HomeMy WebLinkAbout03-114RESOLUTION
Number O,.~-~lq
A RESOLUTION OF THE COUNTY COMMISSION OF ST.
LUCIE COSNTY, 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 2003A 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 Florica 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 (".Drange County"), a county of the State of Florida, which county was t.~ c:, r---
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 mBm :=
Orange County, Florida; ar.d
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 lnterlocal Cooperation Act of 1969, as amended r-
(the "Interlocal Act"); and m
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WHEREAS, Orange County and the FDFC have heretofore entered into that certain
Interlocal Agreement, dater_ as of April 12, 1994 (the "lnterlocal 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 (t~ the extent that the exercise of such powers is consistent with the
purposes of the Act) withir 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 otter to grant the FDFC full right, power and authority to exercise any
and all powers set forth in :he 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. Findings and Declaration of Necessitv. The County Commission
finds and declares that:
a. There is a need to e~thance economic activity in the cities and counties of
the State by attracting manufacturing, development, business enterprise management, and other
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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 lccate in the cities and counties of the State, encounter difficulty in
obtaining financing or are tmable to obtain financing at all.
c. The :tifficulty 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 :ities 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 inhabitarts, 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 md 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
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encourage and assist new basiness 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 crente 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 ir 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 ddiver a Limited Joinder to the Interlocal Agreement solely for the
purpose of authorizing FEFC to finance a manufacturing facility for Twin Vee PowerCATS,
Inc., which facility will be ocated at 3101 South Federal Highway, Ft. Pierce, Florida 34950 (the
"2003A 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 suc ~ 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 2003A 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 ~vaived, 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, cc sts, 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.
DULY ADOPTED in regular session, this ~?/~ day of ~'~, 2003.
[ATTEST:
APPROVED AS TO FORM
AND~~Y:
THE COUNTY COMMISSION OF
ST. LUCIE COUNTY, FLORIDA
BY'chair, Co~on
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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 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) ma7 enter into an Interlocal Agreement in order to pern~it 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 manufac:uring facility for Twin Vee PowerCATS, Inc., which facility will be
located at 3101 South Fede-al Highway, Ft. Pierce, Florida 34950 (the "2003A Project");
NOW, THEREFORE, St. Lucie County hereby joins in the Interlocal Agreement, but
only with respect to the financing of the 2003A Project, and agrees to be bound by all the terms
and provisions thereof, bm only with respect to the financing of the 2003A Project. St. Lucie
County further agrees to frle 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 W-tEREOF, 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~2003.
[ATTEST:
APPROVED AS TO FORM
BOARD OF COUNTY COMMISSION/ERS OF
ST. LUCIE COUNTY ;,. ........
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STATE OF FLORIDA
COUNTY OF ST. LUCIE
]~EFOaE ME, the undersigned authority, personally appeared .t/)//~/'/~/Zq¢, Chair,
St. Lucie County, County Commission, to me personally ~own, and acknowledged before me
that he is the person w~ signed the above and foregoing Limited Joinder to Interlocal
Agreement for the uses and pu~oses therein contained.
_ WITNESS my hand ~d seal of my office, at ~.~, St. Lucie County, Florida,
this b~day of ~ ,2003.
Not~y Public, State m L~ge
My commission expires:
~ ~ ... .... ¢..
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