24-1657 Authorizing State Revolving Fund Amendment 2 to Loan Agreement WW590550RESOLUTION NO. 24-1657
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 22-1600
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 May 16, 2022, the City Commission adopted Ordinance 22-1600 authorizing
the issuance of debt in the principal amount of $4,060,000.00 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 22-1600 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 (WW590SSO) ("Loan
Agreement") with the Department concerning the Project as authorized by Ordinance 22-1600,
and subsequently approved and executed Amendment 1 to the Loan Agreement; and
WHEREAS, it has been determined that additional time is needed to perform and complete
Project than originally contemplated by the Loan Agreement, thus the City of Longwood desires to
authorize the execution and delivery of an Amendment 2 to the Loan Agreement to provide the
City with more time to complete the Project.
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 extend the Project
completion requirements 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
Resolution No. 24-1657
Page 1 of 2
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 Second Amendment attached hereto.
SECTION 3. SEVERABILITY OF INVALID PROVISIONS. If anyone 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.
PASSED AND ADOPTED THIS 4TH DAY OF MARCH 2O24.
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
[SEAL] By:' /
To y B i, Mayor
Approved as to form and legality for use and reliance by the City of Longwood, Florida only:
vn/z,
Daniel W. le , i Attorney
Resolution No. 24-1657
Page 2 of 2
STATE REVOLVING FUND
AMENDMENT 2 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, (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 WW590550, as amended; and
Loan repayment activities need rescheduling to give the Local Government additional time to
complete construction; and
Certain provisions of the Agreement need revision.
The Parties hereto agree as follows:
1. Unless repayment is further deferred by amendment of the Agreement, Semiannual
Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on
April 15, 2025, and semiannually thereafter on October 15 and April 15 of each year until all
amounts due under the Agreement have been fully paid.
2. The items scheduled under Section 10.07 of the Agreement are rescheduled as
follows:
(2) Completion of Project construction is scheduled for October 15, 2024.
(3) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later
than October 15, 2024.
(4) The first Semiannual Loan Payment in the amount of $120,120 shall be due
April 15, 2025.
3. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 2 to Loan Agreement WW590550 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.
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for
CITY F LONGWOOD
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7Mayor
Approved as to form and legal sufficiency:
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for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Digitally signed by Angela Knecht
C, Date: 2024.03.06 10:18:03 -05'00'
Secretary or Designee
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Date