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HomeMy WebLinkAboutState Revolving Fund #CS120825020 & CS120825030 it4f4 a'' Department of ` g FLOR Environmental Protection Twin Towers Office Building Jeb Bush 2600 Blair Stone Road Colleen M.Castille Governor Tallahassee, Florida 32399-2400 Secretary 1 July 20, 2005 Ms. Andrea Bowers City Treasurer City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Re: CS120825020 and CS120825030 - Cape Canaveral Dear Ms. Bowers: We reviewed the annual certifications regarding pledged revenue collections, escrow account balances, loan repayment reserve accounts, and insurance coverage for your State Revolving Fund loans. The certifications are accepted. Your compliance with this annual requirement is appreciated. Sincerely, i (I)- _-e v)-C.,—Z,e--- Carol L. Hall i Bureau of Water Facilities Funding S I ".More Protection, Less Process" Printed on recycled paper. ��ko PRO E(1ION ' r b * Department of ' Environmental Protection Lawton Chiles Virginia B.Wetherell Governor Secretary CERTIFIED MAIL DISTRIBUTION 'JAN 0 6 1993 Mayor 7 City Council / City Mgr. / City Atty. Pub.Works Dir.-z_ Honorable Rocky Randels, Mayor Building On. City of Cape Canaveral Finance Dir. 1 J 105 Polk Avenue - Cape Canaveral, Florida 32920 Re: CS120825020 - Cape Canaveral Amendment 3 Dear Mayor Randels: Enclosed is one copy of Amendment 3 to your loan under the State Revolving Fund program. The amendment is now in effect. No further amendments to this loan are anticipated. We congratulate you and your staff on the completion of your Treatment Facilities project and are pleased that we could work with you. Sincerely, , \,..21:).. . ,_)),.....______kits-- -bl Virginia . Wetherell Secretary VBW/bc Enclosure cc: Bennett Boucher- Cape Canaveral Gary Revoir- Orlando Christianne Ferraro - Orlando "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. STATE REVOLVING FUND AMENDMENT 3 TO LOAN AGREEMENT CS120825020 CITY OF CAPE CANAVERAL This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department)and the CITY OF CAPE CANAVERAL, 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 CS120825020,as amended, authorizing a Loan amount of $7,797,000, excluding Capitalized Interest; and WHEREAS,the Loan amount, Loan Service Fee,and Project costs need adjustment to reflect actual costs; and WHEREAS,the Local Government has made three Semiannual Loan Payments to the Department; and WHEREAS,the Semiannual Loan Payment amount needs revision to reflect adjustment of the Loan amount and to reflect the Capitalized Interest actually incurred; and WHEREAS,the Project schedule needs revision to include certain dates established during the final construction inspection; and WHEREAS,revision of Article II, Section 2.01 (15) is appropriate so that the Local Government may submit the required annual certification at the time that it submits its annual audit. NOW, THEREFORE,the parties hereto agree as follows: 1. The Loan amount authorized for disbursement is hereby reduced by$237,315.00, which represents surplus funds not disbursed to the Local Government. 2. The Loan Service Fee is reduced$4,653.00 and the adjusted total service fee for this loan is$145,289.00. 3. The total principal amount loaned to the Local Government was $7,581,088.25, which consisted of$7,414,396.00 disbursed to the Local Government,the Loan Service Fee of $145,289.00 disbursed directly to the Department, and $21,403.25 of accrued Capitalized Interest. 4. The unpaid principal of the Loan is$7,061,756.44,which amount accounts for the Department's receipt of three Semiannual Loan Payments and consists of the following: (a) $4,146,598.27 at an interest rate of 3.17 percent per annum; and 1 (b) $1,579,350.56 at an interest rate of 2.92 percent per annum. (c) $1,335,807.61 at an interest rate of 2.97 percent per annum. 5. The Semiannual Loan Payment amount, adjusted to account for payments received from the Local Government to date, is hereby revised and shall be in the amount of$251,693.75. Such payment shall be received by the Department on or before January 1, 1998 and semiannually thereafter on July 1 and January 1 until all amounts due hereunder have been fully paid. 6. Attachment B,Revision 2: Estimated Loan Disbursement Schedule, is hereby deleted in its entirety. Actual disbursements are provided in the Semiannual loan statements. 7. Attachment C,Revision 1: Project Costs, is hereby deleted in its entirety and replaced with Attachment C,Revision 2, attached hereto and made a part hereof. 8. Attachment D, Revision 1: Project Schedule, is hereby amended to include Attachment D attached hereto and made a part hereof. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 This Amendment 3 to Loan Agreement CS120825020 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. This amendment incorporates Attachments C and D hereto. IN WITNESS WHEREOF,the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary of the Department 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 Secretary of the Department. for CITY OF CAPE CANAVERAL C •••.c,. c__V_%.,1 CR:),..,,,S:Laa..., Mayor ro . Form and -:a ity 0 A est by City Clerk ii" 7ttorne SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ` .� -te2N....J..1\ DR a 199✓ Secretary Date 3 ATTACHMENT C,REVISION 2: PROJECT COSTS The Local Government and the Department acknowledge that changes in Project costs may occur as a result of the Local Government's Project audit or a Department audit pursuant to Chapter 62-503 of the Florida Administrative Code. Unless this Agreement is amended subsequent to an audit,the following Project costs shall be final. CATEGORY COST (1) Administrative Allowance $ 42,840.00 (2) Engineering Allowance 456,960.00 (3) Construction 6,635,254.00 (4) Technical Services During Construction Contractual 129,400.00 Force Account 0 SUBTOTAL 7,264,454.00 (5)Loan Repayment Reserve* 149,942.00 SUBTOTAL(Disbursed to Local Government) 7,414,396.00 (6)Loan Service Fee* 145,289.00 SUBTOTAL 7,559,685.00 (7)Capitalized Interest 21,403.25 TOTAL(Loan Principal Amount) $7,581,088.25 *The Loan Repayment Reserve represents two percent of the original Loan amount excluding the Capitalized Interest,Loan Repayment Reserve,and Loan Service Fee amounts;that is,two percent of$7,497,115 which equals $145,942. The Loan Service Fee represents two percent of the amended Loan amount excluding the Capitalized Interest,Loan Repayment Reserve, and Loan Service Fee amounts,that is two percent of$7,264,454 which equals $145,289. 4 ATTACHMENT D,REVISION 1: PROJECT SCHEDULE The Local Government agrees by execution hereof: 1. The date on which the Department conducted the final construction inspection of the Project was April 8, 1997. Construction costs incurred after this date are not eligible for Loan funding. Certain construction-related costs may be eligible if incurred by the construction cut- off date identified below. 2. The construction cost cut-off date established for the Project is June 8, 1997. 3. The date for the certification required under Article II, Section 2.01(15)of the Agreement is hereby revised;the certification shall be submitted annually with the audit required under Section 2.01(12). 4. The close-out audit required under Section 2.01(14)of this Agreement shall be submitted within twelve months after the effective date of this amendment. 5 11/14/1997 CALCULATION OF SEMI-ANNUAL PAYMENT FOR REMAINING YEARS LOCAL GOVERNMENT: CAPE CANAVERAL PROJECT NUMBER: CS120825020 BEGINNING OF 20 YEAR TERM: 01/01/1996 PAYMENTS REMAINING: 37 ORIGINAL LOAN COMBINED INTEREST RATE: 3.170% PRESENT COMB.INT. AT TOTAL OWED AT VALUE* AT PAYMENT DATE BALANCE FORWARD DISBURSEMENT 01/01/1998 01/01/1998 07/01/1997 AMOUNT 07/01/1997 4,146,598.27 65,723.58 4,212,321.85 SUBTOTALS 4,146,598.27 65,723.58 4,212,321.85 4,146,598.27 148,986.78 AMENDMENT 1 COMBINED INTEREST RATE: 2.920% PRESENT COMB.INT. AT TOTAL OWED AT VALUE* AT PAYMENT DATE BALANCE FORWARD DISBURSEMENT 01/01/1998 01/01/1998 07/01/1997 AMOUNT 07/01/1997 1,579,350.56 23,058.52 1,602,409.08 SUBTOTALS 1,579,350.56 23,058.52 1,602,409.08 1,579,350.56 55,550.87 AMENDMENT 2 COMBINED INTEREST RATE: 2.970% PRESENT COMB.INT. AT TOTAL OWED AT VALUE* AT PAYMENT DATE BALANCE FORWARD DISBURSEMENT 01/01/1998 01/01/1998 07/01/1997 AMOUNT 07/01/1997 1,254,721.61 18,632.62 1,273,354.23 11/07/1997 48,254.00 215.95 48,469.95 11/12/1997 32,832.00 133.58 32,965.58 SUBTOTALS 1,254,721.61 81,086.00 18,982.15 1,354,789.76 1,334,965.52 47,156.10 TOTALS 6,980,670.44 81,086.00 107,764.25 7,169,520.69 7,060,914.35 251,693.75 *PRESENT VALUE IS THE TOTAL OWED DIVIDED BY (1+(COMBINED INTEREST RATE)/2). THE PAYMENT AMOUNT IS COMPUTED USING THE PRESENT VALUE. 11/14/1997 REVOLVING FUND LOAN PAGE 1 ***REPAYMENT SCHEDULE*** LOCAL GOVERNMENT: CAPE CANAVERAL LOAN NUMBER: CS120825020 SEMIANNUAL PAYMENT DATES: JANUARY 01/JULY 01 ORIGINAL LOAN COMBINED INTEREST RATE: 3.170 PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING 01/01/1996 0 4,472,403.25 07/01/1996 1 197,533.72 60,345.45 137,188.27 4,335,214.98 01/01/1997 2 168,131.15 68,713.16 99,417.99 4,235,796.99 07/01/1997 3 156,336.10 67,137.38 89,198.72 4,146,598.27 01/01/1998 4 148,986.78 65,723.58 83,263.20 4,063,335.07 07/01/1998 5 148,986.78 64,403.86 84,582.92 3,978,752.15 01/01/1999 6 148,986.78 63,063.22 85,923.56 3,892,828.59 07/01/1999 7 148,986.78 61,701.33 87,285.45 3,805,543.14 01/01/2000 8 148,986.78 60,317.86 88,668.92 3,716,874.22 07/01/2000 9 148,986.78 58,912.46 90,074.32 3,626,799.90 01/01/2001 10 148,986.78 57,484.78 91,502.00 3,535,297.90 07/01/2001 11 148,986.78 56,034.47 92,952.31 3,442,345.59 01/01/2002 12 148,986.78 54,561.18 94,425.60 3,347,919.99 07/01/2002 13 148,986.78 53,064.53 95,922.25 3,251,997.74 01/01/2003 14 148,986.78 51,544.16 97,442.62 3,154,555.12 07/01/2003 15 148,986.78 49,999.70 98,987.08 3,055,568.04 01/01/2004 16 148,986.78 48,430.75 100,556.03 2,955,012.01 07/01/2004 17 148,986.78 46,836.94 102,149.84 2,852,862.17 01/01/2005 18 148,986.78 45,217.87 103,768.91 2,749,093.26 07/01/2005 19 148,986.78 43,573.13 105,413.65 2,643,679.61 01/01/2006 20 148,986.78 41,902.32 107,084.46 2,536,595.15 07/01/2006 21 148,986.78 40,205.03 108,781.75 2,427,813.40 01/01/2007 22 148,986.78 38,480.84 110,505.94 2,317,307.46 07/01/2007 23 148,986.78 36,729.32 112,257.46 2,205,050.00 01/01/2008 24 148,986.78 34,950.04 114,036.74 2,091,013.26 07/01/2008 25 148,986.78 33,142.56 115,844.22 1,975,169.04 01/01/2009 26 148,986.78 31,306.43 117,680.35 1,857,488.69 07/01/2009 27 148,986.78 29,441.20 119,545.58 1,737,943.11 01/01/2010 28 148,986.78 27,546.40 121,440.38 1,616,502.73 07/01/2010 29 148,986.78 25,621.57 123,365.21 1,493,137.52 01/01/2011 30 148,986.78 23,666.23 125,320.55 1,367,816.97 07/01/2011 31 148,986.78 21,679.90 127,306.88 1,240,510.09 01/01/2012 32 148,986.78 19,662.08 129,324.70 1,111,185.39 07/01/2012 33 148,986.78 17,612.29 131,374.49 979,810.90 01/01/2013 34 148,986.78 15,530.00 133,456.78 846,354.12 07/01/2013 35 148,986.78 13,414.71 135,572.07 710,782.05 01/01/2014 36 148,986.78 11,265.90 137,720.88 573,061.17 07/01/2014 37 148,986.78 9,083.02 139,903.76 433,157.41 01/01/2015 38 148,986.78 6,865.54 142,121.24 291,036.17 07/01/2015 39 148,986.78 4,612.92 144,373.86 146,662.31 01/01/2016 40 148,986.91 2,324.60 146,662.31 0.00 SUBTOTALS 6,034,511.96 1,562,108.71 4,472,403.25 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 11/14/1997 REVOLVING FUND LOAN PAGE 2 AMENDMENT 1 COMBINED INTEREST RATE: 2.920 PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING 01/01/1996 0 1,503,044.00 07/01/1996 1 65,653.28 3,482.77 62,170.51 1,655,829.49 01/01/1997 2 64,116.45 23,599.03 40,517.42 1,615,312.07 07/01/1997 3 59,545.07 23,583.56 35,961.51 1,579,350.56 01/01/1998 4 55,550.87 23,058.52 32,492.35 1,546,858.21 07/01/1998 5 55,550.87 22,584.13 32,966.74 1,513,891.47 01/01/1999 6 55,550.87 22,102.82 33,448.05 1,480,443.42 07/01/1999 7 55,550.87 21,614.47 33,936.40 1,446,507.02 01/01/2000 8 55,550.87 21,119.00 34,431.87 1,412,075.15 07/01/2000 9 55,550.87 20,616.30 34,934.57 1,377,140.58 01/01/2001 10 55,550.87 20,106.25 35,444.62 1,341,695.96 07/01/2001 11 55,550.87 19,588.76 35,962.11 1,305,733.85 01/01/2002 12 55,550.87 19,063.71 36,487.16 1,269,246.69 07/01/2002 13 55,550.87 18,531.00 37,019.87 1,232,226.82 01/01/2003 14 55,550.87 17,990.51 37,560.36 1,194,666.46 07/01/2003 15 55,550.87 17,442.13 38,108.74 1,156,557.72 01/01/2004 16 55,550.87 16,885.74 38,665.13 1,117,892.59 07/01/2004 17 55,550.87 16,321.23 39,229.64 1,078,662.95 01/01/2005 18 55,550.87 15,748.48 39,802.39 1,038,860.56 