~IOTICE Of THE GATE OF THE an NawM 'n MM wr-
and FORECLOSUFF SALE FIRST PUBLICATION arson whh aDiu- pro ken tlw ate, 8
biliry re0uiring rea-
OF THIS NOTICE OR soMbh arxarnrrrods- any, who tMn tM
NOTICE IS HEREBY 30 DAYS AFTER THE Lion should aril 1• Dro04rry oterw a d
ANV GIVEN pursuant to DATE OF SERVICE tM doh of the Lis
ANY ^n Order Resanin OF A COPY OF THIS 771J87-2758 (Voiwl:
SUCH ~ 1-000-995-8771 ~~' maw file a
EED tM Fwedwun Sob NOTICE ON THEM. claim within sixty
GS, dazed Mw 25M day d All wMr aedhwe of R~1' w tax a writ- 180) daYS aher the
to rpuew to 1-772-
UCN August. 2010, and th• decedent and 182-6975 not late ~'
THAT enerM in Ga No. De rsona having than swan data
RO- OB-09189, o/ Ih• daima or demands Dwed Mria 12th dry d
ORD Circuit Court of the ^gainst th• deco- PKK h Mr proceed Odohw. 2010
L IS 19th Judidal Grcuh dent's uuh must ergs
in and fro St. Lucie fib Neir daima wiM Br Al11ERT B.
Publish: October 16,
County, Florida, this Gurt WITHIN 3 MOORE, ESO.
November 2, 2010
caps- wherein SUNTRUST MONTHS AFTER SACHS SAL( fAPLAN
die- MORTGAGE is th• THE DATE OF THE ~~ 1850 SW FOUNTAIN-
con Plaintiff and RUS- FIRST PUBLICATION NOTNF OF SALE VIEW BLVD. STE.
7~DD- SELL TER(; MORT- OF THIS NOTICE. 207
w h GAGE ELECTRONIC ALL CLAIMS NOT NOTICE 15 HEREBY PgLT SAINT LUCIE,
REGISTRATION SVS FILED WITHIN THE GIVEN that the un- R 31988
TENS INCORPORAT- TIME PERIODS SET denigad intends to
ED AS NOMINEE FORTH IN SECTION all th• DenoMl Attwnry fro PhimMf
FOR SUNTRU S7 733.702 OF THE property described Albwt B. Howe, Eeq.
ERs MORTGAGE, INC.; FIORIDA PROBATE below to enforce a SACHS SU(LAPLAN
IOA LORETTA TER(; UN- CODE WILL BE FOR- lien imposed on aid 1850 SW Fourrtain
KNOWN TENANT EVER BARRED. property under The vrew BNd. Ste. 207
DAV IS1; JOHN DOE; NOTWITHSTANDING Flwida Self Storage Port St. lude,R
JANE DOE AS UN- THE TIME PERIODS Facility Ad Statutes 31888
KNOWN TENANTISI SET FORTH ABOVE, (Section 83.801- p721871-8020
County IN POSSESSION OF ANV CLAIM FILED 83.8091. TM under-
T H E SUB ! E C T TWO 121 YEARS OF signed will all at Thia notice ie pro-
PROPERTV, are MORE AFTER THE public tale by com- vided Dureuant to
defendente. I will DECEDENT'S DATE Detitive bidding on Adminiwrative Order
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MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT between ST. LUCIE COUNTY, FLORIDA, a
political subdivision of the State of Florida (the "Issuer"), and GEOPLASMA - ST. LUCIE LLC,
a Delaware limited liability company, authorized to do business in the State of Florida (the
"Borrower").
1. Preliminary Statement. Among the matters of mutual inducement which have
resulted in the execution of this Memorandum of Agreement are the following:
(a) The Issuer is a political subdivision of the State of Florida, and thereby is
a local agency as defined in the Florida Industrial Development Financing Act, Chapter 159,
Part II, Florida Statutes, as amended (Chapter 159, Part II, Florida Statutes, as amended, being
hereinafter referred to collectively as the "Act"). As such, the Issuer is duly authorized and
empowered by the Act to provide for the issuance of and to issue and sell its industrial
development revenue bonds for the purpose of financing all or any part of the "cost" of any
"project," including any project fora "solid waste facility" (as such terms are defined or used in
the Act).
