23-1629 Approval of Amendment 2 to Agreement WW590540 - Longdale Septic Tank Abatement Project RESOLUTION NO. 23-1629
A RESOLUTION OF THE CITY OF LONGWOOD,FLORIDA,AUTHORIZING
THE EXECUTION AND DELIVERY OF A CLEAN WATER STATE REVOLVING
FUND AMENDMENT 2 TO LOAN AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE
LOAN AUTHORIZED BY ORDINANCE 20-2178 CONCERNING THE
FINANCING OF THE LONGDALE SEPTIC TANK ABATEMENT PROJECT;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood (the "City") is vested with home rule authority pursuant to
Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to
enact ordinances;
WHEREAS, on May 4, 2020, the City Commission adopted Ordinance 20-2178 authorizing the
issuance of debt in the principal amount of$3,382,900.00 and interests and the executing of the Loan
Agreement to procure and implement the necessary labor, materials and equipment for the design,
permitting,construction, installation and completion of the Project described in Ordinance 20-2178 and
to finance the Project through a loan with State of Florida Department of Environmental Protection(the
"Department"); and
WHEREAS, the City of Longwood has executed the Loan Agreement (WW590540) ("Loan
Agreement") with the Department concerning the Project as authorized by Ordinance 20-2178 along
with Amendment 1 thereto extending Project time; and
WHEREAS, the City and Department desire to enter into Amendment 2 to the Loan
Agreement to adjust the Project costs and reduce the semiannual loan payment.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA,AS FOLLOWS:
SECTION 1. RECITALS. The foregoing findings are incorporated herein by reference and made a
part hereof.
SECTION 2. AUTHORIZATION OF AMENDMENT TO LOAN AGREEMENT. The City Commission
hereby approves the Amendment 2 of the Loan Agreement to adjust the Project costs and reduce the
semiannual loan payment and other matters as set forth therein and does hereby authorize the
execution and delivery on behalf of the City by the Mayor under the seal of the City,attested by the City
Clerk,of the Amendment 2 with the Department. The Amendment 2 shall be in substantially the form
thereof attached hereto and marked Exhibit"A"and is hereby approved,with such changes therein as
shall be approved by any of the authorized officers executing the same, with such execution to
constitute conclusive evidence of such officer's approval and the City's approval of any changes therein
from the form of the Amendment 2 attached hereto.
Resolution No.23-1629
Page 1 of 2
SECTION 3. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants,
amendments or provisions contained herein shall be held contrary to any express provisions of law or
contrary to the policy of express law,though not expressly prohibited,or against public policy,or shall
for any reason whatsoever be held invalid,then such covenants,amendments or provisions shall be null
and void and shall be deemed severable from the remaining covenants, amendments or provisions
hereof and shall in no way affect the validity of any of the other provisions of this Resolution.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
CITY COMMISSION
CITY OF LONGWOOQ;FLORIDA
[SEAL] By:
TO Y B MAYOR
ATTEST:
C G ,CITY CLERK
Approved as to form and legality for use and reliance by the City of Longwood, Florida only:
DANIEL 410LE I ATTORNEY
Resolution No.23-1629
Page 2 of 2
STATE REVOLVING FUND
AMENDMENT 2 TO LOAN AGREEMENT WW590540
CITY OF LONGWOOD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department)and the CITY OF LONGWOOD,
FI,ORIDA,(Local Government)existing as a local governmental entity under the laws of the
State of Florida. Collectively,the Department and the Local Government shall be referred to as
"Parties"or individually as"Party".
The Department and the Local Government entered into a State Revolving Fund Loan
Agreement,Number WW590540,as amended,authorizing a Loan amount of$3,382,900.00,
excluding Capitalized Interest;and
The Loan Amount,Semiannual Loan Payment amount, Loan Service Fee,and Project costs need
adjustment to reflect actual costs;and
Certain provisions of the Agreement need to be revised.
The Parties hereto agree as follows:
1. The total amount awarded is reduced by$1,286,346.00. The revised total amount
awarded is$2,096,554.00.
2. The Loan Service Fee is$41,931.00. The fee represents two percent of the Loan
amount excluding Capitalized Interest;that is,two percent of$2,096,554.00.
3. The total amount of the Loan to be repaid is$2,138,781.22. This consists of
$2,096,554.00 disbursed to the Local Government,plus accrued Capitalized Interest of$296.22
and service fee charges of$41,931.00.
4. The total amount remaining to repay, which amount accounts for the Department's
receipt of one Semiannual Loan Payment is$2,052,814.80,consisting of unpaid principal of the
Loan of$2,010,883.80 and an unpaid service fee charge of$41,931.00.
5. The Semiannual Loan Payment amount,adjusted to account for repayments received
to date, is hereby revised and shall be in the amount of$52,847.09. Such payments shall be
received by the Department on September 15,2023,and semiannually thereafter on March 15
and September 15 of each year until all amounts due hereunder have been fully paid.
6. Section 2.03 of the Agreement is deleted and replaced as follows:
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
State Resources Awarded to the Local Government Pursuant to this Agreement Consist of the
Following Resources Subject to Section 215.97, F.S.:
State CSFA Title or State
Program CSFA Fund Source Funding Appropriation
Number Funding Source Number Description Amount Category
Wastewater Wastewater
Original Treatment and 37 077 Treatment $2,096,554 140131
Agreement Stormwater Facility
Management TF Construction
7. Project Costs are revised as follows:
The Local Government and the Department acknowledge that changes in Project costs
may occur as a result of an audit. Unless this Agreement is amended subsequent to an audit,the
following Project disbursements shall be final.
CATEGORY PROJECT COSTS ($)
Construction and Demolition 2,096,554.00
Capitalized Interest 296.22
TOTAL (Loan Principal Amount) 2,096,850.22
8. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
This Amendment 2 to Loan Agreement WW590540 may be executed in two or more
counterparts,any of which shall be regarded as an original and all of which constitute but one
and the same instrument.
IN WITNESS WHEREOF,the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary or Designee and the Local Government
has caused this amendment to be executed on its behalf by its Authorized Representative and by
its affixed seal. The effective date of this amendment shall be as set forth below by the
Department.
for
CITY 0 ' LONGWOOD
0111.<
Mayor
test: Approved rm and legal sufficiency:
/1 •
//- ei
City Clerk At e
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date
3
This Amendment 2 to Loan Agreement WW590540 may be executed in two or more
counterparts,any of which shall be regarded as an original and all of which constitute but one
and the same instrument.
IN WITNESS WHEREOF,the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary or Designee and the Local Government
has caused this amendment to be executed on its behalf by its Authorized Representative and by
its affixed seal. The effective date of this amendment shall be as set forth below by the
Department.
for
CITY 0 LONGWOOD
L:F" R
Mayor
-
•
est: Approved rm and legal sufficiency:
•
City Clerk
SEAL At e
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Digitally signed by Angela
Knecht
Date:2023.05.17
13:32:43-04'00'
Secretary or Designee Date
3