The St. Lucie County (“County”) Energy and Sustainability Financing Program establishes the manner by which the County may finance energy efficiency, renewable energy, and wind resilience improvements that are permanently fixed to a property owner’s real property. Improvements will be financed pursuant to a voluntary assessment contract between the County and the property owner.
The financing of Improvements will be secured by and repayable through an assessment levied by the County against the owner’s property (the “Property”) each year until the assessment is paid off. Assessment installments (including principal and interest) will be collected on the property tax bill for the Property in the same manner and at the same time as property taxes. Assessment installments will be subject to the same penalties, remedies, and lien priorities as for property taxes in the event of delinquency.
The Assessment and each installment payment (interest and penalties) will constitute a lien against the Property until paid, even though prior to full payment the Property is conveyed to another person. An assessment lien will be recorded against the Property in the office of the County Recorder of St. Lucie County upon execution of the assessment contract. Such lien will be paramount to all existing and future private liens against the Property, including mortgages, deeds of trust and other security instruments.
Before completing the St. Lucie County Energy and Sustainability Financing Program (ESFP) Assessment, a property owner should carefully review any mortgage agreement(s) or other security instrument(s) which affect the Property or to which the property owner is a party.
TO ENTER INTO A ST. LUCIE COUNTY ENERGY AND SUSTAINABILITY FINANCING PROGRAM ASSESSMENT CONTRACT, ALL NON-RESIDENTIAL PROPERTY OWNERS WILL NEED EXISTING LENDER(S) CONSENT. DEFAULTING UNDER AN EXISTING AGREEMENT OR SECURITY INSTRUMENT COULD HAVE SERIOUS CONSEQUENCES TO THE PROPERTY OWNER, WHICH COULD INCLUDE THE ACCELERATION OF THE REPAYMENT OBLIGATIONS DUE UNDER SUCH AGREEMENT OR SECURITY INSTRUMENT.
I (we) declare that (i) the owner has the authority to execute and deliver the Assessment contract, the Application, and the various documents and instruments referenced therein; and (ii) that executing the Assessment contract, receiving financing for Improvements, and consenting to the Assessment levied against the Property will not constitute a default under any other agreement or security instrument which affects the Property or to which the property owner is a party. If you have any questions about any agreements or security instruments which affect the Property or about your authority to enter into the SLC ESFP Assessment contract with the County, the County strongly encourages you to consult with your own legal counsel. The County or the program administrator (i.e., SELF) will not provide property owners with legal advice about existing agreements or security instrument.