(b) The Borrower proposes that the Issuer finance or refinance all or any part
of the cost of a project consisting of the acquisition, construction, equipping and installation of a
solid waste disposal facility (the "Facility") to be located at 6120 Glades Cutoff Road, Fort
Pierce, Florida 34981, which will consist of approximately three sets of buildings located on
approximately 9 acres of land, at which new waste material and existing waste material located
in the County's existing landfill will be stored, processed with a plasma arc gasification system
to generate synthetic gas, which will be used to generate approximately 24 megawatts of
electricity, and will include fixtures, furniture and equipment relating thereto (collectively, the
"Project"). The Project will be owned and operated by the Borrower.
(c) Borrower Representations and Intent of Memorandum The Borrower
represents that the portion of the capital cost of the Project to be financed with the Bonds,
including the cost of issuance of the Bonds (as hereinafter defined), is not expected to exceed
$175,000,000.
2. The Borrower represents that the Project is a "project" within the
meaning and contemplation of the Act.
(a) The Borrower represents that neither it nor any "related person" (as such
term is used in Section 144(a)(3) of the Internal Revenue Code of 1986, as amended (the
"Code")), directly or indirectly, commenced or entered into any binding contracts for the
acquisition or construction of the Project or for the purchase of machinery or equipment for the
Project more than sixty days prior to the date hereof (unless otherwise permitted by applicable
Treasury Regulations), and that it is essential that it make commitments for such purposes prior
to issuance of the Bonds.
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(b) The Borrower has requested that the Issuer express its intention to issue
its industrial development revenue bonds for the Project in an aggregate principal amount of
not to exceed $175,000,000, (the "Bonds") of which not to exceed $100,000,000 may be issued as
bonds the interest on which will be excluded from gross income of the holders thereof for
federal income tax purposes (the "Tax Exempt Bonds"), and that the Issuer approve the Bonds
and file for an allocation for the Bonds in the amount of up to $100,000,000 for calendar year
2010 if available, and otherwise for calendar year 2011 through 2013 (inclusive of any
carryforward allocation available during such period), for the purpose of financing all or part of
the "cost" (as defined in the Act) of the Project under a loan agreement between the Issuer and
the Borrower, whereby the Borrower will be unconditionally obligated to operate, repair and
maintain the Project, to make payments sufficient to pay the debt service on the Bonds and to
pay all other costs incurred by the Issuer in connection with the financing, the acquisition,
construction and installation, and the administration of the Project which are not paid out of the
Bond proceeds or otherwise; the Bonds are to be secured by such obligations of the Borrower;
and the interest on the Tax-Exempt Bonds to be exempt from federal income taxation under the
laws of the United States of America.
(c) This Memorandum of Agreement is entered into to permit the Borrower
to proceed with commitments for the Project and to incur or pay costs in connection with
various phases of the Project (including the costs of the acquisition, construction and installation
of the Project and related expenses) and to provide a declaration of intent by the Issuer, prior to
the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available
to finance all or part of the costs of the Project, including reimbursement of original
expenditures for the Project paid prior to the issuance of the Bonds, to the extent of such
proceeds, all in accordance with and subject to the provisions of the Constitution and other laws
of the State of Florida, including the Act, the Florida Private Activity Bond Allocation Act,
Chapter 159, Part VI, Florida Statutes, as amended (the "Bond Allocation Act"), the Code and
Treasury Regulations Section 1.150-2 under the Code, and this Memorandum of Agreement.
3. Intentions on the Part of the Issuer. Pursuant to and in accordance with and
subject to the limitations of the Constitution and other laws of the State of Florida, including the
Act, the Code and Treasury Regulations Section 1.150-2 under the Code, and the Bond
Allocation Act, and upon the conditions stated in this Memorandum of Agreement, the Issuer
declares its intent as follows:
(a) It will authorize the issuance and sale of one or more series of the Bonds,
pursuant to the terms of the Act as then in force, for the purpose of financing all or a portion of
the cost of the Project, including reimbursement of original expenditures for the Project paid
prior to the issuance of the Bonds but no earlier than 60 days prior to the date hereof (unless
otherwise permitted by applicable Treasury Regulations).
