23-1649 Approval of Amendment 1 to Agreement WW590550 - East Longwood Phase II RESOLUTION NO. 23-1649
A RESOLUTION OF THE CITY OF LONGWOOD,FLORIDA,AUTHORIZING
THE EXECUTION AND DELIVERY OF A CLEAN WATER STATE REVOLVING
FUND AMENDMENT 1 TO LOAN AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE
LOAN AUTHORIZED BY ORDINANCE 22-2233 CONCERNING THE
FINANCING OF THE EAST LONGWOOD PHASE II 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 October 17, 2022, the City Commission adopted Ordinance 22-2233
authorizing the issuance of debt in the principal amount of$4,452,708 excluding 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 22-2233 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 (WW590550) ("Loan
Agreement")with the Department concerning the Project as authorized by Ordinance 22-2233;and
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 1 of the Loan Agreement 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 1 with the Department. Amendment 1 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 1 attached hereto.
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
Resolution No.23-1649
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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
iy ry . CITY OF LONGW D, FLORIDA
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Fr 0 erni,
3Ton Mayor
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I g , , FCRM, City Clerk
Approved as to form and legality for use and reliance by the City of Longwood, Florida only:
Daniel W. LACitrC,V,t"!*y
Resolution No.23-1649
Page 2of 2
EXHIBIT "A"
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT WW590550
CITY OF LONGWOOD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION(Department)and the CITY OF LONGWOOD,FLORIDA,
(the "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."
WITNESSETH:
WHEREAS, the Florida Water Pollution Control Financing Corporation (Corporation) and the
Local Government entered into a Clean Water State Revolving Fund Loan Agreement, Number
WW590550, authorizing a Loan amount of$4,452,708, excluding Capitalized Interest; and
WHEREAS,the oversight and management of this Loan is being assumed by the Department;and
WHEREAS, the loan to the Local Government is under same terms and conditions of the
transferred loan unless amended herein; and
WHEREAS,certain provisions of the Agreement require revision and provisions need to be added
to the Agreement.
NOW, THEREFORE,the Parties hereto agree as follows:
1. Oversight and management of the loan is transferred to the Department. All
references in the Agreement to Corporation or Trustee are deleted and replaced with"Department"
and all references to "Local Borrower" shall be replaced with"Local Government."
2. Subsections 1.01(4), (5), (11) and (26) of the Agreement are deleted.
3. Subsection 1.01(12) is deleted and replaced as follows:
"Grant Allocation Assessment" shall mean an assessment, expressed as a percent per
annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way interest
charged on the Loan is computed and is included in the Semiannual Loan Payment. The
Department will use Grant Allocation Assessment moneys for making grants to financially
disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes.
4. Subsection 2.01(14) of the Agreement is deleted.
5. Section 2.02. of the Agreement is deleted.
6. Section 8.04 of the Agreement is deleted and replaced as follows:
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8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Department may assign any part of its rights under this Agreement after notification
to the Local Government. The Local Government shall not assign rights created by this Agreement
without the written consent of the Department.
7. Section 8.15 is added to the Agreement as follows:
8.15. CIVIL RIGHTS.
The Local Government shall comply with all Title VI requirements of the Civils Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Equal Employment
Opportunity requirements (Executive Order 11246, as amended)which prohibit activities that are
intentionally discriminatory and/or have a discriminatory effect based on race, color, national
origin (including limited English proficiency), age, disability, or sex.
8. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE XI -EXECUTION OF AGREEMENT
This Amendment 1 to Loan Agreement WW590550 may be executed in three 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 Agreement to be executed on
its behalf by the Secretary or Designee and the Local Government has caused this Agreement to
be executed on its behalf by its Authorized Representative and by its affixed seal. The effective
date of this Agreement shall be as set forth below by the Department.
for
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date
for
CITY OF LONGWOOD
Mayor
Attest: Attest as to form and correctness:
City Clerk City Attorney
SEAL
APPROVED AND ACCEPTED BY THE FLORIDA WATER POLLUTION CONTROL
FINANCING CORPORATION
Chief Executive Officer
Reviewed and approved by the Corporate Secretary
or Designee
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