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25-1695 Authorizing Clean Water State Revolving Fund Amendment No. 4RESOLUTION 25-1695 A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A CLEAN WATER STATE REVOLVING FUND AMENDMENT NO. 4 TO LOAN AGREEMENT WW590550 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 WASTEWATER SYSTEM IMPROVEMENT AND EXPANSION PROJECT INVOLVING THE ABATEMENT OF SEPTIC TANKS ON PROPERTIES AND CONNECTION OF SUCH PROPERTIES TO THE CITY'S WASTEWATER SYSTEM AND SERVICING FEES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Longwood (the "City") is vested with home rule au t hority pursuant to Article VII, Section 2 of the Con stitution of the State of Florida and Chapter 166, Florida Statutes, to enact ordin ances ; 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 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 Environ m ental Protection (the "Department"); and WHEREAS , the City of Longwood has executed the Loan Agreement (WW590550) ("Loan Agreement") with the Departm e nt concerning the Project as authorized by Ordinance 22 -2233, as further amended by the partie s; and WHEREAS, the City of Longwood desires to authorize the execution and delivery of Amendment No. 4 to the Loan Agreement as attached to this Resolution. 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 Amendment No . 4 of the Loan Agreement to revise the semiannual loan payment amount and other matters as set forth therein and does hereby authorize the execution and delivery on beha If of the City by the Mayor under the sea I of the City , attested by the City Clerk, of the Amendment No. 4 with the Department. The Amendment No . 4 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 Reso lution No . 25-1695 Pa ge 1 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 No . 4 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 prov isions 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 on this 6th day of October, 2025. CITY COMMISSION CITY OF LONGWOOD, FLORIDA ~TTEST: ,, Liane Cartagena, Acting City Clerk Approved as to form and legality for u se and reliance by the City of Longwood, Florida only: Reso luti on No. 25-1695 Page 2 EXHIBIT "A" STATE REVOLVING FUND AMENDMENT 4 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 loc al 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, authorizing a Loan amount of $4 ,452,708, excluding Capitalized Interest ; and The Semiannual Loan Payment amount 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 $4,452,708. 2. The Loan Service Fee is $89,054. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is , two percent of $4,452 ,708. 3. The total amount of the Loan to be repaid is $4,541,762. This consists of $4,452,708 disbursed to the Local Government, plus accrue d Capitalized Interest of $0, and service fee charges of $89,054. 4. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $119,698.07. Such payments shall be received by the Department on October 15, 2025, and semiannually thereafter on April 15 and October 15 of each year until all amounts due hereunder have been fully paid. 5. Project Costs are revised as follows: The Local Government and the Department acknowledge that changes in Project costs may occur as a result of an audit. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY Construction and Demolition Capitalized Interest TOTAL (Loan Principal Amount) PROJECT COSTS ($) 4,452 ,708 0 4 ,452,708 6. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK \ ' 2 This Amendment 4 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 g :LONGWOOD Approved as to form and legal sufficiency: for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 3