(b) It will, at the proper time and subject in all respects to the prior advice,
consent and approval of the Borrower, adopt such proceedings and authorize the execution of
such documents as may be necessary and advisable for the authorization, sale and issuance of
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the Bonds, the acquisition, construction and installation of the Project and the financing of the
Project, all as shall be provided for or permitted by the Code and the Bond Allocation Act,
authorized by the Act and mutually satisfactory to the Issuer and the Borrower. The Bonds are
to be issued under a trust indenture between the Issuer and a trust company, bank or other
qualified trustee having trust powers (which shall be qualified to serve as trustee under such
indenture, under all applicable laws, and be designated by the Borrower and acceptable to the
Issuer), as Trustee, pursuant to which the Trustee shall receive and disburse the proceeds from
the sale of Bonds, collect payments from the Borrower under the financing agreements and
enforce its obligations under the financing agreements. The Bonds shall not be deemed to
constitute a debt, liability or obligation, or a pledge of the faith and credit or taxing power, of
the Issuer or of the State of Florida or of any political subdivision thereof, but the Bonds shall be
payable solely from the revenues and proceeds to be derived by the Issuer from the sale,
operation or leasing of the Project, including payments received under the financing
agreements. The Bonds shall bear interest at such rate or rates, shall be payable at such times
and places, shall be in such forms and denominations, shall be sold in such manner, at such
price and at such time or times, shall have such provisions for redemption, shall be executed,
and shall be secured pursuant to the Indenture, as hereafter may be requested by the Borrower
and acceptable to the Issuer, all on terms complying with the Code, authorized by the Act and
mutually satisfactory to the Issuer and the Borrower, subject to confirmation of an allocation
pursuant to the Bond Allocation Act or other applicable law then in effect.
(c) The interest on the Tax-Exempt Bonds shall be exempt from federal income
taxation, as determined on the basis of an opinion of Bond Counsel approved by the Issuer.
4. Agreements of the Borrower. Subject to the conditions stated in the Preliminary
Resolution or in this Memorandum of Agreement, the Borrower agrees, if it proceeds with the
Project, as follows:
(a) The Borrower will generally arrange for, manage and carry out the
acquisition, construction and installation of the Project, it will advance its own funds for such
purpose as herein provided and, to the extent that the proceeds derived from the sale of the
Bonds are not sufficient to complete the Project, and to pay all costs incurred in connection
therewith and with the financing and administration of the Project, it will supply all additional
funds which are necessary therefor.
(b) The Borrower will make arrangements for the sale of the Bonds and shall
be responsible for compliance with all applicable securities laws, including any disclosure
obligations, in connection with the offering and sale thereof.
(c) Contemporaneously with the delivery of the Bonds, the Borrower will
enter into financing agreements and such other agreements and related documents as shall be
necessary or appropriate so that the Borrower will be obligated to operate, maintain and repair
the Project at its own expense, to pay for the account of the Issuer sums sufficient in the
aggregate to pay all of the principal of and interest and redemption premiums, if any, on the
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Bonds when and as the same shall become due and payable, and to pay all other costs incurred
by the Issuer in connection with the financing, construction and administration of the Project
except as may be paid out of the Bond proceeds or otherwise.
(d) The Borrower will take such further action and adopt such proceedings as
may be required to implement its undertakings hereunder.
5. General Provisions.
(a) Since it is anticipated that the acquisition, construction and installation of
the Project will commence prior to the sale of the Bonds and the Borrower knows and
acknowledges that the Issuer will have no funds available to pay the cost of the Project other
than funds derived from the sale of the Bonds, the Borrower may advance from time to time
any funds necessary for the acquisition, construction and installation of the Project, and any
such funds when so advanced shall be deemed funds advanced on behalf of the Issuer;
provided, however, that the Issuer shall not by virtue of such advances or otherwise through
this Memorandum of Agreement acquire any property interest in the Project whatsoever. To
the extent that the net proceeds derived from the sale of the Bonds are sufficient for such
purpose, the Issuer agrees to reimburse the Borrower from such net proceeds after the issuance
of the Bonds for costs of the Project incurred by the Borrower prior to the issuance of the Bonds
(subject to any limitations imposed by the Code).
