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HomeMy WebLinkAboutAgenda Packet 10-05-2010' :"5"" 'ma'r r fir." - - • ~ t(lt[iiAiA[[ACttt[A[ittIitlltAt(AitiAiAiNiiAllAttt(Itt1AAtAttlltEltAtAititWtitA®1lANttiiitNtltAltlAttHNltti~ttA{i{RgiiA3AAALAtiIIAAItAilitiAt[Aitltt~tAttAAlEii October 5, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA 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. 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed for to the listed time. The Chairman 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. 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 Chairman 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 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 five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. October 5, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org nit[iutvtwiuuru~intaart0ii~tu~tf~ : ;. t~r~k~~ur~u~j~t~~uuuae~u€wuuiirf~~e Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 ... z < ~._. _.. . t+n~iu~;wuu~nm~ue~~tt~tuntm~n. ~t~i' : t~uut~u~tttnuu~iinut€ueruan~tu~~ INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 23, 2010 Final Budget Public Hearing. Approve the minutes from the September 28, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-260 - "NATIONAL ARTS AND HUMANITIES MONTH" in St. Lucie County Consider staff recommendation to adopt Resolution No. 10-135 as drafted V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 53 B. COUNTY ATTORNEY Treasure Coast Research Park -Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. Consider staff recommendation to approve the proposed Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. for the remainder of the Historic Poor Farm, and authorize the Chairman to sign the document. 2. Treasure Coast Research Park, Research and Development Authority -Partial Termination of June 17, 2010 Lease Agreement and Approval of Subsublease Agreement for Additional Park Lands Consider staff recommendation to approve the Partial Termination of Lease Agreement and the Subsublease Agreement with the Treasure Coast Education, Research and Development Authority, and authorize the Chairman to sign the document. C. MANAGEMENT AND BUDGET Supervisor of Elections Advance Request Consider staff recommendation to approve the Supervisor of Elections request for 25 percent ($589,852) of the total FY 2010-2011 budget and thereafter, 6.82 percent per month. Tax Collector Advance Request Consider staff recommendation to approve the Tax Collector's request for an October commission advance in the amount of $675,000 for FY 2010-2011. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Code Enforcement Case No. 65098-3307 Delaware Avenue, Fort Pierce, FL -Unsightly and Unsanitary Conditions Consider staff recommendation to authorize a 30 day notice be sent to the Property owners ordering them to remove the unsightly and unsanitary matters on the Property or St. Lucie County will have it abated, including, but not limited to, removing the unserviceable vehicles, rugs, tarps, mattresses and other miscellaneous items and place a lien on the property. VIII. COUNTY ATTORNEY Resolution No. 10-259 Authorizing Issuance of Not Exceeding $50,000,000 in Special Assessment Improvement Funding and Reimbursement Agreements (Energy Financing Program) Consider staff recommendation to approve to adopt Resolution No. 10-259 and authorize the Chairman to sign the Resolution. IX. ANNOUNCEMENTS Intermodal Transit Facility Groundbreaking ,Friday, October 8, 2010 at 10:00 a.m. 725 Avenue D, Fort Pierce, Fla. 34950, (Comer Ave. D & N. 8th Streeter Ave. D ~ N. 8th Street) 2. The St. Lucie County Master Gardener 27m Annual Plant Sale will be on Saturday, October 9, 2010 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. 3. St. Lucie County Planning Division will host the Green Jobs & Innovation Corridor planning charrette on Saturday, October 9, 2010 from 9:30 am to 3:00 pm at the Havert L. Fenn Center at 2000 Virginia Avenue. Zora Neale Hurston Memorial Monument Dedication Honoring Sculpture James Liccione, Saturday, October 9, 2010, 11:30a.m.-12:30 p.m. Huston Gravesite Garden of Heavenly Rest Cemetery, Avenue S and 17th Street. 5. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 26, 2010 at 1:30 p.m. in Conference Room #3. The November 2, 2010 Board of County Commissioners meeting has been canceled. IX. ANNOUNCEMENTS CONTINUED 7. The November 9, 2010 Board of County Commissioners meeting will begin at 6:00 p.m 8. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 16, 2010 at 9:00 a.m. in the County Commission Chamber. 9. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 23, 2010 at 1:30 p.m. in Conference Room #3. 10. County offices will be closed on Thursday, November 25, 2010 and Friday, November 26, 2010 to observe Thanksgiving. NOTICE: All Proceedings before this Board an; electronically recorded. Any person who deades to appeal any action taken by the Board at these meetings will need a rewrd of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the n~quest of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty~ight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA FINAL BUDGET PUBLIC HEARING Date: September 23, 2010 Convened: 6:00 p.m. Adjourned: 8:05 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Paula A. Lewis, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin,OMB Director Jennifer Hill, Budget Manager,Millie Delgado- Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING ON THE FINAL BUDGET FOR FISCAL YEAR 2010-2011 THE PURPOSE OF THE PUBLIC HEARING IS TO ADOPT THE FINAL MILEAGE RATES AND A BUDGET FOR FISCAL YEAR 2010-2011. A. DISCUSSION AND READING OF THE ROLLED-BACK RATE. THE ROLLED-BACK RATE IS: 8.2620. THE PROPOSED AGGREGATE MILEAGE RATE IS 8.0853, WHICH IS 2.14% BELOW THE ROLLED-BACK RATE. The Management and Budget Director advised the Board the rate advertised was less than the roll back rate. B. OVERVIEW - An overview of the budget was presented by the Management and Budget Director. C. MILEAGES AND BUDGETS (NOTE: ONLY MILEAGES WILL BE READ INTO THE RECORD. FUND BUDGETS ARE PROPOSED AS LISTED). The Management and Budget Director read the millage rates. 001 General Fund 2.87ci7 157,802,117 101 Transportation Trust Fund 61,268,614 ;..102 Unincorporated Services Fund (Community Development MSTU) 0.,4380 ' 5,548,740 _.. _.102001 Drainage Maintenance MSTU (Stormwater Management MSTU) 0.4731 i i X59 ~9~ 103 'Law Enforcement MSTU 104 ...___._. ........................ ___.__ _. Grants & Donations Fund 105 __ _ ............. _.....__............. Library Special Grants Fund 107 __ __ 'Fine & Forfeiture Fund 109 'Drug Abuse Fund 111 _ River Park l Fund (SISD 1) _ . .112 __ River Park II Fund (SISD 2) _. .___113 Harmony Heights 3 Fund (SISD 3) _.. 114 ,__ Harmony Heights 4 Fund (SISD 4) __ _ . ___.. 115 _ _ __ ___ Sheraton Plaza Fund (SISD 5) _. 116 __ Sunland Gardens Fund (SISD 6) _. _ 117 ,Sunrise Park Fund (SISD 7) 118 Paradise Park Fund (SISD 8) _. 119 ;Holiday Pines Fund (SISD 9) 120 ;The Grove Fund (SISD 10) 121 Blakely Subdivision Fund (SISD 11) __ 122 ....._......... Indian River Estates Fund (SISD 12) __ _ 123 ......._.._. _.. __ Queens Cove Lighting Dist#13 Fund (SISD 13) 126 __ Southern Oak Estates Lighting (SISD 126) __ __ 127 ,_ Pine Hollow Street Lighting MSTU _._. 128 Kings Hwy Industrial Park Lighting 129 Parks MSTU Fund 1 130 SLC Public Transit MSTU 136 Meadowood MSTU 138 !Palm Lake Gardens MSTU Fund 139 'Palm Grove Fund (SISD 16) 140 Airport Fund 140001 Port Fund _ _ __ 142 :Port MSBU Development Fund 145 ': Mosquito Fund 146 :Mosquito State I Fund 150 !: Impact Fee Collections 160 :Plan Maintenance RAD Fund 162 'Tourism Dev-5th Cent 170 _ 'Court Facilities Fund __ _ __ _ . 171 Court Facilities Fund-Court Costs '' 181 __ !SLC Housing Finance Authority Fund _ ._ _. 182 !Environmental Land Acquisition Fund !~~ 183 ' Ct Administrator-19th Judicial Cir 184 Erosion Control Operating Fund (District E) 185 'Housing Assistance SHIP Program 187 Boating Improvement Projects 188 Bluefield Ranch Improvements ' 189 Hurricane Housing Recovery Plan ', 1,265,412 ' ;..._190............_.. Sports Complex_Fund _ ___ _ _ _ ____ __ _ 2,409,144 i ... _204 _......._.... ; Communication..System .l&S Fund .._.._..._. 4,13,973 ' 210 Impact Fees I&S 427,560 215 Sales Tax Revenue Bonds I&S Fund 8,058,609 216 County Capital l&S _ _ _ _ _. 1,518,414 " 217 State Revenue Sharing Bonds I&S 1,163,508 i 218 Transportation I&S Fund 3,523,413 '. 242 Port I&S Fund T 0.0154 1 104,226 ' _ 250 Capital Projects I&S _ __ "" 21,015,641 . 262 Tourism Dev 4th Cent I&S Fund ': 1,216,629 273 _ SHI Sp Assessment Rfd 1998 Bond . _ _ _ , 2 295 239 _ 282 Environmental Land I&S Fund 0.0459 1,574,394 ': 295 River Branch I&S Fund 60,598 296 No Lennard Rd 1 2,489,830 297 No Lennard Rd 2 430,068 298 No Lennard Rd 1 _ __ 204,406 301 So. County Regional Stadium _.. 13,655 310 ... - Impact Fee Funds i 12,135,108 315 County Building Fund 2,087,673 316 _.._ County Capital .__ _ _ __ 19,231,204 317 County Capital-St Rev Share Bnd 4,334,588 318 County Capital -Transportation 18,344 710 330 'Lakewood Park Fund 362 _ .............. 370 .... _..._.. 382 ... __._ 390 Sports Complex Improv Fund MSBU Inhouse Financing Project _... Environmental Land Capital Fund MSBU Capital Lennard Road 1-Roadway Capi __. _ __ _ _ ~ _ 8,950 '' _... 959,212 __ 739,446 4,630,881 10,601,019 __.. 397 Lennard Road 2 -Water Capital 398 ,._ :Lennard Road 3 -Sewer Capital _ ___ 401 !Sanitary Landfill Fund _.... __ 418 'Golf Course Fund 451 ! S. Hutchinson Utilities Fund 458 _ _.. SH Util-Renewal & Replacement 71 _. . __ __ _. _.. No County Utility District-Operatin _...___ _ 478 _ _ _... No Cty Util Dist-Renewal & Replace _ _ _ _ 479 _.. ' No Cty Util Dist-Capital Facilities _ _.. 491 !Building Code Fund _ .. .. _ .....__._ . . 505 . . ................................ ___._ 'Insurance & Loss Fund __ _ ,610 _ Tourist Development Trust Fund .........__.... ........................ . 2 611 Tourist Development Trust-Adv Fund . .620 __. _ Law Enforcement Trust Fund 625 Law Library _.._ __. 665 SLC Art m Public Places Trust Fund . 1 666 SLC Economic Dev Trust Fund 669 ;Lake Drive MSBU 681 'King Orange 2 682 'Skylark 2 683 !Revels Lane 1 '': 685 Sunland Gardens MSBU 686 Greenacres MSBU 687 __ Indian River Estates MSBU 688 _.._ ' Briargate MSBU 689 Rouse Road MSBU 690 ___.. __. 'Treasure Cove/Ocean Harbor S MSBU 691 North AlA MSBU 694 __ _ _ Raintree Forest MSBU __ Total Budget __ Aggregate. Millage Rate D. COMMENT ON ERRATA AND SUBSTANTIVE CHANGES. The Management and Budget Director stated there have been changes to the Errata for 2010 2011. The increase to the Errata would be $361,161.00 which would increase the budget to $ 592,352,597 if approved. 418,926 .428,909 i 417,627 481,083 108,150 13,171 Com. Grande addressed mis-information and stated they must choose a rate otherwise they will not have a rate to place on the tax bill, there is no default. Com. Craft stated he does not believe there was mis-information, he recalled staff indicating they had to pass a millage rate. He requested staff preview a trim notice in order to inform the public what is stipulated on the notice. E. PUBLIC COMMENT. Mr. Jonathan Ferguson, area resident, addressed the Board in favor of raising the millage. He believes if they do not this will have a ripple effect in obtaining new taxes for necessary services. He also stated he believes staff may have gone too far in the cuts. The reality is that expenses go up and county expenses go up. He advised the Board he has a rental property and his taxes have gone up $29.00. He believes this is immaterial because he is paying for services and he expects the cost of services to increase. If they start to cut essential services which is what local government is responsible for, the Board would be doing a disservice. Mr. John Fitzpatrick, area resident, addressed the Board in opposition to the millage increase. He stated he believed the insurance the Board is paying is too high. He believes they need to cut the budget and get it under control before requesting a millage increase. Ms. Michele Tautnik, area resident, addressed the Board regarding the transit system and asked them to reconsider the significant cuts they are proposing. She addressed the disabled utilizing the system. Ms. Kathy Chang, area resident addressed the Board regarding the transit system and stated without transit people who need to get to medical appointments and shopping would not have a way to get to those areas and keep their appointments. She asked the Board to reconsider the cuts to the transit system. Ms. Sue Easton, area resident addressed the Board and advised them she utilizes the transit system to get to work. She believes many people would be impacted if the cuts are passed and asked for the Board's consideration. Unintelligible name- addressed the Board in opposition to the increase in the millage. He stated he believed there was someone in our county with a salary over $300,000 specifically the School Board. He believes salaries should be capped. 3 Corn. Craft stated they are not charged with the School District's budget and believes they should address his issue with them. Com. Coward requested to clarify for the record where he previously had indicated the Transit Managers salary was $132,000 and stated he was corrected his actual salary is $112,000. He still believes this is too high. Ms. Maureen Rosser, Dialysis Coordinator, addressed the Board and stated many patients take the transit service for their treatment and for many it is a life and death situation. She asked the Board to consider what would happen if the system was not readily available for these patients. BOARD DISCUSSION OF THE MILEAGE RATES AND BUDGET Com. Dzadovsky stated he was ready to make motion on the Fine and Forfeiture and the General Fund. He stated after hearing all the public input, receiving the information from the Property Appraise, the recommendation from the Citizens Budget Committee, he moves to decrease the millage rate from the advertised rate on the millage to .5853 for the General Fund/Fine and Forfeiture Fund. The Management and Budget Director indicated this would increase the General Fund by .0111 and Fine and Forfeiture Fund by .5742 which equals to .5853. General Fund would be 2.7805 and 3.9699 for Fine and Forfeiture Fund. Com. Craft seconded for discussion purposes and asked Com. Dzadovsky for his rationale in doing this. Com. Dzadovsky stated after reviewing many trim notices and he understands the need for increase in the dollars to maintain the county as it is. He has concerns with service levels but he knows there are variable to come forward hopefully to increase their revenue streams. He wished to provide the Board with an option at a median stream in hopes they would agree. He believes the values will incrementally come back. Com. Craft stated the average rate of revenue growth in St. Lucie County is 4% and the largest was around 20% in one year. If you take the average you do not even come close to closing the gap. It would be $160,000 towards an $11 million gap for 2012. He stated regardless of what they adopt tonight, they would still need to do furloughs for the employees next year. He is concerned with the services and the employees who carry out the services will be hurt which will in turn hurt those residents. Corn. Dzadovsky addressed the Constitutional officers who are part of the picture and stated he would not agree to cut any more from the BOCC Administration because there is nothing left. He stated the residents should know that there may be an increase next year to take a larger bite from the deficit and they should be prepared for that starting tonight. Corn. Grande addressed the aggregate for the MSTU and how it would affect them. Corn. Lewis stated she has a concern and while she agrees the general fund is what is needed to shore up, they are not going to do it all in one year and if they wait until next year, they were told valuations would be reduced another 5% next year meaning they would have to do a greater increase next year. Roll back would bring in 11 million this year and if they wait until next year for roll back it will bring in 3 million. Waiting until next year she believes is not a good move. She has areal concern with regard with the Transit MSTU and she is assuming if they do adjust the MSTU to the suggested level, they are looking a .09 less than what has been proposed in the trim notice. She is not sure going from .67 to .58 is enough of a change to validate the move. She believes the trim notices are our best bet. Corn. Dzadovsky stated they have a lot of work to do and stated they have 40 different meeting, strategic planning, labor discussion and spoke with hundreds of individuals, his goal is to take the increase and move forward and continue to do the work for the people of St. Lucie County. He asked for the Board's support. Corn. Craft stated last year Com. Dzadovsky recommended an increase in certain areas and they were the general fund and mosquito control. At that time he did not have a good grasp on the budget to support it. His wishes are today that he would have listened last year because he would be in a better position today to support him. To wait to make the correction will be an increase above roll back and he believes no one on the Board wishes that. They have the opportunity this year to raise the millage due to the devaluation where 76% of the residents 78% residential, 60% commercial and or industrial will see a reduction in taxes. Next year they will see an increase 4 greater than roll back and the Board will still have to continue to work on the issues. He believes they need to do what is right for the public and sometimes it is an unpopular decision. He asked Com. Dzadovsky to reconsider his motion, he still believes the advertised rate is too low, but cannot support what Com. Dzadovsky has proposed which is even lower. Com. Grande stated he did not agree with the assumption that the values would continue to decrease 2 or 3 years from now. The problem is mainly due to the values and he does not accept the dire prediction that they will be in the same position 2 or 3 years from now and this is from what he sees in the economic community. The leading indicator seems to say we have bottomed out and are crawling back a little at a time. He is more confident of where they are going. He is not sure this is the time to take money away from small business and losing more jobs. Com. Craft stated we will be in dire change even if the factors do change. If we have years of record values we will not close the gaps. They still have a long way to go. They have absorbed the majority of the cuts in order to keep up with the judicial side. They are at a point where they not only need to take care of the fine and forfeiture fund but also the general fund. Com. Lewis stated we cannot have it both ways. We are not taking in with the increase what we did last year. She does not know anyone in the county that is doing only the job they got hired to do. They are doing 2 or 3 jobs from those who have left. They were told conservatively there would be another 5% decrease next year. There is no way to say we are going down and then expect to sky rocket. G. MOTION TO APPROVE RESOLUTION NO. 10-249 ADOPTING THE 2010-2011 FINAL MILEAGE RATES Com. Dzadovsky stated in reviewing the figures, we are at a 2001 level. He believes there are variable and would like to move forward with this proposal which reduces the assigned millage rate from the trim notice; it achieves revenue for the county and provides an opportunity to give us time for residents to rebound. He encourages the residents that as the services go away; it will be up to them to request an increase in the millage rate. Com. Lewis stated she has heard from various people in support of the advertised millage rate. The fact is the millage rate has remained stable even when the values increased. She stated she does not believe $160,000 is enough to take all this grief for. Com. Grande stated most of the Board receives copies of the a-mail and he has received most of them indicating not to increase the millage rate. It is not 100% but he does not think its right that most or half who have contacted the Board have asked for the increase. Com. Lewis stated his was not what she was indicating. Com. Dzadovsky stated he was encouraging his four colleagues to meet him at the compromise. Com. Coward stated after so many meetings he did not wish to re-hash his position. He does believe they need to provide an increase in the millage and he just disagrees in the amount. He is not comfortable with the budget as it is and believes the proposal on the table is too high. Com. Grande stated to him a compromise means they are looking at middle ground and what is being proposed is not the middle area. He believes they need to look at the aggregate millage rate before deciding on the millage. Com. Craft stated he would support a compromise that is less than the advertise rate but not what is being proposed. He would support a million within the general fund which would see a $400,000 reduction on the general fund millage side. The reason we are at the number below the roll back is because Com. Dzadovsky, Com. Lewis and himself were at three different places. He supports $ 1 million within the general fund, and this would be an increase of .0693 within the general fund. Com. Dzadovsky stated having heard from his other Board members and them not willing to meet his compromise, he is willing to withdraw his motion and meet the other two Board members in their recommendation at the current trim notice rate. It was moved by Com. Dzadovsky, seconded by Com. Craft, to remove his first motion from the table and move forward with the advertised rate, approving Resolution No. 10-49 as drafted, and; upon roll call, the vote was as follows: Aye's: Lewis, Craft, Dzadovsky (reluctantly); Nay's: Coward, Grande, motion carried by a vote of 3 to 2. 5 H. MOTION TO APPROVE RESOLUTION N0.10-250 ADOPTING THE FY 2010-2011 FINAL BUDGET, INCLUDING THE ERRATA AND SUBSTANTIVE CHANGES. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to adopt Resolution No. 10-250 adopting the FY 2010-2011 Final Budget including the Errata and Substantive Changes, and; upon roll call, the vote was as follows: Aye's: Craft, Lewis, Dzadovsky; Nay's: Coward, Grande, motion carried by a vote of 3 to 2. Com. Grande questioned if the motion was on the aggregate. The County Attorney stated the motion was on Resolution 10-249 which included all the millages as drafted. The proposed millage as drafted and the aggregate was 8.853, lower than the roll back rate by 2.14% The Management and Budget Director stated the rate was 8.0853. The County Administrator addressed the Board with regards to the budget and expressed her gratitude for working with her and her staff in the process. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 6 BOARD OF COUNTY COMMISIONERS ST LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 28, 2010 Convened: 9:00 a.m. Adjourned: 9:29 a.m. Commissioners Present: Chairman, Charles Grande, Chris Dzadovsky, Dough Coward, Paula A. Lewis, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, Management and Budget Director, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 21, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Dzadovsky to approve the minutes of the meeting held September 21, 2010, and upon roll call. Motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-247 - "Disability Awareness Month" in St. Lucie County Consider staff recommendation to adopt Resolution No. 10-247 as drafted. The Board approved adopting Resolution No. 10-247 as drafted. B. COUNTY ATTORNEY Resolution No. 10-251 - "Fire Prevention Week" Consider staff recommendation to adopt Resolution No. 10-251 as drafted. The Board approved adopting Resolution No. 10-251 as drafted. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Coward to approve the Consent Agenda; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 52 The Board approved Warrant List No. 52 B. COUNTY ATTORNEY Approval of Agreement with William Miley to Provide Certain Volunteer Services at Bluefield 09/24/10 FZABWAf~R FUND TITLE 001 001001 001113 001511 001512 001517 001518 001522 001524 001525 001823 101002 101003 101004 102 102001 105 107 107001 107002 107003 107004 107006 107206 111 112 113 114 116 117 119 120 122 123 126 127 128 129 130102 130212 136 138 139 140 140001 140306 160 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 18-SEP-2010 TO 24-SEP-2010 FUND SUMMARY EXPENSES General Fund Recreation Special Events CDBG Supp Disaster Recovery Subgran ARRA CSBG 2009 Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning SRL - 2502 Isso Bella Dr. SRL - 3768 Wild Orchid Lane SRL - 3731 Wild Orchid Lane INTACT Transportation Trust/80~ Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Driver's Ed Safety F&F Fund-Court. Related Technology FDCF Criminal Justice, Mental Healt River Park I Fund River Park II Fund ' Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FCTD TRIP Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund DOT-New N. Entrance Port Ft. Pierce Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir 261,670.06 24,990.00 20,055.00 121,502.40 130,060.21 350.00 6.99 2,810.00 2,480.00 1,620.00 374.10 42,971.76 18,754.74 39,917.66 2,709.10 6, 124.67 340.56 33,725.63 858.89 1,462.24 6, 490.90 213,300.00 13,553.67 181.35 2,835.53 611.66 234.14 514.36 572.76 142.43 873.71 179.99 1,012.29 361.07 125.78 381.31 506.50 596,669.47 495.36 27,865.04 1,776.63 259.83 764.28 8,123.88 2,963.80 17,230.39 4,051.14 5,040.42 PAGE PAYROLL 38,444.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,748.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/24/10 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #52- 18-SEP-2010 TO 29-SEP-2010 • FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183004 Ct Admin.- Teen Court 186.04 0.00 183006 Guardian Ad Litem Fund 2,410.46 0.00 184211 FDEP South SLC Beach Restoration 65,404.84 0.00 184215 DEP Ft Pierce Shore Protection 2012 50,639.66 0.00 185011 FHFA SHIP 2009/2010 393.00 0.00 216 County Capital I&S 1,202.00 0.00 296 No Lennard Rd 1 20,000.00 0.00 297 No Lennard Rd 2 7,500.00 0.00 298 No Lennard Rd 3 5,000.00 0.00 310205 FDEP/FRDAP MLK/Dreamland Park 161.88 0.00 316 County Capital 17,827.64 0.00 401 Sanitary Landfill Fund 202,937.91 0.00 418 Golf Course Fund 5,159.40 0.00 451 S. Hutchinson Utilities Fund 49,341.72 0 00 461 Sports Complex Fund 10,191.33 . 0 00 471 No County Utility District-Operatin 100,264.58 . 0 00 478 No Cty Util Dist-Renewal & Replace 3,737.09 . 0 00 491 Building Code Fund 193.67 . 0 00 505 Health Insurance Fund 43.74 . 1 633 70 505001 Property/Casualty Insurance Fund 20,083.00 , . 0 00 611 Tourist Development Trust-Adv Fund 8,328.88 . 0 00 801 Bank Fund 40.00 . 0.00 GRAND TOTAL: 2,190,943.54 42,825.70 The Board approved the new agreement with William Miley for Volunteer in Preserve Program. 2. Drug Abuse Treatment Association, Inc. (D.A.T.A.) Twelfth Amendment to 1990 Facilities Use Agreement The Board approved the Twelfth Amendment to the Facilities Use Agreement with D.A.T.A. B. COUNTY ATTORNEY CONTINUED 3. Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0006) with United For Families, Inc. (UFF) for drug screening services. The Board approved the Amended Contractual Rate Agreement with United for Families, Inc., and the Chairman authorized to sign the Amended Contractual Rate Agreement 4. Permission to Advertise -Certificate of Public Convenience and Necessity (CON) - Applicationfor Class F for Golden Year Senior Care, Inc. The Board approved advertising Golden Years Senior Care, Inc.'s application for Certificate of Public Convenience and Necessity for public hearing before the Board of County Commissioners on October 26, 2010 beginning at 9 a.m, or as soon thereafter as may be heard. 5. Interlocal Agreement -TCERDA Utility Improvements The Board approved the Interlocal Agreement with the proposed amendment to Paragraph 5C and authorized the Chairman to sign the Interlocal Agreement. Staff also recommended that the Board approved the amended Interlocal Agreement as an Exhibit to the previously approved Interlocal Agreement with the City of Fort Pierce, FPUA, the County and TCERDA pertaining to annexation to the Research Park. Revocable License Agreement with Cedar Creek Engineering The Board approved the Revocable License Agreement, and authorized the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. C. PUBLIC WORKS Engineering Division: 1. Palm Breezes Club Phase I The Board approved accepting the off-site improvements; Maintenance Agreement for the off- site improvements; the amended Subdivision Improvements Agreement; the associated partial release of surety, and authorized the Chairman to sign documents as approved by the County Attorney. Administration: 2. Bid waiver and Sole Source Determination The Board approved bid waiver and sole source determination for the purchasing of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo and Samsung, Trekker Tractor, LLC, for Case, Everglades Equipment for John Deere, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder, Lubo, USA, for the construction and demolition recycling equipment, Menzi USA for the Menzi Muck, Great Southern Equipment for Gradall and Econolite Control Products for traffic signal equipment. Authorized the Chairman to execute contracts as approved by the County Attorney. D. SOLID WASTE CDM Work Authorization No. 2 for Permit Compliance in Years 2010-2015 The Board approved Camp Dresser & McKee (CDM) Work Authorization No. 2 for engineering services to assist Solid Waste with permit compliance for years 2010 through 2015. Scope of services including annual water quality monitoring, analysis, annual aerial survey, financial responsibility update, biennial water quality report, Title V reporting, and continuing consulting services for a total annual cost of $244,220. 2. CDM Work Authorization No. 3 for Landfill Gas Management The Board approved CDM Work Authorization No. 3 for engineering services relating to landfill gas management program for a total of $541,780 and authorized the Chairman to execute documents as prepared by the County Attorney. Bid Waiver for Hauling Fill Material The Board approved to waive the bid requirement pursuant to Section 8.1, a.1 or a.8 of the Purchasing Policy Manual and determined that waiving the bid requirement is in the best interest of the County, and award a contract to Waste Pro based on a low quote of $2.38 per cubic yard. Staff further approved that the Board authorized the Chairman to sign a contract with Waste Pro as approved by the County Attorney. E. PLANNING & DEVELOPMENT SERVICES 2010/2011 Contracts for the Treasure Coast Sports Commission The Board approved the 2010/2011 contracts for the Treasure Coast Sports Commission for a total amount of $150,000 and authorized the Chairman to sign the contracts as prepared by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for September 28, 2010 VIII. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court '~'` ~~'"r c~ AGENDA REQUEST __: _ __ ~ = = • CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Request for Reallocation -Recovery Zone Bonds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Bonrd approve the transmittal of the letter and authorize the Chairman to sign the letter subject to the approval of the County Attorney and Bond Counsel . COMMISSION ACTION: p~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 ~,~~ County Attorney: Doniel 5. McIntyre Originating Dept. Review and ADDrovals ITEM NO. _ DATE: October 5, 2010 REGULAR [XX] ADDITIONS PUBLIC HEARING [] PRESENTED BY: CONCURRENCE Faye W. Outlaw, MPA County Administrator Mnnagement & Budget Purchasing: Public Works Dir: County Eng. Finance: (Check for copy only, if applicable) Eff. 5/96 t INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-1315 DATE: October 5, 2010 SUBJECT: Request for Reallocation -Recovery Zone Bonds BACKGROUND At the request of Commissioner Craft, I am agendaing for Board consideration a draft letter that relates to a request for reallocation of $32,000,000 in Recovery Bonds to help finance the Health-Chem Diagnostics Holdings, LLC project. A copy of the draft letter is attached. Also attached is a copy of Executive Order 10-220 from the Governor's office authorizing the reallocation. The deadline for requests for reallocation is October 15, 2010. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the transmittal of the letter and authorize the Chairman to sign the letter subject to the approval of the County Attorney and Bond Counsel. Respec ally submitted ~_ Daniel 5. McIntyr County Attorney ~~ DSM/caf Attachments r October 11, 2010 Karl Blischke, Chief Analyst Executive Office of the Governor Office of Tourism, Trade, and Economic Development 400 South Monroe Street The Capitol -Suite 1902 Tallahassee, FL 32399-0001 R:E Recovery Zone Bonds -Request for Reallocation Dear Mr. Blischke: St. Lucie County is writing to the Office of Tourism, Trade, and Economic Development (OTTED) to request an increased allocation of Recovery Zone Bonds in the Amount of $32,000,000.00 in Recovery Zone Facility Bonds as allocated under the United States Department of the Treasure Notice 2009-50. St. Lucie County has enclosed the following required documents for OTTED to review under the Recovery Zone Bond Reallocation Program as provided under Executive Order #10- 220: Copy of Resolution No. 10-034 adopted by the Board of County Commissioners of St. Lucie County on January 12, 2010 and designating the County a "recovery zone" as defined in the United States Department of the Treasury Notice 2009-50; Opinion of Legal Counsel of Projects eligibility for use of Recovery Zone Bonds, and Certification by Bond Counsel or Underwriter that any allocation of Recovery Zone Bonds will be utilized by December 31, 2010. St. Lucie County is an eligible issuer that previously received a portion of the Federal Recovery Zone Bond allocation under the United States Department of the Treasury Notice 2009-50, and is currently reviewing one project that has been determined to be eligible by St. Lucie County to utilize the Recovery Zone Bonds indicated, and is as follows: Project 1- $32,000,000 in Recovery Zone Facility Bonds for Health-Chem Dingnostics Holdings, LLC. This project is a 200,000 SF medical diagnostics manufacturing plant that will create 160 new jobs paying an average annual salary of $51,122. This project was awarded a Qualified Target Industry (QTI) tax refund by OTTED following Enterprise Florida recommended approval. St. Lucie County has awarded the company the necessary commitment of local financial support for the QTI award in the form of impact fee mitigation and ad valorem tax abatement, along with a lease of county land that includes ten years of rent abatement. St. Lucie County granted site plan approval on April 13, 2010 and certifies that this project can begin before December 31, 2010 up reallocation of bonds requested. The above requested increase in Recovery Zone Bond allocation shall be used prior to December 31, 2010, on the above listed project which meets the criteria outlined under the United States Department of the Treasure Notice 2009-50. Sincerely, Charles Grande Chairman St. Lucie County Board of County Commissioners Required Enclosures: Copy of Resolution Opinion of Legal Counsel of Project's eligibility Certification by Bond Counsel or Underwriter TE ~F FLU~ZID~,. STA • OFFICE OF THE GURNOR EXECI;f7L'NE ORDER NUMBER 10-ZZO (Providing Allocations for Recovery.Zone Bonds Antharized Pnrsaent to the Ametlcan Recovery and Reinvestment Act of 2009} VVHERBAS, the American Recovery aad Reinvestment Ad of 2009 ("Public Law 11 I-S"} provided new and expanded authorizatioa for the issuance of certain ta~c-ecedit bcnads ttuvngb ameadm~t to the Internal Revenue Code of 1986, as amended; and WBBREAS, Public, Law 11 l-5 authorized state and loesl gavernmants to issue Recovery Zone Economic Devdlopment Bonds and Recovery Zone Facility Bonds; aad VVSl3REAS, 'the United States D~artment of the TYeasury has issued Notice 2009-50 on Recovery Zone Bor-ds which includes an allocation to Florida of SS3B,485000 of volmne cap for Recovery Zone Economic Development Bonds and x807,727,000 of vohmia cap for Recovery Zone Facility Gonda; and • W~RBAS, the Depart has further allocamdFlorida's'Raoovay Zone vole cap to counties and large municipalities in Florida; and WHEREAS, section 159.813, Florida Statutes, authorizes the t3ovemor m provide for aIIocatiaa of any volume limitation imposed by ~y enacted a< proposed federal law or regulation upon bonds authorized to be issued in the State of Florida; aad WKBRBAS, allocation of such vofime limitation provides a tool m local government issaexs m facilitate economic development; NOW, THSREFOR$1, CHARLIE CRIST, as Oovemor ofFlorida, in obedience to-mysolemn constitutional duty to take care that the laws be faithfully executed,.and pu:snant m the Constitution and laws of the State of Florida, issue the following Bacewrtive Order, fie take immediate effect: Section .Allocation of state volume limitetioa for Recovery Zone Economic Development and Recovery Zone Facility Bonds. (l} I direct the Office of Tourism, Trade and Economic Development ("~OT'TSD'~ to establish a program for reallocating Recovery Zone &so~nomie Development and R,ocov~ccy Zone Facility Bond allocation pucsuaat m the latenaal Revenue Code of 1986, as amended, ar-d applicable provisions of Department of Treasury notices. (2} An eligible issue as defined in Natice 2009-50 with. existing anused allocation may elect b~ waive all or aay portion of its Recovery Zone Heonomic Development and Recovery.Zone. Facility'Bond allocation. The Division of Hound.Finance of the-State Board of Administration {"DBF"} shall provide the total waived amouat available for reallocation to ~ITfiD ss this .information becomes available (°3} Any Recovery Zone Economie Development sad Recovery Zone Facfiity Bond allocation waived by an eligible issuer maybe reallocated bythe Director of the DBF-to other eligible issuers, which previously neeived an allocation within the state, at tho direction of OTTER. Any such realtocatioashall bebasedupon a reque:tfor reallocation by aaeligible issuer able to ase the allocation prior to December 31, 2010. ' OTTSD shall.review endapprove requests far reallocation in-the order received, and in no ease shall requests'be aotxpted after'October 15, 2010. (4) DBF shall assist OTTfiD in the implementation of this'Bxecutive Order. (5) OTTER may adopt emergency rules neecssaty to ensure the`orderly implementation and administration of this part. ~, ~~ r-r~ r... ~. _ i• "7 _~ e~ `a ~ ~ v~ n, ~» :~ ~ •~ ~... ~ •' 1 ~]: .. ~~ , r• -.~~, II~i TBSTTMONY WE~RBOF, I have hereunto setmy 'hand and' >,ave-oaused the Great Seal of the' State of Florida to be affnced at Tailahassoe,'tbis~ day of Septe®ber, 2010. AGENDA REQUEST T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-A DATE: October 5, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT ( ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.10-260- NATIONALARTSAND HUMANITIES MONTH" in St. Lucie County. BACKGROUND: .Debra Magrann, Vice Chairman of the City of Port St. Lucie, Public Art Advisory Board, has requested that this Board proclaim the month of October 2010 as "NATIONAL ARTS AND HUMANITIES MONTH" in St. Lucie County, Florida. The attached Resolution No. 10-260 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ]APPROVED [ ]DENIED [ ]OTHER: n Review and Approvals X ount Attorne [ ]C Y Y Daniel S. McIntyre StaffrecommendsthattheBoard adopttheattached Resolution No. 1D-26Q as drafted. CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 10-260 A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER 2010 AS "NATIONAL ARTS AND HUMANITIES MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: The arts and humanities enhance and enrich the lives of all Americans and is an economic generator stimulating a healthy, vibrant, and growing nonprofit arts industry. 2. The arts and humanities affect every aspect of life in America including social problem- solving, job creation, education, creativity, and community livability. 3. Local institutions in St. Lucie County which foster and make accessible the work of artists, authors, dancers, musicians, poets and historians enhance the ability of our citizens to participate in a more civil society, uniting us in understanding and appreciating our diverse cultural heritage, and empowering us to imagine and create a shared vision for the future. 4. The month of October 2010 has been designated as National Arts and Humanities Month. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: This Board extends great appreciation to arts patrons who contribute to the arts directly through their donations, public service and leadership as members of boards of directors and trustees in St. Lucie County; and who contribute to the arts indirectly through their tax dollars. 2. This Board does also acknowledge with sincere gratitude the leadership and investment on the part of businesses and foundations who provide the arts with human, financial, and material resources. 2. This Board does hereby proclaim the month of October 2010 as "NATIONAL ARTS AND HUMANITIES MONTH" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 5"' day of October 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 09/30/10 FZABWARR FUND TITLE 001 001113 001176 001190 001194 001502 001508 001509 001511 001512 001515 001518 001519 001529 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107006 107205 130 130100 130101 130105 130107 130207 130210 130211 140 140135 140306 140355 140368 150 160 183 183001 183004 183006 185010 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 25-SEP-2010 TO 30-SEP-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 FTA Sec 5307 - Buses 05/06 U.S. Dept of Housing & Community Homeland Security - Issue 09 FTA Buses US Dept of Housing CDBG 09 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery CSBG FY 2011 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist FTA 5307-2 2009 Cap & Oper FTA 5311 Block Grant FDOT Fized Route Grant FDOT 5311 Block Grant FDOT Service Dev TCC US1 Route Airport Fund FAA Security Fencing & Runway 9L/27 DOT-New N. Entrance Port Ft. Pierce Security Fencing FDOT - Taxiway C Rehabilitation Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 317,111.65 52,706.00 0.00 1,422.00 0.00 7,000.00 33,848.00 27,785.10 155.93 97,859.76 129.85 0.00 0.00 0.00 873.71 10,327.71 43,540.39 44,681.33 9, 973.71 10,927.00 7,875.50 17,628.48 64.02 123,567.54 0.00 850.70 21,984.68 531.78 21,772.72 0.00 1,128.00 150,399.96 4,051.05 23,628.80 34,298.62 29,280.80 2, 684.34 1,315.75 2,950.00 69.25 115,076.18 0.00 1, 989.06 3,084.40 130.87 234.23 1,134.54 15,600.00 PAGE PAYROLL 492,637.71 0.00 743.08 0.00 310.60 0.00 0.00 0.00 1,157.60 3,773.82 0.00 10,901.48 1,717.80 795.63 28,791.21 1,237.60 44,889.98 19,869.46 15,986.86 0.00 65,079.03 9,909.20 0.00 154,077.03 1,122.83 1,122.83 8,736.95 2,076.00 2,085.83 1,541.61 0.00 0.00 0.00 0.00 0.00 0.00 11,486.56 0.00 0.00 0.00 0.00 1,523.20 3,110.46 3,105.65 0.00 5,404.72 0.00 0.00 09/30/10 FZABWARR FUND TITLE 189101 189102 310001 316 316802 317 39007 396 397 . 398 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 25-SEP-2010 TO 30-SEP-2010 FUND SUMMARY EXPENSES Home Consortium FY 2008 Home Consortium 2009 Impact Fees-Library County Capital FIND Stan Blum Boat Ramp County Capital-St Revenue Share Bnd Indian River Estates MSBU Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Bank Fund GRAND TOTAL 0.00 9,500.00 4,223.23 21,690.00 200.00 1,000.00 1,320.00 64,137.59 9,343.26 3,114.42 61,180.28 6,488.64 5,809.78 0.00 37,748.98 7,116.65 0.00 21,136.97 95.00 811,817.97 6,580.62 22.23 119.75 2,605.32 11,209.55 2,326,133.65 PAGE 2 PAYROLL 1,717.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52,125.34 18,529.29 3,540.28 656.21 15,871.40 7,718.58 1,316.86 1,481.05 17,463.18 1,186.40 4, 929.37 1, 901 . O1 0.00 0.00 0.00 1,021,631.51 ~. AGENDA REQUEST Date: October 5, 2010 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 PRESENTED BY: Heather Young +lt?S` Assistant County Attorney SUBJECT: Treasure Coast Research Park -Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. BACKGROUND: See C.A. No. 10-1214 FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 316-3716-563000-093610 (Research Park Infrastructure) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. for the remainder of the Historic Poor Farm, and authorize the Chairman to sign the document. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 County Attorney: .. Daniel S. McIntyre Originating Dept.: Ben DeVries CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget:__~~~ Purchasing: Marie uin Other : Other Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1214 DATE: September 24, 2010 SUBJECT: Treasure Coast Research Park -Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. BACKGROUND: In conjunction with the development of the Treasure Coast Research Park, it will be necessary for the University of Florida -Institute of Food and Agricultural Sciences ("UF-IFAS") to relocate its Weather Station currently located on a portion of the Research Park identified as the Historic Poor Farm. In 1949, the County leased the property to the State Board of Education which subsequently assigned the lease to the Treasure Coast Agricultural Research Foundation, Inc. in 1996. A map indicating the location of the Weather Station is attached. The cost of relocating the Weather Station will be one hundred twenty thousand and 00/100 dollars ($120,000.00). These funds have been included in the budget for the Treasure Coast Research Park Authority for fiscal year 2010/11. As set forth in the Termination of Lease Agreement attached hereto, the County will disburse the funds to OF-IFAS for relocation of the Weather Station within thirty (30) days of the date both parties execute the Termination. The lease will terminate upon completion of the relocation process but in no event more than six (6) months from the date the funds are received by OF-IFAS. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. for the remainder of the Historic Poor Farm, and authorize the Chairman to sign the document. Respectfully submitted, 0~~~ ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Research Park Executive Director Finance Director Management and Budget Director TERMINATION OF LEASE AGREEMENT THIS TERMINATION OF LEASE AGREEMENT made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), and TREASURE COAST AGRICULTURAL RESEARCH FOUNDATION, INC., a Florida not for profit corporation ("Foundation"). WITNESSESTH: WHEREAS, the County is the record title holder/owner of the following described real property located in St. Lucie County ("Historic Poor Farm Parcel"): The East half of the Southeast quarter, and the South half of the Southeast quarter of the Northeast quarter of Section Fourteen (14), Township Thirty-five (35) South, and Range Thirty-nine (39) East containing one hundred acres, more or less. Less and Except There from: Prior conveyances for road right-of--way and drainage purposes. WHEREAS, on June 28, 1949, the County entered into a Lease Agreement with the State Board of Education of Florida ("Lessee") which was recorded July 5, 1949 in Deed Book 150 at Page 199 of the Public Records of St. Lucie County, Florida, ("Lease Agreement"); and, WHEREAS, the Lease Agreement provides for the County to lease the Historic Poor Farm Parcel to the State Board of Education of Florida for automatically renewing periods of ten (10) years upon compliance by the Lessee; and, WHEREAS, on December 17, 1996, the State Board of Education of Florida assigned any and all of its rights under the Lease Agreement to Treasure Coast Agricultural Research Foundation, Inc. ("Foundation"), as set forth in the Assignment and Assumption of Lease recorded January 9, 1997 in Official Records Book 1055 at Page 81 of the Public Records of St. Lucie County, Florida; and, WHEREAS, the County joined in the Assignment and Assumption Agreement of Lease to evidence its consent to the assignment to the Foundation; and, WHEREAS, on March 28, 2006, the County and the Foundation entered into a Partial Termination of the Lease Agreement, recorded on September 25, 2006 in Official Records Book 2664 at Page 64, of the Public Records of St. Lucie County, Florida, and re-recorded on October 11, 2006 in Official Records Book 2676 at Page 799 of the Public Records of St. Lucie County, Florida, to terminate the Lease Agreement as to all of the leased premises with the exception of 12.73 acres, more or less, identified as the "University of Florida - IFAS Weather Station Site" and further described as follows: A parcel of land lying in Section 14, T-35-S, R-39-E, St. Lucie County, Florida, Said parcel being more particularly described as follows: The South 1030' feet of the West 590' feet of the East '/~ of the Southeast '/< of Section 14, T-35-S, R-39-E, St. Lucie County, Florida. Less and except the South 90' feet for canal and road right of way. Said parcel containing 12.73 acres more or less. Bearing Base: the South line of Section 14, T-35-S, R-39-E is taken to bear N 89°46' 19" E and all other bearings are relative thereto. WHEREAS, the parties desire to terminate the Lease as to the remaining leased premises in order for the University of Florida to relocate the Weather Station in conjunction with the development of the Treasure Coast Research Park; and, WHEREAS, the County is willing to assist in the cost of the relocation of the Weather Station to further the development of the Treasure Coast Research Park. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the June 28, 1949 Lease Agreement as follows: On or before thirty (30) days from the date this Termination is executed by both parties, the County shall disburse funds in the amount of one hundred twenty thousand and 00/ 100 dollars ($120,000.00) to University of Florida -Institute of Food and Agricultural Sciences to assist in the cost of relocating its existing Weather Station to another site owned and/or controlled by the University of Florida. 2. The Lease Agreement shall terminate effective upon the completion of the relocation of the existing University of Florida - IFAS Weather Station but in no event later than six months from the date the above-referenced funds are received by the University of Florida -Institute of Food and Agricultural Sciences. IN WITNESS WHEREOF, the parties hereto have made and executed this Termination of Lease Agreement on the dates indicated below their respective signatures. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIItMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2010, by , as Chairman of the St. Lucie County Board of County Commissioners. Personally known OR Produced Identification ATTEST: SECRETARY STATE OF FLORIDA COUNTY OF ST. LUCIE Notary Public, State of Florida SEAL My Commission Expires: TREASURE COAST AGRICULTURAL RESEARCH FOUNDATION, INC. BY: PRESIDENT DATE: The foregoing instrument was acknowledged before me this day of , 2010, by , as President of the Treasure Coast Agricultural Research Foundation, Inc. Personally known OR Produced Identification Notary Public, State of Florida SEAL My Commission Expires: S :\agreemnt\lease\tcerda. poor. farm. term. doc _~ Amended Lease Area . University of Florida Agricultural Center ® Amended Lease Area PICOS RD St. Lucie County Poor Farm w IFAS -Weather Station Y PRt11T~T RESEARCH CENTER•RD O Y V O N cn.mrc ~sr,rnrrs.amnoirwca il-ti01rtln1E w atOr ~benom AaiWdlMiai A . -M ~Yl mll- gwiWtll~Ianp ~rytim. 9.l~Kb _ OWM gr~tlYll~46. >~~s~w• J '° ~~a~ ~ 0 175 350 700 050 1 400 °` 1 eom -.e. .mm.i.i a nnwn w.a o.~ ~ ~~ ...mad. , , Feet Jul 2006 AGENDA REQUEST Date: October 5, 2010 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-2 PRESENTED BY: Heather Young ~' Assistant County Attorney SUBJECT: Treasure Coast Education, Research and Development Authority -Partial Termination of June 17, 2010 Lease Agreement and Approval of Subsublease Agreement for Additional Park Lands BACKGROUND: See C.A. No. 10-1236 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Partial Termination of Lease Agreement and the Subsublease Agreement with the Treasure Coast Education, Research and Development Authority, and authorize the Chairman to sign the documents. COMMISSION ACTION: ~] APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 .~, ~~~ County Attorney: ~%~ Daniel S. McIntyre Originating Dept.: Ben DeVries CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Si nati res Mgt. & Budget: ~ Purchasing: Marie Gouin Other : Other Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1236 DATE: September 24, 2010 SUBJECT: Treasure Coast Education, Research and Development Authority -Partial Termination of June 17, 2010 Lease Agreement and Approval of Subsublease Agreement for Additional Park Lands BACKGROUND: In conjunction with the development of the Treasure Coast Research Park, the St. Lucie County School Board entered into a lease with the University of FloridalInstitute of Food and Agricultural Sciences for approximately sixty (60) acres identified as "Additional Park Lands." The lease is contingent upon the partial termination of the existing lease agreement between the County and the Treasure Coast Education, Research and Development Authority for the Additional Park Lands, and the subsequent approval of a new Subsublease Agreement between the County and TCERDA for these sixty acres. Attached to this memorandum are copies of the proposed Partial Termination of Lease Agreement and Subsublease Agreement which have been prepared for this purpose. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the Partial Termination of Lease Agreement and the Subsublease Agreement with the Treasure Coast Education, Research and Development Authority, and authorize the Chairman to sign the documents. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Research Park Executive Director Finance Director Management and Budget Director Prepared by and return to: Robert I. MacLaren, II Attorney at Law Osborne & Osborne, P.A. 798 South Federal Highway Suite 100 Boca Raton, Florida 33432 PARTIAL TERMINATION OF LEASE AGREEMENT THIS PARTIAL TERMINATIDN OF LEASE AGREEMENT ("Agreement")made and entered into as of the 17th day of June, 2010 ("Effective Date"), by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, (hereinafter referred to as the "Board") and the TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY (hereinafter referred to as the "Authority") WITNESSETH: W H EREAS, the Board is the record title holder/owner of the following described real property: (See Exhibit "A" attached hereto) (collectively, the "County Parcels") and; WHEREAS, the Board and the Authority entered into the following described instrument: LEASE AGREEMENT by and between BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY and TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY, dated March 28, 2006, recorded May 25, 2010 in Official Records Book 3199 at Page 1937 of the Public Records of St. Lucie County, Florida ("County/Authority Lease") wherein the County Parcels were leased by the Board to the Authority for a term of Ninety- Nine (99) years for the development and operation of a Florida Statute §159 Part V research and development park, as more particularly set forth in the County/Authority Lease Agreement; and WHEREAS, the School Board of St. Lucie County, Florida ("School Board"), has the use and benefit of the real property more particularly described in the following described instrument: STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND No. 25770 dated November 9,1976, by the Trustees of the Internal Improvement Trust Fund of the State of Florida, recorded May 14, 2010 in Official Records Book 3196 at Page 1871 of the Public Records'of St. -Lucie County, Florida ("TIITF/School Board Dedication") and; WHEREAS, the School Board and the University of Florida Board of Trustees ("UF/IFAS") have entered into the following described instrument: LEASE BY AND BETWEEN SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, AND THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES by and between the School Board of St. Lucie County, Florida, as Lessor, and the University of Florida Board of Trustees, on behalf of the Institute of Food and Agricultural Sciences and Indian River Research and Education Center ,dated June 17, 2009. ("School Board to OF/IFAS Lease") wherein a portion of the real property subject to the TIITF/School Board Dedication was leased by the School Board to OF/IFAS as more particularly described therein; and WHEREAS, the OF/IFAS and the School Board have entered into the following described instrument: SUBLEASE AGREEMENT between THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, a public body corporate of the State of Florida, as °SUBLESSOR" and the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, dated June 17, 2009. -2- ("UF/IFAS to School Board Sublease") wherein the real property described therein was subleased by the OF/IFAS to the School Board; and WHEREAS, a condition precedent to the efficacy of the School Board to OF/IFAS Lease and the OF/IFAS to School Board Sublease is the conveyance by the Board to the School Board of the fee simple title to an appropriately sixty (60) acre tract of land from the County Parcels ("Contingency"); and WHEREAS, upon the satisfaction of the Contingency, the School Board will assign, transfer, and set over to the Board any and all rights the School Board may have as the subtenant pursuant to the OF/IFAS to School Board Sublease; and WHEREAS, upon the assignment of any and all rights the School Board may have in and to the OF/IFAS to School Board Sublease as a subtenant to the Board, the Board will enter into a subsublease with the Authority on terms substantially similar to the County/Authority Lease relative to the real property subject tothe OF/IFAS to School Board Sublease; and WHEREAS, the Board and the School Board have determined that the following described real property: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST, TALLAHASSEE BASE MERIDIAN, AND BEING IN ST. LUCIE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SECTION 14, THENCE, BEARING SOUTH 89°33'54" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 108.00 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00°12'42" EAST, A DISTANCE OF 51.00 -3- FEET TO A POINT BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT (N.S.L.R.W.C.D.) CANAL No. 46 AND THE WEST RIGHT OF WAY LINE OF N.S.L.R.W.C.D. CANAL No. 40, SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG SAID WEST RIGHT OF WAY LINE OF CANAL No. 40, THE FOLLOWING THREE (3) COURSES: 1. BEARING SOUTH 00°12'42" EAST, A DISTANCE OF 1,287.24 FEET TO A PO I NT; 2. THENCE, BEARING NORTH 89°37'03" EAST, A DISTANCE OF 4.00 FEET TO A POINT; 3. THENCE, BEARING SOUTH 00°12'42" EAST, A DISTANCE OF 799.38 FEET TO A POI NT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING SOUTH 89°38'38" WEST, A DISTANCE OF 1,155.50 FEET TO A POINT; THENCE, BEARING NORTH 00°34'58" WEST, A DISTANCE OF 24.64 FEET TO A POINT OF CURVATURE; THENCE, ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1,350.00 FEET, A CENTRAL ANGLE OF 17°08'46"; WITH A CHORD LENGTH OF 402.49 FEET, AND BEARING NORTH 09°09'21" WEST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 404.00 FEET TO A POINT OF REVERSE CURVATURE; CHORD LENGTH OF 295.61 FEET, AND BEARING NORTH 11°26'36" WEST; THENCE NORTHERLY ALONG THE ARC, A DISTANCE OF 296.21 FEET TO A POINT; THENCE, BEARING NORTH 44°35'34" EAST, A DISTANCE OF 43.75 FEET TO A POI NT; THENCE, BEARING NORTH 00°32'56" WEST, A DISTANCE OF 110.43 FEET TO A POINT; THENCE, BEARING NORTH 45°24'26" WEST, A DISTANCE OF 50.22 FEET TO A POINT; THENCE, BEARING NORTH 00°34'58" WEST, A DISTANCE OF 1,195.48 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID CANAL No. 46 THENCE, BEARING NORTH 89°33'54" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1,285.01 FEET TO THE POINT OF BEGINNING. -4- THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 2,613,600 SQUARE FEET OR 60.00 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS CONTAINED WITHIN THE CHAIN OF TITLE. ("School Board Parcel") is the appropriate parcel of real property to be conveyed by the Board to the School Board to satisfy the Contingency; and WHEREAS, the School Board Parcel constitutes a portion of the real property that is subject to the County/Authority Lease; and WHEREAS, in order that the fee simple title to the School Board Parcel may be properly conveyed by the Board to the School Board and thereby satisfy the Contingency, it is necessary for the County/Authority Lease to be terminated in regard to the School Board Parcel; and WHEREAS, the County and the Authority desire that the County/Authority Lease be terminated for all purposes whatsoever in regard to the School Board Parcel in order that the Contingency may be satisfied. NOW,THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration and the covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are hereby incorporated herein by reference as if fully set out herein. 2. The County/Authority Lease Agreement shall be terminated and be null and void and of no further force or effect whatsoever as of 8:00 A.M. on the Effective Date in -5- regard to the School Board Parcel. 3. Except as specifically set forth in Paragraph 2, the County/Authority Lease Agreement shall remain in full force and effect and is hereby ratified and confirmed by the Board and the Authority. 4. This Agreement shall be governed by the laws of the State of Florida without regard to its conflicts of laws principles. 5. This Agreement constitutes the entire agreement between the parties hereto with respectto the transactions contemplated hereby and supersedes all priordiscussions, understandings, agreements and negotiations between the parties hereto. 6. This Agreement may be modified only by a written instrument duly executed by the Board and the Authority. 7. The Board and the Authority mutually covenant and agree to sign, execute and deliver or cause to be signed, executed and delivered and to do or make, or to cause to be done or made, upon the written request of the other party, any and all agreements, instruments, papers, deeds, acts or things, supplemental, confirming, corrective or otherwise, as may be reasonably required or requested by the other party for the purpose of or in connection with the transaction contemplated hereby provided that no such request shall be contrary to the terms of this Agreement. Notwithstanding the foregoing, neither the Board northe Authority shall be required to incur any unreasonable costs or expenses, nor any additional liability with regard to any matters requested by the other party. 8. The parties acknowledge that each party and its counsel have participated in the negotiation and preparation of this Agreement. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing the Agreement to be drafted. -6- 9. To facilitate execution, this Agreement may be executed in as many counterparts as may be required. It shall not be necessary that the signatures on behalf of all parties appear on each counterpart hereof. All counterparts hereof shall collectively constitute a single agreement. The parties further covenant and agree that this Agreement and any amendments thereto may be executed and delivered by facsimile or telecopier. 10. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses even if not taxable court costs (including without limitation, all such fees, costs, and expenses incident to arbitration, appellate, bankruptcy, and post-judgment proceedings), incurred in that action or proceeding or any appeal, in addition to any other relief to which the party or parties may be entitled. Attorney's fees include legal assistant fees, expert witness fees, investigative fees, administrative costs, and all other charges billed by the attorney to the prevailing party. 11. Time is of the essence with respect to every provision of this Agreement. 12. Nothing in this Agreement, whether expressed or implied, is intended to (i) confer any rights or remedies on any person other than the Board, the Authority, and their respective successors and assigns, (ii) relieve or discharge the obligation or liability of any third party, or (iii) give any third party any right of subrogation or action against either the Board or the Authority. 13. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice versa, and pronouns of any gender shall -7- be construed to mean or include any other gender or genders. 14. "Herein", "hereunder", "hereof', "herein before", "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used; "any" means "any and all"; "include" and "including" each are without limitation; "may not" and other negative forms of the verb "may" each are prohibitory; "will", "must", "shall" and "should" each are mandatory; and "approve" or "consent" or "agree" or derivations of said words or words of similar import, unless otherwise provided herein, mean the prior approval, consent or agreement, in writing of the party holding the right to approve, consent or agree with respect to the matter in question. 15. The parties hereto irrevocably and unconditionally (a) agree that any suit, action, or other legal proceeding arising out of or relating to this Agreement or any other agreement, shall be brought and maintained in the Circuit Court for the Nineteenth (19th) Judicial Circuit, in and for St. Lucie County, Florida, or in the United States District Court forthe Southern District of Florida; (b} consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, or proceeding in any of such courts. 16. All provisions contained in this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement. -8- IN TESTIMONY WHEREOF, the lawfully designated agents of the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, and the TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY, have hereunto subscribed their names as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Charles Grande, Chairman ATTEST: Deputy Clerk of the Circuit Court of St. Lucie County, Florida Approved as to Form and legality by: Assistant County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Charles Grande, Chairman of the Board of County Commissioners of St. Lucie County, Florida, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed the same on behalf of said Board for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2010. NOTARY PUBLIC My Commission Expires: -9- WITNESSES: TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE By: Kathleen McGinn, Ph.D. Its Chairperson of the Board I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Kathleen McGinn, Ph.D., Chairperson, of TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that she executed the same on behalf of said Authority for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2010. NOTARY PUBLIC MyCommission Expires: P:\LIBRARY\04\238291Sub Files Point System104-23829.04\Docs\PartialTertnination.wpd. -10- EXHIBIT "A" LEGAL DESCRIPTION DUNN PARCEL Tract #1: The NW 1/4 of the NE 1/4 of Section 14, Township 35 South, Range 39 East, less the West 10 feet and less the North 53 feet and a .parcel of land lying in the NE 1/4 of Section 14, Township 35 South, Range 39 East, described as follows: From the 1 /4 corner of the North line of said Section 14, run South 0°43'30" East along the 1 /4 line a distance of 53.0 feet to a point on the South right of way line of Canal #46 of the North St. Lucie River Drainage District; then run North 89°49'55" East along said right of way line a distance of 10.0 feet to the point of beginning; thence continue North 89°49'55" East along said right of way line a distance of 70.84 feet; thence run South 10°14'55" West a distance of 366.35 feet to a point on the East right of way line of Coolidge Road, said point being 10 feet perpendicular distance from the 1/4 Section line; thence North 00°43'30" West along said East right of way line a distance of 394.5 feet to the point of beginning, St. Lucie County, Florida. Tract #2: The NE 1/4 of the NE 1/4 of Section 14, Township 35 South, Range 39 East, EXCEPTING therefrom rights of way for public roads and drainage canals, said land lying and being in St. Lucie County, Florida. Tract #3: The E 1/2 of the SW 1/4 of the NE 1/4 of Section 14, Township 35 South, Range 39 East, LESS the North 263 feet of the South 353 feet, AND the SE 1/4 of the NE 1/4 of Section 14, Township 35 South, Range 39 East, less the North 263 feet of the South 353 feet, and the SE 1 /4 of the NE 1 /4 of Section 14, Township 35 South, Range 39 East, less road and canal rights-of-way, containing 53.75 acres, more or less. AND NW 1/4 of the SW 1/4 of the NE 1/4 of Section 14, Township 35 South, Range 39 East, LESS the West 10 feet for road right-of-way, containing 10.59 acres, more or less. LESS AND EXCEPT: A parcel of land located in Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida; said parcel being more particularly described as follows: -11- The North 41' feet of the South 90' feet of the Southeast 1/4 of the Northeast 1/4 of said Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida, less and except the East 104' feet for canal and road right of way. AND ALSO LESS AND EXCEPT: A parcel of and located in Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida; said parcel being more particularly described as follows: Commence at the Southeast corner of the NE 1/4 of Section 14, Township 35 South, Range 39 East; thence S 89°44'25" W along the south line of the Northeast 1 /4 a distance of 580.06' feet; thence N 00°15'34" W a distance of 90.00' feet to the Point of Beginning; thence S 89°44'25" W a distance of 200.00' feet; thence N 00°15'34" W a distance of 315.00' feet; thence N 89°44'25" E a distance of 200.00' feet; thence S 00°15'34" E a distance of 315.00' feet to the Point of Beginning. AND ALSO LESS AND EXCEPT: The North 189.44 feet of the South 542.44 feet of the East 1 /2 of the Southwest 1 /4 of the Northeast 1/4 lying and being in Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida. BOLIN PARCEL PARCEL 1: The East 14.0 acres of the Southwest 1 /4 of the Southwest 1 /4 of Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida, less rights-of-wayforpublic roads and drainage canals. PARCEL 2: The West 14.0 acres of the East 28 acres of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida, less rights-of- way for public roads and drainage canals. PARCEL 3: The Southwest 1 /4 of the Southwest 1 /4 of Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida, less rights-of-wayforpublic roads and drainage canals and further less and except the East 28 acres thereof. PARCEL 4: The North 100 feet of that parcel described as the South 1/2 of the South 1/2 of Section -12- 10, Township 35 South, Range 39 East, lying East of the Sunshine State Parkway; said lands lying and being in St. Lucie County, `Florida, excepting therefrom all rights-of-way for public roads and drainage canals. PARCEL 5: The South 1/2 of the South 1 /2 of Section 10, Township 35 South, Range 39 East, lying East of the Sunshine State Parkway; said lands lying and being in St. Lucie County, Florida, excepting therefrom all rights-of-way for public roads and drainage canals; less and excepting therefrom the North 100 feet thereof. DONES PARCEL The South 1269.37 feet of the West 1/2, of the Southeast 1/4, of the Southwest 1/4, of Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida. LESS AND EXCEPT the South 56.50 feet for drainage rights-of-way. IFAS PARCEL The South 251.20 feet of the NE 1/4 of the SE 1/4 of the NW 1/4 and the SE 1/4 of the SE 1/4 of the NW 1/4 of Section 14, Township 35 South, Range 39 East. Less and except the East 70.00 Feet thereof for "Rock Road" / "Coolidge Road" right of way and less and except the South 90.00 Feet thereof for "Picos Road" right of way. HISTORIC POOR FARM PARCEL The East half of the Southeast quarter, and the South half of the Southeast quarter of the Northeast quarter of Section Fourteen (14), Township Thirty-five (35) S. and Range Thirty- nine (39) East containing one hundred acres, more or less: LESS AND EXCEPT THEREFROM: UNIVERSITY OF FLORIDA -IFAS WEATHER STATION SITE A parcel of land lying in Section 14, T-35-S, R-39-E, St. Lucie County, Florida, said parcel being more particularly described as follows: The South 1030' feet of the West 590' feet of the East 1/2 of the Southeast 1/4 of Section 14, T-35-S, R-39-E, St. Lucie County, Florida. -13- Less and except the South 90' feet for canal and road right of way. Said parcel containing 12.73 acres more or less. Bearing Base: the South line of Section 14, T-35-S, R-39-E is taken to bear N 89°46'19" E and all other bearings are relative thereto and prior conveyances for road right-of-way and drainage purposes. H:ILIBRARY104238291Doc1LegalDescriptions.doc -14- Prepared by and return to: Robert I., MacLaren, II Attorney'at Law Osborne & Osborne, P.A. 798 South Federal Highway Suite 100 Boca Raton, FL 33432 SUBSUBLEASE AGREEMENT THIS SUBSUBLEASE AGREEMENT made and entered into this day of 2010, ("Effective Date") by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY (hereinafter referred to as the "BOARD"), and the TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY (hereinafter referred to as the "AUTHORITY"). WITNESSETH: WHEREAS, in Chapter 159, Part V, Florida Statutes, the Legislature has provided for the designation and creation of research and development authorities, and has declared that the same shall serve the public purposes of developing new knowledge, advancing technology and enhancing economic growth within the State of Florida; and WHEREAS, the AUTHORITY has been designated and created in accordance with such enabling legislation; and WHEREAS, by virtue of Section 159.705 (8) Florida Statutes, the AUTHORITY is empowered to acquire by lease real property for use as a site for the location of a research and development project; and WHEREAS, by virtue of Section 159.705 (10) Florida Statutes, the AUTHORITY is empowered to lease, without consideration, lands owned, administered, managed, controlled, supervised, or otherwise protected by the State of Florida or its agencies, departments, boards or commissions; and WHEREAS, the BOARD and the AUTHORITY have entered into the following described instrument: LEASE AGREEMENT by and between BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY and TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY, dated March 28, 2006, recorded May 25, 2010 in Official Records Book 3199 at Page 1937 of the Public Records of St. Lucie County, Florida ("County/Authority Lease") wherein the real property described therein ("PARK LANDS") was leased by the BOARD to the AUTHORITY; and WHEREAS, the AUTHORITY has requested a subsublease of certain ADDITIONAL PARK LANDS hereinafter described for use as a research and development park, and the BOARD is authorized to enter such subsublease and has agreed to do so; and WHEREAS, the State of Florida Board of Trustees of the Internal Improvement Trust Fund ("TIITF") and the Board of Regents entered into the following described instrument: STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND LEASE AGREEMENT NO. 2592 by and between STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND as LESSOR and the BOARD OF REGENTS, as LESSEE, dated April 27, 1972 ("TIITF/UF/IFAS Lease") wherein the ADDITIONAL PARK LANDS were leased to the Board of Regents; and WHEREAS, the University of Florida Board of Trustees ("UF/IFAS") is the successor to the Board of Regents; and „ 2., WHEREAS, OF/IFAS and the School Board of St. Lucie County, Florida ("SCHOOL BOARD") entered into the following described instrument: SUBLEASE AGREEMENT between THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, a public body corporate of the State of Florida, as "SUBLESSOR" and the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, dated June 17, 2009. ("UF/IFAS to School Board Sublease") wherein the ADDITIONAL PARK LANDS were subleased by the OF/IFAS to the SCHOOL BOARD; and WHEREAS, a condition precedent to the efficacy of the OF/IFAS to School Board Sublease was the conveyance by the BOARD to the SCHOOL BOARD of the fee simple title to an appropriately sixty (60) acre tract of land from the BOARD and the termination of the County/Authority Lease relative to such parcel of real property ("Contingency"); and WHEREAS, the Contingency has been satisfied for all purposes whatsoever; and WHEREAS, the SCHOOL BOARD has transferred, assigned, and set over to the BOARD any and all rights the SCHOOL BOARD had or may have had as the subtenant of the ADDITIONAL PARK LANDS pursuant to the OF/IFAS to School Board Sublease. NOW THEREFORE, the parties do hereby agree as follows: 1. Property and Term. The BOARD hereby subsubleases to the AUTHORITY the lands described in Exhibit "A" attached hereto and made a part hereof, lying and being situate in St. Lucie County, Florida (hereinafter referred to as the "ADDITIONAL PARK LANDS"), to have and to hold for a period ending on the last day of the first to occur of the expiration of the term of either the TIITF/UF/IFAS Lease or the OF/IFAS to School Board Sublease. The AUTHORITY shall have the identical right to extend the term of this Subsublease Agreement as is provided to the "SUBLESSEE" in '"3" the OF/IFAS to School Board Lease by giving written notice of the election to extend the term to the BOARD at least one hundred twenty (120) days prior to the date the term is then set to expire. The BOARD does not warrant or guarantee title to the ADDITIONAL PARK LANDS. AUTHORITY's possession of the ADDITIONAL PARK LANDS shall be contingent upon and subject to any recorded deed restrictions. Notwithstanding any provision herein to the contrary, expressed or implied, this Subsublease Agreement shall not be construed to contain a covenant of quiet enjoyment as to the ADDITIONAL PARK LANDS. The public-owned lands hereby leased shall not be mortgaged nor otherwise encumbered by any liens or security agreements. 2. Rent. The Authority's obligation to pay rent and the rent due and payable by the AUTHORITY to the BOARD pursuant to this Subsublease Agreement, for all purposes whatsoever, is the payment of the rent required to be paid by the AUTHORITY to the BOARD pursuant to the terms and provisions of the County/Authority Lease. 3. Use and Control of ADDITIONAL PARK LANDS. The ADDITIONAL PARK LANDS shall be used, developed, managed and operated by the AUTHORITY for research, design, development, testing, educational, limited production, and other activities compatible with research, both basic and applied, in furtherance of the essential public purposes declared by the enabling legislation. Subject to applicable governmental laws and ordinances, the terms and provisions of the TIITF/UF/IFAS Lease and the OF/IFAS to School Board Sublease (collectively, the "Senior Leases"), recorded deed restrictions, including but not limited to, the Declaration of Covenants and Restrictions recorded on in Official Records Book at Page of the Public Records of St. Lucie County, Florida ("Declaration"), and the further ~4~ conditions herein set forth, the AUTHORITY shall have full and sole control of and responsibility for the development, subleasing, management, and use of the ADDITIONAL PARK LANDS and for the negotiation, consummation and enforcement of all contracts and agreements relating hereto. It is expressly provided, however, that the AUTHORITY shall at all times use its best efforts to protect the ADDITIONAL PARK LANDS against unauthorized activities and influences which are inconsistent with the character of the ADDITIONAL PARK LANDS as a research and development park. Notwithstanding anything to the contrary contained herein, any use of the ADDITIONAL PARK LANDS permitted by the Senior Leases and the Declaration shall be conclusively deemed to comply with the requirements of this Subsublease Agreement. 4. Conceptual Plan of Development. The AUTHORITY shall not further sublease any portions of the ADDITIONAL PARK LANDS until it has formulated a concept of development, and the concept of development has been approved by the BOARD ("Conceptual Plan of Development"). The concept shall contain a statement of the intended pattern of development and leasing within the ADDITIONAL PARK LANDS and shall specify the quantity of land, by acreage, to be preserved in its natural state, if any. The AUTHORITY shall prepare and submit the concept of development to the BOARD within three (3) years from the date of this Subsublease Agreement and the BOARD shall approve or disapprove the same within a reasonable time thereafter. If no concept of development has been submitted within three (3) years from the date of this Subsublease Agreement, this Subsublease may be terminated at the BOARD's option, upon written notification to the Authority. Once approved by the BOARD, the Conceptual Plan of Development shall be adhered to by the AUTHORITY in its use, development, management and operation of the ADDITIONAL PARK LANDS. ..5., 5. Further Subleasing. (a) The AUTHORITY shall be and is hereby authorized to further sublease the ADDITIONAL PARK LANDS to third parties subject to and on terms and or purposes not inconsistent with this Subsublease Agreement and as provided for in the Conceptual Plan of Development. (b) A proposed Master Sublease shall be prepared by the AUTHORITY and submitted to the BOARD as a part of the concept of development. It shall contain broad provisions for payment in full by the sublessee of all ad valorem taxes, construction or materialmen's liens, and any other liens which may attach to the ADDITIONAL PARK LANDS. (c) The proposed Master Sublease shall be subject to the Senior Leases, and the Declaration. The Authority shall provide to the Board a copy of any and all subleases into which it enters within a reasonable time subsequent to execution of the sublease by all parties thereto. (d) If the Board rejects the proposed Master Sublease and agreement can not be reached as to the terms and conditions for a proposed Master Sublease, this Subsublease Agreement shall be null and void thirty (30) days subsequent to the delivery of written notice by the BOARD to the AUTHORITY of the termination of this Subsublease Agreement. (e) It is expressly understood and agreed that any and all assignees and sublessees shall be subject to and bound by all of the applicable terms, covenants and conditions contained in the Senior Leases and Paragraph 3 and Paragraph 9 hereof (but only insofar as the same relate to their specific premises) and the terms, covenants and conditions of Paragraph 3 and Paragraph 9 shall be made a part of and incorporated in all "6V subleases (but only to the extent the same relate to each specific leasehold interest). Failure to so incorporate the terms, covenants and conditions of Paragraph 3 and Paragraph 9 into any assignment or sublease shalt render such assignment or sublease null and void as against the BOARD. 