07/01/2005 19 55,550.87 15,167.36 40,383.51 998,477.05 01/01/2006 20 55,550.87 14,577.76 40,973.11 957,503.94 07/01/2006 21 55,550.87 13,979.56 41,571.31 915,932.63 01/01/2007 22 55,550.87 13,372.62 42,178.25 873,754.38 07/01/2007 23 55,550.87 12,756.81 42,794.06 830,960.32 01/01/2008 24 55,550.87 12,132.02 43,418.85 787,541.47 07/01/2008 25 55,550.87 11,498.11 44,052.76 743,488.71 01/01/2009 26 55,550.87 10,854.94 44,695.93 698,792.78 07/01/2009 27 55,550.87 10,202.37 45,348.50 653,444.28 01/01/2010 28 55,550.87 9,540.29 46,010.58 607,433.70 07/01/2010 29 55,550.87 8,868.53 46,682.34 560,751.36 01/01/2011 30 55,550.87 8,186.97 47,363.90 513,387.46 07/01/2011 31 55,550.87 7,495.46 48,055.41 465,332.05 01/01/2012 32 55,550.87 6,793.85 48,757.02 416,575.03 07/01/2012 33 55,550.87 6,082.00 49,468.87 367,106.16 01/01/2013 34 55,550.87 5,359.75 50,191.12 316,915.04 07/01/2013 35 55,550.87 4,626.96 50,923.91 265,991.13 01/01/2014 36 55,550.87 3,883.47 51,667.40 214,323.73 07/01/2014 37 55,550.87 3,129.13 52,421.74 161,901.99 01/01/2015 38 55,550.87 2,363.77 53,187.10 108,714.89 07/01/2015 39 55,550.87 1,587.24 53,963.63 54,751.26 01/01/2016 40 55,550.63 799.37 54,751.26 0.00 SUBTOTALS 2,244,696.75 526,696.75 1,718,000.00 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 11/14/1997 REVOLVING FUND LOAN PAGE 3 AMENDMENT 2 COMBINED INTEREST RATE: 2.970 PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING 01/01/1996 0 0.00 07/01/1996 1 0.00 0.00 0.00 804,499.00 01/01/1997 2 30,939.39 5,909.13 25,030.26 1,284,568.74 07/01/1997 3 47,305.83 17,458.70 29,847.13 1,335,807.61 01/01/1998 4 47,156.10 18,982.15 28,173.95 1,307,633.66 07/01/1998 5 47,156.10 19,418.36 27,737.74 1,279,895.92 01/01/1999 6 47,156.10 19,006.45 28,149.65 1,251,746.27 07/01/1999 7 47,156.10 18,588.43 28,567.67 1,223,178.60 01/01/2000 8 47,156.10 18,164.20 28,991.90 1,194,186.70 07/01/2000 9 47,156.10 17,733.67 29,422.43 1,164,764.27 01/01/2001 10 47,156.10 17,296.75 29,859.35 1,134,904.92 07/01/2001 11 47,156.10 16,853.34 30,302.76 1,104,602.16 01/01/2002 12 47,156.10 16,403.34 30,752.76 1,073,849.40 07/01/2002 13 47,156.10 15,946.66 31,209.44 1,042,639.96 01/01/2003 14 47,156.10 15,483.20 31,672.90 1,010,967.06 07/01/2003 15 47,156.10 15,012.86 32,143.24 978,823.82 01/01/2004 16 47,156.10 14,535.53 32,620.57 946,203.25 07/01/2004 17 47,156.10 14,051.12 33,104.98 913,098.27 01/01/2005 18 47,156.10 13,559.51 33,596.59 879,501.68 07/01/2005 19 47,156.10 13,060.60 34,095.50 845,406.18 01/01/2006 20 47,156.10 12,554.28 34,601.82 810,804.36 07/01/2006 21 47,156.10 12,040.44 35,115.66 775,688.70 01/01/2007 22 47,156.10 11,518.98 35,637.12 740,051.58 07/01/2007 23 47,156.10 10,989.77 36,166.33 703,885.25 01/01/2008 24 47,156.10 10,452.70 36,703.40 667,181.85 07/01/2008 25 47,156.10 9,907.65 37,248.45 629,933.40 01/01/2009 26 47,156.10 9,354.51 37,801.59 592,131.81 07/01/2009 27 47,156.10 8,793.16 38,362.94 553,768.87 01/01/2010 28 47,156.10 8,223.47 38,932.63 514,836.24 07/01/2010 29 47,156.10 7,645.32 39,510.78 475,325.46 01/01/2011 30 47,156.10 7,058.58 40,097.52 435,227.94 07/01/2011 31 47,156.10 6,463.13 40,692.97 394,534.97 01/01/2012 32 47,156.10 5,858.84 41,297.26 353,237.71 07/01/2012 33 47,156.10 5,245.58 41,910.52 311,327.19 01/01/2013 34 47,156.10 4,623.21 42,532.89 268,794.30 07/01/2013 35 47,156.10 3,991.60 43,164.50 225,629.80 01/01/2014 36 47,156.10 3,350.60 43,805.50 181,824.30 07/01/2014 37 47,156.10 2,700.09 44,456.01 137,368.29 01/01/2015 38 47,156.10 2,039.92 45,116.18 92,252.11 07/01/2015 39 47,156.10 1,369.94 45,786.16 46,465.95 01/01/2016 40 47,155.97 690.02 46,465.95 0.00 SUBTOTALS 1,823,020.79 432,335.79 1,390,685.00 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 11/14/1997 REVOLVING FUND LOAN PAGE 4 ALL LOAN INCREMENTS COMBINED PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING 01/01/1996 0 0.00 0.00 0.00 5,975,447.25 07/01/1996 1 263,187.00 63,828.22 199,358.78 6,795,543.47 01/01/1997 2 263,186.99 98,221.32 164,965.67 7,135,677.80 07/01/1997 3 263,187.00 108,179.64 155,007.36 7,061,756.44 01/01/1998 4 251,693.75 107,764.25 143,929.50 6,917,826.94 07/01/1998 5 251,693.75 106,406.35 145,287.40 6,772,539.54 01/01/1999 6 251,693.75 104,172.49 147,521.26 6,625,018.28 07/01/1999 7 251,693.75 101,904.23 149,789.52 6,475,228.76 01/01/2000 8 251,693.75 99,601.06 152,092.69 6,323,136.07 07/01/2000 9 251,693.75 97,262.43 154,431.32 6,168,704.75 01/01/2001 10 251,693.75 94,887.78 156,805.97 6,011,898.78 07/01/2001 11 251,693.75 92,476.57 159,217.18 5,852,681.60 01/01/2002 12 251,693.75 90,028.23 161,665.52 5,691,016.08 07/01/2002 13 251,693.75 87,542.19 164,151.56 5,526,864.52 01/01/2003 14 251,693.75 85,017.87 166,675.88 5,360,188.64 07/01/2003 15 251,693.75 82,454.69 169,239.06 5,190,949.58 01/01/2004 16 251,693.75 79,852.02 171,841.73 5,019,107.85 07/01/2004 17 251,693.75 77,209.29 174,484.46 4,844,623.39 01/01/2005 18 251,693.75 74,525.86 177,167.89 4,667,455.50 07/01/2005 19 251,693.75 71,801.09 179,892.66 4,487,562.84 01/01/2006 20 251,693.75 69,034.36 182,659.39 4,304,903.45 07/01/2006 21 251,693.75 66,225.03 185,468.72 4,119,434.73 01/01/2007 22 251,693.75 63,372.44 188,321.31 3,931,113.42 07/01/2007 23 251,693.75 60,475.90 191,217.85 3,739,895.57 01/01/2008 24 251,693.75 57,534.76 194,158.99 3,545,736.58 07/01/2008 25 251,693.75 54,548.32 197,145.43 3,348,591.15 01/01/2009 26 251,693.75 51,515.88 200,177.87 3,148,413.28 07/01/2009 27 251,693.75 48,436.73 203,257.02 2,945,156.26 01/01/2010 28 251,693.75 45,310.16 206,383.59 2,738,772.67 07/01/2010 29 251,693.75 42,135.42 209,558.33 2,529,214.34 01/01/2011 30 251,693.75 38,911.78 212,781.97 2,316,432.37 07/01/2011 31 251,693.75 35,638.49 216,055.26 2,100,377.11 01/01/2012 32 251,693.75 32,314.77 219,378.98 1,880,998.13 07/01/2012 33 251,693.75 28,939.87 222,753.88 1,658,244.25 01/01/2013 34 251,693.75 25,512.96 226,180.79 1,432,063.46 07/01/2013 35 251,693.75 22,033.27 229,660.48 1,202,402.98 01/01/2014 36 251,693.75 18,499.97 233,193.78 969,209.20 07/01/2014 37 251,693.75 14,912.24 236,781.51 732,427.69 01/01/2015 38 251,693.75 11,269.23 240,424.52 492,003.17 07/01/2015 39 251,693.75 7,570.10 244,123.65 247,879.52 01/01/2016 40 251,693.51 3,813.99 247,879.52 0.00 TOTALS 10,102,229.50 2,521,141.25 7,581,088.25 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 0 PROiE(iION I 14* e 'y \ Department of A Environmental Protection Twin Towers Office Building Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell Governor Tallahassee, Florida 32399-2400 Secretary FILE COPY November 21, 1997 Honorable John K. Porter,Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 Re: Loan CS 120825020- Cape Canaveral Amendment 3 Dear Mayor Porter: Enclosed are three original copies of proposed Amendment 3 to State Revolving Fund loan agreement CS120825020. The amendment adjusts the project costs and reduces the semiannual loan payment. The remainder of the Service Fee, $32,832 has been disbursed directly to the Department. These adjustments are final unless further revisions become necessary as a result of an audit. A repayment calculation worksheet and an amortization schedule are also enclosed. Please sign and seal(along with other designated City officials)the enclosed three copies and return them to us within three weeks at the address in the letterhead, Mail Station 3505. We will arrange for Secretary Wetherell to sign the document and mail a fully executed copy to you. If this Amendment is not fully executed before the next payment date, January 1, 1998,the higher payment amount specified in the preceding Amendment 2 will be due. If you have any questions,please call Betty Carpenter at(850)488-8163. Sincerely, • /4 Di /i . terry ill, r. . Chief Bureau of Water Facilities Funding DWB/bc Enclosures Bennett Boucher-Cape Canaveral Andrea Bowers- Cape Canaveral Gary Revoir-Hartman and Associate/Orlando Christianne Ferraro-DEP/Orlando "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. VAOIECrION t #H Department of t *�� �' . , -' Environmental Protection .................., Twin Towers Office Building Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell Governor Tallahassee, Florida 32399-2400 Secretary CERTIFIED MAIL OEC 1 5 DISTRI:UT oN FILE COPY Mayorwi City Council , �/ City Mgr. Honorable John K. Porter, Mayor city Atty. City of Cape Canaveral Pub.Works Dir. Building Orf. 105 Polk Avenue Finance Dii. Cape Canaveral, Florida 32920 Re: CS 120825020 - Cape Canaveral Treatment& Reclaimed Water Reuse Facilities (Upgrade STP and Manmade Wetlands) Dear Mayor Porter: We are pleased to provide additional financing under the State Revolving Fund loan program for construction of your treatment plant upgrade and reuse facilities. 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. Sincerely, ) `) 0.LSO Q Virginia B. Wetherell Secretary VBW/mpt Enclosure cc: Bennett Boucher- Cape Canaveral Gary Revoir- Hartman and Associates/Orlando Christianne Ferraro - DEP/Orlando "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. i STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT CS120825020 CITY OF CAPE CANAVERAL This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department)and the CITY OF CAPE CANAVERAL, 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 CS 120825020, as amended, authorizing a Loan amount of$6,169,000, excluding Capitalized Interest; and WHEREAS,the Local Government is entitled to an Additional Completion Loan of$1,628,000, excluding Capitalized Interest, pursuant to Chapter 62-503 (formerly 17-503), Florida Administrative Code; and WHEREAS, a separate interest rate is to be established for the Additional Completion Loan amount awarded in this amendment pursuant to Chapter 62-503; and WHEREAS, a Loan Service Fee shall be paid by the Local Government for the Additional Completion Loan and may be included as part of the Loan amount pursuant to Chapter 62-503; and WHEREAS,the Semiannual Loan Payment amount,the disbursement schedule, and the Project costs need revision to reflect adjustment in the Loan amount. NOW,THEREFORE,the parties hereto agree as follows: 1. An Additional Completion Loan in the amount of$1,628,000, excluding Capitalized Interest, is hereby awarded to the Local Government. 2. An interest rate of 2.97 percent per annum is established for the Additional Completion Loan amount awarded in this amendment;however, if this amendment is not executed by the Local Government and Department before January 1, 1996,this interest rate shall be adjusted pursuant to Chapter 62-503, Florida Administrative Code. 3. An additional Loan Service Fee in the amount of$31,308, for a total of$149,942, is hereby assessed and included in the principal amount of the Loan. It shall be disbursed directly to the Department's Operating Trust Fund in the increments and at the times set forth in Chapter 62- 503, Florida Administrative Code. 4. The principal amount of the Loan is hereby revised to include the authorized Loan amount to be disbursed of$7,797,000 and estimated Capitalized Interest of$23,692 for a total of $7,820,692. This total consists of the following: 1 (a) $4,474,692 including$23,692 of Capitalized Interest, at an interest rate of 3.17 percent per annum; and (b) $1,718,000 at an interest rate of 2.92 percent per annum. (c) $1,628,000 at an interest rate of 2.97 percent per annum. 5. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $263,187. Such payments shall be received by the Department on or before July 1, 1996 and semiannually thereafter on January 1 and July 1 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 toward repayment of the amounts owed(based on disbursements, Capitalized Interest and accrued interest)on each incremental Loan amount at the date such payment is due. 6. Attachment B, Revision 1, Loan Disbursement Schedule, is hereby deleted in its entirety and replaced with Attachment B, Revision 2, attached hereto and made a part hereof. 7. Attachment C, Project Costs, is hereby deleted in its entirety and replaced with Attachment C, Revision 1, attached hereto and made a part hereof. 