HomeMy WebLinkAbout19-123RESOLUTION NO. 2019-123
A RESOLUTION OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT APPROVING A FIRST
AMENDMENT TO THE ADMINISTRATION AGREEMENT
BETWEEN THE DISTRICT AND THE SOLAR AND ENERGY
LOAN FUND OF ST. LUCIE COUNTY, INC. IN ORDER TO
AMEND THE EFFECTIVE DATE OF THE ADMINISTRATION
AGREEMENT, AUTHORIZING THE CHAIR AND OTHER
DISTRICT OFFICIALS TO TAKE SUCH ACTIONS AND
EXECUTE SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECTUATE THE PURPOSES HEREOF;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE GOVERNING BOARD OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution of the St. Lucie County
Sustainability District (the 'District") is adopted pursuant to the provisions of Chapter 1-19 of the
Code of Ordinances (the "Ordinance") of St. Lucie County, Florida (the "County"), Chapter 189,
Florida Statutes, Section 163.08, Florida Statutes, County Resolution No. 10-259, and other
applicable provisions of law (collectively, the "Act").
SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined
herein shall have the meanings set forth in the Ordinance, County Resolution No. 10-259, and the
Administration Agreement by and between the District and the Solar and Energy Loan Fund of
St. Lucie County, Inc. ("SELF") dated as of July 3, 2012 (the "Administration Agreement").
SECTION 3. FINDINGS. It is hereby ascertained, determined and
declared as follows:
(A) The District entered into the Administration Agreement in in order to effectuate
the policy direction set forth in the Resolution and to establish the terms and conditions governing
administration of the Program.
(B) The District and SELF wish to enter into an amendment to the Administration
Agreement (the "First Amendment to Administration Agreement") in order to revise the effective
date of the agreement.
SECTION 4. APPROVAL OF FIRST AMENDMENT TO ADMINISTRATION
AGREEMENT. The District hereby approves the First Amendment to Administration
Agreement in the form attached hereto as Appendix A, and authorizes the Chair to execute and
deliver, and the Clerk of the District (the "Clerk") to attest, on behalf of the District, the First
Amendment to Administration Agreement with such changes, insertions, and additions as the
Chair may approve after consultation with the County Attorney, the Chair's execution thereof
being evidence of such approval and by this reference made a part hereof with such changes as
may be approved by the County Administrator and approved as to legal form and sufficiency by
the County Attorney. The Chair, Clerk and other District officials are further authorized to take
such other actions and execute and deliver any other documents which may be necessary or
desirable to effectuate the purposes of this Resolution and the First Amendment to
Administration Agreement.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
Passed and /adopted b the St. Lucie County Sustainability District at a regular meeting
duly called this d'( day of 2019.
ATTEST:
Deputy
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By: c/
Chair
Annrnved as tn Firm_
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APPENDIX A
FORM OF
FIRST AMENDMENT TO ADMINISTRATION AGREEMENT
FIRST AMENDMENT TO
ADMINISTRATION AGREEMENT
This FIRST AMENDMENT ("First Amendment") to the ADMINISTRATION
AGREEMENT (the "Administration Agreement") is made and entered into this day of
2019 by and between the ST. LUCIE COUNTY SUSTAINABILITY DISTRICT (the
"District"), a dependent special district of St. Lucie County, Florida, and the SOLAR AND
ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC., a community development financial
institution ("SELF").
WITNESETH:
WHEREAS, capitalized terms used herein and not otherwise defined shall have the
meanings specified in the Administration Agreement; and
WHEREAS, the Administration Agreement effectuates the policy direction set forth in
Resolution 10-259 and establishes the terms and conditions governing administration of the
Program; and
WHEREAS, the parties hereto execute this First Amendment to the Administration
Agreement in order to implement mutually agreed-upon modifications to the effective date of
the agreement.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Recitals_ Incor ?ot rated. The above recitals are true and correct and
incorporated herein.
Section 2. Amendments to Administration Agreement. The Administration
Agreement is hereby amended as follows, with additional text indicated by underline and with
deleted text by striket4r-eug :
(A) Section 36 of the Administration Agreement is amended as follows:
(A) This Agreement shall be effective as of July 1, 2012.
(B) The term of this Agreement shall be from July 1, 2012, through June 30,
2 U Sed tember 1, 2022.
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(C) The Parties expect that the Program will continue beyond the expiration
date set forth in paragraph (B) above. Unless either Party delivers a written notice of
nonrenewal to the other Party on or before the date that is 60 days prior to the then -
effective expiration date, this Agreement shall be deemed renewed for an additional two
years.
Section 3. Effective Date. This First Amendment shall be effective as of the date first
above written.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Administration Agreement to be duly executed as of the date first set forth herein.
(SEAL)
ATTEST:
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair
Approved as to Form:
Deputy Clerk County Attorney
SOLAR AND ENERGY LOAN FUND OF
ST. LUCIE COUNTY, INC.
0
Name: Doug Coward
Title: Executive Director
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