Loading...
24-1686_Authorizing Amendment 3 to the Clean Water State Revolving Fund Construction Loan Agmnt RESOLUTION NO. 24-1686 A RESOLUTION OF THE CITY OF LONGWOOD, fLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A CLEAN WATER STATE REVOLVING FUND AMENDMENT 3 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$4,557,762.00 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 22-2233 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 subsequently approved and executed Amendment 1 and Amendment 2 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 3 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 3 of the Loan Agreement to extend the Project completion requirements and other matters as set forth therein and does hereby authorize the Resolution No.24-1686 Page 1 of 2 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 3 with the Department. The Amendment 3 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 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. PASSED AND ADOPTED THIS 16th DAY OF December 2024. CITY COMMISSION CITY OF LONGWOOD, FLORI [SEAL] By: Matthew McMillan, Mayor ATTEST: is L n , , FCRM, City Clerk Approved as to form and legality for use and reliance by the City of Longwood, Florida only: Daniel W. Lan ttorney Resolution No.24-1686 Page 2 of 2 STATE REVOLVING FUND AMENDMENT 3 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 and provisions need to be added to the Agreement. The Parties hereto agree as follows: 1. Section 8.16 is added to the Agreement as follows: 8.16. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Local Government and any contractors/subcontractors are prohibited from obligating or expending any Loan or Principal Forgiveness funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019).Also, see 2 CFR 200.216 and 200.471. 2. 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 October 15, 2025, and semiannually thereafter on April 15 and October 15 of each year until all amounts due under the Agreement have been fully paid. 3. The items scheduled under Section 10.07 of the Agreement are rescheduled as follows: (2) Completion of Project construction is scheduled for April 15, 2025. (3) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than April 15, 2025. 1 (4) The first Semiannual Loan Payment in the amount of$120,120 shall be due October 15, 2025. 4. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 This Amendment 3 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. for C Y OF LON WOOD 04 441 Mayor Attest: Approved as to form and legal sufficiency: rk Ci e SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 3 This Amendment 3 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. for CITY LONGWOO Mayor Attest: Approved as to form and legal sufficiency: i r City SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 3 Certification I certify this to be a true and correct copy of the record in my office. WITNESSETH my hand and official seal of the City of Longwood,Florida th' e jr., da f RESOLUTION NO. 24-1686 4 6fir, ,ref rA A RESOLUTION OF THE CITY OF LONGWOOD, 'FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A CLEAN WATER STATE REVOLVING FUND AMENDMENT 3 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$4,557,762.00 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 22-2233 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 concerningthe Project as authorized by Ordinance 22-2233,and subsequently approved and executed Amendment 1 and Amendment 2 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 3 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 3 of the Loan Agreement to extend the Project completion requirements and other matters as set forth therein and does hereby authorize the Resolution No.24-1686 Page 1 of 2 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 3 with the Department. The Amendment 3 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 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. PASSED AND ADOPTED THIS 16th DAY OF December 2024. CITY COMMISSION CITY OF LONGWOOD, FLORI [SEAL] By: 9114 Matthew McMillan, Mayor ATTEST: is L n , , FCRM, City Clerk Approved as to form and legality for use and reliance by the City of Longwood, Florida only: Certification I certify this to be a true and correct copy Daniel W. Lan , ttorney of the record in my office. WITNESSETHmy hand and official seal of th of Longw lorida is dapf 0 Resolution No.24-1686 ity Page 2 of 2