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 CS 120825020 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. This amendment incorporates Attachments B and C hereto. IN WITNESS WHEREOF,the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary of the Department 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 Secretary of the Department. for CIT $F CAPE CANAVE Mayor JOHN K. PORTER Attest: c4fA City Clerk r %• t, ;:, SEAL Al for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION L) \ /A. QLs) to— \5- es Secretary Date 3 ATTACHMENT B,REVISION 2: ESTIMATED LOAN DISBURSEMENT SCHEDULE The estimated schedule for disbursement of Loan proceeds follows: Date Amount October 26, 1994 $ 64,197 * November 28, 1994 321,000 August 29, 1995 343,935 September 22, 1995 24,779 * October 1995 500,000 November 1995 500,000 December 1995 500,000 January 1996 500,000 February 1996 500,000 March 1996 500,000 April 1996 350,000 May 1996 347,089 June 1996 600,000 July 1996 600,000 August 1996 518,000 September 1996 628,000 October 1996 500,000 November 1996 500,000 The total Loan amount to be disbursed is $7,797,000. This amount is equal to the authorized Loan amount less Capitalized Interest, and it includes the Loan Service Fee amount to be disbursed directly to the Department. *These amounts were disbursed directly to the Department's Operating Trust Fund in partial payment of the Loan Service Fee pursuant to Chapter 62-503, Florida Administrative Code. 4 ATTACHMENT C,REVISION 1: PROJECT COSTS The Local Government and the Department acknowledge that the actual cost of the Project has not been determined. Project cost adjustments may be made as a result of mutually agreed upon Project changes. Additional Loan Repayment Reserve Account and Loan Service Fee amounts will be established for any Additional Completion Loan. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. The final cost shall be established after all Project costs are reviewed by the Department. Changes in Project costs may also occur as a result of the Local Government's Project audit or a Department audit pursuant to Chapter 62-503. Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the order in which they have been obligated without respect to budgetary line item estimates. All disbursements shall be made from the original Loan amount until that amount has been disbursed; the interest rate established for the original Loan amount shall apply to such disbursements for the purpose of determining the associated Capitalized Interest and repayment amounts. The interest rate established for any additional increment of Loan funds obligated shall be used to determine the Capitalized Interest and repayment amounts associated with the funds disbursed from that increment. The estimated Project costs are as follows: AUTHORIZED LOAN CATEGORY COST($) AMOUNT TO DATE($) (1)Administrative Allowance 42,840 (2)Engineering Allowance 456,960 Line items (3) Construction and Demolition 6,500,000 (4)Equipment and Materials 0 may vary (5)Land 0 (6)Contingencies 325,000 based on (7)Technical Services During Construction Contractual 300,000 actual Force Account 0 (8)Financing disbursements Short Term 0 Refinancing 0 (9)Project Performance Certification 15,000 SUBTOTAL 7,639,800 7,497,116 (10) Loan Repayment Reserve* 152,796 149,942 (11)Loan Service Fee* 152,796 149,942 SUBTOTAL 7,945,392 7,797,000 (12) Capitalized Interest 23,692 23,692 TOTAL 7,969,084 7,820,692 *The Loan Service Fee and Loan Repayment Reserve each represent two percent of the Loan amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee amounts. The incremental amount for this amendment is 2.0 percent of$1,565,385;that is, $31,308. 5 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF CAPE CANAVERAL WASTEWATER TREATMENT REVOLVING LOAN FUND AGREEMENT LOAN NUMBER CS120825020 Florida Department of Environmental Protection Bureau of Local Government Wastewater Financial Assistance Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 t t WASTEWATER TREATMENT REVOLVING LOAN FUND AGREEMENT CONTENTS PAGE ARTICLE I DEFINITIONS 1.01. WORDS AND TERMS. 1 1.02. CORRELATIVE WORDS. 3 ARTICLE II WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 3 2.02. CONDITIONS PRECEDENT. 6 ARTICLE III MONTHLY ESCROW AND LOAN REPAYMENT ACCOUNTS 3.01. MONTHLY ESCROW ACCOUNT. 6 3.02. INVESTMENT OF ESCROW MONEYS. 7 3.03. ESCROW WITHDRAWALS. 7 3.04. LOAN REPAYMENT RESERVE ACCOUNT. 7 3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. 7 3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. 7 3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. 7 3.08 ASSETS HELD IN TRUST. 7 ARTICLE IV PROJECT INFORMATION 4.01. PROJECT CHANGES. 8 4.02. TITLE TO PROJECT SITE. 8 4.03. PERMITS AND APPROVALS. 8 4.04. ENGINEERING SERVICES. 8 4.05. PROHIBITION AGAINST ENCUMBRANCES. 8 4.06. COMPLETION MONEYS. 8 4.07. SURPLUS LOAN FUNDS. 8 4.08. LOAN DISBURSEMENTS. 8 ARTICLE V RATES AND USE OF THE SEWER SYSTEM 5.01. RATE COVERAGE. 9 5.02. NO FREE SERVICE. 9 5.03. MANDATORY CONNECTIONS. 9 5.04. NO COMPETING SERVICE. 10 5.05. MAINTENANCE OF THE SEWER SYSTEM. 10 5.06. ADDITIONS AND MODIFICATIONS. 10 5.07. COLLECTION OF REVENUES. 10 ARTICLE VI DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. 10 6.02. REMEDIES. 11 6.03. DELAY AND WAIVER. 12 ARTICLE VII THE PLEDGED REVENUES 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 12 7.02. ADDITIONAL DEBT OBLIGATIONS. 12 i CONTENTS PAGE ARTICLE VIII GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. 12 8.02. PROJECT RECORDS AND STATEMENTS. 13 8.03. ACCESS TO PROJECT SITE. 13 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 13 8.05. AMENDMENT OF AGREEMENT. 13 8.06. SEVERABILITY CLAUSE. 13 8.07. EXECUTION OF AGREEMENT. 13 ARTICLE IX CONSTRUCTION CONTRACTS AND INSURANCE 9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. 13 9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. 14 9.03. INSURANCE REQUIRED. 14 ARTICLE X DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. 15 10.02. PROJECT COSTS. 15 10.03. PROJECT SCHEDULE. 16 10.04. INTEREST RATE. 16 10.05. LOAN TERM 16 10.06. REPAYMENT SCHEDULE. 16 ATTACHMENT A: PROJECT DESCRIPTION. 18 ATTACHMENT B: LOAN DISBURSEMENT SCHEDULE. 19 ii WASTEWATER TREATMENT REVOLVING LOAN FUND AGREEMENT THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF CAPE CANAVERAL, FLORIDA, existing as a local government agency (Local Government) under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to Section 403.1835, Florida Statutes, the Department is authorized to make loans to local government agencies to finance or refinance the construction of wastewater pollution control facilities, the planning and design of which have been reviewed by the Department; and WHEREAS, the Local Government has made application for the financing of the Project, and the Department has determined that such Project meets all requirements for a loan; NOW, THEREFORE, in consideration of the Department loaning money to the Local Government, in the principal amount and the covenants hereinafter set forth, it is agreed as follows: ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below: (1) "Additional Completion Loan" shall mean a loan subsequent to the Loan authorized by this Agreement, which may be made to the Local Government by the Department for the purpose of furnishing additional funds to complete the Project. The interest rate for any Additional Completion Loan shall be established pursuant to Chapter 17-503 of the Florida Administrative Code. (2) "Agreement" or "Loan Agreement" shall mean this agreement, including any amendments hereto. (3) "Authorized Representative" shall mean the official of the Local Government authorized by ordinance or resolution to sign documents associated with the Loan. (4) "Capital Contribution" shall mean moneys from such sources as impact fees, assessments, and contributions in-aid-to-construction. (5) "Capitalized Interest" shall mean interest accruing on a loan before repayment begins. Capitalized interest shall be included in the principal of the Loan. Capitalized interest is not disbursed to the Local Government, but it shall be amortized via periodic loan repayments to the Department as if it were actually disbursed. Capitalized interest shall be computed at the interest rate 1 set for the Loan. It accrues and is compounded annually from the time when disbursements are made until six months before the first Semiannual Loan Payment is due. (6) "Cost of Construction" shall mean the costs for furnishing and installing, equipping, constructing, altering, remodeling, or improving facilities. It shall also mean the cost of interim financing, refinancing, or payment of other debt of the Local Government, the proceeds of which were used for the foregoing purposes. (7) "Depository" or "Qualified Public Depository" shall mean a bank or savings association organized and existing under the laws of the State of Florida and any bank or savings association organized under the laws of the United States that has it principal place of business in the State of Florida or has a branch office which is authorized under the laws of the State of Florida or of the United States to receive deposits in the State of Florida, that meets all of the requirements of Chapter 280, Florida Statutes, that has a combined capital and unimpaired surplus of not less than $50 million, and that has been designated by the Treasurer of the State of Florida as a qualified public depository. (8) "Loan" shall mean the amount of money, including any Additional Completion Loan amounts, to be loaned pursuant to this Agreement. (9) "Loan Repayment Reserve Account" shall mean the account into which will be deposited the amount set aside to pay unexpected deficiencies, if any, in the Semiannual Loan Payment. (10) "Loan Service Fee" shall mean an origination fee to be paid to the Department by the Local Government. It shall be based on the Loan amount, excluding the Capitalized Interest, Loan Repayment Reserve and Loan Service Fee amounts. The fee may be paid with Loan proceeds and amortized. The fee will be used by the Department to pay for program administration. (11) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Local Government to an escrow account. (12) "Operation and Maintenance Expense" shall mean the expenses of operation, maintenance, and ordinary repairs of the Sewer System and shall include, without limiting the generality of the foregoing, insurance premiums, administrative expenses of the Local Government relating solely to the Sewer System, and such other reasonable operating expenses relating to the Sewer System as shall be in accordance with generally accepted accounting principles. Operating Expenses shall not include interest on any debt payable from Revenues, depreciation or other items not requiring the expenditure of cash. (13) "Pledged Revenues" shall mean the specific Revenues pledged as security for repayment of the Loan and shall be the Revenues derived yearly from the operation of the Sewer System after payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment obligations on account of (i) the City of Cape Canaveral, Florida, Sewer Revenue Bonds, Series A, 1966 and (ii) the City of Cape Canaveral, Florida, Sewer Revenue Bonds, Series B, 1966. 2 (14) "Project" shall mean facilities, consisting of the components needed to meet present and estimated future requirements, as described in Attachment A to this Agreement. (15) "Revenues" shall mean all income or earnings received by the Local Government from the ownership or operation of its Sewer System, including investment income, all as calculated in accordance with generally accepted accounting principles. Revenues shall not include proceeds from the sale or other disposition of any part of the Sewer System, condemnation awards or proceeds of insurance, except use and occupancy or business interruption insurance, received with respect to the Sewer System. (16) "Semiannual Loan Payment" shall mean the payment due from the Local Government to the Department at six-month intervals, and it is comprised of principal and interest. (17) "Sewer System" shall mean all facilities owned by the Local Government for collection, transmission, treatment and reuse of wastewater and its residuals. (18) "Water System" shall mean all facilities owned by the Local Government for supplying and distributing water for residential, commercial, industrial, and governmental use. 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word "person" shall include corporations and associations, including public bodies, as well as natural persons. Capitalized words not otherwise defined herein shall be defined as set forth in the Florida Administrative Code, Chapter 17-503. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. The Local Government warrants, represents and covenants that: (1) The Local Government has full power and authority to enter into this Agreement and to comply with the provisions hereof. (2) The Local Government is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public body, pending or, to the best of the Local Government's knowledge, threatened, which seeks to restrain or enjoin the Local Government from entering into or complying with this Agreement. 