HomeMy WebLinkAboutAgenda Packet 04.16.2019
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SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, April 16, 2019
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 3, Chair
LINDA BARTZ
District 2, Vice-Chair
SEAN MITCHELL
District No. 1
CHRIS DZADOVSKY
District No. 4
FRANNIE HUTCHINSON
District No. 5
CATHY TOWNSEND
Mission Statement
To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,
maintain a high quality of life, and protect the natural environment for all our citizens
Regular Meeting Tuesday, April 16, 2019 9:00 AM
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WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board
meeting.
INVOCATION-PLEDGE – To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS – These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a
public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9
a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior
to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time.
Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies ready for distribution.
NON-AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. General comments in
support or opposition to candidates for public office are not pertinent to the Board’s duties.
DECORUM – Please be respectful of others’ opinions.
MEETINGS – All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third
Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year
necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD
772-462-1428 at least 48 hours prior to the meeting.
Regular Meeting Tuesday, April 16, 2019 9:00 AM
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1. CALL TO ORDER
2. APPROVAL OF MINUTES
There are no items scheduled.
3. GENERAL PUBLIC COMMENT
4. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Third Amendment to Special Assessment Funding Agreement (Energy and Sustainability
Financing Program)
Staff recommends that the District adopt the Third Amendment and Resolution and
authorize the Chair to sign the amendment and resolution.
5. MOTION TO ADJOURN
ITEM NO. RES-2019-74
DATE: 04/16/2019
AGENDA REQUEST *REGULAR AGENDA\COUNTY
ATTORNEY
BACKGROUND:
On August 19, 2014, the St. Lucie County Sustainability District (“District”), Inland St. Lucie PACE, LLC
(“Inland”) and the Solar and Energy Loan Fund of St. Lucie County, Inc. (“SELF”) entered into a Special
Assessment Funding Agreement. The District entered into the Funding Agreement in order to obtain a
loan (the "Loan") in the form of a non-revolving line of credit in the not to exceed amount of
$1,000,000.00 from Inland for purposes of funding a Property Assessed Clean Energy ("PACE”) financing
program for owners of commercial property that would be repaid through voluntary special assessments.
The District issued its Taxable Special Assessment Bond Series 2014 (the “Bond”) to evidence its obligation
to repay the Loan. The Funding Agreement provided that Inland would have the exclusive right to fund all
financing agreements between the District and property owners for qualifying improvements for non-
residential and multi-family parcels through the Maturity Date.
In July 2016, the U.S. Department of Housing and Urban Development (HUD) and the Federal Housing
Administration (FHA) announced guidelines affirming that PACE financing should be treated as any other
special assessment and not as a traditional loan product thereby addressing an impediment in federal
policy to the financing of improvements for residential properties.
On October 4, 2016 the District, Inland and SELF entered into an amendment to the Funding Agreement
(“First Amendment”) in order to:
(1) Provide for refinements to the Energy Financing Program.
(2) Approve an Allonge to the Bond to extend the maturity date of the Bond and the Loan to
September 1, 2018.
(3) Provide that Qualifying Improvements may be financed for residential properties.
On August 21, 2018, the District, Inland and SELF entered into a Second Amendment and Allonge to
extend the maturity date of the Bond and the Loan to September 1, 2020.
TO: Sustainability District
PRESENTED BY: Daniel S. McIntyre, County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Third Amendment to Special Assessment Funding Agreement (Energy and
Sustainability Financing Program)
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FHA Update: An FHA loan is a residential mortgage issued by a federally qualified lending institution
(Wells Fargo, Bank of America, etc.) and insured by the Federal Housing Administration, a branch of HUD.
FHA loans are designed for low-to-moderate income borrowers who are unable to make a large down
payment or have low credit scores. According to statistics published by HUD, FHA loans accounted for
19.5% of residential purchase mortgages and 12.0% of residential refinancing mortgages in 2017.
Shortly after the advent of PACE financing, FHA expressed concerns that PACE assessments presented a
risk of loss for FHA since PACE assessments have priority payment status over mortgages. The same
concerns were expressed by the Federal National Mortgage Association (Fannie Mae) and the Federal
Home Loan Mortgage Corporation (Freddie Mac), the federal instrumentalities which purchase residential
mortgages through the secondary mortgage market. As a result of such concerns, FHA refused to insure
mortgages for residential property subject to a PACE assessment, causing an impediment to the financing
of improvements for residential property subject to an FHA mortgage.
As outlined above, FHA changed its position in 2016 and issued guidelines to lending institutions that
PACE assessments are equivalent to any other governmental assessment, and that residential property
subject to a PACE assessment was not disqualified from eligibility for an FHA purchase or refinance loan.
In December 2017, FHA reversed its 2016 decision to allow PACE assessments on residential properties,
citing renewed concerns over the potential for FHA losses. As a result, residential properties encumbered
with PACE assessments are not currently eligible for FHA mortgages.