6. Termination/Expiration of Lease. (a) If no portion of the ADDITIONAL PARK LANDS has been leased to a tenant within five (5) years from the date of approval of the concept of development pursuant to paragraph 4 above, this Subsublease may be terminated at the BOARD's option, upon thirty (30) days written notice to the Authority. Unless expressly waived by the BOARD, the requirement herein for leasing to a tenant shall include the completed construction of improvements upon the ADDITIONAL PARK LANDS and commencement of the tenant's business or operations from such location. At the expiration of this Subsublease Agreement, title to any and all improvements upon the ADDITIONAL PARK LANDS shall vest in the BOARD. (b) If the BOARD gives written notice to the AUTHORITY that the AUTHORITY and/or any of its sublessees are in violation of any provisions or conditions set forth in this Subsublease Agreement or any lease agreement, as soon as reasonably possible after the receipt of said notice, the AUTHORITY shall initiate and thereafter diligently pursue any and all action as may be reasonably necessary to correct the violation(s), which period of time, in all events, except as set forth below, shall not exceed sixty (60) days from the date of receipt of said notice by the AUTHORITY. The notice shall specify the provisions or conditions which are being violated and what action is required to bring the AUTHORITY and/or its subtenants into compliance with this .,~~ Subsublease Agreement or sublease(s). In the event the AUTHORITY fails to cause such violation(s) to be corrected within the allotted time, the BOARD may cancel this Subsublease Agreement and any subleases of any subtenant(s) who are also in violation hereof; provided however that if the AUTHORITY has diligently and in good faith used its best efforts to cure the violations within the allotted sixty (60) day period but has, through no fault of its own, been unable to have them cured within that time, the BOARD shall give the AUTHORITY a reasonable amount of additional time within which to cause the violation(s) to be corrected. Without limitation, the BOARD may also seek appropriate injunctive relief against the AUTHORITY and/or any sublessee to compel compliance with this Subsublease Agreement. In the event of a termination pursuant to the provisions of this paragraph 6(b) the BOARD or its designee shall be substituted for the AUTHORITY as lessor of the subleases under the same terms and conditions as the original subleases, provided that the sublessee is not in default under the terms of its sublease. 7. Cessation of Existence. Insolvency. In the event that the AUTHORITY shall cease to exist, whether by virtue of an act of the Legislature or otherwise, or in the event that the AUTHORITY shall become and be declared to be insolvent by a court of competent jurisdiction, the BOARD, at its option, shall be entitled to terminate this Subsublease Agreement upon written notification thereof to the AUTHORITY. 8. Nondisturbance and Attornment. In the event that the BOARD shall, when it is so entitled hereunder, elect to terminate this Subsublease Agreement at any time prior to the expiration of the full term hereof, the BOARD or its designee shall be substituted for the AUTHORITY as the lessor under all subleases then in effect, in which "8" event, neither the BOARD nor such designee shall disturb the tenancy of any non-defaulting sublessee of the AUTHORITY, provided that and so long as each sublessee shall continue performance of its obligation under its sublease and attorn to the BOARD or such designee of BOARD, pursuant to Paragraph 8 of this Subsublease Agreement. In order to effectuate the intent of this paragraph, the BOARD agrees to enter into aNon-disturbance, Recognition and Direct Leasing Agreement, in the form attached hereto as Exhibit "B", with each subtenant and with the AUTHORITY. 9. Taxes and Insurance. The AUTHORITY shall obtain and, at all times during the term hereof, maintain public liability insurance, in such amount or amounts as shall be mutually acceptable to the BOARD and the AUTHORITY, covering all activities conducted upon the ADDITIONAL PARK LANDS, naming the BOARD as an insured and, additionally, the AUTHORITY shall indemnify and save and hold the BOARD harmless from and against any and all liability, claims, judgments and damages which may result from the development and use of the ADDITIONAL PARK LANDS by the AUTHORITY and its sublessees and the activities thereon of their respective agents, employees, guests or invitees. It is expressly provided, however, that the AUTHORITY may elect to fulfill its obligation hereunder by requiring, pursuant to appropriate provisions in each of its subleases, that each of its sublessees provide such public liability insurance in amounts mutually acceptable to the BOARD and the AUTHORITY and naming the BOARD and the AUTHORITY as additional insureds. The AUTHORITY, agrees to assume all responsibility for liabilities that accrue to the ADDITIONAL PARK LANDS or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed .,9~ and levied against the ADDITIONAL PARK LANDS during the effective period of this Subsublease Agreement. 10. Expiration. Upon the expiration of the term of this Subsublease Agreement, including any renewal term, or upon its earlier termination, for whatsoever reason, all improvements upon the ADDITIONAL PARK LANDS shall become and be the property of the BOARD and title thereto shall forthwith vest in the BOARD. 11. Board Inspection. The BOARD or its duly authorized agents shall have the right at any time to inspect the ADDITIONAL PARK LANDS and the works and operations thereon of the AUTHORITY in any matter pertaining to this Subsublease Agreement. 12. Parties Bound. The covenants and agreements herein contained shall bind and inure to the benefit of the parties and their respective heirs, successors, administrators and assigns. 13. Senior Leases. This Subsublease Agreement is contingent upon and an express condition precedent to the efficacy of this Subsublease Agreement is the satisfaction of all requirements to further subsubleasing of the ADDITIONAL PARK LANDS by the BOARD pursuant to the TIITF/UF/IFAS Lease and the OF/IFAS to School Board Sublease, including, but not limited to, the written approval of the TIITF and OF/IFAS, as set forth in Paragraph 31 of the OF/IFAS to School Board Lease. " 10'" IN TESTIMONY WHEREOF, the lawfully designated agents of the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY and the TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY have hereunto subscribed their names and have caused their official seals to be hereunto affixed, on the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: ATTEST: Charles Grande, Chairman (OFFICIAL SEAL) Clerk of the Circuit Court of St. Lucie County, Florida Approved as to Form and legality by: County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Charles Grande, Chairman of the Board of County Commissioners of St. Lucie County, Florida, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed the same on behalf of said Board for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2010. NOTARY PUBLIC " 11 `" Expires: IN TESTIMONY WHEREOF, this Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE MY Commission day of , 2010. TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY By: Kathleen McGinn, Ph.D. Its Chairperson of the Board I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Kathleen McGinn, Ph.D., Chairperson, of TREASURE COAST EDUCATION RESEARCH AND DEVELOPMENT AUTHORITY, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that she executed the same on behalf of said Authority for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2010. NOTARY PUBLIC My Commission Expires: "12" Consented to by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida on the day of , 2010. By: Gloria C. Barber, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection Approved as to Form and Legality By: DEP Attorney "13V Consented to by the University of Florida Board of Trustees this _ day of , 2010. UNIVERSITY OF FLORIDA BOARD OF TRUSTEES By: Ed Poppell Vice President Business Affairs University of Florida Date: Approved: BY: Jack Payne Date Senior Vice President, Agriculture and Natural Resources University of Florida Approved as to form and legality: BY: Kristina Raattama Date Associate General Counsel Office of the Vice President and General Counsel State of Florida County of Alachua The foregoing instrument was acknowledged before me this _ 2010 by Jack Payne (personally known to me or who produced _ identification), as Senior Vice President, Agriculture and Natural University of Florida. (NOTARY STAMP) day of , as Resources of the Signature of Notary Public "14v Print Name: Expires: No.: Notary Public-State of Florida My Commission Commission EXHIBIT "A~ LEGAL DESCRIPTION ("ADDITIONAL PARK LANDS") The North ~h of Section 15, Township 35 South, Range 39 East, St. Lucie County, Florida; less and except those portions thereof utilized for road right-of-way purposes; and less and except those portions thereof lying west of the Florida Turnpike. The Northwest 1/4 of Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida; less and except those portions thereof utilized for road right-of-way purposes; less and except that certain real property subleased to St. Lucie County. Florida, and described in OR Book 1139, page 1708, St. Lucie County Records; less and except an approximately 27 acre tract of land described as the westerly 1273.00 feet of the southerly 996.73 feet of the Northwest 1/4 of Section 14, Township 35 South, Range 39 East; and subject to that certain gas transmission easement of record in OR Book 172, page 1859, St. Lucie County Records. The ADDITIONAL PARK LANDS are identified on the diagram attached hereto as Exhibit A-I. '" 15'" EXHIBIT "B" NON-DISTURBANCE, RECOGNITION AND DIRECT LEASING AGREEMENT AGREEMENT made the day of 2010, by and among the Board of County Commissioners of St. Lucie County, Florida, a body politic and corporate, organized under the laws of the State of Florida ("Board"); the Treasure Coast Education, Research and Development Authority, a body politic and corporate, organized under the laws of the State of Florida (the "Authority"), acting herein on behalf of itself and the State of Florida; and (the "Subtenant") WITNESSETH: WHEREAS, the Board, by Subsublease dated as of , 2010, ("Lease") subsubleased to the Authority certain property in St. Lucie County, Florida, described in Exhibit A of said Lease, for a term and ending as set forth therein, unless sooner, terminated as therein provided; and WHEREAS, the Board is the subtenant of said leased property, and of the entire Landlord's interest in said Lease and has full authority to execute and deliver this Agreement; and WHEREAS, the Lease has been at all times since its commencement date, and is now, in full force and effect and, to the best knowledge of the Board, no default has occurred therein either in the payment of rent or in the performance of any other covenant or condition to be performed by the Authority thereunder; and WHEREAS, the Authority has entered into and delivered to Subtenant, a sublease dated as of (the "Sublease") notice of which is recorded in Official Records Book at Page of the Public Records of St. Lucie County, Florida, "16" covering that portion of the premises demised in the Lease which is described as follows: See Exhibit "A" attached hereto ("Premises"). for a term commencing on and expiring ,unless sooner terminated as therein provided; and WHEREAS, a copy of said Sublease has been delivered to the Board in accordance with the provisions of the Lease; the parties hereto desire to assure that Subtenant's tenancy of the Premises under the Sublease and the tenancy of any Subtenant's sub-sublessee (hereinafter, a "Sub-sublessee") are not disturbed, irrespective of any default under or any termination of the Lease; Subtenant is willing to attorn to the Board as provided in this Agreement; the parties wish to provide to Subtenant and its Sub-sublessees certain rights as provided herein to obtain a direct lease of the Premises from the Board under certain conditions; and the parties wish to provide for the other matters hereinafter set forth; NOW, THEREFORE, in consideration of the Premises and of the mutual undertakings herein, the parties hereto mutually covenant and agree as follows: 1. NOTICES FROM THE AUTHORITY TO SUBTENANT AND SUBTENANT'S RIGHTS TO CURE: The Authority agrees to notify Subtenant of any notice or demand under the terms of the Lease received by the Authority from the Board relating in part or in whole to the Premises or affecting said Premises. The Authority further authorizes Subtenant, subject to the following provisions of this Paragraph 1, to take all action as Subtenant, in Subtenant's reasonable discretion, may deem necessary or desirable (in order to protect or preserve its rights or interests under the Sublease) to cure any default by the Authority " 17'" under the Lease and to respond, remedy or provide in any other way respecting the subject matter of any such notice from the Board. Subtenant shall, prior to taking any such action, notify the Authority of Subtenant's intention to take such action hereunder, and Subtenant shall defer to any such intended action by the Authority so long as Subtenant is reasonably satisfied that such action or other equivalent steps are being or will reasonably by taken by the Authority. Any such action taken by Subtenant hereunder shall be without any liability, cost or expense to the Authority (except as other undertakings and agreements between the Authority and Subtenant may specifically so provide and except for such liability and expense that the Authority would have been required to incur to prevent the occurrence of the default). Subtenant shall have no duty to take any such action and its failure to take any such action shall not alter or diminish the agreements and obligations of the Board hereunder. 2. THE BOARD RECOGNIZES SUBTENANT'S RIGHT TO CURE: The Board agrees, with respect to Subtenant's payment of any obligation or performance of any covenant, agreement, term or condition of the Lease relating in part or in whole to or affecting the Premises, that such payment or performance will not be rejected or refused for any reason whatsoever, and Subtenant will be recognized by the Board as having the right to make such payment or to perform under the Lease as provided in this Agreement. 3. APPROVAL OF SUBLEASE BY THE BOARD: NON-DISTURBANCE AND RECOGNITION OF SUBTENANT ON ANY TERMINATION OF THE LEASE: The Board hereby approves the Sublease. The Board agrees that to the extent that consents or approvals of the Board need be obtained or that certain matters or things are to be done to the satisfaction of the Board either under the Lease or the '" 18" Sublease, the Board agrees (whether or not it has at the time become a party to the Sublease) to act upon requests for such consents and approvals and expressions of satisfaction in good faith and with reasonable promptness (but in any event within the time periods, if any, provided for in the Lease or Sublease) and not to unreasonably withhold its consent or approval or expressions of satisfaction, except where it is permitted to do so by the terms of the Lease or Sublease. The Board agrees that if the Lease should at any time be terminated or cancelled because the Authority shall cease to exist, whether by virtue of an act of the Legislature or otherwise, or by reason of the bankruptcy, insolvency or receivership of the Authority or its successors or assigns or for any other reason whatsoever, Subtenant shall not be disturbed in its tenancy or in its use, occupation and enjoyment of the Premises, but the Sublease shall be continued in effect, for the full balance of its original term, as a direct lease between the Board, as Landlord, and Subtenant, as Tenant, on the same terms, provisions, covenants and agreements now contained in said Sublease and, subject to the continued lien or liens, without change in the priority thereof, of any mortgage, lien or encumbrance (hereinafter, a "Mortgage" and the holder of any such Mortgage, a "Mortgagee") of the Sublease interest then outstanding. The Board agrees that, in the event of such termination or cancellation of the Lease, it will recognize and accept Subtenant as its direct tenant under and pursuant to the terms of said Sublease and the Sublease shall, without further action by any of the parties, automatically become a direct lease between the Board, as landlord, and Subtenant, as tenant. Subtenant agrees that, in such event of termination or cancellation of the Lease, it will attorn to, recognize and accept the Board, or its designee, as its direct Landlord, as aforesaid. v19V 4. RIGHTS OF MORTGAGEES TO OBTAIN NEW LEASE: (a) The parties specifically recognize and agree that if the Lease shall terminate for any reason, then the Board shall enter into a new lease of the Premises with the first Mortgagee of the Authority's interest, if any, on the same terms and conditions set forth in the Lease, provided that such new lease shall not affect the interest of the Subtenant, any Sub-sublessee or Subtenant Mortgagee (as hereinafter defined) which shall survive and be applicable to said new lease. (b) The parties specifically recognize and agree that if the Sublease shall terminate for any reason, then the Authority shall enter into a new lease of the Premises with the first Mortgagee of the Subtenant's interest, if any, on the same terms and conditions set forth in the Sublease, provided that such new lease shall not affect the interest of the Sub-sublessee or any other Subtenant Mortgagee which shall survive and be applicable to said new lease. (c) The parties specifically recognize and agree that if any sub-sublease of the Premises (hereinafter, a "Sub-sublease") shall terminate for any reason, then the Subtenant (if the Sublease has not been terminated), the Authority (if the Sublease but not the Lease has been terminated) or the Board (if the Lease and the Sublease have been terminated) shall enter into a new lease of the Premises with the first Mortgagee of the Sub-sublessee's interest, if any, on the same terms and conditions set forth in the Sub-sublease. Notice of any termination shall be given to the Sub-sublessee in accordance with the requirements of its Sub-sublease. (d) The right of a Mortgagee of the Authority to obtain a new lease from the Board pursuant to Paragraph 4(a) of this Agreement shall be prior to the right of the Subtenant or any Sub-sublessee to obtain a direct lease from the Board on -the same `"20v terms and conditions contained in the Sublease or applicable Sub-sublease, as the case may be, pursuant to this Agreement. The right of a Mortgagee of the Subtenant to obtain a new lease from the Authority pursuant to Paragraph 4(b) of this Agreement shall be prior to the right of any Sub-sublessee to obtain a direct lease on the same terms contained in its Sub-sublease from the Authority pursuant to this Agreement. Where the context permits, references to the Lease, the Sublease and any Sub-sublease contained in this Agreement shall be deemed to include any new lease granted pursuant to this paragraph. 5. NOTICE, ETC., TO SUBTENANT MORTGAGEES: Upon and following receipt by the Board of written notice of the recording of any Mortgage on the interest of the Subtenant and/or any Sub-sublessee (hereinafter, a "Subtenant Mortgage") and of the name and address of the owner and/or holder of such Mortgage (hereinafter, a "Subtenant Mortgagee"), and thereafter while such Subtenant Mortgage is outstanding, whether held by the original Mortgagee thereunder or its successors or assignees, the Board agrees as follows: (a) As Landlord under the Lease, it shall give to any such Subtenant Mortgagee at the same time as given to the Authority, a copy of any notice given to the Authority under the Lease, and such notice shall be effective only if a copy thereof is so given to such Subtenant Mortgagee. The Board agrees to accept performance by such Subtenant Mortgagee of any covenant, agreement or obligation of the Authority contained in the Lease with the same force and effect as though performed by the Authority. (b) The Board shall not accept a voluntary surrender or termination of the Lease or a division of the Lease into one or more separate leases, nor shall the Board "21" further amend said Lease, without in each instance receiving the specific written approval of each Subtenant Mortgagee, and it is agreed by the Board and the Authority that any such voluntary surrender or termination, or any such division and any such amendment, without such written approval of each Subtenant Mortgagee, shall be void and of no force and effect. (c) The Board and/or the Authority shall from time to time provide to Subtenant, any Sub-sublessee, and any Subtenant Mortgagee, or the designees of any such party promptly (but in no event more than ten (10) days after the Board's or the Authority's receipt of written request therefor) an estoppel certificate setting forth the existence or nonexistence of known defaults under the Lease and any other matters germane to the Lease or this Agreement or to the financing or transfer of the Lease, the Sublease, or any Sub-sublease, which may reasonably be requested by Subtenant, any Sub-sublessee, or any Subtenant Mortgagee. (d) The provisions of this Paragraph 5 are for the benefit of any Mortgagee of the tenant's interest under the Sublease and/or the Sub-sublessee's interest under any Sub-sublease and may be relied upon and shall be enforceable by any Subtenant Mortgagee. 6. CONTINUATION OF SUB-SUBLEASES: The Board hereby agrees that Subtenant and/or any Sub-sublessee, may freely sublet the Premises and that the construction of improvements and the use and occupation thereof may be by Subtenant or any Sub-sublessee, or any tenant of any such Sub-sublessee, provided that all applicable terms, covenants and conditions of the Senior Leases and Paragraph 3 and Paragraph 9 of this Lease (but only to the extent such terms, covenants and conditions relate to the specific leasehold interest demised under "22" the Sublease, Sub-sublease or sublease of the Sub-sublessee's interest) are incorporated (whether by reference or otherwise) into the sublet agreements. Failure to so incorporate shall render any such sublet agreement null and void as against the Board. Except to the extent expressly provided to the contrary in any Sub-sublease entered into by Subtenant, as landlord, and any Sub-sublessee, as tenant, the termination of the Lease or the Sublease or any direct lease of the Premises arising pursuant to any provision of this Agreement shall not diminish the rights of any Sub-sublessee as long as such Sub-sublessee shall (i) perform all of its obligations under its Sub-sublease, and (ii) shall attorn to the Board or any successor to Subtenant's interest. The foregoing shall not affect the priority of the assignment of any such Sub-sublease(s) in connection with any Mortgage of the Sub-sublessee's interest under the Sublease or any such direct lease. The Board agrees that if the Lease and the Sublease should, at any time be terminated or canceled for any reason whatsoever, any Sub-sublessee shall not be disturbed in its tenancy or its use, occupation and enjoyment of any portion of the Premises subject to such Sub-sublease, but the Sub-sublease shall be continued in effect, for the full balance of the original term, as a direct Lease between the Board, as Landlord, and the Sub-sublessee, as Tenant, on the same terms, provisions, covenants and agreements as contained in the Sub-sublease at such time, and, subject to the continued lien or liens, without change in the priority thereof, of any Subtenant Mortgage of the Sub-sublessee's interest then outstanding. The Sub-sublessee shall in all such events attorn to, recognize and accept the Board, or its designee, as its direct Landlord, as aforesaid. Notwithstanding the right of termination set forth in Paragraph 6 of the Lease, any Sub-sublease shall be terminated only pursuant to the terms of such Sub-sublease. v23" 1. APPROVAL OF THE CONCEPTUAL PLAN OF DEVELOPMENT: The Conceptual Plan of Development has been approved as required by the Lease. 8. LIMITATION ON BOARD'S OBLIGATIONS: Notwithstanding anything to the contrary contained herein, if the Board becomes the direct Landlord under the Sublease and/or any Sub-sublease (a) it shall have no liability or responsibility for any default or failure to pertorm by any prior Landlord or on account of any obligations of the Landlord pursuant to the Sublease and/or any Sub-sublease which have accrued prior to the time the Board becomes such direct Landlord, and (b) the Sublease and/or any Sub-sublease shall not be deemed to include any amendments or modifications made after the date hereof which were not or are not approved in writing by the Board either before- or after it becomes such Landlord; (c) notwithstanding the payment of Rent to any party other than the Board for any future period other than the current quarter or the immediately succeeding quarter, Rent shall be paid to the Board pursuant to the Sublease or any sub-sublease for all periods subsequent to the current quarter and the immediately succeeding quarter. (Rent shall be paid to the Board pursuant to the Sublease or sub-sublease for any portion of the current quarter and the immediately succeeding quarter for any portion thereof which the Subtenant orsub-sublessee has not paid such rent to a previous landlord); and (d) under no events whatsoever shall the Board as direct Landlord under the Sublease and/or any Sub-sublease have any affirmative duties, obligations, and/or responsibilities other than the duties, obligations, and/or responsibilities of the Board as Landlord pursuant to the Lease, specifically, the Board shall have no duty, obligation and/or responsibility to return any deposit or portion of any deposit the Board has not actually received or to make any " 24`" monetary payments whatsoever for obligations of the Landlord pursuant to the Lease Agreement, Subleases, or Sub-subleases in question prior to the date the Board becomes the Landlord with the specific exception of any payments that were received by the Board, and/or to effectuate any construction duties, obligations and/or responsibilities except in the event of casualty or condemnation in which event, the Board shall have no duty, obligation, and/or responsibilities the reasonably anticipated cost of which shall exceed the proceeds of any insurance policy received relative to such casualty or the amount of any condemnation award or amount paid in lieu thereof and in the event of any such casualty or condemnation, subject to the terms hereof, the duties, obligations, and/or responsibilities of the Board relative to any such construction shall be in accordance with and pursuant to the terms and provisions of the then governing lease documentation by and between the Board and the subject tenant. 