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HomeMy WebLinkAboutSouth Seminole and North Orange Wastewater Transmission Authority Amendment 1981 /7 '" ~ CD en 0 '" CD ~~ ~ z .,.. "" coo; 0 j; r- rrt ,- n = ~..t P C) ...., ,,,. ..... Q) ,., ." c.: r ..... >-"" <;> N PI AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN ,~OUTH SEMINOLE AND NORTH ORANGE COUNTY ~ WASTEWATER TRANSMISSION AUTHORITY AND W N c:::J 0) 0;) (D <;') <nr- ~~ %:x~ oCl- .-.,,0 1""(")% (")$~ o(")rr1 C:::C:;o x::t:;o -4 _ ~nI"I . 0% "'c :~ CITY OF WINTER SPRINGS, FLORIDA Dated September 10, 1981 J: w 51 iI (!) o ::D C fTI C .. < ... .. =it ;it c I ~ en N en i AMENDMENT TO INTERLOCAL AGREEMENT This AMENDMENT ~/ is made and entered into as of the /dday of , 1981, amending that certain Interlocal Agree- ment (the "Interlocal Agreement), dated as of September 10, 1981, - between SOUTH SEMINOLE AND NORTH ORANGE COUNTY WASTEWATER TRANi- ~ % 4:Jfo MISSION AUTHORITY (the "Authority") and the CITY OF WINTER SPRI~S n ? WITNESSE'rH: C) ?Q) ..... Cat the CD C) ~~ ." n i; r- ;>'> ..... c., <::> ,.. -OC ~C" C) rq (the "Customer"): That this Amendment has been authorized by the parties to Interlocal Agreement referred to above and the City of Orlando, Florida, prior to the execution of this Amendment by either of the parties; and That this Amendment will be attached to the Interlocal Agreement and become a part thereof as though originally incorporated therein; NOW, THEREFORE, the Interlocal Agreement is hereby amended as follows: SECTION 1. The definition of "Authority Bonds" 1n Section 1 of the Interlocal Agreement executed by the Authority and the Customer is hereby amended to read as follows: "Authority Bonds" means bonds issued or to be issued by the Authority to finance the con- struction of the System, which term shall include bond anticipation notes. SECTION 2. Section 8 of the Interlocal Agreement executed by the Authority and the Customer is hereby amended to read in its entirety as follows: SECTION 8. This Agreement is entered into pursuant to and is designed to accomplish the purposes of Chapter 78-617, Laws of Florida, which Statute, as it now exists, is deemed to be a part of this contract and, to the extent of any conflict, shall control over the terms of this contract. Any sale of Authority Bonds which is negotiated shall comply with Chapter 218, Part III, Florida Statutes, and all amendments thereto. A contemplated negot iated sale of Authori ty Bonds shall require prior written notice to all Customers of the Authority and "' approval of the terms a~d. conditions of such negotiated sale by a maJOrity vote of all the members of the Board. Bids on contracts for the acquisition, construction and equipping of the System re- ceived by the Authority subsequent to December 1, 1981, shall not be accepted without the written consent of all Customers of the Authority if the total of the bids previously received and such additional bids would require an expenditure for the acquisition, construction and equipping of the System in excess of the amount funded by the Authority in the issuance of its $7,000,000 principal amount of Sewer Revenue Bond Anticipation Notes, Series 1981 (the "1981 Notes"). Nothing herein shall be construed to limit the authorized principal amount of the 1981 Bonds as hereinafter defined. The Authority shall, ninety (90) days prior to the sale of its authorized Sewer Revenue Bonds, Series 1981 (the "1981 Bonds") authorized in the principal amount of $8,000,000 or the sale of renewal anticipation notes (the "renewal notes") to be issued for the redemption of the 1981 Notes, notify each Customer in writing of such anticipated sale date; whereupon, each Customer may, at its absolute discretion, pay all or any part of its proportionate share, as determined by provisions of the next sentence, of the prin- cipal amount of the outstanding 1981 Notes in order to reduce the principal amount of the authorized 1981 Bonds or renewal notes which must be issued to refund the 1981 Notes. The Customer's proportionate share of the princi- pal amount of the 1981 Notes shall be the amount determined by multiplying such princi- pal amount of 1981 Notes by the Customer's share of Committed System Capacity as set forth in Section 5.1(1) of the Agreement. In the event the Customer pays to the Authority all of its proportionate share of the prinCi- pal of the 1981 Notes, the Customer shall no longer have an obligation under the Agree- ment to pay Fee Components 3a, b, c and Fee Component 4a. In the event the Customer pays only a part of its proportionate share of the principal of the 1981 Notes, the Customer I s obligation to pay the Fee Components referred to in the preceding sentence shall be reduced by the ratio of the amount paid compared to the amount which represents the Customer's total obligation for principal payment. For example, if the Customer I s percentage of commi tted System Capacity is twenty percent (20%), the Customer's principal obligation on the 1981 Notes is $1,400,000 and if $700,000 or fifty percent (50%) of such amount is paid to the Authority as principal payment, the Customer's obligation for Fee Components 3 a, band c and Fee Component 4a shall be reduced by 50%. 2 -... CD In C '" CD !i~ x z .. ..... is 0 j;' r- ", ,- = C") ..., p C::>> ..., = .., CD ;:0.' -0= r -... ~.., (;') ... m Thirty (30) days in advance of the anti- cipated sale date of either the 1981 Bonds or Renewal Notes, the Customer shall give the Authority written notice of Customer's intention to make payment of part or all of Customer's proportionate share of the Authority's outstanding indebtedness. The Customer shall make all payments to the Authority in immediately available funds which shall be received by the Authority no later than fourteen (14) days prior to the date of the delivery to the original purchasers (the "Closing") of either the 1981 Bonds or Renewal Notes, whichever is to be issued, which Clos- ing date shall be given to the Customer in writing. Such payment by the Customer to the Authority shall be deposited in an interest- bearing escrow account for the benefit of the Authority and all interest accrued on escrowed funds until closing an delivery of the revenue bonds or the renewal notes shall accrue to the benefit of the depositing Customer. In the event that this Agreement should become null and void or without effect for any reason, then all prior agreements between tne Customer and Orlando shall remain in full force and effect. , ...... OJ 0 - ~~ ... .... r; r- ~ rq 13 "., Q .... <-, r~ r CO .,., ,,"" ...... :.,c.> Q .. m l Interlocal Agreement shall remain in full force and effect. SECTION 3. Except as herein provided by this Amendment, the ~ c:---.. ( .' ~;i',a -- t" .. - . '" . ,.. SOUTH SEMINOLE AND NORTH ORANGE COUNTY WASTEWATER TRANSMISS~N AUTHORITY / ~' /.'-" .,'1.-1 I ~ ,,//,.~. B , ~" v~"~ Chairman ..' .<.' '':.... ..',. .- ..~. .- "'; ...... .'""" .. ;, l/ ,. ~.:." "!'?"', :. t: ,.. ., ,.' r CITY OF WINTER SPRINGS, FLORIDA 7.... ,;: ..:-;... of ....~ ":,' ..' ,:l.d~.. . C I', ~ ...."....... ~..' \"e ~ .... o.yt"', ~: ~ 0 ~ ." t~ ':'\ ... \:':> ..;;:... . 0, " "'" . . ", """. ';.;.. f'"' . .c ; .... ': (.... ,.." (~~)..:) " . r .... ..... · .'..... . I Ca I D~ ....," ATTEST':'""",,,,,,,,,, -- F(}3~}. 3