The FHA policy reversal does not prohibit all residential PACE financing, and PACE providers throughout
Florida and elsewhere continue to offer financing for residential property. The policy change only affects
PACE eligibility for property owners who currently have an FHA mortgage or who may in the future seek
to purchase or refinance residential property with an FHA mortgage. Potential implications for PACE
borrowers are summarized as follows:
· A PACE assessment must be paid in full before a property can be purchased with an FHA mortgage,
or the PACE assessment must be rolled in to the FHA mortgage so that the PACE assessment is
retired and the FHA mortgage has senior lien status.
· Residential property with a PACE assessment may be refinanced with an FHA loan only if the PACE
assessment is paid in full (or rolled into the FHA refinance loan) in conjunction with the
refinancing.
· Under the District's PACE program, applicants for financing are generally required to obtain the
written consent of any mortgage holder prior to entering into a Financing Agreement, and
presumably those applicants whose property is currently subject to an FHA mortgage would not
receive that consent (Inland is authorized by the Funding Agreement to waive the requirement for
mortgagee consent where the PACE assessment does not exceed 20% of the just value of the
property).
The Second Amendment to the Funding Agreement only extended the term of the line of credit from
Inland through September 1, 2020. It did not further address, or prohibit, PACE financing for residential
property.
Attached is a copy of a proposed District resolution which, if adopted, would approve the Third
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Amendment to the Funding Agreement and an Allonge to the District bond to reflect the increased
principal amount and extend the maturity date to September 1, 2022. The Third Amendment would (1)
increase the line of credit to $2,000,000.00 and extend the maturity date, (2) adopt additional disclosure
and application criteria, including an ability to pay determination, and (3) allow for transfer of project
bonds by Inland to a trust or other financial entity.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the District adopt the Third Amendment and Resolution and authorize the Chair to
sign the amendment and resolution.
COMMISSION ACTION:
Coordination/Signatures
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THIRD AMENDMENT TO
SPECIAL ASSESSMENT FUNDING AGREEMENT
(ENERGY AND SUSTAINABILITY FINANCING PROGRAM)
This THIRD AMENDMENT ("Third Amendment") to the SPECIAL
ASSESSMENT FUNDING AGREEMENT (ENERGY AND SUSTAINABILITY
FINANCING PROGRAM) (the "Funding 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, INLAND ST. LUCIE PACE, LLC (the "Lender"), and the SOLAR AND
ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC., a community development
financial institution ("SELF").
W I T N E S E T H:
WHEREAS, the parties entered into the Funding Agreement to establish a non-
revolving line of credit in the principal amount of $1,000,000 (the "Loan") for purposes
of funding the District's Property Assessed Clean Energy ("PACE") financing program
(the "Energy Financing Program") pursuant to which qualified Property Owners can
finance the cost of Qualifying Improvements through voluntary special assessments
imposed by the District;
WHEREAS, capitalized terms used herein and not otherwise defined herein shall
have the meanings specified in the Funding Agreement;
WHEREAS, upon entering into the Funding Agreement, the District issued its
Taxable Special Assessment Bond, Series 2014, to evidence its obligation to repay the
Loan;
WHEREAS, each draw on the line of credit is associated with an individual
Financing Agreement between the District and a Property Owner, and each draw
constitutes a separate borrowing evidenced by a separate, sequentially numbered
revenue bond issued by the District to the Lender (each, a "Subsequent Bond"); and
WHEREAS, the parties hereto execute this Third Amendment to the Funding
Agreement in order to (1) provide for additional disclosure requirements and consumer
protection provisions for property owners applying for PACE funding, (2) increase the
line of credit to $2,000,000.00 and extend the maturity date of the Loan to September 1,
2022, and (3) provide for the transfer and assignment of Subsequent Bonds by the
Lender.
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NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
Section 2. Amendments to Funding Agreement. The Funding Agreement is
hereby amended as follows, with additional text indicated by underline and with
deleted text indicated by strikethrough:
(A) The following definitions set forth in Section 1.01 of the Funding Agreement are
amended as follows:
"Loan" means the non-revolving line of credit contemplated hereunder in the
aggregate principal amount of up to $2,000,000.00 $1,000,000 granted by the Lender to
the District pursuant to and in accordance with this Agreement.
"Maturity Date" means September 1, 2022 2018.
"Owner" or "Holder" means the Person in whose name or names a Bond issued
pursuant to Section 3.02 hereof shall be registered on the books of the District kept for
that purpose in accordance with provisions of this Agreement
"Person" means natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
(B) Section 2.04(c) of the Funding Agreement is amended as follows:
(c) Approval Criteria for Applications. The following criteria shall be
utilized in determining whether an application for financing of Qualifying
Improvements shall be approved by the Lender:
(1) All property taxes and any other assessments levied on the same bill as
property taxes for the Assessed Property are paid and have not been delinquent for the
preceding 3 years or the Property Owner’s period of ownership, whichever is less.