9. CONDEMNATION/EMINENT DOMAIN In the event of the taking of the Premises or any portion thereof by condemnation or eminent domain, the Board, the Authority, the Subtenant and any Sub-sublessee shall be entitled to receive such portion of the award or settlement attributable to the value of their leasehold estate and any improvements constructed by them. 10. SEPARATE TAX LOT Upon the request of any Sub-sublessee or Subtenant Mortgagee, the Board, the Authority and Subtenant shall cause the portion of the Premises leased to such Sub-sublessee or encumbered by the Mortgage of such Subtenant Mortgagee to be assigned a separate tax lot, folio or strap designation so that such portion of the Premises shall be assessed for real estate tax purposes separately from any other portion of the " 25`" Premises. 11. SUCCESSORS AND ASSIGNS: This Agreement is binding upon and shall inure to the benefit of the Board, the Authority, Subtenant, any Sub-sublessee, any Subtenant Mortgagee and the respective successors and assigns of each such party and may not be modified except by an instrument in writing executed by all such parties or their respective successors or assigns. Without limitation of the foregoing, the term "Subtenant", as used herein, shall mean, as of any time, the owner at such time of the Subtenant's interest in the Sublease and the term "Sub-sublessee" as used herein, shall mean, as of any time, the owner at such time of any Sub-sublessee's interest in any Sub-sublease. Without limitation of the foregoing, the Authority agrees that any transfer, assignment, pledge or encumbrance of its interest as Landlord under the Sublease shall be made subject to the provisions of this Agreement. This provision shall be deemed to be a part of any such mortgage. 12. NO MERGER: No union of the interests of the Landlord and Tenant under the Lease shall result in a merger of the Lease in the fee interest, or otherwise effect the Lease or Sublease or any Sub-sublease. 1. TITLES NOT DEFINITIVE: The titles of Paragraphs in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Agreement. 2. CONFLICT CONSTRUCTION OF DOCUMENTS: In the event of any conflict between the provisions of this Direct Leasing " 26 `" Agreement and the Lease, the provisions of this Direct Leasing Agreement shall control. " 27" IN TESTIMONY WHEREOF, the lawfully designated agents of the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, the TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY, and first above written. have hereunto subscribed their names as of the day and year BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY By: Its Chairman of the Board ATTEST: Clerk of the Circuit Court of St. Lucie County, Florida Approved is to Form and legality by: County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Chairman of the Board of County Commissioners of St. Lucie County, Florida, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed the same on behalf of said Board for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 20_. NOTARY PUBLIC Expires: My Commission v28" TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE By: Its Chairperson of the Board I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Chairperson, of TREASURE COAST EDUCATION RESEARCH AND DEVELOPMENT AUTHORITY, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed the same on behalf of said Authority for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2010. NOTARY PUBLIC My Commission Expires: '"29" Signature a Florida Print Name By: Signature Print Name STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared of to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that she executed the same on behalf of said for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2010. NOTARY PUBLIC Expires: `"30" My Commission EXHIBIT "A" LEGAL DESCRIPTION H:\LIBRARY\04\23829\Sub Files Point System\04-23829.09\Docs\SubsubLeaseAgreement.060310.wpd "31" _. e , . ,~ COUNTY F L O R I D A --- AGENDA REQUEST ITEM NO. VI-C1 DATE: 10/05/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin ~~y~.p~ SUBMITTED BY: Office of Management & Budget/Purchasing Director ~ 1'~ SUBJECT: Supervisor of Elections Advance Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-8191-599080-800 Supervisor of Elections PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Supervisor of Elections request for 25 percent ($589,852) of the total FY 2010-2011 budget and thereafter, 6.82 percent per month. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Dan McIntyre Other ( ) Other (Name) (X) 1 Sop is Holt (Name) Office of Management ~~~= r ,= & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director ~~/ DATE: October 5, 2010 SUBJECT: Supervisor of Elections Advance Request ITEM NO. VI-C1 Background: As provided by Section 129.202, Florida Statutes, the Supervisor of Elections has requested an advance in the amount of $589,852 (see attached letter from Supervisor of Elections). Per the statutes, "the Supervisor of Elections shall requisition and the board shall pay that officer, at the first meeting in October of each year, 25 percent of the total amount budgeted for the office and, thereafter on the first of each month, 6.82 percent of the total amount budgeted for the office". Recommendation: Board approval of the Supervisor of Elections request for 25 percent ($589,852) of the total FY 2010-2011 budget and thereafter, 6.82 percent per month. o _ - g~ -~ =- Supervisor of Elections _` St. Lucie County SoR of e~ 4132 Okeechobee Road • Fort Pierce, FL 34947-5412 • (772) 462-1500 • Fax (772) 462-1439 TO: SHARON BOUTON ASSISTANT FINANCE DIRECTOR FROM: GERTRUDE WALKER, CFS ~~~ SUPERVISOR OF ELECTIONSi~t~~ ``__ __ Q~~/! DATE: SEPTEMBER 24, 2010 SUBJECT: BUDGET ALLOCATION As in previous years, I am requesting 25 percent ($589,852.00) of the total (2010 - 2011) budget amount for the Supervisor of Elections office. I am requesting, on the first of each month, the remaining to be prorated, and paid. Thank you, and if you have any questions or require any additional information please do hesitate to contact me. I am requesting the 25 percent to be within the first month's (October) operating monies from the Board. 250 N.W. Country Club Drive Port St. Lucie, Florida 34986 (772) 871-5410 Fax (772) 871-5323 1664 S.E. Walton Road Port St, Lucie, Florida 34952 (772) 337-5623 Fax (772) 337-5626 www.slcelections.com e-mail: electionsQsicelections.com Statutes & Constitution :View Statutes :Online Sunshine Page 1 of 2 Select Year: 2010 (Go The 201o Florida Statutes Title XI Chapter 129 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY ANNUAL Chapter RELATIONS BUDGET 129.202 Budget of supervisor of elections; matters related to allocation, expenditure, etc., of amounts in budget.- (1)(a) The supervisor of elections shall requisition and the board of county commissioners shall pay that officer, at the first meeting in October of each year, 25 percent of the total amount budgeted for the office and, thereafter on the first of each month, 6.82 percent of the total amount budgeted for the office. However, if there are unusual or unanticipated expenses in any one month, upon notification by the supervisor of elections, the board shall transfer the necessary amount, except that the total amount paid during the year shall not, without appropriate amendments, exceed the total budgeted for the year. (b) The appropriation shall be transferred into a special account set up in the name of the supervisor of elections, and the clerk of the court acting as the clerk of the board of county commissioners shall draw checks or warrants thereon for payment of all expenses requisitioned by the supervisor of elections. Atl salaries shall be supported by payrolls, and all expenses paid shall be supported with bills approved by the supervisor of elections. Should the supervisor of elections desire, he or she may have the monthly allocation for the office of the supervisor of elections deposited directly into an official bank or depository trust account for the supervisor of elections and draw his or her own checks thereon for payment of budgeted expenditures authorized by law. All fees, commissions, and other funds collected by the supervisor of elections shall be deposited directly into the supervisor of elections' special account established under this subsection. (c) Regardless of whether the supervisor of elections draws checks or warrants for the office of the supervisor of elections or allows the clerk to handle that function, the supervisor of elections may have a revolving petty cash fund established for payment of small cash outlay items by cash, check, or warrant. The revolving petty cash fund shall be reimbursed from time to time upon the presentation of vouchers and receipts substantiating disbursements from the fund. (d) If the supervisor of elections draws the checks or warrants for the office of the supervisor of elections, he or she shalt keep the necessary budget accounts and records and shall charge all paid bills and payrolls to the proper budget accounts. If the clerk draws the checks for the office of the supervisor of elections, this responsibility shall remain with the clerk. A reserve for contingencies, or any part thereof, may be transferred to any of the budget accounts in the discretion of the supervisor of elections. (e) Alt expenses incurred in the fiscal year for which the budget is made shall be vouchered and charged to the budget for that year. To carry out the purpose of this budgeting provision, the books may be held open for 30 days after the end of the year. http://www.le~.state.fl.us/Statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App... 9/23/2010 Statutes & Constitution :View Statutes :Online Sunshine Page 2 of 2 (f) All unexpended balances at the end of each fiscal year shall be refunded to the board of county commissioners and deposited to the county fund or funds from which payment was originally made. (2) The independence of the supervisor of elections shalt be preserved concerning the purchase of supplies and equipment; the selection of personnel; and the hiring, firing, and setting of salaries of such personnel; however, nothing herein contained shall restrict the operation of any lawfully established county civil service system. History.-ss. 2, 4, ch. 82-202; s. 39, ch. 83-217; s. 830, ch. 95-147. Copyright ©1995-2010 The Florida Legislature • Privacy Statement • Contact Us httn://www.le~.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 9/23/2010 r CONCURRENCE: Faye W. Outlaw, MPA County Administrator DATE: 10/05/10 AGENDA REQUEST Coordination/Signatures OMB Budget Analyst PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director ~~ SUBJECT: Tax Collector Advance Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Funds PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Tax Collector's request for an October commission advance in the amount of $675,000 for FY 2010-2011. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X ) Other ( ) ~~. Dan McIntyre (Name) Other ITEM NO. VI-C2 REGULAR (X ) Sophia olt (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 5, 2010 SUBJECT: Tax Collector Advance Request ITEM NO. VI-C2 Background: As provided by Florida Statutes, Section 192.102(1), "...at the first meeting of such board each month from October thru July of each year, on demand of the county tax collector, an amount equal to one-twelfth of the commissions on county occupational and beverage licenses paid to the tax collector in the preceding fiscal year ...", the Tax Collector has requested an advance in the amount of $675,000 (see attached letter from the Tax Collector) for the month of October. Recommendation: Board approval of the Tax Collector's request for an October commission advance in the amount of $675,000 for FY 2010-2011. r BOb DaV15, CPA, CGFO, CFC St. Lucie County Tax Collector P.O. Box 308 Fort Pierce, Florida 34954-0308 Website: www.tcslc.com Email: taxcollector@tcslc.com FORT PIERCE County Administration Bldg. 2300 Virginia Avenue Fort Pierce, FL 34982-5632 (772)462-1650 Fax (772) 462-2101 Shai Francis, Finance Director Clerk of the Circuit Court 2300 Virginia Avenue Fort Pierce, FL 34982 4 GoLtt'c ~O M. V.. '/' u.q a ~~« Lw l GC?E CO September 10, 2010 Re: Commission Advance of $675,000.00 Dear Shai: PORT ST. LUCIE 1664 SE Walton Road Suite 101 Port St. Lucie, FL 34952-7656 (772) 462-1650 Fax (772) 337-5624 Please consider this letter a request for the October commission advance for my office as provided by Section 192.102, Florida Statutes. The amount I am requesting is $675,000.00. The advance is based on a portion of the commission on the county taxes levied and occupational licenses collected for the prior year in accordance with the referenced statues above. I would appreciate if the advance could be delivered to my office on or before October 8, 2010. Sincerely, 1, /~.~-~ Bob Davis, CPA, CGFO, CFC St Lucie County Tax Collector BD/cl . _- ~_ L~tr.. REAL ESTATE AND PERSONAL PROPERTY TAXES MOTOR VEHICLES, VESSELS & MOBILE HOMES ALARM PERMITS HUNTING, FISHING & TRAPPING LICENSES LOCAL BUSINESS TAX RECEIPTS TOURIST DEVELOPMENT TAX Statutes & Constitution :View Statutes :Online Sunshine Page 1 of 1 ~' Select Year: 2010 The 2oio Florida Statutes Go Title XIV Chapter 192 TAXATION AND FINANCE TAXATION: GENERAL PROVISIONS View Entire Chapter 192.102 Payment of property appraisers' and collectors' commissions.- (1) The board of county commissioners and school board of each county shall advance and pay to the county tax collector of each such county, at the first meeting of such board each month from October through July of each year, on demand of the county tax collector, an amount equal to one-twelfth of the commissions on the county taxes levied on the county tax roll for the preceding year and one- twelfth of the commissions on county occupational and beverage licenses paid to the tax collector in the preceding fiscal year. To demand the first advance under this section, each tax collector shall submit to the board of county commissioners a statement showing the calculation of the commissions on which the amount of each advance is to be based. (2) On or before November 1 of each year, each tax collector who has received advances under the provisions of this section shall make an accounting to the board of county commissioners and the school board, and any adjustments necessary shall be made so that the total advances and commissions paid by the board of county commissioners and the school board shall be the amount of commissions earned. At no time within the year shall there be paid by the board of county commissioners and the school board more than the total advances due to that date or the commissions earned to that date, whichever is the greater. Nothing contained herein shall be construed to abrogate any law providing a salary for the tax collector or require the tax collector to accept the benefits of this section. (3) The Chief Financial Officer shall issue to each of the county property appraisers and collectors of taxes, on the first Monday of January, April, July, and October, on demand of such county property appraisers and collectors of taxes after approval by the Department of Revenue, and shall pay, his or her warrant for an amount equal to one-fourth of four-fifths of the total amount of commissions received by such county property appraisers and collectors of taxes or their predecessors in office from the state during and for the preceding year, and the balance of the commissions earned by such county property appraiser and collector of taxes, respectively, during each year, over and above the amount of such installment payments herein provided for, shall be payable when a report of errors and double assessments is approved by the county commissioners and a copy thereof filed with the Department of Revenue. History.-s. 7, ch. 70-243; s. 22, ch. 73-172; s. 1, ch. 74-234; s. 1, ch. 77-102; s. 968, ch. 95-147; s. 3, ch. 96-397; s. 173, ch. 2003-261. Note.-Consolidation of provisions of former ss. 192.101, 192.114, 192.122. Copyright ©1995-2010 The Florida Legislature • Privacy Statement • Contact Us httn://www.le~.state.fl.us/Statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App... 9/23/2010 ~~'` AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI1~ DATE: October 5, 2010 REGULAR [ ] PUBLIC HEARING CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Code Enforcement Case No. 65098 - 3307 Delaware Avenue, Fort Pierce, FL -Unsightly and Unsanitary Conditions BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the board authorize a 30 day notice be sent to the Property owners ordering them to remove the unsightly and unsanitary matters on the Property or St. facie County will have it abated, including, but not limited to, removing the unserviceable vehicles, rugs, tarps, mattresses and other miscellaneous items and place a lien on the Property. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ]DENIED [ ]OTHER: - - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Aoorovals [X] County Attorney: Daniel 5. McIntyre [X] Code Compliance Manager i~~~ /Y1onaC5a~tpnlre ~ Robin Meyer INTER-0FFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 10-1186 DATE: October 5, 2010 SUBJECT: Code Enforcement Case 3307 Delaware Avenue, Fort Pierce, FL -Unsightly and Unsanitary Matters BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 3307 Delaware Avenue (the "Property") in Fort Pierce and have exhausted all avenues to gain compliance. The Property was cited by Code Enforcement on July 8, 2002 in Case No. 14019. The Property was found to be in violation of Section 1-9-19 St. Lucie County Code and Compiled Laws, Abandoned Property, Unserviceable Vehicles. It was requested that the owner remove or repair any unserviceable vehicles on the property. When the vehicles were not removed or repaired, a fine was placed on the Property and a lien was recorded in the public records of St. Lucie County. The Propertywas brought back to the St. Lucie County Code Enforcement Board onJanuary 6, 2010 in Case No. 62838 for a violation of Section 1-9-19, Abandoned Property, Unserviceable Vehicles of the St. Lucie County Code and Compiled Laws; Section 8.00.01, Accessory Uses and Structures, Section 8.00.03(F), Particular Permitted Accessory Structures, Section 8.02.02, Particular Temporary Uses Permitted, and Section 7.10.14(A), Commercial Vehicles and Semi-Trailers ofthe St. Lucie County Land Development Code. Because the violations continued to exist, the owner was fined $250/day with a maximum find not to exceed $5,000 until the violations were either abated or the fine paid. The lien was recorded in the public records of St. Lucie County. On July 7, 2010 in Case No. 65098, the Property was found to be in violation of Section 1-9-19 St. Lucie County Code and Compiled Laws, Abandoned Property, Unserviceable Vehicles. The violator was given until August 6, 2010 to abate the violation by removing the outside storage of items and materials such as mattresses, appliances, tarps, rugs, interiorfurniture and other miscellaneous items. On September 1, 2010, the Property continued to be in violation and the St. Lucie County Code Enforcement Board issued the following orders: (A) St. Lucie County Code Enforcement Board Order Imposing Fine/lien -the Board ordered the Violator to pay $250 per day for each day the violation continues beginning August 7, 2010 (see Order attached as Exhibit "A"). (B) The Board ordered staff to notify the Board of County Commissioners that the violation presents a serious threat to the public health, safety and welfare and request authorization to make all reasonable repairs, which are required to bring the Property into compliance (see Order attached as Exhibit "B"). The violations continue to exist and a neighbofiood group has formed requesting action because of their health and safety concerns over the volume of debris in the yard. The neighbors have stated that the junk, trash and debris, including rugs, tarps, mattresses and other miscellaneous items have created a public health safety and unsanitary nuisance on this Property. (See photographs attached as Exhibit "C"). Section 1-2-25(a) Penalty for failure to comply with order states " ... In addition, if the violation is a violation described in Section 1-2-22(c) of this Code, the enforcement board will notify the Board of County Commissioners, which may make all reasonable repairs, which are required, to bring the Property into compliance and charge the violator with the reasonable cost of the repairs ... " Chapter 67-1998, Laws of Florida, Section 5 finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, will be kept free from debris or any other matter which by reason of physical conditions or other peculiar characteristic might cause damage to life or property within the immediate area surrounding the same. If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth of materials, including, unserviceable vehicles, rugs, tarps, mattresses and other miscellaneous items, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommendsthatthe Board authorize a 30day notice be sentto the Propertyowners ordering them to remove the unsightly and unsanitary matters on the Property or St. Lucie County will have it abated, including, but not limited to, removingthe unserviceable vehicles, rugs, tarps, mattresses and other miscellaneous items and place a lien on the Property. Respectfully submitted, KMS/cb Encl. HM[Md~N1~mo-KMS-3307 Ddwrir~.wpd '~~/ Katherine Mackenzie-Smith Assistant County Attorney N TICE To: Gregory Glafenhein 3307 Delaware Avenue Fort Pierce, FL 34947 Property: 3307 Delaware Avenue, Fort Pierce, FL As the owner of record of the property above described, you are hereby notified that the St. Lucie County Board of County Commissioners of St. Lucie County, Florida, on Tuesday, October S, 2010 determined that a public nuisance exists upon such property, because your lot is in an unsightly and unsanitarycondition,causedbyovergrownvegetation,unserviceabl~vehicles,rugs, tarps,mattressesand other miscellaneous items. You are hereby notified that you must abate this nuisance within thirty (30j days. ff you fail to abate the nuisance, the Board of County Commissioners will have it done and the cost thereof will be levied as an assessment against your property. If you desire to be heard by the St. Lucie County Board of County Commissioners on this matter, please contact the St. Lucie County Attorney's Office at 2300 Virginia Avenue, Fort Pierce, Florida 34982; 772-462-1441 and you will be scheduled to appear at the November 2, 2010 Board of County Commissioners meeting at 6:00 pm or as soon thereafter as possible, in the Commission Chambers, Third Floor of the County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. THIS NOTICE DATED AND EXECUTED and dated this 5th day of October, 2010. Board of County Commissioners of St. Lucie County, Florida S:\ATiY\Code EnforcemerR\Noticr3307 Delswarc.wpd ST. LUCIE COUNTY CODE ENFORCEMENT BOARD FINDINGS OF FACT, CONCLUSION OF LAW, AND ORDER CASE N0.65098 GREGORY GLAFENHEIN THIS CAUSE came on for a Violation Hearing before the St. Lucie County Code Enforcement Board ("Board") on 7~' day of July, 2010, after due notice to the Violator, Gregory Glafenhein, the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issues its Findings of Fact, Conclusion of Law, and Order as follows: A. FINDINGS OF FACT: There is outside storage of items and materials such as mattresses, appliances, tarps, interior furniture, and other miscellaneous items on the property located at 3307 Delaware Ave., Ft. Pierce, FL on property described as: PALM VISTA PARK S/D N 1/2 OF LOT1-LESS DELAWARE AVE R/W AS IN MAP BOOK 1 PAGE 113- (0.97 AC) (OR 1406-1469; 2253- 896: 3025-1291) as recorded in the Public Records of St. Lucie County. B. CONCLUSION OF LAW : Section 1-9-19 of the St. Lucie County Code and Compiled Laws provides that no person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned, or accumulated any abandoned property on private property in the unincorporated areas of the county unless such abandoned property is stored in an enclosed structure or at an authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate, or permit or cause to be thrown, discarded, placed, abandoned, or accumulated any abandoned property, garbage, trash, junk or debri on private property in the unincorporated areas of the county except at a solid ~ waste disposal facility which is operated, maintained or approved by the Board. m _ Q x W Since the Violator has permitted and outside storage of items and materials such as mattresses, appliances, tarps, interior furniture, and other miscellaneous items to be on the property. described above, Section 1-9-19 of the St. Lucie County Code and Compiled Laws has been violated. C. ORDER: Based on the findings of fact and conclusion of law set out above, this Board determines that the Violator must abate the violation by removing the outside storage of items and materials such as mattresses, appliances, tarps, interior furniture, and other miscellaneous items on the property described above by August 6, 2010 .Unless the violation is properly abated by August 6, 2010 ,this Board may levy a fine not to exceed two hundred fifty and 00/100 ($250.00) dollars per day for each day the violation continues. Any Violator requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary within thirty (30) days of the date of this order. DONE AND ORDERED this 7`h day of July, 2010. ATTEST: ~l~f~ s DE ENFORCEMENT BOARD SECRETARY ST. LUCIE COUNTY CODE ENFORCEMENT BOARD BY• ~ ` CHAI APPROVED AS TO FORM AND CORRECTNESS: COD ENFO CEMENT BOARD ATTORNEY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Gregory Glafenhein 3307 Delaware Ave. Ft. Pierce, FL 34947 (~u~,..~ BODE ENFORCEMENT BOARD SECRETARY dkw ST. LUCIE COUNTY CODE ENFORCEMENT BOARD REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CASE N0.65098 GREGORY GLAFENHEIN THIS CAUSE came on for a Fine Hearing before the St. Lucie County Code Enforcement Board ("Board") on the 1 ~` day of September, 2010, after due notice to the Violator, Gregory Glafenhein. As Gregory Glafenhein, did not appear for the hearing, and the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issued its Order Imposing Fine/Lien as follows: Based upon the testimony of the Code Enforcement Staff, this Board determines that the violation of Section 1-9-19, Abandoned Property, Unserviceable Vehicles, Etc., of the St. Lucie County Code and Compiled Laws continues to exist on the property located at 3307 Delaware Ave., Ft. Pierce, FL on property described as: PALM VISTA PARK S/D N 1/2 OF LOT1-LESS DELAWARE AVE R/W AS IN MAP BOOK 1 PAGE 113- (0.97 AC) (OR 1406- 1469; 2253-896: 3025-1291) as recorded in the Public Records of St. Lucie County, presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lucie County Board of County Commissioners of the conditions. