HomeMy WebLinkAboutFlorida Department of Environmental Protection State Revolving Fund Construction Loan Agreement Amendment 1 - 2019 06 03 DEPAstr"I I Ron DeSantls
FLORIDA DEPARTMENT OF Governor
0
Environmental Protection Jeanette Niuez
U,Governor
Marjory Stoneman Douglas Building Noah Valenstein
Q&TAL 'PI6 3900 Commonwealth Boulevard Secretary
TaHahassee, FL 32399
FEDERAL EXPRESS DELIVERY - SIGNATURE REQLaM
J U 1*4 0 6 2 0191
Ms. Lena Rivera
Public or and Utilities, Director
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: DW5906 10 -- Winter Springs
Treattrient
Dear Ms, Rivera:
Enclosed is one original of Amendixtent I for the City's State Revolving Fund loan agreeinent.
Tice an-tendinerit is now in effect, and no further arnendrnents are anticipated.
We congratulate you and your staff on 'the conipletion ofyour project and are pleased that we
Could work with you.
Sincerely,
Angela" 'necht, Prograin Administrator
State, Revolving Fund Manageirient
AKJad
EnCIOSUre
cc,.- Honorable Charles LaCey rrrr' City of`"' irnter Springs
Terry M. Zaudtke, P.E; CPH, Ine,
VtPAir r Ran Mantis
FLORIDA DEPARTMENT OF' Governor
0
Environmental 13mitection Jeanette Nu le
Lt,Governor
01 Marjory Stoneman Douglas Building Noah Valensteln
QVIAL 39,00 Commonwealth Boulevard Secretary
Tallahassee,FL,32399
1"EDERAf, EXPRESS DELIVERY - SIGNATURE REQLJIRIE,',Q
JUN 0 6 2019
Ms. Lena Rivera
Public Works and Utilities Director
(I I ity of Winter Springs
126 East State Road 434
Winter Springs, Florida 32708
Re: DW5901610 -- Winter Springs
Treatment
Dear Ms, 1�,ivera:
Enclosed is one original of Amendment I for the City's State Revolving Fund loan agreement.
The amendment is now in effect, and no finiher amendments are anticipated",
We congratulate YOU and your staff on the completion of'your project and are pleased that we
could work with you,
Sincerely,
Angel all� nech t, Program Administrator
State Revolving Fund Managernern
A K./ad
Enclosure
ce,- I I onorab I e Charles Lace), — C'7it y,o I"W inter Spri figs
Terry M. Zaudtke, P.E. - CPP, Inc.
STATE REVOLVING FUND
AMENDMENT1 TO LOAN AGREEMEN'I' DW590610
CITY OF WINTER SPRINGS
This amendment is executed by the STATE OF FI.,OR1DA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF WINTER SPRINGS,
FLORIDA, (Project Sponsor) existing as a local governmental entity under the laws of the State
of Florida, Collectively, the Department and the Project Sponsor shall be referred to as "Parties"
or individuall-
y as "Party".
The Department and the Project Sponsor entered into a Drinking Water State Revolving Fund
Loan Agreement,, umber DW59061 0, authorizing a Loan amount of$5,952,000, excluding
Capitalized Interest; and
The Eoan Amount, Semiannual I.,oan Payment amount, I-oan 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 tlollo\vs:
1. The total amount awarded is reduced by $89�,268. The revised total amount awarded
is $5,862,732.
2. The Loan Service Fee is $119,040.00, and the capitalized Loan Service Fee interest
is $335,79.
3. The total amount of the I.,oan is $5.982.107.79, which consists of$5,862,732.00
disbursed to the Project Sponsor, and $11,9,375.79 of service fee charges.
4. The total amount remaining to repay, which amount accounts for the Department's
receipt of 3 Semiannual Loan Payments, is $5,535,955.52, at an interest rate of 0.72 pet-cent per
annum.
5, The Semiannual Loan. Payment amount, adjusted to account for repayments received
to date, is hereby revised and shall be in the amount of$16,0,075.05. Such payments shall be
received by the Department on .lune 15, 20:19 and semiannually thereafter on December 15 and
June 15 of each year until all amounts due hereunder have been fully paid.
6. SlUbsections 2.03(l) and (5) of the Agreement are deleted and replaced as follows:
REMAINDER OF PAGE INTENTIONAI.LY 1,EFTBI.ANK
I
(I) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
State Resources Awarded to the Project Sponsor Pursuant to this Agreement Consist of the
Followin< :
State CFA Title or State
Program CSFA Fund Source Funding Appropriation
Number Funding Source Number Description Amount Category
Original Drinking Water Drinking
Agreement Revolving Loan 37.076 Water Facility $5,862,732 140129
TF Construction
(5) Record Retention.
'The Project Sponsor shall retain sufficient records dernonstrating its compliance with the
terms of this Agreement for a period of five years from the date of the Final Amendment, and
shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to
such records, upon request. The Project Sponsor shall ensure that working papers are made
available to the Department, or its designee, Chief Financial Officer, or Auditor General upon
request for a period of five years from the date of the Final Amendment, unless extended in
writing by the Department.
7. Subsection 2.03(4) of the Agreement is deleted.
8. Section 8.02 of the Agreement is deleted and replaced as follows.
Books, records, reports, engineering docurnents, contract documents, and papers shall be
available to the authorized representatives of the Department for inspection at any reasonable
time after the Project Sponsor has received a disbursement and until five years after the Final
Amendment date.
9,. The Project Sponsor and the Department acknowledge that changes in Project costs
may occur as a result of an audit. Unless this Agreement is amended subsequent to an audit, the
following Project disbursements shall be final.
CATEGORY PROJECT COSTS ($)
Construction and Demolition 5,494,805
Technical Services During Construction 367,927
TOTAL (Loan Principal Amount) 5,862,732
10. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
This Amendment I to loan Agreement DW59061 0 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 WI IEREOF, the Department has caused this amendment to the I-oan
Agreement to be executed on its behalf by the Secretary or Designee, and the Protect Sponsor
has caused this amendment to be executed on its behalf by its Authorized Representative and by
its affixed seal, "rhe effective date of this amendment shall be as set forth below by the
Department.
to r
CITY OF WINTER SPRINGS
ayor
Attest Approved as ", rrn and legal sufficiency;
a
C ity ('!,,-,ik City Attorney
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
(s,
Secretary or Designee Date