(2) There are no involuntary liens, including, but not limited to, construction
liens on the Assessed Property.
(3) No notices of default or other evidence of property-based debt
delinquency have been recorded during the preceding 3 years or the Property Owner’s
period of ownership, whichever is less.
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(4) The Property Owner is current on all mortgage debt on the Assessed
Property, there has been no more than one late payment on any current mortgage debt
during the six months immediately preceding the date of the application and the late
payment did not exceed thirty days past due, and no notices of default or foreclosure
due to non-payment of property taxes or mortgage loan payments within the preceding
3 years.
(5) The Qualifying Improvement(s) proposed for funding shall be affixed to a
building, facility or structure that is located upon and part of the Assessed Property and
shall constitute an improvement to the Assessed Property.
(6) Qualifying Improvements shall not be financed hereunder for buildings
or facilities under new construction or construction for which a certificate of occupancy
or similar evidence of substantial completion of new construction or improvement has
not been issued.
(7) The Property Owner shall provide proof that at least 30 days before
entering into a Financing Agreement that the Property Owner provided notice to the
holders or loan servicers of any existing mortgages encumbering or otherwise secured
by the Assessed Property a notice of the owner’s intent to enter into a Financing
Agreement together with the maximum principal amount to be financed and the
maximum annual assessment necessary to repay that amount. A verified copy or other
proof of such notice shall be provided to the District and the Lender.
(8) Written consent of the holders or loan servicers of any mortgage
encumbering or otherwise secured by the Assessed Property regarding execution of the
Financing Agreement by the Property Owner, including an acknowledgement that upon
recordation of the Financing Agreement, the entire balance of the Special Assessment
(including interest thereon) shall constitute a legal, valid and binding non-ad valorem
assessment and a resulting lien upon the Assessed Property, equal in rank and dignity
with the lien of all state, county, district and municipal taxes and superior in dignity to
all other liens, titles and claims, until paid. Notwithstanding anything herein to the
contrary, the Lender may waive this requirement provided that the total amount of the
Special Assessment does not exceed 20 percent of the just value of the Assessed Property
as determined by the St. Lucie County Property Appraiser, or the underwriting criteria
set forth in Section 163.08(12)(b), Florida Statutes, is otherwise satisfied.
(9) Qualifying Improvements may only be financed hereunder for
residential, non-residential and multi-family parcels, and parcels owned by non-profit
entities.
(10) The Assessed Property must be located in St. Lucie County, Florida.
(11) The Property Owner must have fee simple title to the Assessed Property.
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(12) Estimated costs (for energy savings measures) shall be reasonable for the
scope of the proposed project and in relation to the property value.
(13) The just value of the Assessed Property must exceed the sum of all
privately-held mortgages or encumbrances attached to the Assessed Property, if any,
and the Loan-to-Value Ratio must be less than twenty percent (20%) unless waived in
writing by the Lender.
(14) The Property Owner must not have been subject to bankruptcy
proceedings during the prior three (3) years.
(15) The Assessed Property is not the subject of a pending or imminent
eminent domain action, environmental litigation or other cause of action affecting the
value of the Assessed Property, excluding actions initiated by the Property Owner
regarding the value attributed to the Assessed Property by the Property Appraiser for
purposes of ad valorem taxation.
(16) There are no judgments against the Property Owner which could result in
a lien against the Assessed Property.
(17) Before entering into a Financing Agreement, the Program Administrator
shall reasonably determine that all property taxes and any other assessments levied on
the same bill as property taxes are paid and have not been delinquent for the preceding
3 years or the Property Owner’s period of ownership, whichever is less; that there are no
involuntary liens, including, but not limited to, construction liens on the Assessed
Property; that no notices of default or other evidence of property-based debt
delinquency have been recorded during the preceding 3 years or the Property Owner’s
period of ownership, whichever is less; and that the Property Owner is current on all
mortgage debt on the Assessed Property.
(18) The term of the Financing Agreement shall not exceed the estimated
useful life of the Qualifying Improvements contemplated thereunder.
(19) Ability to Pay Determination. Prior to submitting an application to the
Lender, the Program Administrator shall make a reasonable good faith determination
that the Property Owner has a reasonable ability to pay the annual payment obligations
for the Special Assessment. Such determination shall be made based on the Property
Owner’s current income, assets, and debt obligations as follows.
(A) Property Owner applications shall include current monthly household
income and current monthly housing expenses.
(1) Housing expenses include:
(a) All mortgage principal and interest payments
(b) Property Insurance
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(c) Property Taxes
(d) Mortgage guaranty insurance
(e) Other preexisting fees and assessments on the property
(2) Household income includes:
(a) Income of mortgagor on the Assessed Property.
(b) Income may include the income of any persons 18 years of
age or older who are on the title of the property.
(c) The determination may also utilize the income of a
Property Owner’s legal spouse through marriage or domestic partnership
who is not on title to the Assessed Property. Any spouse or domestic
partner who is not on title to the property shall consent, in writing, to the
inclusion of his or her income and to the verification of his or income.