(b) The Issuer agrees that the Borrower may enter into one or more
agreements with a private lender or lenders to provide temporary construction financing and
obtain commitments for permanent financing for the Project without violating in any manner
the terms of this Agreement.
(c) The Borrower shall act as independent contractor, and not as agent for the
Issuer, for the acquisition, construction, installation and completion of the Project, and shall
provide all services incident to the acquisition, construction and installation of the Project and
pay the cost thereof pending reimbursement by the Issuer from the Bond proceeds, and the
Issuer shall have no responsibility for the provision of any such services.
(d) The Borrower may engage the services of an underwriter or financial
consultant or adviser and legal counsel in connection with the offering and sale of the Bonds;
provided, however, that the Issuer shall have no liability for the payment if any such firm's
compensation or expenses if the Bonds are not sold and issued, and if the Bonds are sold and
issued the Issuer shall be liable for the payment thereof only out of the proceeds of sale of the
Bonds.
(e) The Borrower has paid the Issuer's nonrefundable application fee and
agrees to pay the Issuer's actual out-of-pocket costs and expenses in connection with the
transactions contemplated hereby, whether or not the Bonds are issued and sold, provided that
if the Bonds are issued and sold, such fee and costs and expenses may be reimbursed out of the
proceeds of the sale of the Bonds.
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(f) Daniel S. McIntyre, Esquire, County Attorney, serves as counsel for the
Issuer and Bryant Miller Olive P.A., Tallahassee, Florida, serves as Bond Counsel for the Issuer,
and Public Financial Management serves as Financial Advisor for the Issuer. The Borrower
shall be responsible for the payment of all standard fees, costs and expenses of said counsel and
Financial Advisor for the Issuer and of all fees, costs and expenses of Bond Counsel and
Financial Advisor, and shall pay the same whether or not the Bonds are issued and sold,
provided that if the Bonds are issued and sold such fees, costs and expenses may be paid or
reimbursed out of the proceeds of the sale of the Bonds.
(g) The Bonds shall not be required to be validated pursuant to the
provisions of Chapter 75, Florida Statutes, unless validation shall be deemed advisable or shall
be required by counsel to the Issuer, Bond Counsel or the initial purchaser of the Bonds.
(h) Confirmation of an allocation for the Tax-Exempt Bonds for the calendar
year in which the Bonds are issued (unless carryforward allocation is available), sold and
delivered and the purchase price therefor is received, under Section 146 of the Code, the Bond
Allocation Act and other applicable law then in effect, and, if required by the Issuer or its
counsel, the Borrower or its counsel, or Bond Counsel, such other rulings, approvals, consents,
certificates of compliance, opinions of counsel and other instruments and proceedings
satisfactory to each of them, with respect to the Bonds, the Project this Memorandum of
Agreement, the financing agreements, the trust indenture or any other instrument or act
contemplated hereby, shall be obtained from such governmental agency, as well as
nongovernmental, agencies and entities as may have or assert competence or jurisdiction over
or interest in matters pertinent thereto, and the same shall be in full force and effect at the time
of issuance of the Bonds.
(i) The intentions of the Issuer to issue the Bonds pursuant to this
Memorandum of Agreement and to use the proceeds thereof as herein contemplated are subject
to the conditions that (i) the issuance of the Bonds by the Issuer shall have been authorized by a
bond resolution of the Issuer; (ii) an amount equal to the face amount of the Tax Exempt Bonds
shall have been allocated for the issuance of the Tax Exempt Bonds for the calendar year in
which the Bonds are issued (unless carryforward allocation is available), sold and delivered and
the purchase price therefor is received, pursuant to Section 146 of the Code and the Bond
Allocation Act or any other applicable provisions, which allocation shall be in full force and
effect on the closing date for the issuance of the Bonds, and (iii) the Issuer and the Borrower
shall have agreed to mutually acceptable terms for the Bonds and the sale and delivery thereof
and mutually acceptable terms and conditions for the financing agreements and other
agreements and documents referred to in Sections 2(b) and 4(c) and the proceedings referred to
in Sections 2 and 3 hereof and the Bonds shall have been issued, sold and delivered; provided,
however, that the Bonds may not be issued more than one year after the date on which the
entire Project shall have been first placed in service or acquired (whichever occurs last), after the
allocation referred to in clause (ii) shall have expired, elapsed or become ineffective, or after the
expiration, lapse or repeal of any authority for the issuance of the Bonds under Florida law or of
{ 5000/ 10/00087149. DOCv4 } -5 -
the exclusion of interest on the Tax-Exempt Bonds from gross income for federal income tax
purposes under the Code.