3 (4) The Local Government shall not issue bonds, notes or other evidences of indebtedness in any manner secured by Pledged Revenues without the written consent of the Department. (5) All permits, real property interests, and approvals required as of the date of this Agreement have been obtained for construction and use of the Project. The Local Government knows of no reason why any future required permits or approvals are not obtainable. (6) The Local Government shall undertake the Project on its own responsibility, to the extent permitted by law. (7) To the extent provided by Section 768.28 of the Florida Statutes, the Local Government shall release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Local Government's actions or omissions in its planning, design, construction or operation of the Project. (8) All Local Government representations to the Department, pursuant to the Loan application and Agreement, are true and accurate. The Local Government shall comply with all applicable State and Federal laws, rules, and regulations which are identified in the Loan Application or Agreement. Laws, rules, and regulations which apply only to Equivalency Projects, pursuant to Chapter 17-503 of the Florida Administrative Code, do not apply to this project. To the extent that any assurance, representation, or covenant requires a future action, the Local Government shall take such action as is necessary for compliance. (9) The financial information delivered by the Local Government to the Department is current and correct. The Local Government shall provide the Department with additional financial information via audits required by Chapter 17-503 of the Florida Administrative Code, notification of changing conditions adversely affecting the Local Government's ability to repay this Loan, or upon request of the Department. (10) The Local Government shall maintain records using Generally Accepted Governmental Accounting Standards established by the Government Accounting Standards Board. As part of its bookkeeping system, the Local Government shall keep accounts of the Sewer System separate from all other accounts and it shall keep accurate records of all Revenues, Pledged Revenues, Capital Contributions, Loan disbursement receipts, expenses, and expenditures relating to the Sewer System. (11) In the event the anticipated Pledged Revenues are shown by the Local Government's annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due, the Local Government shall include in such budget other legally available funds, other than ad valorem tax revenues, which will be sufficient, together with the Pledged Revenues, to make the Semiannual Loan Payments. Such other legally available funds shall be budgeted in the regular annual governmental budget and designated for the purpose provided by this Subsection, and the Local Government shall collect such funds for application as provided herein. The Local Government shall notify the Department immediately in writing of any such budgeting of other legally available funds. Nothing in this covenant shall be construed as creating a pledge, lien, or charge upon any such other legally available funds; requiring 4 the Local Government to levy or appropriate ad valorem tax revenues; or preventing the Local Government from pledging to the payment of any bonds or other obligations all or any part of such other legally available funds. (12) Beginning with the Fiscal Year during which the Loan is executed and for each year until the Loan is retired, the Local Government shall submit annual audit reports to the Department. Reports shall be submitted within one year after the end of each audited Fiscal Year. Audits shall be conducted in accordance with "Government Auditing Standards" (1988) issued by the Comptroller General of the United States. Beginning with the Fiscal Year during which the Loan is made and continuing through the Fiscal Year during which the final Loan disbursement to the Local Government is received, audits shall be conducted under the Office of Management and Budget Circular A-128, "Audits of State and Local Governments" (1985) , which provides policies, procedures, and guidelines for the Single Audit Act of 1984. The Loan shall be treated as a major Federal assistance program regardless of the disbursed amount received during the Fiscal Year being audited. Beginning with the first Fiscal Year after the final loan disbursement to the Local Government is received and ending with the Fiscal Year during which the Loan is retired, financial audits shall be conducted as required under Section 11.45 of the Florida Statutes. (13) Beginning with the first Fiscal Year during which Monthly Loan Deposits to a debt service account are required and continuing through the Fiscal Year during which the Loan is retired, the Local Government shall cause its auditor to comment on its compliance with the Loan Agreement covenants and on its ability to repay the Loan. The Department shall be notified immediately if anything comes to the auditor's attention during the annual examination of the Local Government's records that would constitute a default under the Loan Agreement or adversely affect the Local Government's ability to repay the Loan; or the audit report shall include a statement to the effect that nothing came to the auditor's attention that would constitute a default under the Loan Agreement or adversely affect the Local Government's ability to repay the Loan. (14) Within 12 months of Project Close-out, the Local Government shall submit to the Department a separate audit, by an independent certified public accountant, of the Loan revenues and expenditures. The audit shall be conducted in accordance with "Government Auditing Standards" (1988) issued by the Comptroller General of the United States. The audit shall address whether the Local Government complied with requirements set forth in the Loan Agreement. The audit findings shall set aside or question any costs that are unallowable under Rule 17-503, Florida Administrative Code. A final determination of the allowability of such costs shall be made by the Department. (15) Beginning in 1996 and continuing until the final Loan repayment is made, the Local Government's Authorized Representative or its chief financial officer shall certify to the Department no later than October 1 of each year that: (a) Pledged Revenue collections satisfy, on a pro rata basis, the rate coverage requirement; (b) the Monthly Escrow Account contains the funds required; (c) the Loan Repayment Reserve Account contains the funds required; and (d) insurance, including that issued through the National Flood Insurance 5 Program authorized under 42 U.S.C. secs. 4001-4128 when applicable, in effect for the facilities generating the Pledged Revenues, adequately covers the customary risks to the extent that such insurance is available. (16) Pursuant to Section 216.349 of the Florida Statutes, the Local Government shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (17) The Local Government agrees to construct the Project in accordance with the Project schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Local Government are excepted. If for any reason construction is not completed by the specified completion date, there shall be no resulting diminutions or delay in the Semiannual Loan Payment or the Monthly Loan Deposit or funding of the Loan Repayment Reserve Account. (18) The Local Government covenants that this Agreement is entered into for the purpose of constructing, refunding, or refinancing the Project which will in all events serve a public purpose. The Local Government covenants that it will, under all conditions, complete and operate the Project to fulfill the public need. 2.02. CONDITIONS PRECEDENT. As conditions precedent to this Agreement, the Local Government shall deliver the following to the Department: (1) A copy of all resolutions and ordinances authorizing this Agreement and establishing the Local Government's legal right and authority to undertake the Project. (2) The opinion of counsel to the Local Government that (a) this Agreement has been duly authorized and executed and shall constitute a valid and legal obligation in accordance with its terms upon execution by both parties; (b) the Agreement specifies the Revenues pledged for repayment of the Loan; and (c) the pledge is valid, binding and enforceable. ARTICLE III - MONTHLY ESCROW AND LOAN REPAYMENT ACCOUNTS 3.01. MONTHLY ESCROW ACCOUNT. The Local Government shall establish a monthly escrow account with a Depository. Beginning on the date six months before the date of the first Semiannual Loan Payment specified in this Agreement, the Local Government shall make a Monthly Loan Deposit from the Pledged Revenues to the monthly escrow account. In any month in which the amount on deposit in the monthly escrow account does not equal or exceed five-sixths (5/6) of the Semiannual Loan Payment, the Depository shall be required to promptly notify the Department in writing if the Local Government fails to make a Monthly Loan Deposit which equals or exceeds one-sixth (1/6) of the Semiannual Loan Payment. In the event there is an insufficient amount in the monthly escrow account thirty (30) days prior to each Semiannual Loan Payment, the Local Government agrees to budget, by amendment if necessary, payment to the Department from other legally available funds, other than ad valorem tax revenues, all sums becoming due before the same become delinquent. This requirement shall not be construed to give superiority to the Department's claim on any Revenues over prior claims of general creditors of 6 the Local Government, nor shall it be construed to give the Department the power to require the Local Government to levy and collect any Revenues other than Pledged Revenues. 3.02. INVESTMENT OF ESCROW MONEYS. Upon the direction of the Local Government, a Depository shall invest escrowed moneys pursuant to the laws of the State of Florida. The maturity or redemption date of investments shall be not later than the date upon which such moneys may be needed to make Semiannual Loan Payments. 3.03. ESCROW WITHDRAWALS. The withdrawal of moneys from the monthly escrow account shall be for the purpose of making the Semiannual Loan Payment. 3.04. LOAN REPAYMENT RESERVE ACCOUNT. A Loan Repayment Reserve Account shall be established with a Depository in the amount of 0.02 times the Loan amount excluding the portion of the Loan representing the Loan Repayment Reserve, Loan Service Fee and Capitalized Interest. The Local Government shall deposit the full amount into the Loan Repayment Reserve Account six months before the date of the first Semiannual Loan Payment specified in this Agreement. 3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. The Loan Repayment Reserve Account shall be used by the Local Government to cure a temporary deficiency in any Semiannual Loan Payment. The Depository shall be required to promptly notify the Department upon any withdrawal from the Account. Any unused portion of the Loan Repayment Reserve Account shall be applied to the final Semiannual Loan Payment, and any portion of the Loan Repayment Reserve Account in excess of the final Semiannual Loan Payment amount shall be applied to the preceding Semiannual Loan Payment. 3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. A default causing the Local Government to use the Loan Repayment Reserve Account or the use of the Account to prevent default shall result in the Local Government being responsible for making special deposits to restore its Loan Repayment Reserve Account. Special restoration deposits shall be made from the first moneys legally available to the Local Government for such purpose. 3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. Upon the direction of the Local Government, a Depository shall invest reserved moneys pursuant to the laws of the State of Florida. The maturity or redemption date of investments shall not be greater than five years from the date of investment provided, however, that moneys shall be withdrawn if necessary pursuant to Section 3.05 of this Agreement. All investment income and earnings shall be credited to the Loan Repayment Reserve Account. 3.08 ASSETS HELD IN TRUST. The assets in each of the accounts created under this loan agreement shall be held in trust for the purposes provided herein and used only for the purposes and in the manner prescribed in this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor of the Department. 