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1535* FDEP State Revolving FundROUTING MEMO � TO:� J � i Name Department or Organizational Code Action Initials and Date b w,5e) o V N �f P U h ACTION: 4. Please Call Me 8. Note and Return 12. Re Our Conversation 1. Your Information 5. Please Handle 9. Signature 13. Your Comments or 2. Approval 6. As Requested 10. Please Reply Recommendations 3. Please See Me 07PIease File 11. See "Remarks" 14. Read and Pass On REMARKS (Use Reverse Side for More Space) �" " ' �.� al J i4 � A v v t W+,o G� 1 11i Tie- ov J`\ \A \ 5 Fz v \out PyLw tuc FROM DATE Rick Scb'[t Florida Department of Governor Environmental Protection Jennifer Carroll Lt. Governor Bob Martinez Center 2600 Blair Stone Road Herschel T. Vinyard Jr. Tallahassee, Florida 32399 -2400 ✓ Secretary OCT 15 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Migdalia Hernandez Water Resources Engineer City of Sanford Post Office Box 1788 Sanford, Florida 32772 Re: DW590120 - Sanford Distribution Dear Ms. Hernandez: We are pleased to provide additional financing under the State Revolving Fund program for construction of your distribution project. Enclosed is one original of Amendment 2 to your loan. The amendment is now in effect. We congratulate you and your staff on your efforts and are pleased that we can continue working with you on this project. If we may be of further assistance, please contact Graham Culbertson at 850/245-8358. Sincerely, I Christine M. Klena, Deputy Director Division of Water Resource Management CMK/ gc Enclosure cc: Norton Bonaparte - City of Sanford Cynthia Lindsay - City of Sanford It III uc'p. c.f.iJ DRINKING WATER STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT DW590120 CITY OF SANFORD This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA, (Project Sponsor) existing as a local government agency under the laws of the State of Florida. WITNESSETH: WHEREAS, the Department and the Project Sponsor entered into a Drinking Water State Revolving Fund Loan Agreement, Number DW590120, as amended, authorizing a Funding amount of $15,000,000, excluding Capitalized Interest, which consists of Principal Forgiveness in the amount of $3,000,000; and WHEREAS, the Project Sponsor is entitled to additional financing of $2,105,683, excluding Capitalized Interest; and WHEREAS, an interest rate must be established for the additional financing amount awarded in this amendment; and WHEREAS, a Loan Service Fee must be assessed for the additional financing; and WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment in the Loan amount; and WHEREAS, the definition of Project needs revision to include additional contracts; and WHEREAS, the Project costs need adjustment to reflect revised estimates. NOW, THEREFORE, the parties hereto agree as follows: 1. Subsection 1.01(14) of the Agreement is deleted and replaced as follows: "Project" shall mean the works financed by this Loan and shall consist of furnishing all labor, materials, and equipment to construct the distribution project in accordance with the plans and specifications accepted by the Department for the following contracts: (a) "AMR Water Meter Replacement." This contract is for the purchase and installation of meters; and (b) "City of Sanford Water Quality Improvement Project "; and (c) "City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement "; and (d) "City of Sanford - Water Plant No. 2 Compliance Improvements." The Project is in agreement with the Water Facilities Plan and Addendum No. 2 accepted by the Department effective February 22, 2012. A Florida Categorical Exclusion Notification was published on April 24, 2009 and no adverse comments were received. The Project is an Equivalency Project as defined in Chapter 62 -552, Florida Administrative Code. 2. Subsection 2.03(1) of the Agreement is deleted and replaced as follows: The Project Sponsor agrees to the following audit and monitoring requirements. (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program Federal CFDA Funding Appropriation Number Agency Number CFDA Title Amount Catego FS984522 -100 EPA 66.468 Capitalization Grants $17,105,683 140129 for Drinking Water State Revolving Fund 3. Section 4.08, first paragraph, is deleted and replaced as follows: Disbursements shall be made only by the State Chief Financial Officer and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are proper expenditures. Disbursements shall be made directly to the Project Sponsor for engineering and administrative allowances, and reimbursement of the incurred construction costs and related services. The Principal Forgiveness on each disbursement under the Original Agreement shall be 40 percent of the requested amount after subtracting costs that are ineligible for Principal Forgiveness. The Principal Forgiveness on each disbursement under Amendment 1 shall be 10 percent, and under Amendment 2 shall be 47.49 percent after subtracting ineligible costs. Disbursements for materials, labor, or services shall be made upon receipt of the following: 4. Additional financing in the amount of $2,105,683, excluding Capitalized Interest, is hereby awarded to the Project Sponsor. Of that amount, $1,000,000 is Principal Forgiveness. 