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code EXHIBIT -I I.J // Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. DONE AND ORDERED this 1 ~` day of September, 2010. ATTEST: ST. LUCIE COUNTY CODE ENFORCEMENT BOARD 1,~, S BY: ODE ENFORCEMENT BOARD CHAIRMAN SECRETARY APPROVED AS TO FORM AND CORR~EC~TNE/SSA: ~./~117~ CODE ENFORCEMENT BOARD ATTORNEY I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Order Imposing Fine/Lien in this case. 3 CO E ENFORCEMENT BOARD CRETARY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Gregory Glafenhein 3307 Delaware Ave. Ft. Pierce, FL 34947 \~~~ , E ENFORCEMENT BOARD SECRETARY dkw "EXHlBiT ,~ ~ ~ ,; ~. r~ a",4; :~~i `-a'~= ~.~"_ i 1 -~ ~~ AG NDA REQUEST ITEM NO. Y~~~ _ _ _ DATE: October 5, 2010 - ~~ _ ~ REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUB CT: Resolution No. 10-259 Authorizing Issuance of Not Exceeding $50,000,000 in Special Assessment Improvement Funding and Reimbursement Agrcemcnts (Energy Financing Program) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the 6onrd odopt Ruolution No. 10- 259 cad authorise the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: pQ APPROVED [ ]DENIED [ ]OTHER: -'j~ -~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approwls Coun Attorne : ~ Management ~ Budget Purchasing: tY Y Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ ~~ COUNTY F L O R I D A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-1240 DATE: September 27, 2010 SUBJECT: Resolution No. 10-259 Authorizing Issuance of Not Exceeding X50,000,000 in Special Assessment Improvement Funding and Reimbursement Agreements (Energy Financing Program) BACKGROUND: The County Bond Counsel has recommended that the County validate the issuance of not exceeding $50,000,000 of special assessment improvement funding and reimbursement agreements (energy financing program). The purpose of the validation, if authorized, would be to validate the County's ability to proceed with voluntary special assessments for renewable energy improvements and energy conservation and efficiency improvements under the PACE legislation which was adopted by the 2010 Florida Legislature. Bond counsel also intends to address the FHFA (Fannie Mne/ Freddie Mnc) issues pertaining to PACE in the validation proceeding. Attached to this memorandum is a copy of Resolution No. 10-259 as prepared by the County's Bond Counsel. This Resolution would authorize the issuance of not exceeding $50,000,000 in one or more series of special assessment improvement funding and reimbursement agreements. The funding and reimbursement agreements woulod be entered into between the County and n lending entity (such as a bank or the Solar and Energy Loan Fund of St. Lucie County (SELF)) and would provide for (1) the establishment of one or more revolving lines of credit with which to pay the costs associated with energy conservation and efficiency improvements and renewable energy improvements, (2) the repayment of amounts drawn on the lines from the proceeds of voluntary special assessments imposed against the real property benefitted by such improvements, and (3) reimbursement to the County for amounts advanced in furtherance of the energy financing program. The authorized dollar amount anticipates a high level of interest in the financing program from qualified property owners, though the total principal balance outstanding nt any point in time may be considerably lower depending on actual demand. The resolution approves the form of funding and reimbursement agreement and provides for the adoption of supplemental series resolutions approving the financing terms and conditions applicable to each series of funding and reimbursement agreements. The Resolution also designates SELF ns program administrator with primary responsibility for administering the Energy Financing Program and authorizes the County's Bond Counsel to institute validation proceedings on behalf of the County. The County's Bond Counsel will attend the meeting and be available for questions. RECOMMENDATION/CONCLUSION Staff recommends that the Board adopt Resolution No. 10-259 and authorize the Chairman to sign the Resolution submitted, Daniel 5. McInty County Attorney OSM/caf Attachments RESOLUTION NO.10- 259 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $50,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF SPECIAL ASSESSMENT IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENTS (ENERGY FINANCING PROGRAM), IN ONE OR MORE INSTALLMENTS, TO FINANCE THE COST OF QUALIFYING IMPROVEMENTS INCLUDING ENERGY CONSERVATION AND EFFICIENCY IMPROVEMENTS, AND RENEWABLE ENERGY IMPROVEMENTS; AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE FINANCING AGREEMENTS WITH PROPERTY OWNERS PROVIDING FOR THE FINANCING OF SUCH QUALIFYING IMPROVEMENTS AND THE PROPERTY OWNER'S CONSENT TO THE IMPOSITION OF SPECIAL ASSESSMENTS; PROVIDING FOR THE REPAYMENT OF ADVANCES UNDER A SPECIAL ASSESSMENT IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT (ENERGY FINANCING PROGRAM) FROM THE PROCEEDS OF THE SPECIAL ASSESSMENTS; AUTHORIZING ENGAGEMENT OF THE SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC. TO PROVIDE SERVICES RELATED TO ADMINISTRATION OF THE ENERGY FINANCING PROGRAM; AUTHORIZING VALIDATION OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida (the "Board") as follows: ARTICLE I AUTHORITY, DEFINITIONS AND FINDINGS Section 1.01. Authority for this Resolution. This Resolution of St. Lucie County, Florida (the "County") is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, County Ordinance No. 10-025 (the "Ordinance"), Section 1-19-.18 Code of Ordinances of St. Lucie County, Florida, Section 163.08, Florida Statutes (the "Act"), and other applicable provisions of law. Section 1.02. Definitions. Unless the context otherwise requires, the capitalized terms used in this Resolution shall have the meanings specified in this Section. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Administration Agreement" means the agreement between the County and the Program Administrator setting forth the terms and conditions pursuant to which the Program Administrator will administer the Energy Financing Program. "Advance" means a draw under the revolving line of credit contemplated hereunder to pay an Energy Financing Program Cost. "Assessed Property" means real property subject to an Energy Special Assessment pursuant to a Financing Agreement which is specially benefitted by alleviating energy consumption burdens described in the Act, by the acquisition, construction and financing of one or more Qualifying Improvements. "Chairman" means the chair of the Board. "County Administrator" means the chief administrative officer of the County, or his or her designee. "County Attorney" means the chief legal officer of the County, or his or her designee. "Energy Financing Program" means the program established by the County in the manner authorized by law, including the Act, to issue Special Assessment Funding Agreements, enter into Financing Agreements with Property Owners providing for the funding, financing and repayment of Qualifying Improvements through the levy of Energy Special Assessments, and to pledge the proceeds from the Energy Special Assessments to repayment of the Special Assessment Funding Agreements; together with all reasonable and necessary actions or undertakings of any kind necessary or required to implement and administer such program. ' Energy Financing Program Costs means all costs associated with the Energy Financing Program contemplated hereunder, including but not limited to the provision of funds with which to finance Qualifying Improvements pursuant to Financing Agreements; accounting and legal fees and expenses; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors, third party administrators, and consultants; administrative expenses; interest on the Special Assessment Funding Agreements for a reasonable period of time after the date of their delivery; reasonable reserves for the payment of debt service with respect to the Special Assessment Funding Agreements; such other expenses as may be necessary or incidental to the financing authorized by this Resolution and to the establishment of the Energy Financing Program; and reimbursement to the County for any sums expended for the foregoing purposes in anticipation of the issuance of the Special Assessment Funding Agreements. "Energy Special Assessments" or "Special Assessments" means the non-ad valorem assessments levied pursuant to the Ordinance and the Act and documented with a Financing Agreement satisfying the requirements of the Act. "Financing Agreement" means the agreement authorized hereunder and by the Act (specifically including section 163.08(4) thereof) between the County and a Property Owner providing for the funding to finance Qualifying Improvements and the imposition of an Energy Special Assessment against Assessed Property. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Holder" or "Holders" means the counterparty to the County under any Series of Special Assessment Funding Agreement issued hereunder. 2 "Permitted Investments" means investments permitted by the County's written investment policy and applicable law. "Pledged Revenues" means (1) the Energy Special Assessments, (2) the money on deposit in the funds and accounts created herein, and (3) Investment Earnings. "Program Administrator" means the County's designee for purposes of administering the Energy Financing Program. "Property Owner" means, collectively, all of the record owners of real property subject to a Financing Agreement. "Qualifying Improvement" means the energy conservation and efficiency improvements, and renewable energy improvements as described in and authorized by section 163.08(2)(b), Florida Statutes (2010). "Series" means each series or installment of a Special Assessment Funding Agreement issued pursuant to a Series Resolution. "Series Pledged Revenues" means, with respect to a Series, (a) the Series Special Assessments, (b) the moneys on deposit in the Series Subaccounts in the Funds and Accounts, and (c) the Series Investment Earnings. "Series Resolution" means the supplemental resolution providing for the execution, delivery and issuance of a particular Series of Special Assessment Funding Agreement for the purposes of financing Energy Financing Program Costs. "Series Special Assessments" means the Special Assessments specifically pledged to secure payments due under a specified Series of Special Assessment Funding Agreement. "Special Assessment Funding Agreement" means each Special Assessment Improvement Funding and Reimbursement Agreement (Energy Financing Program) entered into by the County and a Holder in installments or Series. "State" means the State of Florida. Section 1.03. Findings. It is hereby ascertained, determined and declared that: (A) The County is anon-charter county and political subdivision of the State, duly organized and operating under the Constitution and the laws of the State. (B) The State has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation. (C) Home and business energy consumption accounts for approximately 70% of the overall usage of electric energy. (D) The State of Florida has adopted a schedule for increasing the energy performance of buildings subject to the Florida Energy Efficiency Code for Building Construction Chapter 553, F.S. 3 (E) There exists a vast quantity of existing structures with many years of remaining life before replacement, and these structures are not nearly as energy efficient as typical newly constructed buildings, nor do many existing buildings have renewable energy systems installed to provide some or all of their electric energy needs. (F) A significant contributor to statewide and county greenhouse gas emissions is the inefficient use of energy by existing building stock. (G) Installing energy efficiency and renewable energy improvements on existing structures can reduce the burdens resulting Erom fossil fuel energy production, including greenhouse gas reductions and increased energy conservation. (H) The actions authorized by the Act, section 1-19-18, Code of Ordinances of the County and this Resolution, including the financing of Qualifying Improvements through the execution of Financing Agreements and the related imposition of an Energy Special Assessment are reasonable and are necessary for the prosperity and welfare of the State, the County and to their property owners and inhabitants. (I) Reductions in greenhouse gas emissions will in all reasonable likelihood contribute to improved air quality, lower fossil fuels use, energy independence and security, promote the creation of jobs and economic development by stimulating "green industries" and save consumers money by reducing energy consumption. Q) Facilitating the provision of Qualifying Improvements, the funding, and the repayment by Property Owners of Energy Special Assessments not only will relieve burdens emanating from and provide benefits to Assessed Property in terms of increased value, use and enjoyment, but will serve the public interest by preserving and protecting the environment and promoting smart and local economic activity. (K) Existing homeowners and business property owners may be highly leveraged on their properties and/or the current housing market may prevent property owners from financing Qualifying Improvements with traditional equity financing options. (L) The expected life of energy efficiency and renewable energy Qualifying Improvements may require alonger-term cost recovery period than offered by traditional equity financing may afford necessitating an alternative financing option to pay the costs to install the Qualifying Improvements while sharing the costs of the Qualifying Improvements over the useful life of the Qualifying Improvements. (M) The availability of an Energy Financing Program and the participation in the program by Property Owners will provide an alternative financing option to finance and repay the costs to install Qualifying Improvements. (N) The County is willing to provide financing to a Property Owner who participates in the Energy Funding Program through non-ad valorem assessments levied on the property pursuant to the Act and to be collected pursuant to Chapter 197, F.S., as such financing minimizes risk of failure for non-payment and provides a more efficient, fair and cost effective means of enforcement of any Energy Special Assessment to both the Property Owner and the County. 4 (O) The County anticipates having options to raise capital to fund the program through the issuance of Special Assessment Funding Agreements, federal or state grant funds, private loans from a financial institution, state or federal loan or bond guarantee programs or other private or not-for-profit sources of funds. (P) Local governments within Florida and nationally have either formed, or are contemplating the establishment of financing programs to provide alternative financing ' options allowing a Property Owner to finance energy efficiency and renewable energy improvements through non-ad valorem assessments repaid in conjunction with their property taxes. (Q) The County finds that local needs and conditions warrant the establishment of the Energy Financing Program as a direct means to implement its energy efficiency and renewable energy goals. (R) The Ordinance authorizes the County to take advantage of the alternatives, additional and supplemental non-ad valorem assessment provisions, and due process procedures created by section 163.08, Florida Statutes, to provide for energy conservation and efficiency improvements, and renewable energy improvements. (S) It is necessary and in the interest of the health, safety, and welfare of the County and its inhabitants that the County establish the Energy Financing Program. The County is authorized pursuant to the provisions of the Act to undertake the Energy Financing Program. (T) The County is without adequate, currently available funds to establish the Energy Financing Program, and it is necessary and desirable and in the public interest that it borrows the moneys necessary for such purpose, and secure repayment thereof by the Pledged Revenues comprised of proceeds and derived from the Energy Special Assessments. (U) The Pledged Revenues are not pledged or encumbered to pay any other debts or obligations of the County; nor shall the County be obligated to pay or underwrite any Special Assessment Funding Agreement or any payment due thereunder from any source other than the Pledged Revenues. (V) The Pledged Revenues are estimated to be sufficient to pay all amounts due under each Special Assessment Funding Agreement and to make all other payments required to be made hereunder. (W) The payments due under each Special Assessment Funding Agreement shall be limited obligations of the County and, except as otherwise provided herein, shall be payable from and secured solely by a pledge of and lien on the Pledged Revenues. Neither the County, nor the State of Florida or any political subdivision thereof or governmental authority or body therein, shall ever be required to levy ad valorem taxes to pay any amount due under any Special Assessment Funding Agreement, and each Special Assessment Funding Agreement shall not be secured by a lien upon any property owned by or situated within the County other than the Pledged Revenues in the manner provided herein. Section 1.04. Resolution to Constitute Contract. In consideration of the acceptance of each Special Assessment Funding Agreement authorized to be executed and delivered hereunder by those who shall be the Holders of the same from time to time, this resolution shall be deemed to be and shall constitute a contract between the County and such Holders. The covenants and agreements herein set forth to be performed by the County shall be for the equal benefit, protection and security of the Holders of any and all of such Special Assessment Funding Agreement, all of which shall be of equal rank and without preference, priority or distinction of any of Special Assessment Funding Agreement over any other thereof, except as expressly provided therein and herein. [Remainder of Page Intentionally Left Blank] b ARTICLE II AUTHORIZATION OF ENERGY FINANCING PROGRAM AND EXECUTION OF FINANCING AGREEMENTS; AUTHORIZATION OF ISSUANCE OF ENERGY FINANCING BONDS Section 2.01. Authorization of Energy Financing Program. The Board, through the Ordinance, has previously designated all property within the County as eligible to participate in the County's Energy Special Assessments authorized by the Ordinance and the Act, and does hereby specifically confirm the authorization and establishment of the Energy Financing Program in order to implement the Act. The Board hereby specifically ratifies and affirms all actions previously taken in furtherance of the Energy Financing Program. This Resolution is intended to constitute the subsequent resolution described in section 1-19-.18, Code of Ordinances of St. Lucie County, Florida. Section 2.02. Financing Agreements. The County Administrator is hereby authorized to enter into Financing Agreements with Property Owners on behalf of the County. The Financing Agreement shall be in compliance with and satisfy the requirements of the Act, shall clearly set forth the agreement and consent of all owners of any property to the levy of an Energy Special Assessment, and acknowledge satisfaction of any notice and due process requirements necessary to render the Special Assessments valid and enforceable. The text of Financing Agreements shall address and include all requirements of the Act with such insertions and variations as may be necessary and desirable, as same are authorized or permitted by the Act, this Resolution, or by subsequent resolution or resolutions adopted prior to the execution thereof, and as may be necessary to reflect the characteristics of any particular installment or series of Special Assessment Funding Agreements. Each Financing Agreement shall be recorded in the Official Records of the County as required by the Act. Section 2.03. Authorization of Special Assessment Funding Agreements. Subject and pursuant to the provisions of this Resolution, obligations of the County to be known as "Special Assessment Improvement Funding and Reimbursement Agreement (Energy Financing Program)," in one or more series, are hereby authorized to be issued, initially as taxable obligations, in an aggregate principal amount on original issuance of not exceeding $50,000,000 for the purpose of financing the Energy Financing Program Costs, provided, however, that the County reserves the right to issue additional Special Assessment Funding Agreements on a parity with the Special Assessment Funding Agreements herein authorized in the event demand for Energy Special Assessments exceeds $50,000,000. Each Special Assessment Funding Agreement is intended to constitute an issuance of a certificate of debt within the meaning of section 75.02, Florida Statutes. Section 2.04. Description of Special Assessment Funding Agreements. The Special Assessment Funding Agreement shall be designated by a Series designation; shall be in such denominations or maturity amounts; shall be dated; shall bear interest at not exceeding the maximum rate allowed by law payable on such dates; shall mature on the first day of such month, in such years, and such amounts; all as shall be determined by a Series Resolution to be adopted by the County at or prior to the time of sale of any Series of Special Assessment Funding Agreement. 7 Each Special Assessment Funding Agreement shall be issued as a revolving line-of-credit obligations in a nominal principal amount not to exceed the amount authorized by Section 2.03 hereof and shall bear interest only on such amounts as are actually advanced by or on behalf of the Holder as funds are provided for the payment of Qualifying Improvements to be financed by an Energy Special Assessment. Section 205. Form of Special Assessment Funding Agreements. The text of the Special Assessment Funding Agreement shall be in substantially the form of Exhibit A attached hereto, with such omissions, insertions, and variations as may be necessary and desirable, and as may be authorized or permitted by this resolution or by subsequent resolution or resolutions adopted prior to the issuance thereof, and as may be necessary to reflect the characteristics of any particular installment of Special Assessment Funding Agreements. Section 2.06. Series Resolutions. The County shall adopt one or more Series Resolutions setting forth the specific terms and conditions applicable to each respective Series of Special Assessment Funding Agreements, and shall specify in such Series Resolution, the maximum principal amount of such Series, the payment dates and interest rates applicable to such Series, the debt service reserve requirement for such Series, if any, and the paying agent and registrar, if any, for such Series. The Series Resolution may also specify any additional terms and conditions applicable to such Series, including but not limited to the redemption provisions applicable to such Series. (Remainder of Page Intentionally Left Blank] 8 ARTICLE III COVENANTS OF THE COUNTY; SECURITY FOR SPECIAL ASSESSMENT FUNDING AGREEMENTS; EVENTS OF DEFAULT; REMEDIES Section 3.01 Covenants Of The County. So long as any of the Special Assessment Funding Agreements shall be outstanding, or until (a) there shall have been set apart in the Debt Service Fund and accounts therein, a sum sufficient to pay when due, the entire principal amount of the Special Assessment Funding Agreements remaining unpaid, together with the premium, if any, with respect thereto and the interest accrued and to accrue thereon, or (b) provision for payment of the Special Assessment Funding Agreements shall have been made in accordance with the provisions hereof, the County covenants with the Holders as follows: (A) Financing Agreements. The County shall comply with all requirements of the Act pertaining to execution and enforcement of Financing Agreements. (B) Books and Records; Annual Audit. The County will keep books and records of the Pledged Revenues, in which complete and correct entries shall be made in accordance with generally accepted accounting principles applicable to governmental entities, of all transactions relating to the Pledged Revenues; any Holder shall have the right at all reasonable times to inspect all books, records, accounts and data of the County relating thereto. The County shall, within one hundred and eighty (180) days after the close of each Fiscal Year (or such other date as shall be specified by State law), cause the books, records and accounts of the County for such preceding Fiscal Year to be properly audited by independent certified public accountants, and the County shall mail upon written request, and make available generally, the audit report, or a reasonable summary thereof, to any Holder. (C) Perfection of Special Assessments. The County will take such actions as are necessary for the lawful levy of the Energy Special Assessments against all lands and properties specially benefitted by the acquisition, construction and financing of Qualifying Improvements. If any assessment made with respect to any property shall be either in whole or in part annulled, vacated or set aside by the judgment of any rnurt, or if the County shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, the County covenants that it will take all necessary steps to cause a new assessment to be made for the whole or any part of any Qualifying Improvement or against any property specially benefitted by such improvement, to the extent and in the manner provided by law. (D) Collection of Special Assessments. The County will collect the Special Assessments in the manner provided in Section 163.08, Florida Statutes. The County will take or cause to be taken all actions necessary to diligently enforce the payment of all of the Special Assessments and all of the installments thereof, interest thereon and penalties therefrom, in the manner prescribed by this Resolution and the laws of the State pertaining thereto. (E) Issuance of Other Debt Obligations Payable Out Of Pledged Revenues The County will not issue any obligations other than the Special Assessment Funding Agreements secured by a lien upon and pledge of the Pledged Revenues, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Special Assessment Funding Agreements and the interest thereon, upon the Pledged Revenues. Any obligations secured by a lien upon and pledge of the 9 Pledged Revenues issued by the County other than the Special Assessment Funding Agreements shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Special Assessment Funding Agreements as to lien on and source and security for payment from the Pledged Revenues, and in all other respects. (F) Payment of Special Assessment Funding Agreements. The County will pay from Pledged Revenues, the repayment of any principal advanced thereunder and interest on the Special Assessment Funding Agreement when due. Section 3.02. Security for Special Assessment Funding Agreements. Each Series of Special Assessment Funding Agreements shall be secured forthwith equally and ratably by a pledge of and