(B) For any person whose income is considered, the Program Administrator
shall also consider their debt obligations which may be verified by the Program
Administrator through a credit report.
(C) In evaluating current income, assets and debt obligations of the Property
Owner, the Program Administrator shall not consider the equity of the Assessed
Property.
(D) The Program Administrator shall determine and consider the current or
reasonably expected income or assets of the Property Owner using reasonably reliable
third-party records of the Property Owner’s income or assets, which may include but are
not limited to:
(1) A pay stub showing the most recent 30-day pay period or
financial institution records showing regular deposits consistent with
reported income for the most recent 60 days.
(2) Copies of the most recent tax returns the Property Owner filed
with the Internal Revenue Service.
(3) Copies of the most recent Internal Revenue Service Form W-2
(Wage and Tax Statement), or other similar Internal Revenue Service forms
that are used for reporting wages or tax withholding.
(4) Payroll statements, including the Department of Defense Leave
and Earnings Statement (LES).
(5) Financial institution records, such as bank statements or
investment account statements reflecting the value of particular assets.
(6) Records from the Property Owner’s employer or a third party that
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obtained income information from the employer.
(7) Records from a federal, state, or local government agency stating
the Property Owner’s income from benefits or entitlements. Income from
benefits paid by a government entity shall not include any benefits for which
the recipient must satisfy a means test or any cash equivalent nonmonetary
benefits, such as food stamps.
(E) Income may not be derived from:
(1) Temporary sources of income.
(2) Nonliquid assets.
(3) Proceeds derived from the equity from the Assessed Property.
(F) Monthly debt obligations that shall be considered by the Program
Administrator include, but are not limited to:
(1) All secured and unsecured debt.
(2) Alimony.
(3) Child support.
(4) Monthly housing expenses. If property tax and insurance
obligations are not included in a Property Owner’s escrow, the Program
Administrator shall use reasonably reliable methods to determine these
obligations.
(G) In calculating the ability of the Property Owner to pay the annual
payment obligations, the Program Administrator shall determine that the Property
Owner’s income is sufficient to meet:
(1) Payment of the Special Assessment, including all interest and fees.
(2) Any mortgage payments, as defined by the higher of the Property
Owner’s self-reported housing payment or housing expenses.
(3) All existing debts and obligations.
(4) Sufficient residual income to meet basic household living
expenses, defined as expected expenses which may be variable based on
circumstances and consumption patterns of the household. The Program
Administrator may make reasonable estimation of basic living expenses based on the
number of persons in the household. Examples of basic living expenses include, but
are not limited to, the following:
(a) Food and other necessary household consumables.
(b) Transportation costs to work or school, including fuel
costs, auto insurance and maintenance costs, and public transit costs.
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(c) Utilities expenses for telecommunication, water, sewage,
electricity, and gas.
(H) In the event the Program Administrator is unable to make a reasonable
good faith determination that the Property Owner has a reasonable ability to pay the
annual payment obligations for the Special Assessment, then the application submitted
by such Property Owner shall be denied.
(C) Section 3.01 of the Funding Agreement is amended as follows:
Section 3.01. The Line of Credit; Purpose and Use. On the date of this
Agreement, the Lender shall make available to the District the Loan in the aggregate
principal amount of up to Two One Million Dollars ($2,000,000.00 $1,000,000). The
proceeds of Advances made as part of the Loan from time to time shall be used solely to
fund Program Costs financed pursuant to Financing Agreements.
From the date hereof until the Maturity Date, or such future date to which the
Maturity Date of the Loan may be extended (any such extension to be at the Lender’s
sole discretion and evidenced by a writing executed by the Lender), subject to the terms
and conditions of this Agreement, and so long as there exists no Event of Default as
defined in Section 5.01 hereof, the Lender agrees to extend to the District a non-
revolving line of credit in an amount not to exceed Two One Million Dollars
($2,000,000.00 $1,000,000) for purposes of financing Program Costs financed pursuant to
Financing Agreements. In no event shall the aggregate sum of all principal advances
made by the Lender to the District hereunder exceed the sum of $2,000,000.00 $1,000,000
unless approved in advance by the Lender.
(D) Section 3.02(b) of the Funding Agreement is hereby amended as follows:
(b) Amount of Loan. The Loan shall have a maximum principal amount of
up to Two One Million Dollars ($2,000,000.00 $1,000,000).
(E) Section 3.04(a) of the Funding Agreement is hereby amended as follows:
(a) Conditions Precedent to All Advances. The Lender shall approve all
applications for financing of Qualifying Improvements and all Financing Agreements
prior to funding an Advance. In addition, there shall be filed with Lender the following,
each in form and substance reasonably acceptable to the Lender, prior to funding an
Advance.