(j) If the events set forth in paragraph (i) of this Section do not take place
within the times set forth therein or any extensions thereof and the Bonds are not issued as
herein contemplated, the Borrower agrees to pay all costs and expenses incurred pursuant to
this Memorandum of Agreement by the Borrower, the fees and expenses of any underwriter,
financial consultant or adviser engaged by the Borrower, the standard fees, costs and expenses
of counsel of the Issuer, the fees, costs and expenses of Bond Counsel and Financial Advisor,
and any necessary and reasonable out-of-pocket costs and expenses incurred pursuant to this
Memorandum of Agreement by the Issuer, whereupon this Memorandum of Agreement shall
terminate.
(k) So long as this Memorandum of Agreement is in effect, all risk of loss to
the Project will be borne by the Borrower.
(1) It is expressly agreed that any pecuniary liability or obligation of the
Issuer hereunder shall be limited solely to the revenues and other funds derived by the Issuer
from the sale, operation or leasing of the Project, including payments received under the
financing agreements, and nothing contained in this Memorandum of Agreement shall ever be
construed to constitute a personal or pecuniary liability or charge against any member, officer,
commissioner, employee or agent of the Issuer or its governing body, and in the event of a
breach of any undertaking on the part of the Issuer contained in this Memorandum of
Agreement, no personal or pecuniary liability or charge payable directly or indirectly from any
funds or property of the Issuer shall arise therefrom. The Borrower hereby releases the Issuer
from and agrees that the Issuer shall not be liable for, and agrees to defend, indemnify and hold
the Issuer harmless against any liabilities, obligations, claims, damages, litigation, costs and
expenses (including but not limited to attorneys' fees and expenses) imposed on, incurred by or
asserted against the Issuer for any cause whatsoever pertaining to the Project, the Bonds or this
Memorandum of Agreement, or any transaction contemplated hereby; provided, however, that
the scope and amount of the liability of the Borrower under this sentence shall never exceed the
scope and amount of the Issuer's liability, costs and expenses (including attorneys' fees). T'he
provisions of this paragraph shall survive any termination of this Memorandum of Agreement.
(m) If at any time prior to the issuance and sale of the Bonds the Issuer shall
determine that the business, operations or financial condition of the Borrower is not satisfactory
or that the Borrower is not proceeding diligently with the acquisition, construction and
installation of the Project or the financing thereof as contemplated hereby the Issuer may, at its
option, terminate this Memorandum of Agreement and any allocation for the Bonds by written
notice to the Borrower. The Issuer shall be discharged of its undertakings under this
Memorandum of Agreement if the Borrower shall not provide at the closing for the issuance of
the Bonds assurances satisfactory to the Issuer that no material adverse change has occurred in
the representations of the Borrower or in the business, operations or financial condition of the
Borrower.
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(n) Except as otherwise provided in paragraph (m) of this Section, the
provisions of this Memorandum of Agreement shall be superseded by (i) any financing
agreement entered into by the Issuer and the Borrower in accordance with Sections 2(b) and 4(c)
of this Agreement and (ii) as applicable, any lease agreement, service contract or related
agreement entered into by the Issuer and the Borrower with respect to the Project, and shall,
upon the execution and delivery of such financing agreements, lease agreement, service contract
or related agreements, as applicable, terminate and be of no effect.
(o) This Memorandum of Agreement shall become effective when executed
and delivered by the Issuer and the Borrower.
IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of
Agreement as of the 9th day of November, 2010.
ST. LUCIE COUNTY, FLORIDA
By
Chairman, Board of County Commissioners
Signed this day of , 2010.
ATTEST:
Clerk of the Circuit Court, ex officio
Clerk of the Board of County
Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
By:
County Attorney
GEOPLASMA - ST. LUCIE LLC.
By.
Title:
Signed this _ day of , 2010.
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