7 ARTICLE IV - PROJECT INFORMATION 4.01. PROJECT CHANGES. Project changes prior to bid opening shall be made by addendum to plans and specifications. Changes after bid opening shall be made by change order. The Local Government shall submit all addenda and all change orders to the Department. Any change order which affects the Project performance standards or which increases the contract amount by more than one hundred thousand dollars ($100,000) or which alters the Project purpose requires written approval by the Department. 4.02. TITLE TO PROJECT SITE. The Local Government shall have an interest in real property sufficient for the construction and location of the Project free and clear of liens and encumbrances which would impair the usefulness of such sites for the intended use. 4.03. PERMITS AND APPROVALS. The Local Government shall have obtained, prior to the Department's authorization to award construction contracts, all permits and approvals required for the construction of the Project or portion of the Project funded under this Agreement. The Local Government shall obtain operation permits, if applicable, when construction is complete. 4.04. ENGINEERING SERVICES. A professional engineer, registered in the State of Florida, shall be employed by, or under contract with, the Local Government to oversee construction. 4.05. PROHIBITION AGAINST ENCUMBRANCES. The Local Government is prohibited from selling, leasing or disposing of any part of the Sewer System which would reduce operational integrity, or Revenues, so long as this Agreement is in effect unless the written consent of the Department is first secured. 4.06. COMPLETION MONEYS. In addition to the proceeds of this Loan, the Local Government covenants that it has obtained, or will obtain, sufficient moneys from other sources to complete construction and place the Project in operation on, or prior to, the date specified in Article X. Failure of the Department to approve an Additional Completion Loan shall not constitute a waiver of the Local Government's covenants to complete and place the Project in operation. 4.07. SURPLUS LOAN FUNDS. Upon execution of all construction, equipment and materials contracts, the Project contingency shall be reduced to not more than five (5) percent of the sum of the as-bid prices for all such contracts. After Project performance certification by the Local Government, the Department will establish the final Project costs to be financed by the Loan. The Loan Service Fee may be adjusted and the balance of Loan funds remaining will be eliminated. The principal amount of the Loan will be adjusted by the Department. This adjustment will reduce, on a pro rata basis, the amount of the remaining Semiannual Loan Payments. 4.08. LOAN DISBURSEMENTS. Disbursements shall be made only upon the issue of warrants signed by the State Comptroller and only when the requests for such warrants are accompanied by a Department certification that such withdrawals are proper expenditures. The disbursement of moneys may be made by electronic means or by means of a magnetic tape or other transfer medium. Disbursements shall be made directly to the Local Government for design and administration allowances; 8 reimbursement of the incurred Cost of Construction and related services; establishing a Loan Repayment Reserve; and Project performance certification services. The disbursement of the Loan Service Fee, when included in the Loan principal, will be made directly to the Department's Operating Trust Fund in the increments and at the times set forth in Rule 17-503.400. Disbursements to the Local Government shall be made, generally no more frequently than monthly, upon receipt of the following: (1) A written request signed by the Authorized Representative. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. (2) A certification signed by the Authorized Representative as to the current estimated costs of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the Project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments. (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit. (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. ARTICLE V - RATES AND USE OF THE SEWER SYSTEM 5.01. RATE COVERAGE. The Local Government shall maintain rates and charges for the services furnished by the Sewer System which will be sufficient to provide, in each Fiscal Year, Pledged Revenues equal to or exceeding 1.15 times the sum of the Semiannual Loan Payments due in such Fiscal Year. 5.02. NO FREE SERVICE. The Local Government shall not permit connections to, or furnish any services afforded by, the Sewer System without making a charge therefor based on the Local Government's uniform schedule of rates, fees, and charges. 5.03. MANDATORY CONNECTIONS. The Local Government shall adopt, as necessary, and enforce requirements, consistent with applicable laws, for the owner, tenant or occupant of each building located on a lot or parcel of land 9 which is served, or may reasonably be served, by the Sewer System to connect such building to the Sewer System. 5.04. NO COMPETING SERVICE. The Local Government shall not allow any person to provide any services which would compete with the Sewer System so as to adversely affect Revenues. 5.05. MAINTENANCE OF THE SEWER SYSTEM. The Local Government shall operate and maintain the Sewer System in a proper, sound and economical manner and shall make all necessary repairs, renewals and replacements. 5.06. ADDITIONS AND MODIFICATIONS. The Local Government may make any additions, modifications or improvements to the Sewer System which it deems desirable and which do not reduce the operational integrity of any part of the Sewer System. All such renewals, replacements, additions, modifications and improvements shall become part of the Sewer System. 5.07. COLLECTION OF REVENUES. The Local Government shall use its best efforts to collect all rates, fees and other charges due to it. The Local Government shall establish liens on premises served by the Sewer System for the amount of all delinquent rates, fees and other charges where such action is permitted by law. The Local Government shall, to the full extent permitted by law, cause to discontinue the services of the Water and Sewer Systems and use its best efforts to shut off water service furnished to persons who are delinquent beyond customary grace periods in the payment of Sewer System rates, fees and other charges. ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. Each of the following events is hereby declared an event of default: (1) Failure to fund the Loan Repayment Reserve or to make any Monthly Loan Deposit or to make any installment of the Semiannual Loan Payment when it is due and such failure shall continue for a period of thirty (30) days. (2) Failure to comply with the provisions of this Agreement or failure in the performance or observance of any of the covenants or actions required by this Agreement, other than as provided in Subsection 6.01(1) , above, or Subsection 6.01(7) , below, and such failure shall continue for a period of sixty (60) days after written notice thereof to the Local Government by the Department. (3) Any warranty, representation or other statement by, or on behalf of, the Local Government contained in this Agreement or in any information furnished in compliance with, or in reference to, this Agreement, which is false or misleading. (4) An order or decree entered, with the acquiescence of the Local Government, appointing a receiver of any part of the Sewer System or Revenues 10 thereof; or if such order or decree, having been entered without the consent or acquiescence of the Local Government, shall not be vacated or discharged or stayed on appeal within sixty (60) days after the entry thereof. (5) Any proceeding instituted, with the acquiescence of the Local Government, for the purpose of effecting a composition between the Local Government and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from Revenues of the Sewer System. (6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against, the Local Government under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted against the Local Government, is not dismissed within sixty (60) days after filing. (7) Failure of the Local Government to give immediate written notice of default to the Department and such failure shall continue for a period of thirty (30) days. 6.02. REMEDIES. Upon any event of default and subject to the rights of others having prior liens on the Pledged Revenues, the Department may enforce its rights by any of the following remedies: (1) By mandamus or other proceeding at law or in equity, cause to establish rates and collect fees and charges for use of the Sewer System, and to require the Local Government to fulfill this Agreement. (2) By action or suit in equity, require the Local Government to account for all moneys received from the Department or from the ownership of the Sewer System and to account for the receipt, use, application, or disposition of the Pledged Revenues. (3) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the Department. (4) By applying to a court of competent jurisdiction, cause to appoint a receiver to manage the Sewer System, establish and collect fees and charges, and apply the revenues to the reduction of the obligations under this Agreement. (5) By certifying to the Comptroller delinquency on loan repayments, the Department may intercept the delinquent amount plus six (6) percent, expressed as an annual interest rate, penalty of the amount due to the Department from any unobligated funds due to the Local Government under any revenue or tax sharing fund established by the State, except as otherwise provided by the State Constitution. Penalty interest shall accrue on any amount due and payable beginning on the thirtieth (30th) day following the date upon which payment is due. (6) By notifying financial market credit rating agencies. (7) By suing for payment of amounts due, or becoming due, with interest on overdue payments together with all costs of collection, including attorneys' fees. 11 (8) By accelerating the repayment schedule or increasing the interest rate by as much as three (3) percent per annum on the unpaid principal of the Loan for a default under Subsection 6.01(1) . 6.03. DELAY AND WAIVER. No delay or omission by the Department to exercise any right or power accruing upon event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect any subsequent event of default, whether of the same or different provision of this Agreement, or shall impair consequent rights or remedies. ARTICLE VII - THE PLEDGED REVENUES 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. From and after the effective date of this Agreement, the Department shall have a lien on the Pledged Revenues prior and superior to any other lien, pledge or assignment not specifically set forth in this Agreement. Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor of the Department if the Department makes a determination, based upon facts deemed sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year, equal or exceed 1.15 times the debt service coming due in each Fiscal Year under the terms of this Agreement. 7.02. ADDITIONAL DEBT OBLIGATIONS. The Local Government may issue additional debt obligations on a parity with, or senior to, the lien of the Department on the Pledged Revenues with the written consent of the Department if the Local Government demonstrates, at the time of issuance of such additional debt obligations, that the Pledged Revenues plus Revenues to be pledged to the additional proposed debt obligations will equal or exceed 1.15 times the annual combined debt service requirements of this Agreement plus debt service on other obligations proposed to be issued by the Local Government. ARTICLE VIII - GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. All payments required to be made under this Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year and all years thereafter until fully paid. Payments shall continue to be secured by this Agreement until all of the payments required shall be fully paid to the Department. If, at any time, the Local Government shall have paid, or shall have made provision for the timely payment of, the principal amount of the Loan and interest required, the pledge of, and lien on, the Revenues to the Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments, authorized by law from time to time, may be made to effect defeasance of this Loan. However, the deposit shall be made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department. There shall be no penalty imposed by the Department for early retirement of this Loan. 12 8.02. PROJECT RECORDS AND STATEMENTS. Books, records, reports, design documents, contract documents, and papers shall be available to the authorized representatives of the Department and the U.S. Environmental Protection Agency's Inspector General for inspection at any reasonable time after the Local Government has received a disbursement and before three (3) years have elapsed after the Department's final Project disbursement to the Local Government. 