(xi) For any Financing Agreement related to Qualifying Improvements for
residential property, a disclosure form signed by the Property Owner which includes, at
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a minimum, the information contained in Appendix A of the Third Amendment to the
Funding Agreement. The disclosure form may contain other such information as may
be mutually agreed upon by the District, the Program Administrator and the Lender,
and shall contain any other information which is required by state or federal laws and
regulations.
(F) Section 6.12 of the Funding Agreement is hereby added as follows:
Section 6.12. Registration and Exchange of Bonds; Persons Treated As
Owner. Bonds issued pursuant to Section 3.2 hereof shall be initially registered to the
Lender. So long as any such Bond shall remain unpaid, the District will keep books for
the registration and transfer of the Bonds. The Bonds shall be transferable in whole and
only upon such registration books and only in accordance with the limitations contained
in the Bond.
The Person in whose name the Bond shall be registered shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of principal and
interest on the Bond shall be made only to or upon the written order of the Owner. All
such payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid.
Section 3. Transfer of Subsequent Bonds. Bonds issued pursuant to Section
3.2 of the Funding Agreement on or before the effective date of this Third Amendment
to the Funding Agreement may be transferred by appending an assignment to the Bond
in substantially the form included in the form of Bond attached hereto as Appendix B.
A single assignment may effectuate transfer of one or more Bonds.
Section 4. Form of Bonds. Bonds issued pursuant to Section 3.2 of the
Funding Agreement after the effective date of this Third Amendment shall be in
substantially the form attached hereto as Appendix B.
[Remainder of Page Intentionally Left Blank]
4.A.1.a
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Section 5. Effective Date. This Third Amendment to the Funding Agreement
shall be effective as of ___________, 2019.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment
to the Funding Agreement to be duly executed as of the date first set forth herein.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
(SEAL)
By:
Chair
ATTEST: Approved as to Form:
Deputy Clerk County Attorney
SOLAR AND ENERGY LOAN FUND OF
ST. LUCIE COUNTY, INC.
By:
Name: Doug Coward
Title: Executive Director
INLAND ST. LUCIE PACE, LLC
By:
Name: Mark Pikus
Title: Vice President
4.A.1.a
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A-1
APPENDIX A
RESIDENTIAL DISCLOSURE FORM
A PACE FINANCING CONTRACT WILL RESULT IN A SPECIAL ASSESSMENT AGAINST YOUR
PROPERTY WHICH WILL BE COLLECTED IN ANNUAL INSTALLMENTS ALONG WITH YOUR
PROPERTY TAXES AND WILL RESULT IN A LIEN ON YOUR PROPERTY.
BEFORE COMPLETING A PACE PROGRAM APPLICATION, YOU SHOULD CAREFULLY REVIEW ANY
MORTGAGE AGREEMENT(S) OR OTHER SECURITY INSTRUMENT(S) THAT AFFECT THE PROPERTY OR
TO WHICH YOU AS THE PROPERTY OWNER ARE A PARTY.
ENTERING INTO A PACE ASSESSMENT CONTRACT WITHOUT THE CONSENT OF YOUR EXISTING
LENDER(S) COULD CONSTITUTE AN EVENT OF DEFAULT UNDER SUCH AGREEMENTS OR SECURITY
INSTRUMENTS.
DEFAULTING UNDER AN EXISTING MORTGAGE AGREEMENT OR SECURITY INSTRUMENT COULD
HAVE SERIOUS CONSEQUENCES TO YOU, WHICH COULD INCLUDE THE ACCELERATION OF THE
REPAYMENT OBLIGATIONS DUE UNDER SUCH AGREEMENT OR SECURITY INSTRUMENT.
IN ADDITION, FANNIE MAE AND FREDDIE MAC, THE OWNER OF A SIGNIFICANT PORTION OF ALL
HOME MORTGAGES, HAVE STATED THAT THEY WILL NOT PURCHASE HOME LOANS WITH
ASSESSMENTS SUCH AS ST. LUCIE COUNTY’S PROPERTY-ASSESSED CLEAN ENERGY (PACE)
PROGRAM. THIS MAY MEAN THAT PROPERTY OWNERS WHO SELL OR REFINANCE THEIR
PROPERTY MAY BE REQUIRED TO PAY THE REMAINING BALANCE OF THE PACE ASSESSMENT IN
FULL, INCLUDING ANY ASSOCIATED EARLY PAYMENT PENALTIES, AT THE TIME THEY CLOSE
THEIR SALE OR REFINANCING.
IF YOU PAY YOUR PROPERTY TAXES THROUGH YOUR MORTGAGE PAYMENT USING AN ESCROW
ACCOUNT, YOU SHOULD NOTIFY YOUR MORTGAGE LENDER SO THAT YOUR MONTHLY
MORTGAGE PAYMENT CAN BE ADJUSTED BY YOUR MORTGAGE LENDER TO COVER YOUR
INCREASED PROPERTY TAX BILL.
