HomeMy WebLinkAbout2013-219 3120130072839
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH , CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2718 PG: 795 Page 1 of 4 11 /14/2013 4 03 PM
This instrument was prepared by or under the
supervision of (and after recording should be returned to) : c
Joseph B . Stanton, Esq .
Broad and Cassel
390 N . Orange Ave .
Suite 1400 (Space reserved for Clerk of Court)
Orlando , Florida 32801
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") dated this 5thday of November, 2013 ,
is made by and between INDIAN RIVER COUNTY, FLORIDA (the "County") and the FLORIDA
DEVELOPMENT FINANCE CORPORATION (the "FDFC") .
WHEREAS, the Legislature of the State of Florida (the "Legislature") adopted the Florida
Development Finance Corporation Act of 1993 (the "Act") ; and
WHEREAS , the Legislature determined that it was necessary, in order to achieve the
purposes of the Act, as amended, to create a special development finance authority to cooperate and
act in conjunction with public agencies of Florida' s state and local governments through interlocal
agreements pursuant to the Florida Interlocal Cooperation Act of 1969, as amended (the "Interlocal
Act"), in the promotion and advancement of projects related to economic development throughout
the State of Florida (the " State") ; and
WHEREAS , the County and the FDFC wish to achieve the purposes set forth in Section
288 . 9602 , Florida Statutes; and
WHEREAS, pursuant to the Act the FDFC was created, with the power to function for any
purposes of the Act within the corporate limits of any public agency once it has entered into an
interlocal agreement with that public agency; and
WHEREAS, the County desires to enter into an interlocal agreement with the FDFC to
allow the FDFC to act within the corporate limits of the County.
NOW, THEREFORE, the County and the FDFC agree as follows .
Section 1 . Authorization to Act
The County and the FDFC agree that the FDFC will have the full right, power and authority
to exercise all powers set forth in the Act within the County ' s corporate limits ; provided, however,
that the Board of County Commissioners of Indian River County reserves the right to consent to
each project to be financed within the jurisdictional limits of the County, and to adopt and amend
policies applicable to obtaining the consent required herein. The County hereby consents to the
4814-5009-5638.3
39753/0042 RMA
issuance by FDFC of its Revenue Bonds (the "Bonds") pursuant to this Interlocal Agreement, the
proceeds of which will be loaned to Allied Fiber, LLC and/or one or more of its affiliates,
subsidiaries or related entities, including without limitation, Allied Fiber-Florida, LLC , for the
purpose of financing or refinancing the acquisition, construction, equipping and development
activities associated with laying and installing fiber optic cable along the east coast of Florida.
Section 2 . Costs and Indebtedness
The FDFC will be solely responsible for all indebtedness , liabilities, costs or expenses of the
FDFC as permitted pursuant to the Act. The County will not be responsible for any indebtedness,
liabilities, costs or expenses of the FDFC . All recording fees relating to the recording of this
Agreement shall be the exclusive responsibility of FDFC .
Bonds, notes or other indebtedness issued by FDFC :
a. will not constitute and will not be construed as a debt, liability, or obligation of
the County, the State or any subdivision thereof,
be will not constitute and will not be construed as a pledge of the faith and credit or
any taxing power of the County or the State or any subdivision thereof; and
co will be limited obligations of the FDFC payable solely from and secured by a
pledge of payments made by the FDFC and other funds provided therefore ;
do will not reference in any context, except for geographic purposes , the political
subdivision of the State known as Indian River County on or within said bond,
note or other form of indebtedness .
Section 3 . Notification to County
OF
The FDFC shall notify the County Administrator and the County Economic Development
Council within twenty (20) days of receipt of an application for financing pursuant to the Act for
projects located in the County .
Section 4 . FDFC Operations
The FDFC will be responsible for administering its own affairs pursuant to the Act and
this Agreement and will not be required to obtain any further approval , consent or authorization
from the County, except as the Act or any other provision of applicable law or this Agreement
may provide .
Section 5 . Effective Date of Agreement
This Agreement is effective upon being filed with the Clerk of the Circuit Court of
Indian River County, as required by law.
2
4814-5009-5638.3
39753/0042 RMA
Section 6. Duration of Agreement
The term of this Agreement will be for a one year period and shall automatically be
renewed each year for an additional one year period unless the County or the FDFC provide
written notice to the other party that the party wishes to terminate this Agreement . If that notice
has been provided, this Agreement will terminate on or before sixty (60) days from the receipt of
the notice . Such termination shall not affect any Bonds, notes or other indebtedness issued by
FDFC pursuant to this Agreement prior to the effective date of any termination of this
Agreement.
Section 7. Severability
If any one or more of the sections of this Agreement are held to be contrary to any express
provision of law or contrary to any policy of express law, although not expressly prohibited,
contrary to any express provision or provision of public policy or for any reason held invalid, then
those sections will be null and void and will be deemed separate from any other sections of this
Agreement.
Section 8 . 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.
IN WITNESS WHEREOF, the County and the FDFC have caused this Agreement to be
executed by their duly authorized representatives .
APPROVED this 5th day of November., 2013 .
ATTEST : Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS,
Court and Comptroller INDIAN RIVER COUNTY ("County' •.••�pMM1SSjory4,4
a �y
B Cj
By .
Deputy Clerk sep . Flescher, Chairman
Approved: Approved as to form and legal sufficienC ; • . � *
seph A. aird, County Administrator DqTan Reingold, County Attorney
3
4814-5009-5638.3
39753/0042 RMA
J
FLORIDA DEVEL MENT FINANCE
CORPORATION
By :
Its : e0ranut Q QfbC.TCAE
STATE OF FLORIDA
COUNTY OF OroAc
SWORN TO AND SUBSCRIBED before me this Vit $ day of A3e{yber , 2013
by gill SDiyetJl ,
who is personally known to me or
who produced as identification.
it I 11CIA KL 4w "
Sigp o c
LINDA LE TRUONG 1h
MY COMMISSION # FF020903 (Print Name of Notary Public
'�F` EXPIRES May 23 , 2017
Or ftt
(407) 398.0153 FloridallotaryServicOXOM Commission Expires : VAa4 �� V
Commission # �F Ua q Q �
4
48145009-5638.3
39753/0042 RMA