8.03. ACCESS TO PROJECT SITE. The Local Government shall provide access to Project sites and administrative offices to authorized representatives of the Department at any reasonable time. The Local Government shall cause its engineers and contractors to cooperate during Project inspections, including making available working copies of plans and specifications and supplementary materials. 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any part of its rights under this Agreement after notification to the Local Government. The Local Government shall not assign rights created by this Agreement without the written consent of the Department. 8.05. AMENDMENT OF AGREEMENT. This Agreement may be amended in writing, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive orders, or written agreements between the Department and the U.S. Environmental Protection Agency. This Agreement may be amended after all construction contracts are executed to reestablish the Project cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. The final amendment shall be executed after the final Project cost has been determined by the Department. The final figures shall be determined after the Project Close-out, which is to be held no sooner than one year after the completion of construction. 8.06. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 8.07. EXECUTION OF AGREEMENT. This Agreement 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. The Agreement becomes effective upon execution. ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE 9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. The following documentation is required to receive the Department's authorization to award construction contracts: (1) Proof of advertising. (2) Detailed bid tabulation and the award recommendation, certified by the engineer responsible for overseeing construction. (3) Certified copy of the Local Government's tentative award resolution. 13 (4) Certification of compliance with the conditions of the Department's approval of competitively or noncompetitively negotiated procurement. (5) Certification that affirmative steps were taken to encourage participation of women's and minority business enterprises in Project construction and documentation of the intended use of such enterprises therein. 9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. After the Department's authorization to award construction contracts has been received, the Local Government shall submit bonding and insurance certifications, construction and payment schedules, notices to proceed with construction, itemized construction cost breakdowns, and executed contract documents. 9.03. INSURANCE REQUIRED. The Local Government shall require contractors to file performance and payment bonds for the full amount of the contracts. The Local Government shall cause insurance, including that issued through the National Flood Insurance Program authorized under 42 U.S.C. secs. 4001-4128 when applicable, to be obtained and maintained against such risks as is customary during construction. The Local Government shall require contractors to furnish workers' compensation, comprehensive general liability, vehicle liability, and property damage insurance, including builder's standard "all-risk" insurance to the extent that coverage is available from time to time against any one or more of such risks. Contractors' indemnification obligations shall be described in the construction contract documents. The Local Government shall cause the Project, as each part thereof is certified by the engineer responsible for overseeing construction as completed, and the Sewer System (hereafter referred to as "Revenue Producing Facilities") to be insured by an insurance company or companies licensed to do business in the State of Florida against such damage and destruction risks as are customary for the operation of Revenue Producing Facilities of like size, type and location in the amounts recommended by an independent consultant to the extent such insurance is obtainable from time to time against any one or more of such risks. As documentation of insurance coverage, the Local Government shall file the following with the Department: (1) A certification describing the performance and payment bonds of contractors that have been retained for construction of the Project. (2) A certification for each construction contract assuring that the required insurance is being carried during construction. (3) A certification of insurance specifically describing the Project and the other Revenue Producing Facilities; stating that these facilities are covered; stating the specific risks covered, the amount of coverage provided against those risks, and whether the risks covered are those customarily insured against for Revenue Producing Facilities of like size, type and location to the extent that such insurance is obtainable at the time of the certification; and that the insurance coverage is adequate. This certification shall be submitted annually and may be included as part of the certification required by Subsection 2.01(15) herein. 14 (4) Such other certificates or documents by consultants, insurance carriers, or Local Government officials concerning insurance coverage as may reasonably be required by the Department. Notwithstanding the foregoing provisions, the Local Government may institute and maintain actuarially sound and prudent self-insurance programs with regard to such risks as shall be consistent with the recommendations of a qualified insurance consultant. Such recommendations, and supporting documentation, shall be submitted to the Department. The proceeds of insurance policies received as a result of damage to, or destruction of, the Project or the other Revenue Producing Facilities, shall be used to restore or replace damaged portions of the facilities. If such proceeds are insufficient, the Local Government shall provide additional funds to restore or replace the damaged portions of the facilities. Repair, construction or replacement shall be promptly completed. The insurance provisions of this Section may be modified or waived, to the extent permitted by law, with the prior written consent of the Department. ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The amount of the Loan authorized is $4,537,836. Capitalized Interest in the estimated amount of $86,836 is included in the principal amount of the Loan but is not disbursed to the Local Government. 10.02. PROJECT COSTS. The Local Government and the Department acknowledge that the actual cost of the Project has not been determined as of the effective date of this Agreement. Project cost adjustments may be made as a result of construction bidding or mutually agreed upon Project changes. The final cost shall be established after all Project costs are reviewed subsequent to Project performance certification. Changes in Project costs may also occur as a result of the Local Government's Project audit or a Department audit pursuant to Chapter 17-503 of the Florida Administrative Code. The Local Government agrees to the following estimates for the Project cost: COST CATEGORY AMOUNT (1) Administrative Allowance $ 24,000 (2) Allowance for Engineering $ 297,000 (3) Construction and Demolition $ 3,312,553 (4) Equipment and Materials $ -0- (5) Land $ -0- (6) Contingencies $ 331,255 (7) Technical Services During Construction Contractual $ 300,000 Force Account $ -0- (8) Financing Short Term $ -0- Refinancing $ -0- 15 (9) Start-up Services $ 15,000 (10) Loan Repayment Reserve $ 85,596 (11) Loan Service Fee* $ 85,596 (12) Capitalized Interest $ 86,836 TOTAL COST $ 4,537,836 *The Loan Service Fee represents two percent of the Loan amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee amounts; that is 2.0 percent of $4,279,808. 10.03. PROJECT SCHEDULE. The Local Government agrees by execution hereof: (1) The date by which formal advertising is to be published is September 25, 1994. (2) The date by which bids are to be publicly opened is October 21, 1994. (3) The disbursement of administrative and engineering allowances will be made upon request of the Local Government. (4) The estimated schedule for Loan disbursements is set forth in Attachment B, until such time as this Agreement is amended. (5) The date scheduled for completion of Project construction is January 1, 1996. (6) The Department shall conduct an inspection of the Project after construction completion at which time certain specific deadlines limiting Project cost eligibility shall be established. A deadline for certification of the operational performance of the Project shall also be established. These deadlines shall be incorporated into the Loan Agreement by amendment. (7) The date by which the Loan Repayment Reserve Account is to be established by the Local Government and the date by which Monthly Loan Deposits are to begin is January 1, 1996. (8) The date by which the first Semiannual Loan Payment becomes due is July 1, 1996. (9) The date by which the first annual certification becomes due under Subsection 2.01(15) of this Agreement is October 1, 1996. 10.04. INTEREST RATE. The rate of interest on the unpaid principal of the Loan is 3.17 percent per annum; however, if this Agreement is not executed by the Local Government and the Department before October 1, 1994, the interest rate shall be adjusted pursuant to Section 17-503.430 of the Florida Administrative Code. 10.05. LOAN TERM. The Loan shall be repaid in forty (40) Semiannual Loan Payments. 10.06. REPAYMENT SCHEDULE. The first Semiannual Loan Payment shall be computed based upon the principal amount of the Loan, as estimated under Section 10.01, the estimated disbursement schedule identified in Attachment B, and level 16 debt service. Subsequent Semiannual Loan Payments may be adjusted based upon revised Project cost and disbursement information. Any remaining installments shall be equal and shall be based upon the actual Project costs and actual dates and amounts of disbursements to the Local Government after adjustment for any overpayment, or underpayment, associated with the amount of previous Semiannual Loan Payments. Actual Project costs shall be established after the Local Government's certification of Project performance, the Department's inspection of the Project and associated records, and amendment of the Loan Agreement. Each Semiannual Loan Payment shall be in the amount of $154,050.55. The interest portion of each Semiannual Loan Payment shall be computed on the unpaid balance of the principal amount of the Loan, including Capitalized Interest. Interest shall be computed as of the due date of the Semiannual Loan Payment. Semiannual Loan Payments shall be received by the Department beginning on or before July 1, 1996 and semiannually thereafter on January 1 and July 1 of each year until all amounts due hereunder have been fully paid. Funds transfer shall be made by electronic means or by means of magnetic tape when such transfer mechanisms are available. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on its behalf by the Secretary of the Department and the Local Government has caused this Agreement to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement is the 22 day of Scltew,cbQ r , 1994. This Agreement incorporates Attachments A and B hereto. Secretary Mayor STATE OF FLORIDA CITY OF CAPE CANAVERAL DEPARTMENT OF ENVIRONMENTAL PROTECTION ATTEST "C:1-4-4) � /,/ CSX-411- City Clerk SEAL 17 ATTACHMENT A: PROJECT DESCRIPTION The Project financed by this Loan is denoted by the Department's identifying Number CS120825020. It consists of furnishing all labor, materials, and equipment for upgrading the Local Government's wastewater treatment plant to achieve advanced wastewater treatment. The proposed improvements include pretreatment facilities; biological nutrient removal facilities; clarification, filtration, and disinfection facilities; and sludge dewatering facilities. The Project shall be constructed in accordance with the plans and specifications entitled "City of Cape Canaveral Wastewater Treatment Plant Improvements" and accepted by the Department. The Project is in agreement with the Wastewater Facilities Plan, City of Cape Canaveral, Florida, dated August 1993. Approval of this Project is provided by the Florida Finding of No Significant Impact dated April 29, 1994. The Project is not an Equivalency Project as defined in Chapter 17-503 of the Florida Administrative Code. 18 ATTACHMENT B: ESTIMATED LOAN DISBURSEMENT SCHEDULE The schedule for disbursement of the Loan is as follows: Date Amount December 1994 $429,000 January 1995 429,000 February 1995 429,000 March 1995 386,000 April 1995 343,000 May 1995 300,000 June 1995 300,000 July 1995 300,000 August 1995 257,000 September 1995 257,000 October 1995 300,000 November 1995 300,000 December 1995 250,000 January 1996 134,000 January 1997 37,000 The total amount to be disbursed is $4,451,000. This amount is equal to the Loan amount less Capitalized Interest and it includes the Loan Service Fee which is disbursed directly to the Department. 19 STATE REVOLVING LOAN FUND AMENDMENT 1 TO LOAN AGREEMENT FOR PROJECT CS120825020 CAPE CANAVERAL This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF CAPE CANAVERAL, 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 CS120825020, authorizing the amount of $4,451,000, excluding Capitalized Interest; and WHEREAS, the Local Government is entitled to an Additional Completion Loan of $1,718,000, excluding Capitalized Interest, pursuant to Chapter 62-503 (formerly 17-503) , Florida Administrative Code; and WHEREAS, a separate interest rate is to be established for the Additional Completion Loan amount awarded in this amendment pursuant to Chapter 62-503, Florida Administrative Code; and WHEREAS, a Loan Service Fee shall be paid by the Local Government for the Additional Completion Loan and may be included as part of the Loan amount pursuant to Chapter 62-503, Florida Administrative Code. WHEREAS, the Semiannual Loan Payment amount, the disbursement schedule, and the Project costs, need revision to reflect the adjustment in the Loan amount; and WHEREAS, the Project schedule needs revision to establish certain dates. NOW, THEREFORE, the parties hereto agree as follows: 1. An Additional Completion Loan in the amount of $1,718,000, excluding Capitalized Interest, is hereby awarded to the Local Government. 2. An interest rate of 2.92 percent per annum is established for the Additional Completion Loan amount awarded in this amendment; however, if this amendment is not executed by the Local Government and Department before October 1, 1995, this interest rate may be adjusted pursuant to Chapter 62-503, Florida Administrative Code. 3. An additional Loan Service Fee in the amount of $33,039, for a total of $118,635, is hereby assessed and included in the principal amount of the Loan. It shall be disbursed directly to the Department's Operating Trust Fund in the increments and at the times set forth in Chapter 62-503, Florida Administrative Code. 4. The principal amount of the Loan is hereby revised to include the authorized Loan amount to be disbursed of $6,169,000 and estimated Capitalized i Interest of $27,405 for a total of $6,196,405. This total consists of the following: 0 1 0 (a) $4,478,405, including $27,405 of Capitalized Interest, at an interest rate of 3.17 percent per annum; and (b) $1,718,000 at an interest rate of 2.92 percent per annum. 5. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $209,042. Semiannual Loan Payments shall be received by the Department beginning on or before July 1, 1996 and semiannually thereafter on January 1 and July 1 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 toward repayment of the amounts owed (based on disbursements, Capitalized Interest and accrued interest) on each incremental Loan amount at the date such payment is due. 6. Attachment B, Estimated Loan Disbursement Schedule, is deleted in its entirety and replaced with Attachment B, Revision 1. 7. Section 10.02, Project Costs, is deleted in its entirety and replaced with Attachment C. 8. Section 10.03, Project Schedule, is deleted in its entirety and replaced with Attachment D. All other terms and provisions of the Loan Agreement shall remain in effect. This amendment to the Loan Agreement 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. This amendment incorporates Attachments B, C, and D. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary of the Department 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 Secretary of the Department. for for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ITY OF CAPE C, AVERAL Secretary Mayor JOHN K. PORTER Date Attest: _ • :5'_441LA12 City Clerk SEAL 2 , ATTACHMENT B, REVISION 1: ESTIMATED LOAN DISBURSEMENT SCHEDULE The schedule for disbursement of the Loan proceeds follows: Date Amount October 26, 1994 $64,197 * November 28, 1994 321,000 August 1995 250,000 September 1995 300,000 October 1995 350,000 November 1995 500,000 December 1995 700,000 January 1996 1,000,000 February 1996 1,500,000 March 1996 1,183,803 The total amount to be disbursed is $6,169,000. This amount is equal to the Principal Loan amount less Capitalized Interest, and it includes the Loan Service Fee to be disbursed directly to the Department. *This amount was disbursed directly to the Department's Operating Trust Fund in partial payment of the Loan Service Fee. 3 ATTACHMENT C: PROJECT COSTS 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. Additional Loan Repayment Reserve Account and Loan Service Fee amounts will be established for any Additional Completion Loan. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. The final cost shall be established after all Project costs are reviewed by the Department. Changes in Project costs may also occur as a result of the Local Government's Project audit or a Department audit pursuant to the Rule. 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 amounts. The interest rate established for any additional increment of Loan funds obligated shall be used to determine the capitalized interest and repayment amounts associated with the funds disbursed from that increment. The estimated Project costs are as follows: AUTHORIZED LOAN COST CATEGORY COST AMOUNT TO DATE (1) Administrative Allowance $ 42,840 (2) Allowance for Engineering $ 456,960 Line items (3) Construction and Demolition $ 6,500,000 (4) Equipment and Materials $ may vary (5) Land $ (6) Contingencies $ 325,000 based on (7) Technical Services During Construction Contractual $ 300,000 actual Force Account $ (8) Financing disbursements Short Term $ Refinancing $ (9) Start-up Services $ 15,000 SUBTOTAL $ 7,639,800 $ 5,931,730 (10) Loan Repayment Reserve $ 152,796 $ 118,635 * (11) Loan Service Fee $ 152,796 $ 118,635 * SUBTOTAL $ 7,945,392 (12) Capitalized Interest $ 6,169,000 TOTAL $ 27,405 $ 27,405 $ 7,972,797 $ 6,196,405 i *The Loan Repayment Reserve and Loan Service Fee each represent two percent of !I the Loan amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee amounts; that is 2.0 percent of $5,931,730. The incremental Loan Repayment Reserve and Loan Service Fee amounts for the Additional Completion Loan authorized by this amendment are each $33,039. I i 4 I ATTACHMENT D: PROJECT SCHEDULE The Local Government agrees by execution hereof: (1) The disbursement of administrative and engineering allowances will be made upon request of the Local Government. (2) The schedule for Loan disbursements is set forth in Attachment B, Revision 1. (3) The date by which the Loan Repayment Reserve Account shall be established by the Local Government and the date by which Monthly Loan Deposits are to begin is January 1, 1996. (4) The Department shall conduct an inspection of the Project after construction completion at which time certain specific deadlines limiting Project cost eligibility shall be established. These deadlines shall be incorporated into the Loan Agreement by amendment. (5) The date by which the first Semiannual Loan Payment becomes due is July 1, 1996. (6) The date by which the first annual certification comes due under Subsection 2.01(15) of the Agreement is October 1 , 1996. 5 %PROTECTION Department of Z;OA _ � Environmental Protection Twin Towers Office Building Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell Governor Tallahassee, Florida 32399-2400 Secretary November 8, 1995 Honorable John K. Porter, Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: CS 120825020 Loan Amendment 2 for Wastewater Treatment Facilities Dear Mayor Porter: Enclosed are three original copies of proposed Amendment 2 to your State Revolving Fund loan agreement. The amendment provides an additional $1,628,000 for this project. The amendment has been discussed with Mr. Boucher. Please sign the enclosed three copies and return them to us within 3 weeks. We will arrange for Secretary Wetherell to sign the document and mail a fully executed copy to you. If the amendment is not fully executed before January 1, 1996, the loan may be subject to a higher interest rate. If you have any questions, please call Bob Holmden at (904) 488-8163. Sincer ly, Don W. Berryhill, P.E., Chie Bureau of Water Facilities Funding DWB/mpt Enclosures cc: Bennett Boucher - Cape Canaveral "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. COPY STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT CS120825020 CITY OF CAPE CANAVERAL This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department)and the CITY OF CAPE CANAVERAL, 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 CS 120825020, as amended, authorizing a Loan amount of$6,169,000, excluding Capitalized Interest;and WHEREAS,the Local Government is entitled to an Additional Completion Loan of$1,628,000, excluding Capitalized Interest,pursuant to Chapter 62-503 (formerly 17-503), Florida Administrative Code; and WHEREAS,a separate interest rate is to be established for the Additional Completion Loan amount awarded in this amendment pursuant to Chapter 62-503; and WHEREAS, a Loan Service Fee shall be paid by the Local Government for the Additional Completion Loan and may be included as part of the Loan amount pursuant to Chapter 62-503; and WHEREAS,the Semiannual Loan Payment amount,the disbursement schedule, and the Project costs need revision to reflect adjustment in the Loan amount. NOW,THEREFORE,the parties hereto agree as follows: 1. An Additional Completion Loan in the amount of$1,628,000, excluding Capitalized Interest, is hereby awarded to the Local Government. 2. An interest rate of 2.97 percent per annum is established for the Additional Completion Loan amount awarded in this amendment; however, if this amendment is not executed by the Local Government and Department before January 1, 1996,this interest rate shall be adjusted pursuant to Chapter 62-503, Florida Administrative Code. 3. An additional Loan Service Fee in the amount of$31,308, for a total of$149,942, is hereby assessed and included in the principal amount of the Loan. It shall be disbursed directly to the Department's Operating Trust Fund in the increments and at the times set forth in Chapter 62- 503, Florida Administrative Code. 4. The principal amount of the Loan is hereby revised to include the authorized Loan amount to be disbursed of$7,797,000 and estimated Capitalized Interest of$23,692 for a total of $7,820,692. This total consists of the following: 1 (a) $4,474,692 including$23,692 of Capitalized Interest, at an interest rate of 3.17 percent per annum; and (b) $1,718,000 at an interest rate of 2.92 percent per annum. (c) $1,628,000 at an interest rate of 2.97 percent per annum. 5. The Semiannual Loan Payment amount is hereby revised and shall be in the amount of $263,187. Such payments shall be received by the Department on or before July 1, 1996 and semiannually thereafter on January 1 and July 1 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 toward repayment of the amounts owed(based on disbursements, Capitalized Interest and accrued interest)on each incremental Loan amount at the date such payment is due. 6. Attachment B, Revision 1, Loan Disbursement Schedule, is hereby deleted in its entirety and replaced with Attachment B, Revision 2, attached hereto and made a part hereof. 7. Attachment C, Project Costs, is hereby deleted in its entirety and replaced with Attachment C, Revision 1, attached hereto and made a part hereof. 