HomeMy WebLinkAboutAgenda Packet 05.21.2019SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, May 21, 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 No. 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
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Regular Meeting Tuesday, May 21, 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.
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Regular Meeting Tuesday, May 21, 2019 9:00 AM
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1.CALL TO ORDER
2.APPROVAL OF MINUTES
A.Board of County Commissioners minutes for the meeting of Tuesday, February 19, 2019
B.Board of County Commissioners minutes for the meeting of Tuesday, April 16, 2019
3.GENERAL PUBLIC COMMENT
4.CONSENT AGENDA
There are no items scheduled
5.REGULAR AGENDA
A.First Amendment to Administration Agreement (Solar and Energy Loan Fund of St. Lucie
County, Inc.)
Staff recommends that the District adopt the First Amendment to the Administration
agreement and resolution and authorize the Chair to sign the amendment and resolution.
6.MOTION TO ADJOURN
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ITEM NO.(ID # 7059)
DATE:5/21/2019
AGENDA REQUEST
TO:Sustainability District
PRESENTED BY:Daniel McIntyre, County Attorney
SUBMITTED BY:County Attorney
SUBJECT:First Amendment to Administration Agreement (Solar and Energy Loan Fund of St.
Lucie County, Inc.)
BACKGROUND:
Special Assessment Funding Agreement:
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.
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On April 16, 2019, the District, Inland and SELF entered into a Third Amendment and Allonge to extend the
maturity date of the Bond and the Loan to September 1, 2022, increase the line of credit to $2,000,000.00,
adopt additional disclosures and application criteria and allow for transfer of project bonds by Inland to a
trust or other financial entity.
Administration Agreement:
On July 3, 2012, the District entered into an Administration Agreement with SELF for SELF to provide program
design, implementation and administrative services for the District's PACE program. A copy of the July 3,
2012 Agreement is attached. The current Administration Agreement terminates on June 30, 2020 unless
terminated earlier or extended. SELF representatives contacted County staff requesting that the term of the
Administration Agreement be extended to the same termination date as the Funding Agreement on
September 1, 2022.
Attached is a copy of a proposed District resolution which, if adopted, would approve a First Amendment to
the Administration Agreement to extend the term of the Administration Agreement to September 1, 2022.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the District adopt the First Amendment to the Administration agreement and
resolution and authorize the Chair to sign the amendment and resolution.
COMMISSION ACTION:
Coordination/Signatures
Date: May 15, 2019
Daniel McIntyre, County Attorney
Date: May 15, 2019
Barbara Guettler, MSBU Coordinator
Date: May 16, 2019
Don West, Public Works Director
Date: May 16, 2019
Daniel McIntyre, County Attorney
Date: May 16, 2019
Mark Satterlee, Deputy County Administrator
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CIS-o~-aoa-
ADMINISTRATION AGREEMENT ~~
I u ~
This Administration Agreement (the "Agreement"), dated as of ~, 2012, is entered
into by and between the St. Lucie County Sustainability District, a dependent special district
created by St. Lucie County, Florida ("District"), and the Solar Energy and Loan Fund of St.
Lucie County, Inc. ("Administrator") (collectively, the District and the Administrator may be
referred to herein as the "Parties" and each, singly, as a "Party").
RECITALS
WHEREAS, pursuant to Ordinance No. 10-025 (as codified in Chapter 1-19 of the Code of
Ordinances of St. Lucie County, the "Sustainability Ordinance") and Resolution No. 10-259 (as
may be amended from time to time, the "Resolution"), St. Lucie County, Florida (the "County")
established the District for purposes of accomplishing energy efficiency and renewable energy
improvements through an energy financing program providing for the levy of non-ad valorem
assessments against real property, with the consent of the owners of such property, to finance
the acquisition and construction of energy conservation, energy efficiency and renewable
energy improvements (the "Program"); and
WHEREAS, Section 1-19.16 of the Sustainability Ordinance authorizes and directs the
Board of the County and all other County officers and employees to take all actions necessary
and appropriate to effectuate the provisions of the Sustainability Ordinance; and
WHEREAS, the Resolution expressly authorizes execution of an administration
agreement pursuant to which Administrator will administer the Program on behalf of the
District; and
WHEREAS, the parties hereto wish to enter into this Agreement in order to effectuate
the policy direction set forth in the Resolution and to establish the terms and conditions
governing administration of the Program.
NOW THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND APPENDICES. The
recitals stated above are true and correct and, together with the appendices attached hereto, are
incorporated herein as a material part of this Agreement.
SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined herein shall
have the meanings set forth in the Sustainability Ordinance and the Resolution. As used in this
Agreement, the following terms shall have the following meanings.
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Act" means Section 163.08, Florida Statutes.
Administration Cost" means the cost incurred by the County in administering the
Program and the Assessment contemplated hereunder, including but not limited to any costs
associated with collection of the Assessment and recording of Financing Agreements or
summary memoranda thereof in the public records of St. Lucie County, Florida.
Annual Payment" means the annual installment of an Assessment which is due in any
given Tax Year, including interest.
Assessed Property" means real property subject to a Financing Agreement.
Assessment" means the non-ad valorem assessment levied by the County against
Assessed Property pursuant to Financing Agreements.
Contract Administrator" means the County Administrator or designee thereof.
Disbursement Amount" means the cost of the Improvements less any applicable
refunds, rebates or credits to be disbursed to the Vendor.
Financing Agreements" means the agreements entered into between the County and the
owners of Assessed Property providing for the financing of Improvements
Improvements" means the energy conservation, energy efficiency and renewable
energy improvements authorized by the Resolution and the Act financed pursuant to Financing
Agreements.
Owner" means the owner of Assessed Property.
Property Appraiser" means the St. Lucie County Property Appraiser.
Vendor" means the contractor engaged by an Owner to provide, deliver and install
Improvements.
Tax Collector" means the St. Lucie County Tax Collector.
Tax Year" means the period from January 1st through the following December 31st.
SECTION 3. SERVICES ADMINISTRATOR AGREES TO PERFORM.
A)The Administrator agrees to perform the services provided for in Appendix A,
Description of Services," attached hereto.
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E) In arriving at the amount due to Administrator under this Section, District may
deduct: (1) all payments previously made by District for work or other services covered by
Administrator's final invoice; (2) any claim which District may have against Administrator in
connection with this Agreement; (3) any invoiced costs or expenses excluded pursuant to the
immediately preceding subsection (D); and (4) in instances in which, in the opinion of the
District, the cost of any service or other work performed under this Agreement is excessively
high due to costs incurred to remedy or replace defective or rejected services or other work, the
difference between the invoiced amount and District's estimate of the reasonable cost of
performing the invoiced services or other work in compliance with the requirements of this
Agreement.
F) District's payment obligation under this Section shall survive termination of this
Agreement.
SECTION 15. RIGHTS AND DUTIES UPON TERMINATION OR
EXPIRATION.
A) Survival of Obligations. This Section and the following Sections of this
Agreement shall survive termination or expiration of this Agreement: 5, 6, 8 through 12, 14, 17,
18, 19, 25, 27 through 31 and 34.
B) Duties upon Termination. Subject to the immediately preceding paragraph (A),
upon termination of this Agreement prior to expiration of the term specified in Section 36, this
Agreement shall terminate and be of no further force or effect. Administrator shall transfer title
to District, and deliver in the manner, at the times, and to the extent, if any, directed by District,
any work in progress, completed work, supplies, equipment, and other materials produced as a
part of, or acquired in connection with the performance of this Agreement, and any completed
or partially completed work which, if this Agreement had been completed, would have been
required to be furnished to District. This subsection shall survive termination of this
Agreement.
SECTION 16. NOTICES TO THE PARTIES. Unless otherwise indicated
elsewhere in this Agreement, all written communications sent by the Parties may be by U.S.
mail and shall be addressed as follows:
To District: County Administrator
2300 Virginia Avenue
Ft. Pierce, Florida 34982
With a copy to: County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
To Administrator: Solar Energy Loan Fund of St. Lucie County, Inc.
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SECTION 30. CONSTRUCTION. All paragraph captions are for reference
only and shall not be considered in construing this Agreement.
SECTION 31. ENTIRE AGREEMENT. This contract sets forth the entire
Agreement between the Parties, and supersedes all other oral or written provisions. This
contract may be modified only as provided in Section 27.
SECTION 32. COMPLIANCE WITH LAWS; COMPLIANCE WITH
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.
A) Administrator shall keep itself fully informed of the District's resolutions and the
County's codes, ordinances and resolutions and of all state and federal laws and regulations in
any manner affecting the performance of this Agreement, and must at all times comply with
such local codes, ordinances, and resolutions and all applicable state and federal laws and
regulations as they may be amended from time to time, including but not limited to any
applicable provisions of the Federal Drug Free Workplace Act of 1989, the Davis-Bacon Act and
the ADA.