FAILURE TO PAY YOUR ANNUAL PROPERTY TAX BILL, INCLUDING THE PACE ASSESSMENT
INCLUDED ON THE PROPERTY TAX BILL, WILL CAUSE A TAX CERTIFICATE TO BE ISSUED AGAINST
THE PROPERTY WHICH MAY RESULT IN LOSS OF TITLE.
By signing and dating below, I acknowledge and agree that I have read this Residential Disclosure Form and
understand its meaning and content.
Signature of Property Owner: _________________________
Name of Property Owner: _________________________
Address of Property: _________________________
Date of Signing: _________________________
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B-1
APPENDIX B
Exhibit C of the Funding Agreement is replaced and superseded as follows:
FORM OF BOND
STATE OF FLORIDA
ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
TAXABLE SPECIAL ASSESSMENT BOND,
SERIES 20____-A___
Interest Rate Maturity Date Date of Original Issuance
_____% ___________ ___________
Owner: INLAND ST. LUCIE PACE, LLC
Principal Amount: $ ____________________
KNOW ALL PERSONS BY THESE PRESENTS that the St. Lucie County Sustainability
District (the "Issuer"), for value received, hereby promises to pay from the sources hereinafter
provided, to the order of Inland St. Lucie PACE, LLC or registered assigns (the "Owner"), the
principal sum of $_______ on the dates as hereinafter described, together with interest on the
principal balance at the Interest Rate described above, calculated on the basis of a 360-day year
consisting of twelve 30-day periods; provided that such Interest Rate shall in no event exceed
the maximum interest rate permitted by applicable law. This Bond shall have a final maturity
date of ____________. Capitalized terms used in this Bond and not otherwise defined shall have
the meanings set forth in the Special Assessment Funding Agreement (Energy and
Sustainability Financing Program) dated August 19, 2014 (the "Funding Agreement") by and
between the Issuer, Inland St. Lucie Pace, LLC and the Solar And Energy Loan Fund of St. Lucie
County, Inc. (the "Program Administrator").
Principal of and interest on this Bond is payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer in writing.
Interest shall be payable to the Owner on each May 1, commencing on May 1, _____ or
as provided in the Funding Agreement.
Principal on this Bond shall be payable on May 1 of the following years and in the
following amounts:
(INSERT BOND PAYMENT SCHEDULE)
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B-2
A final payment in the amount of the entire unpaid principal balance, together with all
accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date.
If any date for the payment of principal and interest hereon shall fall on a day which is
not a Business Day (as defined in the Funding Agreement) the payment due on such date shall
be due on the next succeeding day which is a Business Day, but the Issuer shall not receive
credit for the payment until it is actually received by the Owner.
This Bond is payable solely from and secured by a pledge of the Special Assessments
imposed by the District pursuant to the certain Financing Agreement No. ____________, dated
___________________, between the District and ________________ (the "Pledged Revenues"), in
the manner and to the extent provided in the Funding Agreement.
THIS BOND IS A LIMITED OBLIGATION OF THE ISSUER PAYABLE SOLELY OUT
OF THE PLEDGED REVENUES PLEDGED THEREFOR UNDER THE FUNDING
AGREEMENT AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT, NOR THE
TAXING POWER OF THE ISSUER, ST. LUCIE COUNTY, FLORIDA, THE STATE OF
FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR
THE PAYMENT OF THE BOND, EXCEPT THAT THE ISSUER IS OBLIGATED UNDER THE
FUNDING AGREEMENT TO LEVY AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE
CERTIFIED, FOR COLLECTION, SPECIAL ASSESSMENTS (AS DEFINED IN THE FUNDING
AGREEMENT) TO SECURE AND PAY THE BOND. THE BOND DOES NOT CONSTITUTE
AN INDEBTEDNESS OF THE ISSUER, ST. LUCIE COUNTY, FLORIDA, THE STATE OF
FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Funding Agreement until it shall have been authenticated by
execution of the Program Administrator, or such other authenticating agent as may be
appointed by the Issuer, of the certificate of authentication endorsed hereon.
This Bond is an authorized issue of the St. Lucie County Sustainability District, a
dependent special district established by St. Lucie County, Florida (the "County"). The Bond is
being issued under authority of the laws and Constitution of the State of Florida, including
particularly Section 163.08, Florida Statutes (the "Supplemental Act") and County Ordinance
No. 10-025, to pay the Program Costs associated with Qualifying Improvements funded
through Financing Agreements. The Bond is issued under and secured by the Funding
Agreement.
Reference is hereby made to the Funding Agreement for the provisions, among others,
with respect to the application of the proceeds Advances made under the Funding Agreement,
the operation and application of the funds and accounts charged with and pledged to the
payment of the principal of and the interest on the Bond, the levy and the evidencing and
certifying for collection, of Special Assessments, the nature and extent of the security for the
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B-3
Bond, the terms and conditions on which the Bond is issued, the rights, duties and obligations
of the Issuer and of the Program Administrator under the Funding Agreement, the conditions
under which such Funding Agreement may be amended, and as to the rights and remedies of
the Owner.
