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989-FDEP Clean Water Loan Amendment 2 (~ q '>S' c{ Florida Department of Environmental Protection Charlie Crist Governor Jell Kottkalllp I L Govemor - Bob Martinez Center 2600 Blair Stone Road Tallahassee. Florida 32399-2400 Vich~lcl W. Sole Secrct~l1"\' CERTIFIED MAIL RETURN RECEIPT REQUESTED MA,Y 1 8 2007 .j;; / ..' Mr. Tom George Director of Public Works City of Sanford Post Office Box 1788 Sanford, Florida 32772 - 1788 Re: SWG12058624P - Sanford Stormwater Management (Planning/Design) Dear Mr. George: Weare pleased to provide additional financing under the State Revolving Fund loan program for construction of your project. Enclosed is one copy 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. Ifwe may be of further assistance, please contact Missy Dockstader at 850/245-8358. Sincerely, lri ~ Phil Coram, P .E. Deputy Director Division of Water Resource Management PC/md/d Enclosure cc: David A. Gierach - CPH Engineers, Inc. James Poulalion - City of Sanford Robert P. Yehl- City of Sanford Dave Herbster - FDEP, Central District "More Protection. Less Process" m.m. dep s/;Jtc.ll.us ..' \0" CLEAN WATER STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT SWG12058624P CITY OF SANFORD This amendment is executed by the ST ATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA, (Local Government) existing as a local government agency under the laws of the State of Florida. =< WITNESSETH: WHEREAS, the Department and the Local Government entered into a Clean Water State Revolving Fund Loan Agreement, Number SWG 12058624P, as amended, authorizing a Loan amount of $2,930,268, excluding Capitalized Interest; and WHEREAS, the Local Government is entitled to additional financing of $1,698,930, excluding Capitalized Interest; and WHEREAS, revised provisions for audit and monitoring are needed; and WHEREAS, an interest rate and a Grant Allocation Assessment 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 Project costs need adjustment to reflect revised estimates. NOW, THEREFORE, the parties hereto agree as follows: 1. Subsections 2.03(1) and (3)(a)(i) ofthe Agreement are deleted and replaced as follows: (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 Category CS12000l-060 EPA 66.458 Capitalization Grants for $4,629,198 140131 State Revolving Funds (3) Report Submission. (a) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted, when required by , ' Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Local Government directly to each of the following: (i) The Department at each of the following addresses: Don W. Berryhill, P.E., Chief Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Joe Aita, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS41 Tallahassee, Florida 32399-3123 2. Additional financing in the amount of $1 ,698,930, excluding Capitalized Interest, is hereby awarded to the Local Government. 3. A combined rate of interest and Grant Allocation Assessment of2.52 percent per annum is established for the additional financing amount awarded in this amendment. Individually, the interest rate is 1.26 percent per annum and the Grant Allocation Assessment rate is 1.26 percent per annum. However, if this amendment is not executed by the Local Government and returned to the Department before July 1, 2007, the interest and Grant Allocation Assessment rates may be adjusted. 4. The estimated principal amount of the Loan is hereby revised to $4,760,498, which consists of $4,629,198 authorized for disbursement to the Local Government and $13l ,300 of Capitalized Interest. This total consists of the following: (a) Original Agreement of$836,968, including $790,268 authorized for disbursement to the Local Government and $46,700 of Capitalized Interest, at a combined rate of interest and Grant Allocation Assessment of 2.90 percent per annum (the interest rate is 1.45 percent per annum and the Grant Allocation Assessment rate is 1.45 percent per annum); and (b) Amendment 1 of $2,222,000, including $2,140,000 authorized for disbursement to the Local Government and $82,000 of Capitalized Interest, at a combined rate of interest and Grant Allocation Assessment of2.81 percent per annum (the interest rate is 1.405 percent per annum and the Grant Allocation Assessment rate is 1.405 percent per annum); and (c) Amendment 2 of$I,701,530, including $1,698,930 authorized for disbursement to the Local Government and $2,600 of Capitalized Interest, at a combined rate of interest and Grant Allocation Assessment of 2.52 percent per annum (the interest rate is 1.26 percent per annum and the Grant Allocation Assessment rate is 1.26 percent per annum). 5. An additional Loan Service Fee in the amount of$33,979, for a total of $92,584, is hereby assessed. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent of $4,629, 198. Estimated Loan Service Fee capitalized interest for the fee amount assessed to date is $5,410. 2 . . . . 6. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $158,327 until this Agreement is further amended. Such payments shall be received by the Department on January 15,2008 and semiannually thereafter on July 15 and January 15 of each year until all amounts due hereunder have been fully paid. Each Semiannual Loan Payment, after deduction of any unpaid Loan Service Fee amount, will be proportionally applied 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 $4,858,492, which consists of Loan principal of $4,760,498 plus the Loan Service Fee of $92,584 with its capitalized interest of $5,410. 7. The Local Government and the Department acknowledge that the actual cost of the Project has not been determined. Project cost adjustments may be made as a result of mutually agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. If the Local Government receives other governmental financial assistance for this Project, the costs funded by such other governmental assistance will not be financed by this Loan. The Department shall establish the final Project costs after its final inspection of the Project records. Changes in Project costs may also occur as a result of the Local Government's Project audit or a Department audit. Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the order in which they have been obligated without respect to budgetary line item estimates. All disbursements shall be made from the original Loan amount until that amount has been disbursed; the combined rate of interest and Grant Allocation Assessment established for the original Loan amount shall apply to such disbursements for the purpose of determining the associated Capitalized Interest and repayment amount. The combined rate of interest and Grant Allocation Assessment established for any additional increment of Loan financing shall be used to determine the Capitalized Interest and repayment amount associated with the funds disbursed from that increment. The estimated Project costs are revised as follows: CATEGORY Administrative Allowance Planning Allowance Engineering Allowance Construction and Demolition Contingencies Land Technical Services After Bid Opening Less CDBG SUBTOTAL (Disbursable Amount) Capitalized Interest TOTAL (Loan Principal Amount) COST($) 28,719 186,673 358,987 4,033,394 o 356,765 194,660 (530,000) 4,629,198 131,300 4,760,498 8. All other terms and provisions ofthe Loan Agreement shall remain in effect. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK 3 ,-'#. t This Amendment 2 to Loan Agreement SWG 12058624P 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 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 Deputy Director. for CITY OF SANFORD c----1 --L-<v> Q ) Mayor Attest I attest that this amendment complies with Section 2.02 of the eement and as to form and co -- ,....... ()/t1ud~ . &d'V(ji~ / City CI;t SEAL for STATE OF FLORIDA DE/J:;T OZVIRONMENT~ PRO::y~I~~Og7 Date Deputy Director Division of Water Resource Management 4