B) Administrator acknowledges that work performed under this Agreement may be
funded, in whole or in part, with funds appropriated through the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5 (the "Recovery Act" or "ARRA") and an award by the
U.S. Department of Energy ("DOE") through an Energy Efficiency and Conservation Block
Grant ("EECBG"), in which case Administrator acknowledges responsibility for ensuring
compliance by Administrator and any subcontractor thereof with applicable terms and
conditions contained therein, if any.
SECTION 33. SERVICES PROVIDED BY ATTORNEYS. Any services to be
provided by a law firm or attorney must be reviewed and approved in writing in advance by
the County Attorney. No invoices for services provided by law firms or attorneys, including,
without limitation, as subcontractors of Administrator, may be paid unless the provider
received advance written approval from the County Attorney.
SECTION 34. SEVERABILITY. Should the application of any provision of this
Agreement to any particular facts or circumstances be found by a court of competent
jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this
Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to
the maximum extent possible so as to effect the intent of the Parties and shall be reformed
without further action by the Parties to the extent necessary to make such provision valid and
enforceable.
SECTION 35. COOPERATIVE DRAFTING. This Agreement has been drafted
through a cooperative effort of both Parties, and both Parties have had an opportunity to have
the Agreement reviewed and revised by legal counsel. No Party shall be considered the drafter
of this Agreement, and no presumption or rule that an ambiguity shall be construed against the
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Party drafting the clause shall apply to the interpretation or enforcement of this Agreement.
SECTION 36. EFFECTIVE DATE; TERM; RENEWAL.
A) This Agreement shall be effective as of ~ f ~ 2012.
7
B) The term of this Agreement shall be from t 2012, through ? ~~',
2014. 1
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.
IN WITNESS WHEREOF, District and Administrator have entered into this Agreement
as of the effective date set'
ATTEST:as to Form:
K-/~,"
Deputy Clerk County At
SOLAR AND ENERGY LOAN FUND OF
ST. LUCIE COUNTY, INC.
Date: J e 18, 2012
t•~ ~~ i~~
Thomas T. Cooper, Secretary yle Ab y, President
4
z~~,
b $
t .
Y ~~ /Ce-Chair
LUCIE COUNTY
STAINABILITY DISTRICT
15
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APPENDIX A
Description of Services to be Provided by Administrator
A. Program Design Services. Program design services include alignment with local goals
and policies, integration with existing programs, stakeholder engagement, and development of
program guidelines.
Administrator will participate in meetings and facilitate the creation of documents with District
staff and consultants:
1. To ensure full integration of the Program with existing federal, state, utility, and
local renewable energy incentives.
2. To collaborate with the District in developing guidelines, policies and procedures
for the Program.
3. To develop strategies for implementing and administering the Program.
4. To assist in drafting procedures, manuals and guidebooks in connection with the
Program. (This task is also part of the Program Implementation Services.)
B. Program Implementation Services. Program implementation services include finalizing
and integrating the tasks outlined in the program design services to create a program that is
ready to process applications and fund Improvements. In addition, these services include the
following key areas:
1. Web Portal
a. At District's direction, Administrator will assist in developing, revising and/or
maintaining a web platform and related content in order to develop a County or District
branded" website that serves as an interface between applicants and Administrator.
Administrator will provide reasonable assistance in this regard but will not assume
responsibility for developing or hosting any County or District website.
b. The secure website will manage distribution of program application, application
filing, the tracking of the application progress, and notice of application approval. Data
collected includes:
i. The number and locations of persons submitting an application;
ii. The number of person approved for financing;
iii. The type, size and dollar value of Improvement projects;
iv. The time between application and installation of Improvements; and
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v. The Vendor selected by the applicant to install the Improvements.
c. Through the website, Administrator will develop, implement and administer
software and models that:
processes applications and funding requests
ii. provides loan repayment projections and bond debt service schedules
provides real-time reports on program progress
2. Marketing and Communications
a. Administrator will assist the District in the development of a marketing and
education campaign to inform the local community and stakeholders about the program.
b. Administrator will assist the District in developing content for print materials
and workshops deemed desirable by the District.
c. Administrator will assist the District in the establishment of a branding and
marketing plan and the coordination of District and local resources to maximize marketing
impacts.
d. During the first year of the Program, Administrator will facilitate or assist in the
facilitation of a reasonable number of workshops (not to exceed 12 workshops) with contractors,
prospective participants and/or other interested parties in order to educate them about the
program terms and application process.
e. Administrator will arrange and prepare presentation materials for the public,
legislative and policy-making bodies, credit rating agencies, and credit enhancement and
liquidity providers, as required.