The Owner of this Bond shall have no right to enforce the provisions of the Funding
Agreement or to institute action to enforce the covenants therein, or to take any action with
respect to any event of default under the Funding Agreement or to institute, appear in or
defend any suit or other proceeding with respect thereto, except as provided in the Funding
Agreement.
It is expressly agreed by the owner of this Bond that such owner shall never have the
right to require or compel the exercise of the ad valorem taxing power of the Issuer, the County,
the State of Florida or any political subdivision thereof, or taxation in any form of any real or
personal property of the Issuer, the County, the State of Florida or any political subdivision
thereof, for the payment of the principal of, premium, if any, and interest on this Bond or the
making of any other payments provided for in the Funding Agreement, except for Special
Assessments to be assessed and levied by the Issuer as set forth in the Funding Agreement.
By the acceptance of this Bond, the owner hereof assents to all the provisions of the
Funding Agreement.
This Bond is payable from and secured by Pledged Revenues, as such term is defined in
the Funding Agreement, all in the manner provided in the Funding Agreement. The Funding
Agreement provides for the levy and the evidencing and certifying, of non-ad valorem
assessments in the form of Special Assessments imposed pursuant to Financing Agreements to
secure and pay the Bonds.
This Bond is subject to prepayment prior to its maturity, in whole, on any date;
provided, however, that the prepayment amount shall include all outstanding principal and
interest accrued thereon together with a prepayment penalty of 5% of the outstanding principal
balance.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have
happened and have been performed in regular and due form and time as required by the laws
and Constitution of the State of Florida applicable thereto, including particularly the Act, and
that the issuance of this Bond is in full compliance with all constitutional and statutory
limitations or provisions.
This Bond may be exchanged or transferred in whole by the Owner hereof but only
upon the registration books maintained by the Issuer and in the manner provided in the
Funding Agreement. Notwithstanding anything herein or in the Funding Agreement to the
contrary, this Bond may only be transferred to affiliates of the then-current holder or to banks,
insurance companies or other financial institutions and their affiliates (including participation
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B-4
arrangements with such entities), provided each of which executes a Purchaser's Certificate in
substantially the form attached to the Funding Agreement.
IN WITNESS WHEREOF, the St. Lucie County Sustainability District has issued this
Bond and has caused the same to be executed by its Chair, either manually or with her/his
facsimile signature, and the corporate seal of said District or a facsimile thereof to be affixed
hereto or imprinted or reproduced hereon and attested by the manual or facsimile signature of
the Clerk, all as of the Date of Issue above.
APPROVED AS TO FORM AND CORRECTNESS:
By:__________________________________
County Attorney
(SEAL) ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair, Sustainability District
ATTEST:
By:
Deputy Clerk
4.A.1.a
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B-5
CERTIFICATE OF AUTHENTICATION
This Bond is delivered pursuant to the within mentioned Funding Agreement.
Date of Authentication: __________________
By:
Deputy Clerk
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B-6
STATEMENT OF VALIDATION
This Bond is one of a series of debt obligations which were validated by judgment of the
Circuit Court of the Nineteenth Judicial Circuit of Florida, in and for St. Lucie County, Florida,
issued on the 30th day of November, 2010.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair, Sustainability District
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B-7
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
[Insert Name, Address, Social Security or Other Identifying Number of Assignee]
the following Bond(s): [list Bond(s) including series designation], and does hereby irrevocably
constitute and appoint ________________________________ as attorneys to register the transfer
of the said Bond on the books kept for registration thereof with full power of substitution in the
premises.
Dated: _________________________
Signature Guaranteed:
_
NOTICE: Signature(s) must be NOTICE: The signature to this assignment
guaranteed by a member firm of the must correspond with the name of the
New York Stock Exchange or a Registered Holder as it appears upon the
commercial bank or trust company. face of the referenced Bond in every particular,
without alteration or enlargement or any
change whatever and the Social Security
or other identifying number of such
assignee must be supplied.
4.A.1.a
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1
RESOLUTION NO. 2019-_____
A RESOLUTION OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT APPROVING A THIRD
AMENDMENT TO THE FUNDING AGREEMENT
BETWEEN THE DISTRICT, THE SOLAR AND ENERGY
LOAN FUND OF ST. LUCIE COUNTY, INC. AND
INLAND ST. LUCIE PACE, LLC IN ORDER TO INCREASE
THE PRINCIPAL AMOUNT AND EXTEND THE
MATURITY DATE OF THE LINE OF CREDIT
CONTEMPLATED BY THE FUNDING AGREEMENT, TO
IMPLEMENT ADDITIONAL DISCLOSURE
REQUIREMENTS AND CONSUMER PROTECTION
PROVISIONS FOR PROPERTY OWNERS APPLYING
FOR PACE FUNDING THEREUNDER, AND TO
PROVIDE FOR THE TRANSFER OF CERTAIN BONDS
ISSUED BY THE DISTRICT PURSUANT TO THE
FUNDING AGREEMENT; APPROVING AN ALLONGE
TO THE DISTRICT'S TAXABLE SPECIAL ASSESSMENT
BOND, SERIES 2014, TO REFLECT THE INCREASED
PRINCIPAL AMOUNT OF THE LINE OF CREDIT AND
EXTENSION OF THE MATURITY DATE;
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.
