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HomeMy WebLinkAboutR-2006-206 FDEP Amendment to Loan Agreement RESOLUTION NO. 2006-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA' (AGREEMENT NUMBER SW 79102P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officals are authorized to execute "Amendment 1" to the loan agreement existing between the City and the Department of Environmental Protection of the State of Florida (agreement number SW 79102P), pertaining to Project SWG12079102P (pursuant to Resolution No. 2004-81, adopted May 12, 2004, the loan application of the City was approved in the amount of$92,483.00 pertaining to stormwater projects). Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on November 28, 2006. PATRICIA FLUR MAYOR—COMMISSIONER ATTEST: A -� 1 : vk) LOUISE STILSON,CMC CITY CLERK APPROVED AS VFO AND CORRECTNESS: BY: r (. T OM S J. ANSBRO CITY ATTORNEY STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT SW79102P CITY OF DANIA BEACH This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department) and the CITY OF DANIA BEACH,FLORIDA, existing as a local government agency(Local Government)under the laws of the State of Florida. WITNESSETH: WHEREAS, the Department and the Local Government entered into a State Revolving Fund Loan Agreement,Number SW79102P; and WHF.,REAS,Loan repayment activities need rescheduling to give the Local Government additional time to complete preconstruction activities. NOW,THEREFORE, the parties hereto agree as follows: 1. 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 Department beginning on February 15, 2008, and semiannually thereafter on August 15 and February 15 of each year until all amounts due under the Agreement have been fully paid. 2. The items scheduled under Subsections 10.07 (5), (6), (7) and(8) of the Agreement are rescheduled as follows: (5) Completion of all Preconstruction Activities for all Project facilities proposed for loan funding no later than February 15, 2007. (6) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than August 15, 2007. (7) The date for the certification required under Subsection 2.01(10) of the Agreement is hereby revised.The initial annual certification shall be submitted no later than November 15, 2007. Thereafter,the annual certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Repayment is made. (8) Unless this Agreement is amended to provide construction financing,the first Semiannual Loan Payment in the amount of$3,162 shall be due February 15, 2008. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1 This Amendment 1 to Loan Agreement SW79102P 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 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 Director. r-7 for CITY OF,DANIA'BEACH City Manager Attest Approved as to Form 4nd Corectness All City Clerk Ty Attorney • SEAL i �a for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DEC 0 4 2006 Director Date Division of Water Resource Management 2 Department of NX� F oy EnvironmentalProtection Twin Towers Office Building leb Bush 2600 Blair Stone Road Colleen M.Castille Governor Tallahassee, Florida 32399-2400 Secretary November 16, 2006 Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: SW79102P - Dania Beach Southeast Drainage Improvements Dear Mr. Pato: Enclosed are three original copies of proposed Amendment 1 to your State Revolving Fund loan agreement. The amendment provides the City additional time to complete preconstruction activities. • Please sign and seal the enclosed three copies and return them to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Director to sign the document and mail a fully executed copy to you. If you have any questions regarding this amendment, please call Erin Stacklyn at (850) 245-8358. Sincerely, 1 Don1N:'BerryhilrE., Chief` Bureau of Water Facilities Funding D WB/es Enclosures cc: Frederick Bloetscher- Public Utility Management & Planning Services, Inc Patricia Varney- City of Dania Beach Fernando Vazquez - City of Dania Beach Printed on recycled paper.