3. Program Documentation. Administrator will collaborate with District staff and
consultants to develop the following documents for Program administration:
a. Program Terms and Policies
b. Property Underwriting Criteria
c. Authorized Improvements List
d. Landowner Application(s)
e. Financing Agreement and related summary memorandum for recording
f. Marketing materials
C. Program Administration Services. Program administration services include all tasks
necessary to administer the Program on an ongoing basis, with assistance from and oversight
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1. Identify methods to maximize available rebate programs, and work with
participating property owners to maximize any applicable energy credits for the Improvements,
and to the extent practicable, establish procedures to capture any cash rebates as down
payments in the overall Assessment amount.
2. Contractor and Vendor Responsibilities
a. Administrator shall perform all outreach efforts to the contractor and vendor
communities and maintain and update regularly a list of "approved" contractors and vendors
that meet all required State licensing requirements and that demonstrate specific knowledge
and experience with installing the qualifying improvements.
b. Develop training certification programs for Vendors to increase level of expertise
and efficiency in operation of Program, coordinate with existing job training/retraining centers
to create workforce or expand quality of existing workforce (pool of contractors).
c. Oversee installation of Improvements and warranty program.
d. Develop methodologies and procedures to assure correct completion of
improvements with all applicable warranties in place, including methods to provide timely
audits of improvements made and completed.
e. Coordinate all inspections of the Improvements (some improvements will
require building permits and inspections) among vendor and local building inspectors
f. Conduct periodic inspections of each Improvement to assure the Improvements
were installed properly and are in working order.
g. If an Improvement is not installed properly or is not in working order,
coordinate with original Vendor to rectify the situation or to bring in an alternate contractor to
correct the installation.
h. Establish and operate a tandem warranty program to make sure improvements
function as intended.
i. Identify potential service providers, initially consisting of licensed and qualified
installers, equipment vendors and parties who can provide energy and wind resistance
inspections.
3. Assessment Services
a. Data Collection. Administrator will coordinate with District staff to track the tax
parcels that will be subject to Assessments in each fiscal year. For each parcel, Administrator
will confirm the current tax parcel identification or folio number; determine whether the parcel
has been subdivided or is the result of a subdivision and allocate the maximum special tax
accordingly, if applicable; and calculate the amount to be levied to pay the parcel's debt service
if any).
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b. Payment Calculation and Roll Preparation. Administrator will calculate the total
amount of the Assessment due from each tax parcel and the Annual Payment due each year and
will coordinate with District staff to ensure that all Administration Costs, interest and any
capitalized interest associated with the Improvements for a given tax parcel are included in the
Assessment levied against such parcel. Administrator will assist District staff, the Tax Collector
and/or the Property Appraiser with preparation and certification of the annual Assessment roll.
c. Prepayments and Release of Assessment Liens. Upon request, Administrator
will provide homeowners, property owners, title agents and other interested parties with an
estimate of the amount required to prepay the Assessment. If an owner makes a prepayment,
Administrator will facilitate filing of a release of lien in the public records as necessary to
remove the lien of the Assessment from the Assessed Property.
d. Answer Inquiries from Various Parties. Administrator will respond to
homeowners, property owners, realtors, title companies, appraisers and other parties regarding
the Assessment and other issues related to the Program.
4. Program Reporting
a. Administrator will prepare an annual administration report for the District
which will summarize (i) number of parcels subject to an Assessment each year and the amount
to be levied on each parcel; (ii) Assessment roll changes from the prior year, including parcels
added or removed from the Assessment roll and bonds secured by each new parcel (if any), (iii)
prepayments that have been received in the past year; (iv) delinquencies that have occurred and
efforts that have been made to collect the past due amounts; and (v) any other event or statistic
pertaining to the general fiscal health of the Program.
b. Administrator will assist the District with reporting requirements as part of the
allocation of ARRA funds, if applicable.
c. Administrator will prepare reports, schedules, and documents to support the
issuance and underwriting of bond documents such as disclosure documents for IRS, SEC,
and/or any other regulatory body purposes; cash flows analysis; debt service and loan
repayment projections; substantiation of revenue and expenditure estimates and project costs;
verification of cash flows; and project or market feasibility, as needed.
d. Administrator shall submit written reports as requested or required by any state
or federal governmental entity. The timely submission of such report is a necessary and
material term and condition of this Agreement. The reports shall be submitted electronically;
hard copies, if required, shall be on recycled paper and printed on double-sided pages to the
maximum extent possible.
5. Customer Service
a. Administrator will provide direct customer service to the community via the
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RESOLUTION NO. 2019-_____
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.
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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 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 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").
W I T N E S E T H:
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 Incorporated. 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 strikethrough:
(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,
2014 September 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.
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
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