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SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined
herein shall have the meanings set forth in the Ordinance, County Resolution No. 10-259,
District Resolution No. 14-107, and the Special Assessment Funding Agreement (Energy
and Sustainability Financing Program) by and between the District, Inland St. Lucie
PACE, LLC (the "Lender"), and the Solar and Energy Loan Fund of St. Lucie County, Inc.
("SELF") dated as of August 19, 2014 (as amended, the "Funding Agreement").
SECTION 3. FINDINGS. It is hereby ascertained, determined and
declared as follows:
(A) The District entered into the Funding Agreement to obtain a non-revolving
line of credit from the Lender in the principal amount of $1,000,000 (the "Loan") for
purposes of funding a Property Assessed Clean Energy ("PACE") financing program (the
"Energy Financing Program") pursuant to which qualified Property Owners can finance
the cost of Qualifying Improvements through voluntary special assessments imposed by
the District.
(B) Upon entering into the Funding Agreement, the District issued its Taxable
Special Assessment Bond, Series 2014, to evidence its obligation to repay the Loan (the
"District Bond").
(C) Each draw on the line of credit is associated with an individual Financing
Agreement between the District and a Property Owner, and each draw constitutes a
separate borrowing evidenced by a separate, sequentially numbered revenue bond
issued by the District to the Lender (each, a "Subsequent Bond").
(D) As of the date hereof, essentially all of the funds available under the line of
credit have been drawn to finance Qualifying Improvements.
(E) The District has considered various disclosure requirements and consumer
protection provisions recently adopted by other jurisdictions which administer PACE
programs, including qualification criteria based on the applicant's ability to pay the
PACE assessment over time, and wishes to implement similar provisions for the Energy
Financing Program.
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(F) The District, the Lender and SELF wish to enter into an amendment to the
Funding Agreement (the "Third Amendment to Funding Agreement") in order to (i)
provide for additional disclosure requirements and consumer protection provisions for
Property Owners applying for PACE funding, (ii) increase the line of credit to
$2,000,000.00 and extend the maturity date of the Loan to September 1, 2022, and (iii)
provide for the transfer and assignment of Subsequent Bonds by the Lender.
SECTION 4. APPROVAL OF SECOND AMENDMENT TO FUNDING
AGREEMENT AND ALLONGE NO. 2.
(A) The District hereby approves the Third Amendment to Funding Agreement
in substantially the form attached hereto as Appendix 1.
(B) The District hereby approves an allonge to the District Bond to effectuate
the increase in the line of credit and extension of the maturity date contemplated
hereunder, in substantially the form attached hereto as Appendix 2 ("Allonge No. 3").
(C) The District hereby authorizes the Chair to execute and deliver, and the
Clerk of the District (the "Clerk") to attest, on behalf of the District, the Third Amendment
to Funding Agreement and Allonge No. 3 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.
(D) The Chair, the 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, the Third
Amendment to Funding Agreement and Allonge No. 3.
[Remainder of Page Intentionally Left Blank]
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SECTION 5. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
Passed and adopted by the St. Lucie County Sustainability District at a regular
meeting duly called this ___ day of __________, 2019.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair
ATTEST: Approved as to Form:
Deputy Clerk County Attorney
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APPENDIX 1
FORM OF
THIRD AMENDMENT TO FUNDING AGREEMENT
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APPENDIX 2
FORM OF
ALLONGE NO. 3 TO
ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
TAXABLE SPECIAL ASSESSMENT BOND, SERIES 2014
This Allonge No. 3, dated as of __________, 2019, is to be attached to and made a
part of the St. Lucie County Sustainability District Taxable Special Assessment Bond,
Series 2014 dated August 19, 2014 (the "Bond"). The Bond is held by Inland St. Lucie
PACE, LLC (the "Owner").
Effective as of the date hereof, the maximum aggregate principal amount of the
Bond shall be $2,000,000.00 and the maturity date of the Bond shall be September 1, 2022.
(SEAL) ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair, Board of Commissioners
ATTEST:
By:
Clerk of the Circuit Court, ex-officio
Secretary/Treasurer of the Board of Commissioners
The Owner, as the registered owner of the Bond, hereby understands,
acknowledges and consents to the foregoing.
Date: __________, 2019 INLAND ST. LUCIE PACE, LLC
By:
Name:
Title: Senior Vice President
This Allonge No. 3 shall be appended to and shall modify and amend and become
a part of the Bond.
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