lien upon the Series Pledged Revenues. The Special Assessment Funding Agreements shall not be or constitute general obligations or an indebtedness of the County as "bonds" within the meaning of the Constitution of Florida, but shall be payable from and secured solely by a lien upon and pledge of the Pledged Revenues as provided herein. No Holder shall ever have the right to compel the exercise of the ad valorem taxing power of the County or taxation in any form of property therein to pay any amount due under any Special Assessment Funding Agreement. The Special Assessment Funding Agreements shall not constitute a lien upon any property of or in the County except the Pledged Revenues in the manner provided herein. Section 3.03. Events of Default; Remedies. The following shall constitute Events of Default: (A) If the County fails to make any payment of principal under any Special Assessment Funding Agreement as the same becomes due and payable; (B) If the County defaults in the performance or observance of any covenant or agreement contained in this Resolution or the Special Assessment Funding Agreements (other than as set forth in (a) above) and fails to cure the same within thirty (30) days; or (C) The filing of a petition by or against the County relating to bankruptcy, reorganization, arrangement or readjustment of debt of the County or for any other relief relating to the County under the United States Bankruptcy Code, as amended, or any other insolvency act or law now or hereafter existing, or the involuntary appointment of a receiver or trustee for the County, and the continuance of any such event for 90 days undismissed or undischarged. Upon the occurrence and during the continuation of any Event of Default, any Holder may, in addition to any other remedies set forth in this Resolution or the Special Assessment Funding Agreements, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by the Issuer or by any officer thereof. [Remainder of Page Intentionally Left Blank] 10 ARTICLE IV ESTABLISHMENT OF FUNDS AND ACCOUNTS; APPLICATION OF BOND PROCEEDS AND PLEDGED REVENUES Section 4.01. Funds and Accounts. (A) Creation. There are hereby created and established by the County the following special Funds and Accounts: a fund designated "Special Assessment Funding Agreement Account" (hereinafter the "Assessment Account"), separate accounts in which shall be established for each Series; the "Special Assessment Funding Agreements Qualified Improvement Fund" (hereinafter, the "Improvement Fund"), separate accounts in which shall be established for each Series, together with any accounts therein; and "Energy Financing Program Administration Fund" (hereinafter the "Administration Fund"). Amounts on deposit in the Improvement Fund shall be used to finance, refinance and/or reimburse Energy Financing Program Costs. Amounts on deposit in the Improvement Fund may be invested in Permitted Investments. The Improvement Fund is a trust fund created for the benefit of the Holders and is subject to a lien in favor of the Holders. Amounts on deposit in the Administration Fund shall be used to pay or reimburse the County for any administration costs incurred in operating the Energy Financing Program or paid pursuant to the Administration Agreement. (B) Maintenance. The designation and establishment of the Funds and Accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of specified Pledged Revenues for certain purposes and to establish certain priorities for application of such specified Pledged Revenues as provided herein and as more particularly provided in any supplemental resolution authorizing a particular Series. Cash and investments required to be accounted for in each of the Funds and Accounts may be deposited in a single bank account, provided that standard accounting records are maintained to reflect control or restricted allocation of the moneys therein for the various purposes of such Funds and Accounts. (C) The foregoing provisions notwithstanding, the Funds and Accounts shall constitute restricted funds for the purposes provided herein and shall be maintained on the books of the County as separate and distinct from all other Funds and Accounts of the County, in the manner provided in this Resolution and in a supplemental resolution authorizing a particular Series. All moneys in such Funds and Accounts shall be rnntinuously secured in the same manner as County deposits are required to be secured by the laws of the State. Series Subacmunts shall be maintained for each Series of Special Assessment Funding Agreements and identified by the appropriate designation, and deposits into the subaccounts for each such Series of Special Assessment Funding Agreements shall be separate and independent from the deposits, if any, into the corresponding Series Subaccount for each other Series of Special Assessment Funding Agreements; provided that moneys on deposit in the Series Subaccount established for a particular Series may be specified by resolution of the County to be available to be used for payments required to be made from the corresponding accounts for any other Series. 11 Section 4.02 Application of Special Assessment Funding Agreement Proceeds. All moneys received from an Advance under any Special Assessment Funding Agreement authorized and issued under the authority of this Resolution shall be disbursed as provided in a subsequent resolution or resolution adopted at or prior to the time of delivery of such Special Assessment Funding Agreements to pay the cost of Energy Financing Program Costs. Section 4.03. Application of Pledged Revenues. For as long as the Special Assessment Funding Agreements of any Series shall be Outstanding or until (a) there shall have been set apart in the Series Subaccounts in the Assessment Account, a sum sufficient to pay when due the reimbursement of the principal of all Advances thereunder and any accrued but unpaid interest on such Series, or (b) provision for payment of the Special Assessment Funding Agreements of such Series shall have been made in accordance with the provisions of this Resolution and the Special Assessment Funding Agreements of such Series are deemed to have been paid and discharged, the County covenants with the Holders of such Series as follows: (A) Application of Special Assessments. All Series Special Assessments shall, immediately upon receipt thereof, be deposited and applied as follows: (1) First, into the Series Subaccount in the Assessment Account to the extent of the payments due on such Series for such year; (2) Second, into the Administration Account to pay any administration expenses incurred to operate the Energy Financing Program or pursuant to the Administration Agreement; (3) Third, to reimburse the County for any advances made for previous deposits into the Series Subaccount in the Debt Service Account or in the Reserve Account therein; and (4) Fourth, into the Series Subaccount in the Assessment Account for the prepayment of amounts due under the related Series. The amounts to be deposited into the Series Subaccount in the Assessment Account shall be adjusted in the months prior to the first Interest Payment Date and prior to any Redemption Date so as to ensure that sufficient funds will be on hand to make the payments then required. Credit shall be allowed against the required deposit amounts prescribed above to the extent of any other funds on deposit and available for such purpose in the applicable Series Subaccount in the Assessment Account, including (i) accrued interest received from the sale of such Series, (ii) capitalized interest provided from the proceeds of such Series and (iii) any Investment Earnings transferred into the Series Subaccount and available for such purposes. The foregoing provisions notwithstanding, no further deposits shall be required to be made into the Series Subaccounts for a Series when (1) there shall be on deposit in the Series Subaccounts in the Assessment Account, an amount of money and Permitted Investments equal to all principal and interest due on the Special Assessment Funding Agreements of such Series to the final maturity thereof, and (2) the County shall have been reimbursed for all sums advanced, if any, to make the required deposits into the Series Subaccount in the Assessment Account and accounts therein. Any moneys remaining in the Series Subaccounts in the Assessment after retirement or provision for payment of all Special Assessment Funding Agreements of any Series shall be used by the County for any lawful purpose related to the providing of any Qualified Improvement. 12 (B) Application of Investment Earnings. (1) Assessment Account. Series Investment Earnings realized in the Series Subaccount in the Assessment Acrnunt for a particular Series shall be retained therein to the extent necessary to provide for the reimbursement of any Advance and the accrued but unpaid interest thereon in the current year and, to the extent of any excess, shall be used to prepay amount due under the respective Series Special Assessment Funding Agreement. (2) Administration Fund. Series Investment Earnings realized in the Administration Fund shall be retained in such Fund. (C) Application of MoneYS on Deposit in Funds and Accounts Moneys on deposit in the Series Subaccounts in the Funds and Accounts shall be used and applied in each year only as follows: (1) Assessment Account. Moneys on deposit in the Series Subaccounts in the Assessment Account shall be applied: (a) First, to pay the interest on the Special Assessment Funding Agreements of such Series coming due during such year; and (b) Second, to pay the principal of the Special Assessment Funding Agreements of such Series maturing in such year, and any prepayments of principal. (2) Administration Fund. Moneys on deposit in the Administration Fund shall be used to pay or reimburse the County for the payment of administration costs incurred under the Energy Financing Program or to pay amounts due under the Administration Agreement. Section 4.04. Investment of Moneys in Funds and Accounts. All moneys on deposit in the Funds and Accounts created hereunder may be invested and reinvested only in Permitted Investments; such Permitted Investments shall mature or be redeemable at par at the option of the County not later than the respective dates when such moneys will be required for the purposes of such Funds and Accounts. [Remainder of Page Intentionally Left Blank] 13 ARTICLE V MISCELLANEOUS PROVISIONS Section 5.01. Pmgram Administration. (A) The County may engage a Program Administrator from time to time for purposes of administering the Energy Financing Program established hereunder. Such Program Administrator shall have primary responsibility for all aspects of the Energy Financing Program, including but not limited to administering the process pursuant to which Property Owners may apply for the financing of Qualifying Improvements, facilitating execution and recording of Financing Agreements, approval of Qualifying Improvements, oversight of private vendors providing construction and installation services for Qualifying Improvements, assignment of any rebates available for the Qualifying Improvements, annual maintenance and certification of assessment rolls, and such other functions or services as may be necessary to the operation and administration of the Energy Financing Program. (B) The County hereby designates the Solar and Energy Loan Fund of St. Lucie County, Inc., a community development financial institution (the "CDFI") as Program Administrator. (C) The County Attorney and County Administrator are authorized and directed to prepare and execute an Administration Agreement with the Program Administrator. (D) Grant funding from the United States Department of Energy or any other source obtained by the County in furtherance of the Energy Financing Program may, in the sole discretion of the County, be distributed to the County and/or Program Administrator as a resource for payment of start-up costs and initial assessment financing needs. Section 5.02. Validation Authorized. The County's bond counsel, with the assistance and advice of the County Attorney, is hereby authorized to institute on behalf of the County validation proceedings in the Circuit Court for St. Lucie County pursuant to the provisions of Chapter 75, Florida Statutes, for validation of the Special Assessment Funding Agreements, the revenues to be pledged for repayment thereof and all matters necessary or incidental thereto. Section 5.03. Sale of Special Assessment Funding Agreements. The Special Assessment Funding Agreements shall be issued and sold at public sale, private placement, or negotiated sale at one time or in installments from time to time and at such price or prices consistent with the provisions of the Act, the laws of the State, and the requirements of this Resolution and a Series Resolution to be adopted prior to the issuance of and Series of Special Assessment Funding Agreements. Section 5.04. Declaration of Official Intent. The County Administrator, with the advice of Bond Counsel, is authorized to execute a "Declaration of Official Intent" with respect to reimbursement to the County of rnsts of the Energy Financing Program expended prior to the issuance of the Special Assessment Funding Agreements. Section 5.05. Authorizing Public Hearing. The County Administrator is hereby authorized to take such actions as may be required by Section 197.3632(3)(a), Florida Statutes, in order to effectuate the process set forth therein providing for collection of the Special 14 Assessments on the annual property tax bill, including but not limited to facilitating the publication of notice. Section 5.06. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this resolution or of the Special Assessment Funding Agreements. Section 5.07. Repealing Clause. All resolutions of the County, or parts thereof, in conflict with the provisions of this resolution are to the extent of such rnnflict hereby superseded and repealed. Section S.OB. Effective Date. This resolution shall take effect immediately upon the final approval hereof. Passed and Adopted by the Board of County Commissioners of St. Lucie County, Florida at a regular meeting duly called and held this day of 2010 ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 15 EXHBIIT A FORM OF SPECIAL ASSESSMENT FUNDING AGREEMENT A-1 SERIES SPECIAL ASSESSMENT IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT (ENERGY FINANCING PROGRAM) Dated as of _ , 20 By and Between ST. LUCIE COUNTY, FLORIDA and TABLE OF CONTENTS (The Table of Contents for this Agreement is for convenience of reference only and is not intended to define, limit or describe the scope or intent of any provisions of this Agreement. P4 ARTICLE I -- DEFINITION OF TERMS ................................................................................................. 2 Section 1.01. Definitions ....................................................................................................................... 2 Section 1.02. Interpretation .................................................................................................................. 4 Section 1.03. Titles and Headings ....................................................................................................... 4 REPRESENTATIONS AND WARRANTIES OF THE PARTIES; CONSENT OF THE BANK ...... 5 Section 2.01. Representations and Warranties of City ..................................................................... 5 Section 2.02. Representations and Warranties of Bank ................................................................... 5 ARTICLE III -- ADVANCES .................................................................................................................... 7 Section 3.01. The Line of Credit; Purpose and Use .......................................................................... 7 Section 3.02. The Loan .......................................................................................................................... 7 Section 3.04. Compliance with Section 215.84, Florida Statutes ..................................................... 8 Section 3.05. Conditions Precedent to Initial Advance .................................................................... 9 Section 3.05. Nature of Obligations under Agreement ................................................................... 9 Section 3.06. Transfer or Assignment of Agreement ..................................................................... 10 ARTICLE IV -- COVENANTS OF THE COUNTY ............................................................................. 11 Section 4.01. Performance of Covenants .......................................................................................... 11 Section 4.02. Payment of Loan .......................................................................................................... 11 Section 4.03. Compliance with Laws and Regulations .................................................................. 12 Section 4.04. Issuance of Other Debt ................................................................................................ I2 Section 4.05. Application of Advances ............................................................................................ 12 ARTICLE V -- EVENTS OF DEFAULT AND REMEDIES ................................................................. 13 Section 5.01. Events of Default .......................................................................................................... 13 Section 5.02. Remedies ....................................................................................................................... 13 Section 5.03. Remedies Not Exclusive ........................................................................... ........ 13 ........... Section 5.04. Waivers, Etc .................................................................................................................. 13 ARTICLE VI -- MISCELLANEOUS PROVISIONS ............................................................................. 15 Section 6.01. Covenants of City, Etc.; Successors ........................................................................... 15 Section 6.02. Term of Agreement ...................................................................................................... 15 Section 6.03. Notice of Changes in Fact ........................................................................................... 15 Section 6.04. Amendments and Supplements ................................................................................. 15 Section 6.05. Notices ........................................................................................................................... 15 Section 6.06. Benefits Exclusive ........................................................................................................ 15 Section 6.07. Severability ................................................................................................................... 16 Section 6.08. Counterparts ................................................................................................................. 16 Section 6.09. Applicable Law ............................................................................................................ 16 Section 6.10. No Personal Liability ................................................................................................... 16 Exhibit A Form of Advance Request .......................................................................................... A-1 ii SERIES SPECIAL ASSESSMENT IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT (ENERGY FINANCING PROGRAM) This SERIES SPECIAL ASSESSMENT IMPROVEMENT FUNDING AND REIMBURSEMENT AGREEMENT (ENERGY FINANCING PROGRAM) (the "Agreement"), is made and entered into this day of . 20 by and between ST. LUCIE COUNTY, FLORIDA (the "County"),apolitical subdivision of the State of Florida, and . a [national banking association/community development financial institution] authorized to do business in Florida, and its successors (the "Holder"). WITNESETH: WHEREAS, capitalized terms used in these recitals and not otherwise defined shall have the meanings specified in Article I of this Agreement or in the Resolution hereinafter defined; and WHEREAS, the County, pursuant to the provisions of the Chapter 125, Part I, Florida Statutes, County Ordinance No. 10-025 (the "Ordinance"), Section 1-19-.18 Code of Ordinances of St. Lucie County, Florida, Section 163.08, Florida Statutes (the "Act's, and other applicable provisions of law, and Resolution No. 2010- adopted by the Board of County Commissioners (the "Board") on .2010 (the "Master Resolution") as supplemented by Resolution No. 20_- (the "Series Resolution," and together with the Master Resolution, the "Resolution"), the County is authorized to enter into Special Assessment Funding Agreements in order to establish a revolving line of credit with which to pay the costs of Qualifying Improvements pursuant to Financing Agreements; and WHEREAS, the Holder has proposed the financing evidenced by this Agreement in accordance with the terms of the proposal of the Holder, dated ZO (the "Commitment"); and WHEREAS, it is estimated that the Pledged Revenues will be available in amounts sufficient to provide for reimbursement of Advances, including the payment of interest thereon; and WHEREAS, the County has accepted the Commitment and the Holder is willing to fund Advances, but only upon the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I DEFINITION OF TERMS Section 1.01. Definitions. Capitalized terms used in this Agreement and not otherwise defined shall have the respective meanings ascribed thereto in the Senior Lien Bond Resolution or as follows: "Act" shall have the meaning assigned to that term in the recitals hereof. "Advance" means a draw under the revolving line of credit contemplated hereunder to pay an Energy Financing Program Cost. "Annual Payment Date" means the 1st day of each (unless not a Business Day, in which case the Annual Payment Date shall be the next succeeding Business Day). "Assessed Property" means each parcel of real property subject to an Energy Special Assessment pursuant to a Financing Agreement which is specially benefitted by mitigating burdens described in the Act, through the acquisition and construction of one or more Qualifying Improvements. "Board" means the Board of County Commissioners acting as the governing body of the County. "Business Day" means any day other than a Saturday, a Sunday, or a day on which the payment office of the Holder is lawfully closed. "Chairman" means the chair of the Board, or in the absence of the chair, the vice-chair. "County Administrator" means the chief administrative officer of the County, or his or her designee. "Energy Financing Program" means the program established by the County in accordance with the Act and the Master Resolution pursuant to which the County is authorized to enter into Special Assessment Funding Agreements, to enter into Financing Agreements with Property Owners providing for the funding, financing and repayment of Qualifying Improvements through the levy of Energy Special Assessments, and to pledge the proceeds from the Energy Special Assessments to repayment of Advances made under Special Assessment Funding Agreements; together with all reasonable and necessary actions or undertakings of any kind necessary or required to implement and administer such program. "Energy Financing Program Costs" means all costs associated with the Energy Financing Program, including but not limited to the provision of funds with which to finance Qualifying Improvements pursuant to Financing Agreements; accounting and legal fees and expenses; 2 expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors, third party administrators, and consultants; administrative expenses; interest on Special Assessment Funding Agreements for a reasonable period of time after the date of their delivery; reasonable reserves for the payment of debt service with respect to the Special Assessment Funding Agreements; such other expenses as may be necessary or incidental to the financing authorized by this Resolution and to the establishment of the Energy Financing Program; and reimbursement to the County for any sums expended for the foregoing purposes in anticipation of execution of Special Assessment Funding Agreements. "Energy Special Assessments" or "Special Assessments" means the non-ad valorem assessments levied pursuant to the Ordinance, the Resolution and the Act and documented with a Financing Agreement satisfying the requirements of the Act. "Event of Default" shall mean an Event of Default as defined in Section 5.01 of this Agreement. "Finance Director" means the County's Finance Director, or his or her designee, or such other County official designated by the County Administrator (which could be the Program Administrator) to provide services as Finance Director under this Agreement. "Financing Agreement" means an agreement between the County and a Property Owner providing for the funding to finance Qualifying Improvements and the imposition of an Energy Special Assessment against Assessed Property. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Holder" shall mean .and its successors and assigns. "Interest Rate" means the rate of interest to be borne on the principal amount of all Advances made hereunder, as adjusted from time to time in accordance with section 3.02 hereof. "Loan" shall collectively refer to the obligation of the County to reimburse amounts equal to the outstanding and unpaid Advances made hereunder, together with unpaid interest which has accrued at the Interest Rate, made under the revolving line of credit contemplated hereunder in the aggregate principal amount of $ granted by the Holder to the County pursuant to and in accordance with this Agreement. "Maturity Date" means the date on which the final reimbursement of Advances, together with all accrued but unpaid interest is made, but in no event later than forty (40) years following the initial Advance hereunder. 3 "Permitted Investments" means investments permitted by the County's written investment policy and applicable law. "Pledged Revenues" shall mean the Series Energy Special Assessments funded through Advances made hereunder. "Program Administrator" means the County's designee for purposes of administering the Energy Financing Program. "Property Owner" means, collectively, all of the record owners of real property subject to a Financing Agreement. "Qualifying Improvement" means the energy conservation and efficiency improvements, and renewable energy improvements as described in and authorized by the Ordinance, Master Resolution, and section 163.08(2)(b), Florida Stahates (2010). "Series Energy Special Assessments" means the proceeds of non-ad valorem assessments received by the County pursuant to Energy Special Assessment levied in accordance with Financing Agreements pertaining to Qualifying Improvements which were funded with Advances under this Agreement. Section 1.02. Interpretation. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. Any capitalized terms used in this Agreement not herein defined shall have the meaning ascribed to such terms in the Resolution. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. Section 1.03. Titles and Headings. The titles and headings of the Articles and Sections of this Agreement, which have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. [Remainder of page intentionally left blank] 4 ARTICLE II REPRESENTATIONS AND WARRANTIES OF THE PARTIES Section 2.01. Representations and Warranties of the County. The County represents and warrants to the Holder as follows: (a) Existence. The County is a political subdivision of the State of Florida, duly created and validly existing under the laws of the State of Florida, with full power to enter into this Agreement, to pledge the Series Energy Special Assessments in the manner and to the extent described herein, to perform its obligations hereunder, including specifically the obligation to reimburse all Advances made hereunder together with interest thereon at the Interest Rate. The making, execution and performance of this Agreement on the part of the County has been duly authorized by all necessary action on the part of the County and will not violate or conflict with the Act or any other provision of law, or any agreement, indenture or other instrument by which the County or any of its material properties is bound. (b) Validi ,Etc. This Agreement and the reimbursement obligations of the County evidenced hereby are and will be valid and binding obligations of the County enforceable against the County in accordance with their respective terms, except to the extent that enforceability may be subject to valid bankruptcy, insolvency, financial emergency, reorganization, moratorium or similar laws relating to or from time to time affecting the enforcement of creditors' rights and except to the extent that the availability of certain remedies may be precluded by general principles of equity. Section 2.02. Representations and Warranties of Holder. The Holder represents and warrants to the County as follows: (a) Existence. The Holder is a [national banking association/community development financial institution], authorized to do business in the State of Florida, with full power to enter into this Agreement, to perform its obligations hereunder and to make the Loan. The performance of this Agreement on the part of the Holder and the making of the Loan have been duly authorized by all necessary action on the part of the Holder and will not violate or conflict with applicable law or any material agreement, indenture or other instrument by which the Holder or any of its material properties is bound. (b) Validi This Agreement is a valid and binding obligation of the Holder enforceable against the Holder in accordance with its terms, except to the extent that enforceability may be subject to valid bankruptcy, insolvency, financial emergency, reorganization, moratorium or similar laws relating to or from time to time affecting the enforcement of creditors' rights (and specifically creditors' rights as the same relate to banks) and except to the extent that the availability of certain remedies may be precluded by general principles of equity. 5 ARTICLE III ADVANCES Section 3.01. The Line of Credit; Purpose and Use. On the date of this Agreement, the Holder shall make available to the County the Loan in the aggregate principal amount of Dollars ($ ). The proceeds of Advances made as part of the Loan from time to time shall be used to pay the costs of Qualifying Improvements 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 Holder's sole discretion and evidenced by a writing executed by the Holder), subject to the terms and conditions of this Agreement, and so long as there exists no Event of Default as defined in Section 5.02 hereof, the Holder agrees to extend to the County a revolving line of credit in an amount not to exceed Dollars ($ ) at any one time outstanding[; provided, however, that in no event shall the aggregate sum of all principal advances made by the Holder to the County hereunder exceed the sum of $ 1. Within such limits and subject to the terms of this Agreement, the County may borrow, repay without penalty or premium, and reborrow hereunder, from the date of this Agreement until the Maturity Date. It is expressly understood and agreed that the Holder shall have no obligation to make an Advance hereunder if the amount of such Advance together with the amount outstanding under the Loan exceeds or would exceed $ If at any time the County is not entitled to any Advances by the terms of this Agreement, the Holder may, in its sole discretion, make requested advances; however, it is expressly acknowledged and agreed that, in such event, the Holder shall have the right, in its sole discretion, to decline to make any requested Advance and to require any payment required under the terms of the Agreement without prior notice to the County and the making of any such Advances shall no# be construed as a waiver of such right by the Holder. Section 3.02. The Loan. The general terms of the Loan shall be as follows: (a) Amount of Loan. The Loan shall have a maximum principal amount equal to _ Dollars ($ ). (b) Interest. The Loan shall bear interest at the Interest Rate. Accrued but unpaid interest on the amount of outstanding and non-reimbursed Advances under the Loan (herein sometimes referred to as the "Principal") shall be payable semi-annually on each 1 and the Annual Payment Date from the interest portion of each respective Series Energy Special Assessment in accordance with the respective Financing Agreement received by the County on each Series Energy Special Assessment, by check mailed to the Holder at the address designated in writing by the Holder for purposes of payment or by bank wire or bank transfer as such Holder may specify in writing to the County or otherwise as the County and 7 the Holder may agree. Interest on the amount of outstanding and non-reimbursed Advances under the Loan shall be computed on the basis of a 360-day year. (c) Principal. The principal amount of each Advance shall be reimbursed on each Annual Payment Date from the principal portion of each respective Series Energy Special Assessment in accordance with the respective Financing Agreement received by the County on each Series Energy Special Assessment since the immediately preceding Annual Payment Date. (d) Advances under the Loan. On or before the Final Maturity Date, the Loan may be drawn upon in multiple Advances under the following terms: (i) each Advance must be requested by the County (an "Advance Request") in writing and executed by the Finance Director, from the Holder, no later than one (1) Business Day prior to such Advance, in substantially the form attached hereto as Exhibit A; (ii) each Advance Request must indicate which Financing Agreement it pertains to; (iii) each Advance Request must state that the County remains in full compliance with the terms of this Agreement, and the agreements which are incorporated herein by reference, that no Event of Default currently exists and that no Event of Default would exist with the passage of time or the giving of notice; (iv) no Advance Request shall be honored after the occurrence of an Event of Default; (v) the conditions set forth in Section 3.04 of this Agreement must have been satisfied prior to the first Advance; and (vi) the Advance must be for Energy Financing Program Costs. (e) Prepayments. The Loan shall be subject to prepayment by the County prior to maturity, [on any date] [on each Annual Payment Date) in an amount equal to prepayments received by the County under any Series Energy Special Assessment, together with any accrued but unpaid interest on the Principal prepaid. Section 3.03. Compliance with Section 215.84, Florida Statutes. The County represents, warrants, and covenants that the Interest Rate, as currently calculated in accordance with Section 215.84, Florida Statutes, is in compliance with Section 215.84, Florida Statutes. 8 Section 3.04. Conditions Precedent to Initial Advance. Prior to or simultaneously with the delivery of the Advance Request hereunder by the County in connection with the initial Advance, there shall be filed with the Holder the following, each in form and substance reasonably acceptable to the Holder: (a) an opinion of counsel to the County to the effect that (i) this Agreement has been duly authorized, executed and delivered by the County and each constitutes a valid, binding and enforceable agreement of the County in accordance with its respective terms, except to the extent that the enforceability of the rights and remedies set forth herein may be limited by bankruptcy, insolvency, financial emergency or other laws affecting creditors' rights generally or by usual equity principles; (ii) the County's execution, delivery and performance of this Agreement is not subject to any authorization, consent, approval or review of any governmental body, public officer or regulatory authority not heretofore obtained or effected, and no taxes are payable in connection therewith; (iii) the execution, issuance and delivery of i this Agreement has been duly and validly authorized by the County, and this Agreement ', constitutes a valid and binding special obligation of the County enforceable in accordance with its terms; (iv) the County (A) is a political subdivision of the State of Florida, and (B) has power ~ and authority to execute and deliver this Agreement and to consummate the transactions contemplated by such instrument; (v) the execution, delivery and performance of this ', Agreement, and compliance with the terms hereof, under the circumstances contemplated hereby, do not and will not in any material respect conflict with, or constitute on the part of the ', County a breach or default under, any indenture, mortgage, deed of trust, agreement or other instrument to which the County or to which its properties are subject or conflict with, violate or ', result in a breach of any existing law, administrative rule or regulation, judgment, court order or consent decree to which the County or its properties are subject; (vi) to the best of such counsel's knowledge, there is no claim, action, suit, proceeding, inquiry, investigation, litigation or other proceeding, at law or in equity, pending or threatened in any court or other tribunal, ~I state or federal (W) restraining or enjoining, or seeking to restrain or enjoin, the issuance, sale, ', execution or delivery of this Agreement, (X) in any way questioning or affecting the validity or !, enforceability of any provision of this Agreement, (Y) in any way questioning or affecting the ', validity of any of the proceedings or authority for the authorization, execution or delivery of !, this Agreement, or of any provision made or authorized for the payment thereof, or (Z) questioning or affecting the organization or existence of the County or the right of any of its I, officers to their respective offices; and (vii) all conditions contained in the ordinances and resolutions of the County precedent to the issuance of this Agreement have been complied with; and (b) such other documents as the Holder reasonably may request. Section 3.05. Nature of Obligations under Agreement. This Agreement is intended to constitute an issuance of a certificate of debt within the meaning of section 75.02, Florida Statutes. 9 Section 3.06. Transfer or Assignment of Agreement. This Agreement may not be transferred or assigned without the express written consent of the County. [Remainder of page intentionally left blank] 10 ARTICLE IV COVENANTS OF THE COUNTY Section 4.01. Performance of Covenants. The County covenants that it will perform faithfully at all times its covenants, undertakings and agreements contained in this Agreement or in any proceedings of the County relating to the Loan. Section 4.02. Payment of Loan. (a) The County covenants that it will promptly pay the principal of and interest on the Loan at the place, on the dates and in the manner provided herein, in accordance with the terms hereof. ', (b) The Loan will be a special obligation of the County secured solely by the Pledged 'i Revenues, and is payable solely from the Pledged Revenues, in the manner and to the extent ', described in Section 4.02(a) hereof. The Loan will not constitute a general debt, liability or obligation of the County or the State of Florida or any political subdivision thereof within the meaning of any constitutional or statutory provision. Neither the faith and credit nor the taxing power of the County or of the State of Florida or any political subdivision thereof is pledged to the payment of the principal of or interest on the Loan and the Holder shall never have the right to compel any exercise of any ad valorem taxing power of the County or of the State of Florida or any political subdivision thereof, directly or indirectly to enforce such payment. The Loan shall not constitute a lien u on an ro r of the Coun ex P y p pe ty ty cept upon the Pledged Revenues in the manner and to the extent described herein. (c) Upon execution hereof, the County will establish an account to be known as the "Series Special Assessment Funding Agreement Account" (the "Assessment Account"). The County will deposit proceeds of the Series Special Assessments into the Assessment Account upon receipt. The Assessment Account shall constitute a trust fund for the benefit of the Holder. Such account shall be continuously secured in the same manner as municipal deposits of funds are required to be secured by the laws of the State of Florida. Moneys on deposit in the Assessment Account created hereunder may be invested pursuant to applicable law and the County's investment policy and shall mature not later than the dates on which such moneys shall be needed to make payments on the applicable interest payment date and Annual Payment Date in the manner herein provided. The securities so purchased as an investment of funds shall be deemed at all times to be a part of the Assessment Account, and the interest accruing thereon and any profit realized therefrom shall be credited to the Assessment Account, except as expressly provided herein, and any loss resulting from such investment shall likewise be charged to said fund or account. 11 Section 4.03. Compliance with Laws and Regulations. The County shall maintain compliance with all federal, state and local laws and regulations regarding the Energy Financing Program. Section 4.04. Issuance of Other Debt. The County is not permitted to incur indebtedness other than the Loan secured by the Pledged Revenues without the prior written consent of the Holder. Section 4.05. Application of Advances. At the time of delivery of each Advance herein authorized, proceeds thereof shall be used to pay the costs of Qualifying Improvements (including any administrative expenses incurred in connection therewith) acquired and constructed pursuant to a Financing Agreement and to reimburse the County for funds advanced in anticipation thereof. [Remainder of page intentionally left blank] 12 ARTICLE V EVENTS OF DEFAULT AND REMEDIES j Section 5.01. Events of Default. The following shall constitute Events of Default: (A) If the County fails to make any payment of principal under any Special Assessment Funding Agreement as the same becomes due and payable; (B) If the County defaults in the performance or observance of any covenant or agreement contained in the Resolution or this Special Assessment Funding Agreement (other than i as set forth in (a) above) and fails to cure the same within thirty (30) days; or ', (C) The filing of a petition by or against the County relating to bankruptcy, reorganization, an angement or readjustment of debt of the County or for any other relief relating to the County under the United States Bankruptcy Code, as amended, or any other insolvency act ', or law now or hereafter existing, or the involuntary appointment of a receiver or trustee for the County, and the continuance of any such event for 90 days undismissed or undischarged. Section 5.02. Remedies . Upon the occurrence and during the continuation of any Event of Default, any Holder may, in addition to any other remedies set forth herein or in the Resolution, '~, either at law or in equity, by suit, action, mandamus or other proceeding in any court of rnmpetent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted or contained herein or in the Resolution, and may enforce and rnmpel the performance of all duties required herein or by the Resolution, or by any applicable statutes to be performed by the Issuer or by any officer thereof. Section 5.03. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Holder is intended to be exclusive of any other remedy or remedies herein provided, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder. Section 5.04. Waivers, Etc. No delay or omission of the Holder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein; and every power and remedy given by this Agreement to the Holder may be exercised from time to time and as often as may be deemed expedient. The Holder may waive any default which, in its opinion, shall have been remedied before the entry of final judgment or decree in any suit, action or proceeding instituted by it under the provisions of this Agreement or before the completion of the enforcement of any other remedy under this Agreement, but no such waiver shall be effective unless in writing and no such waiver shall extend to or affect any other existing or any subsequent default or defaults or impair any rights or remedies consequent thereon. 13 [Remainder of page intentionally left blank] 14 ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.01. Covenants of County, Etc.; Successors. All of the covenants, stipulations, obligations and agreements contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the County to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time, and upon any officer, board, commission, authority, agency or instrumentality to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Section 6.02. Term of Agreement. This Agreement shall be in full force and effect from the date hereof until the Loan and all other sums payable to the Holder hereunder have been paid in full. Section 6.03. Notice of Changes in Fact. Promptly after the County becomes aware of the same, the County will notify the Holder of any default under this Agreement, specifying in each case the nature thereof and what action the County has taken, is taking and/or proposes to take with respect thereto. Section 6.04. Amendments and Supplements. This Agreement may be amended or supplemented from time to time only by a writing duly executed by each of the County and the Holder. Section 6.05. Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given to or filed with the County or the Holder, shall be deemed to have been sufficiently given or filed for all purposes of this Agreement if and when sent by certified mail, return receipt requested: (a) As to the County: [to come] (b) As to the Holder: [to come] Either party may, by notice sent to the other, designate a different or additional address to which notices under this Agreement are to be sent. Section 6.06. Benefits Exclusive. Except as herein otherwise provided, nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation, other than the County and the Holder, any right, remedy or claim, legal or equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all 15 its provisions being intended to be and being for the sole and exclusive benefit of the County and the Holder. Section 6.07. Severability. In case any one or more of the provisions of this Agreement, any amendment or supplement hereto shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, any amendment or supplement hereto, but this Agreement, any amendment or supplement hereto shall be construed and enforced at the time as if such illegal or invalid provisions had not been contained therein, nor shall such illegality or invalidity or any application thereof affect any legal and valid application thereof from time to time. In case any covenant, stipulation, obligation or agreement contained in this Agreement shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation, or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the County to the full extent from time to time permitted by law. Section 6.08. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 6.09. Applicable Law. This Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Florida. Section 6.10. No Personal Liability. Notwithstanding anything to the contrary contained herein, or in any other instrument or document executed by or on behalf of the County in connection herewith, no stipulation, covenant, agreement or obligation of any present or future member of the Board, officer, employee or agent of the County, officer, employee or agent of a successor to the County, in any such person's individual capacity, and no such person, in his or her individual capacity, shall be liable personally for any breach or non-observance of or for any failure to perform, fulfill or comply with any such stipulations, covenants, agreements or obligations, nor shall any recourse be had for the payment of the principal of or interest on the Loan or for any claim based thereon or on any such stipulation, covenant, agreement or obligation, against any such person, in his or her individual capacity, either directly or through the County or any successor to the County, under any rule or law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise and all such liability of any such person, in his or her individual capacity, is hereby expressly waived and released. 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first set forth herein. ST. LUCIE COUNTY, FLORIDA (SEAL) By: .Chairman ~, ATTEST: sy: [Deputy] County Clerk [HOLDER] By: Name: Title: 17 EXHIBIT A FORM OF ADVANCE REQUEST [Holder and address] St. Lucie County, Florida (the "County") does hereby request the following Advance Request made pursuant to the Series Special Assessment Improvement Funding and Reimbursement Agreement (Energy Financing Program) by and between the County and (the "Holder") dated , 20 (the "Agreement"). 1. This advance shall be designated as the "St. Lucie County, Florida Series Special Assessment Improvement Funding and Reimbursement Agreement (Energy Financing Program) -Draw No. _ 2. The principal amount of this advance shall be $ and the advance date shall be _ .The wire instructions for the transfer are as follows: [To Come] 3. The County warrants and represents that (a) it remains in full compliance with the terms of the Agreement and the agreements which are incorporated therein by reference, (b) that no Event of Default under the Agreement currently exists, and (c) that no Event of Default would exist with the passage of time or the giving of notice. 4. Following this advance, the remaining principal amount of advances the County may draw upon pursuant to the requirements of the Agreement is $ Dated (must be at least one Business Day prior to advance) ST. LUCIE COUNTY, FLORIDA By: Name: Title: A-1 AGREEMENT BETWEEN SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC. and ST. LUCIE COUNTY (EECBG) THIS AGREEMENT (the "Agreement") is made and entered into this day of ' , 2010, by and between the Solar and Energy Loan Fund of St. Lucie County, ' Inc., a Florida not-for-profit corporation (hereinafter the "SELF"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). WHEREAS, the County has requested SELF assistance to help fund and administer "The Kicking Kilowatts on the Treasure Coast" program (hereinafter the "Project"). A statement of the project objectives is attached to and incorporated into this Agreement as Exhibit 'A"; and, WHEREAS, the County has applied for and obtained an EECBG grant (the `Grant") from the United States Department of Energy in the sum of two million nine hundred forty-one thousand five ~, hundred and 0/100 ($2,941,500.00) to implement the Project; and, WHEREAS, the County desires to assign its responsibilities under the Grant to SELF; and, WHEREAS, SELF desires to accept assignment of the County's responsibilities under the grant subject to any County oversight; and, WHEREAS, the Project is an appropriate use of Grant funds and furthcr benefits the health, safety and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, ', the parties agree as follows: '~ ARTICLE I. DELIVERY OF FUNDS ' The County shall disburse the Grant funds in the amount of two million nine hundred forty-one thousand five hundred and 00/100 dollars ($2,941,500.00) to SELF for the Project. The County shall disburse such funds to SELF within thirty (30) days after the date of this Agreement 'I ARTICLE II. SELF RESPONSIBILITY FOR GRANT CONDITIONS ', In consideration of the County disbursing Grant funds for the Project, SELF agrees to assume responsibility for complying with all of the terms and conditions of the EECBG Grant Assistant ~~, Agreement (Award No. DE-EE00038I3). A copy of the Grant Assistance Agreement is attached to and incorporated into this Agreement ns Exhibit "B". In the event the Department of Energy demands a s: ~~rn~~r.~eEEMnrr~sEU=.~.pd 1 refund of Grant funds as a result of SELFs failure to comply with such conditions, SELF agrees to pay all funds to the Department of Energy with interest within thirty (30) days after notification by the County of the Department of Energy's refund demand. SELF agrees to keep records insufficient detail for pre-audit and post-audit purposes. ARTICLE III. COVNTY RIGHT OF AUDIT The County specifically reserves the right to audit or contract to audit SELF's use of the Grant funds and to direct or correct a use of Grant funds. ARTIq.E IV. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the last party to this Agreement executes the Agreement and shall continue unless terminated herein. ARTICLE V. TERMINATION This Agreement shall terminate automatically upon completion of the Project and close of the Grant or upon mutual written agreement of the parties. ARTICLE VI. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the SELF: Chris Dzadovsky President SELF 2300 Virginio Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenut Administration Annex Fort Pierce, Florida 34982 With a copy to: XXX or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. s:~~m~~~eMnms~.~d 2 ARTICLE VII. V NUE Any litigation hereunder shall be brought in the applicable state or federal court in St. Lucie County, Florida. ARTICLE VIII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE DC. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE X. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE XI. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XII. ACCESS TO RECORDS Both parties agree to allow either party, the Deportment of Energy or the public, to access all documents, papers, letters or other material made or received in conjunction with the Grant agreement. ARTICLE XIII. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties, There are no promises, terms, conditions or obligations other than those contained herein: and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE XIV. AMENDMENTS The Agreement may only be amended by n written document signed by all parties. s:~~rn~~r~Mnms~.wPd 3 I~ IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by ~' their duly authorized representative(s) on the latest day and year noted below. ~' SOLAR AND ENERGY LOAN FUND OF ATTEST: ST. LUCIE COUNTY, INC. BYc '~ Secretary President ATTEST: Dcputy Clerk Date: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: CouM~r Attorney s:~~rn~~6~Mnn'~.,~e 4