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HomeMy WebLinkAbout23-053RESOLUTION NO.23-053 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING REDEMPTION AND PREPAYMENT IN FULL OF THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2007A (INDIAN RIVER ESTATES MSBU); AUTHORIZING AND DIRECTING COUNTY STAFF AND OFFICIALS TO TAKE ACTION IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to Resolution No. 94-196, adopted on September 20, 1994, as amended and supplemented from time to time and particularly as amended by Resolution No. 95-183, adopted on September 5, 1995, as supplemented by Resolution No. 02-309 adopted on December 10, 2002, and Resolution 06-321 adopted on October 17, 2006 (collectively, the "Resolution"). Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Resolution or that certain Term Loan Agreement dated February 28, 2007 (the "Loan Agreement") entered into between St. Lucie County, Florida (the "County") and Wachovia/Wells Fargo (the "Bank"). Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) The County and the Bank entered into the Loan Agreement in order to provide financing for the Indian River Estates MSBU Project. (B) The County's obligation to repay the indebtedness arising under the Loan Agreement is evidenced by its St. Lucie County, Florida Special Assessment Improvement Bond, Series 2007A (Indian River Estates MSBU) issued on February 28, 2007, in the original principal amount of $11,800,000 (the "2007A Bond"). (C) The 2007A Bond is secured by special assessments levied upon real property specially benefited by Indian River Estates MSBU Project (the "Indian River Estates MSBU Assessments"). (D) The 2007A Bond provides that it is subject to prepayment prior to its date of maturity at the option of the County at any time without penalty. (F) The County wishes to redeem the Series 2007A Bond by prepaying the outstanding principal balance thereof in full at this time, together with any interest accrued thereupon. Section 4. Redemption of 2007A Bond. County staff and officials are hereby authorized and directed to redeem the 2007A Bond by prepaying the outstanding principal balance of the 2007A Bond in full,together with any interest accrued thereupon,on February 28,2023. The not to exceed redemption amount of$3,360,000 was provided by the Bank as the registered owner of the 2007A Bond and is hereby approved. The redemption shall be made from prepayments of the Indian River Estates MSBU Assessments, funds available in the construction or project fund established for the Indian River Estates MSBU Project, or other legally available funds of the County. Section 5. Effectiveness of 2007A Bond. Upon receipt of the prepayment contemplated hereunder by the Bank, the Loan evidenced by the 2007A Bond shall be deemed repaid and the 2007A Bond shall be deemed redeemed and no longer outstanding. [Remainder of page intentionally left blank] 2 Section 6. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 21st day of February, 2023, at a regular meeting duly called and held. ST. LUCIE COUNTY,FLORIDA (SEAL) 1 , , By: _! '_ LIA. -. ...i. 11_4 A Ai. Chair,Boar: of County Commissi f -rs A 1-1'hST: By: .a . !‘.u.. O r.. dt Clerk of the Circuit Court, -* 'F•_. • •\ C Clerk of the Board ` 4, -} ti 0 ,,,,: . 00UHT1;rt.00 ' APPROVED AS TO FORM AND CORRECTNESS: County Attorney 3