5. An interest rate of 1.98 percent per annum is established for the additional financing amount awarded in this amendment; however, if this amendment is not executed by the Project Sponsor and returned to the Department before October 1, 2012, the interest rate may be adjusted. 6. The total amount awarded is $17,105,683. Of that, the estimated amount of Principal Forgiveness is $4,000,000. The estimated principal amount of the Loan to be repaid is $13,322,183, which consists of $13,105,683 to be disbursed to the Project Sponsor and $216,500 of Capitalized Interest. This total consists of the following: 2 (a) Original Agreement of $3,081,200, including $3,000,000 authorized for disbursement to the Project Sponsor and $81,200 of Capitalized Interest, at a interest rate of 2.66 percent per annum; and (b) Amendment 1 of $9,131,600, including $9,000,000 authorized for disbursement to the Project Sponsor and $131,600 of Capitalized Interest, at a interest rate of 2.50 percent per annum; and (c) Amendment 2 of $1,109,383, including $1,105,683 authorized for disbursement to the Project Sponsor and $3,700 of Capitalized Interest, at a interest rate of 1.98 percent per annum. 7. An additional Loan Service Fee in the amount of $22,114, for a total of $262,114, is hereby assessed. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent of $13,105,683. Estimated Loan Service Fee capitalized interest for the fee amount assessed to date is $8,720. 8. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $433,686. Such payments shall be received by the Department on August 15, 2013 and semiannually thereafter on February 15 and August 15 of each year until all amounts due hereunder have been fully paid. Until this Agreement is further amended, each Semiannual Loan Payment will be proportionally applied, after deduction of the Loan Service Fee is complete, toward repayment of the amounts owed on each incremental Loan amount at the date such payment is due. The Semiannual Loan Payment amount is based on the total amount owed of $13,593,017, which consists of the Loan principal plus the Loan Service Fee with its capitalized interest (if any). 9. The Project Sponsor and the Department acknowledge that the actual cost of the Project has not been determined. Project cost adjustments may be made as a result of construction bidding or mutually agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. If the Project Sponsor receives other governmental financial assistance for this Project, the costs funded by such other governmental assistance will not be financed by this Loan. The Department shall establish the final Project costs after its final inspection of the Project records. Changes in Project costs may also occur as a result of the Project Sponsor's Project audit or a Department audit. Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the order in which they have been obligated without respect to budgetary line item estimates. All disbursements shall be made from the original Loan amount until that amount has been disbursed; the interest rate established for the original Loan amount shall apply to such disbursements for the purpose of determining the associated Capitalized Interest and repayment amount. The interest rate established for any additional increment of Loan financing shall be used to determine the Capitalized Interest and repayment amount associated with the funds disbursed from that increment. The estimated Project costs are revised as follows: CATEGORY AUTHORIZED LOAN COST($) AMOUNT($) TO DATE Administrative Allowance Engineering Allowance Construction and Demolition Contingencies 159,611 1,596,113 21,418,755 Line items Technical Services After Bid Opening SUBTOTAL(Disbursable Amount) Less Principal Forgiveness SUBTOTAL (Loan Amount) Capitalized Interest TOTAL (Loan Principal Amount) may vary based on 2,418,353 actual 1,764,775 disbursements 27,357,607 17,105,683 (4,000,000) (4,000,000) 23,357,607 13,105,683 216,500 216,500 23,574,107 13,322,183 10. Subsection 10.07(4) of the Agreement is deleted and replaced as follows: (4) The first Semiannual Loan Payment in the amount of $433,686 shall be due August 15, 2013. 11. Section 10.08 of the Agreement is deleted and replaced as follows: (1) Project costs, as provided for in this Loan, shall be reviewed, and may be adjusted, once the final Project costs have been established. (2) Prior to any funds being released, the Project Sponsor shall submit a certified copy of the Resolution which authorizes the increased Loan amount. 12. 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 DW590120 shall be executed in three 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 Deputy Director and the Project Sponsor 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 Deputy Director. Attest SEAL expressed in Section 2.02 of the Agreement, entitled Legal Authorization. City At&neyV for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OCT 0 3 2012 Deputy birector Date Division of Water Resource Management