2003* WW590150PUBLIC WORKS & UTILITIES
To: City Clerk
RE: Request for Services
The items) noted below is/are attached and forwarded to your office for the following action(s):
❑ Ordinance
❑ Resolution
® Amendment Agreement-WW590150
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping (Vault)
Once completed, please:
❑ Return original
❑ Return copy
El
Special Instructions: Per Bill Marcous, please store this copy for safe keeping.
Please advise if you have any questions regarding the above.
Thank you!
From
)6 11,
D to
AMENDMENT 2 TO LOAN AGREEMENT WW590150
CITY OF SANFORD
This amendment is executed by the FLORIDA WATER POLLUTION CONTROL FINANCING
CORPORATION (the "Corporation") and the CITY OF SANFORD, FLORIDA, (the "Local
Borrower') existing as a local governmental entity under the laws of the State of Florida.
Collectively, the Department, the Corporation, and the Local Borrower shall be referred to as
"Parties" or individually as a `'Party".
WITNESSETH:
WHEREAS, the Corporation and the Local Borrower entered into a Clean Water State Revolving
Fund Loan Agreement, Number WW590150, as amended; and
WHEREAS, loan repayment activities need rescheduling to give the Local Borrower additional
time to complete construction.
WHEREAS, certain provisions of the Agreement need revision.
NOW, THEREFORE, the parties hereto agree as follows:
Section 8.12 of the Agreement is deleted and replaced as follows:
8.12. SCRUTINIZED COMPANIES.
(1) The Local. Borrower certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may
immediately terminate this Agreement at its sole option if the Local Borrower or its subcontractors
are found to have submitted a false certification; or if the Local Borrower, or its subcontractors are
placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel
during the term of the Agreement.
(2) If this Agreement is for more than one million dollars, the Local Borrower certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section
287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the
Local Borrower, its affiliates, or its subcontractors are found to have submitted a false certification;
or if the Local Borrower, its affiliates, or its subcontractors are placed on the Scrutinized
Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
(3) The Local Borrower agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
(4) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these
contracting prohibitions then they shall become inoperative.
2. Unless repayment is further deferred by amendment of the Agreement, Semiannual
Loan Payments as set forth in Section 10.05 shall be received by the Trustee beginning on
September 15, 2020, and semiannually thereafter on March 15 and September 15 of each year until
all amounts due under the Agreement have been fully paid.
3. The items scheduled under Section 10.07 of the Agreement are rescheduled as
follows:
(2) Completion of Project construction is scheduled for March 15, 2020.
(3) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later
than March 15, 2020.
(4) The initial annual certification required under Subsection 2.01(10) of this
Agreement shall be due June 15, 2020. Thereafter the certification shall be submitted no later than
September 30 of each year until the final Semiannual Loan Payment is made.
(5) The first Semiannual Loan Payment in the amount of $283,581 shall be due
September 15, 2020.
4. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
This Amendment 2 to Loan Agreement WW590150 may 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 Corporation has caused this amendment to the Loan
Agreement to be executed on its behalf by its Chief Executive Officer and the Local Borrower 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 Chief
Executive Officer of the Corporation.
for
FLORIDA WA
ief Executive
Rev
=SOL FINANCING CORPORATION
a
i
for
CITY OF
Attest:
Corporate Secretary
as to form and legal
APPROVED AND ACCEPTED BY THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
Secretary or Designee
3