HomeMy WebLinkAbout03-116 RESOLUTION
Number ~)~[ ]6
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 PUR?OSE OF AUTHORIZiNG THE FLORIDA
DEVELOPMENT FiNANCE CORPORATION TO EXERCISE
ITS POWER AND AUTHORITY WITHIN THE
JURISDICTONAL LIMITS OF ST. LUCIE COUNTY FOR
PURPOSES OF FINANCiNG THE 2003B PROJECT AS
DESCRIBED HEREIN, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursu~,nt 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, Flori:la 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
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WHEREAS, Orange County and the FDFC have heretofore entered into that certain
Interlocal Agreement, dated as of April 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, anti 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 t~e 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, THEREFO~R~E, BE IT RESOLVED BY THE COUNTY COMMISSION OF
ST. LUCIE COUNTY:
Section 1. Findings and Declaration of Necessity. The County Commission
finds and declares that:
a. There is a need to enhance economic activity in the cities and counties of
the State by attracting manafacturing, development, business enterprise management, and other
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activities conducive to ecoromic 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 lo:ate 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 9usinesses 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 ~n the public interest to facilitate the financing of such projects as
provided for in the Act ~nd to do so without regard to the boundaries between counties,
municipalities, special distr,cts, 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 or:ter 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
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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 necessar5 and in the public interest to facilitate the cooperation and action
between organizations, pub ic and private, in the promotion, development, and conduct of all
kinds of business activity in the State.
Section 2. The County Commission of St. Lncie 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 Atlantic Truss Company
LP, which facility will be located at East Side of Kings Highway, approximately IA mile south of
St. Lucie blvd., Ft. Pierce, Florida (the "2003B 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 fu'l 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 2003B 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.
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Section 4. St. Lucie County shall not be liable or responsible for any of the
indebtedness, liabilities, ccsts, 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 se:ured by a pledge of payments made by the FDFC and other funds
provided therefor.
Section 6. That _his resolution shall take effect immediately upon its adoption.
DULY ADOPTED in regular session, this ~/P/41 day of -~, 2003.
APPROVED AS TO FORM
AND~~Y:
THE COUNTY COMMISSION OF
LUCIE COUNT. Y, FLORIDA
ST.
Chair,~nty Commission
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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 April t2, 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 corporat: 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 manufacluring facility for Atlantic Trusss Company L.P., which facility will
be located at East Side of Kings Highway, approximately ¼ mile south of St. Lucie Blvd., Ft.
Pierce, Florida (the "2003B Project");
NOW, THEREFOT/E, St. Lucie County hereby joins in the Interlocal Agreement, but
only with respect to the financing of the 2003B Project, and agrees to be bound by all the terms
and provisions thereof, but only with respect to thc financing of the 2003A 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 Limited Joinder to
Interlocal Agreement to be executed for the uses and purposes therein expressed on this ~
day of Mmc~n, 2003. ·~' ,,
APPROVED AS TO FORM
AND~~TY:
BOARD OF COUNTY
ST. LUCIE COUNTY
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STATE OF FLORIDA
COUNTY OF ST. LUCIE
BEFORE ME, the undersigned authority, personally appeared (..ff//f/~r/q~' 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.
WITNESS my hand and seal of my office, at ~,~)c~c~c~, St. Lucie County, Florida,
this ~ day of ~ , 2003.
Not~y Pubhc, State at L~g~ , ~ ~, ~
Mycomm~ss~onexp~res: ~ :ff~3~ $~ ~.
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