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 CS 120825020 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. This amendment incorporates Attachments B and C hereto. IN WITNESS WHEREOF,the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary of the Department 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 Secretary of the Department. for CITY F CAPE CANAVERAI7 Mayor JOHN K. PORTER Attest: CA.fzifvf f City Clerk SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary Date 3 ATTACHMENT B,REVISION 2: ESTIMATED LOAN DISBURSEMENT SCHEDULE The estimated schedule for disbursement of Loan proceeds follows: Date Amount October 26, 1994 $ 64,197 * November 28, 1994 321,000 August 29, 1995 343,935 September 22, 1995 24,779 * October 1995 500,000 November 1995 500,000 December 1995 500,000 January 1996 500,000 February 1996 500,000 March 1996 500,000 April 1996 350,000 May 1996 347,089 June 1996 600,000 July 1996 600,000 August 1996 518,000 September 1996 628,000 October 1996 500,000 November 1996 500,000 The total Loan amount to be disbursed is $7,797,000. This amount is equal to the authorized Loan amount less Capitalized Interest, and it includes the Loan Service Fee amount to be disbursed directly to the Department. *These amounts were disbursed directly to the Department's Operating Trust Fund in partial payment of the Loan Service Fee pursuant to Chapter 62-503, Florida Administrative Code. 4 • ATTACHMENT C,REVISION 1: PROJECT COSTS The Local Government and the Department acknowledge that the actual cost of the Project has not been determined. Project cost adjustments may be made as a result of mutually agreed upon Project changes. Additional Loan Repayment Reserve Account and Loan Service Fee amounts will be established for any Additional Completion Loan. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. The final cost shall be established after all Project costs are reviewed by the Department. Changes in Project costs may also occur as a result of the Local Government's Project audit or a Department audit pursuant to Chapter 62-503. Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in the order in which they have been obligated without respect to budgetary line item estimates. All disbursements shall be made from the original Loan amount until that amount has been disbursed; the interest rate established for the original Loan amount shall apply to such disbursements for the purpose of determining the associated Capitalized Interest and repayment amounts. The interest rate established for any additional increment of Loan funds obligated shall be used to determine the Capitalized Interest and repayment amounts associated with the funds disbursed from that increment. The estimated Project costs are as follows: AUTHORIZED LOAN CATEGORY COST($) AMOUNT TO DATE ($) (1)Administrative Allowance 42,840 (2)Engineering Allowance 456,960 Line items (3) Construction and Demolition 6,500,000 (4)Equipment and Materials 0 may vary (5)Land 0 (6) Contingencies 325,000 based on (7)Technical Services During Construction Contractual 300,000 - actual Force Account 0 (8)Financing disbursements Short Term 0 Refinancing 0 (9)Project Performance Certification is 15,000 SUBTOTAL 7,639,800 7,497,116 (10)Loan Repayment Reserve* 152,796 149,942 (11) Loan Service Fee* 152,796 149,942 SUBTOTAL 7,945,392 7,797,000 (12) Capitalized Interest 23,692 23,692 TOTAL 7,969,084 7,820,692 *The Loan Service Fee and Loan Repayment Reserve each represent two percent of the Loan amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee amounts. The incremental amount for this amendment is 2.0 percent of$1,565,385;that is, $31,308. 5 �� :� En b. 3./43 %51900�i r sr- ; sio§ZE ,, 0 ;/' >' T* City of Cape Canaveral ,.ii � jgt \ CITY OF hCAPE CANAVERAL -e.`";,",''. -i' .s 1 September 26, 1995 Janet Burns Florida Department of Environmental Protection Bureau of Local Government Wastewater Financial Assistance Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Subject: City of Cape Canaveral Wastewater Improvement Program; SRF Project #CS 120825020 Dear Ms. Burns: Enclosed is the City of Cape Canaveral's Loan Disbursement Request from the State Revolving Fund Program and the supporting documents. Thank you for your continued assistance and if you need further information, please feel free to contact me at 407/868-1221. Sincerely, Sit/41 ci,,,..4 Sandra Sims, CMC Acting City Manager c: Michael Gluskin Deborah Haggerty Barker 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407)868-1200 • FAX 1407) 799-3170 ' I EXHIBIT PMS-OlLd LOAN DISBURSEMENT REQUEST STATE REVOLVING FUND PROGRAM (403.1835, YLQRIDA STATUTES) 1. Loan Recipient City of Cape Canaveral 2. Loan Number CS120 825021 . . 3. Disbursement Request Number 2 4. Type of Request: Partial X , Final 5. Federal Employer Identification Number 59-0974636 6. Estimated percentage of construction completed 13% 1i 7. Estimated date of project completion December 2 , 1996 8. Mail disbursement to (Please include account number if disbursement is to be mailed by Federal Express) : Federal Express It 180453512 City of Cape Canaveral 105 Polk Avenue Cape Canaveral , FL. 32920� M 9. Enter cumulati' T dur ean? s ei4ig� rhieclue�� c plueni atchei© request) for eligible costs by category on page 2. 10. Submit certifications from recipient's professional engineer (page 3) and authorized representative (page 4) . Page 3 is not required for the allowance portion of the loan. 11. Submit original copy of disbursement request and one copy of supporting invoices to: Florida Department of Environmental Protection ' Bureau of Local Government Wastewater Financial Assistance 2600 Blair Stone Road, Mail Station 3505 Tallahassee, Florida 32399-2400. Note a: Invoices are not required for the administrative, planning, and engineering allowances. Note b: Supporting documentation for force account work should include position identification, hours worked, hourly rate, description of work, and total cost. Note c: Funds for the loan repayment reserve, if financed with the , i loan, should be requested approximately 60 days before the date by which the account is scheduled to be established. (See the Loan Agreement for the schedule and amount. ) 1 oe 4 Form Revised: March 1995 l s I! 1 LOAN DISBURSEMENT DETAILS • (CUMULATIVE: AMOUNTS) ' 4 1) Administrative Allowance $ 24 ,009 2) Planning Allowance $ 3) Engineering Allowance $ 297 . 000 4) Construction and Demolition $ 908 , 7q1 _ 99 t 1 5) Equipment and Materials $ • 6) Land $ 7) Technical Services during Construction $ 8) Loan Repayment Reserve $ 9) Financing (Include explanation)d $ 10) Startup Services $ H 11) *Service Fee $ 12) Other (Must be budgeted in loan ( agreement) I !' $ ?1 33. Total cumulative to date $ 829 , 293 . 59 . 1 I 14. Amount previously disbursed • 1 $ 6E4 , 419 nn a 15. Amount requested for disbursement $ 1 64 , 3�in 55 $•�I (Line 13 minus Line 14) *When identifying the service fee as a line item, also include the +f. amount in the "amount previously disbursed" total (line 14) . 1 2 of 4 4 .f 1 • t ENGINEER'S CERTIFICATION OF LOAN DISBURSEMENT REQUEST Gary J. ReVoir, 11, P.E. (name of professional engineer) , being the Professional Engineer retained by City of Cape Canaveral (name of local government) , am responsible for overseeing construction of the Project described in the Loan Agreement and do hereby certify that: (a) Equipment, materials, labor and services represented by the construction invoices have been satisfactorily . purchased or received and applied to the Project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection (b) Payment is in accordance with construction contract provisions; (c) Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 17-600 or Rule 17-604 , as appropriate; (d) Construction up to the point of requisition is in compliance with the contract documents; (e) All changes, additions or deletions to the construction contract(s) have been documented by change order and call change orders have been submitted to the Department; and (f) All additions or deletions to the Project which have altered the Project's performance standards, scope or purpose since issue of the Department construction permit have been identified in writing to the Department or are identified and attached hereto. Sianature of Proles !o� Engineer � �s Hartman & Associates, Inc, Firm or Affiliation 22 R 5� 46684 Dat ) (P. E. Number) AUTHORIZED REPRESENTATIVE'S CERTIFICATION OF LOAN DISBURSEMENT REQUEST John Porter, Mayor (name of authorized representative designated in the loan agreement) on behalf of the City of Cape Canaveral (name of local government) , do hereby certify that: (a) The disbursement amount requested on page two of this form is for allowable costs for the Project described . in the Loan Agreement; • (b) Materials, labor or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the Project; such costs are documented by invoices which are filed in the municipality's permanent records; (c) The Local Government is required to pay such costs under the terms and provisions of contracts relating directly to the Project, and the municipality is not in default of any terms or provisions of the contracts; (d) Funds received for establishment of the Loan Repayment Reserve Account will be deposited and the account will be maintained in accordance with the Loan agreement. (e) All funds received to date have been applied toward completing the Project; (f) The estimated amount required to complete the Project after this disbursement is $ 6,$AQ,$p(o.4S ; and (g) All permits and approvals required for the construction which is underway have been obtained. gnatu e of Authorized Representative) 405/195 (Date) 4 of 4 r - \\T__p 1 9 1995 1 SECTION 00844 iI s v r.V t" `rr� -------------- APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. 2 Progress X Final Engineer's Project No.: 92-288.00 Project: WASTEWATER TREATMENT PLANT IMP • CITY OF CAPE CANAVERAL Contractor: WHARTON-SMITH, INC. Contract Date: P. O. BOX 471028, Lake Monroe, FL 32748 W/S Job No: 517 Contract For: Application Date: 9/18/95 For Period Ending: 8/20/95 Change Order Summary Change Orders approved in ADDITIONS DEDUCTIONS previous months by OWNER TOTAL Approved this month Number Date Approved TOTALS 0.00 0.00 Net Change by Change Orders 0.00 1. ORIGINAL CONTRACT SUM $ 6,500,000.00 2. Net Change by Change Order 0.00 3. CONTRACT SUM TO DATE(Line 1 and 2) $ 6,500,000.00 4. TOTAL COMPLETED AND STORED TO DATE 564,770.61 5. RETAINAGE: (Column I&N,Forms 00845 and 00846) a. 10% of completed work $ 52,638.00 . b. 10% of Stored Material $ 3,839.06 Total Retained(Line 5a and 5b) $ (56,477.06) 6. TOTAL EARNED LESS RETAINAGE .. (Line 4 less Line 5 Total) '508,293.55 7. LESS PREVIOUS CER11FICATES FOR PAYMENT (Line 6 from prior Certificate) (343,935.00) 8. AMOUNT DUE THIS APPLICATION $ 164,358.55 9. BALANCE TO FINISH,PLUS RETAINAGE $ 5,991,706.45 (Line 3 less Line 6) ATW/pt/11/S-C-2/00844.TXT HAI#92-288.00 00844-1 102194 1 f i , Contractors Certification The undersigned Contractor hereby swears under penalty of perjury that(1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through 1 inclusive; and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. - Dated: 9/12/95 WHARTON-SMITH, INC. (Contractor) By: / / B P. Kuhnle Vice President COUNTY OF SEMINOLE STATE OF FLORIDA Before me on this 12-Sep-95 personally appeared Brian P. Kuhnle known to me, who being duly sworn, deposes and says that (s)he is the Vice President of the Contractor above mentioned; that (s)he executed the above Applications for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. v ,_ C-t° N 0 • '. i 4,sto P% JOAN E NSLEY AI Ny Commis9 My Commission ..1,. � sk. Expiroa Augdon 12,CC�198883ea 'i:7174 Bonded by HAl ffr4iFO;K 1100.422.1555 Engineer's Recommendation Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Hartma Associates, Inch , • B ‘ ----Z-;\( o.�. , ( uth d Sign Date: \y ``5 L ATW/pt/ll/S-C-2/00844.TXT HAI#92-288.00 00844-2 102194 Owners Approval By: oiddid• A /c w,L s (Title) Acct. No. Date: 1/ 21/Is-- END 2 Is--END OF SECTION • ATW/pt/11/S-C-2/00844.TXT HAI#92-288.00 00844-3 102194 , SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 1 MOBILIZATION 1.00 LS 200,000.00 200,000.00 1.00 100.00% 1.00 100.00% 200,000.00 2 DEMOBILIZATION 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 3 BONDS/INSURANCE 1.00 LS 160,000.00 160,000.00 1.00 100.00% 1.00 100.00% 160,000.00 4 SURVEY&LAYOUT 1.00 LS 49,000.00 49,000.00 0.05 5.00% 0.10 10.00% 4,900.00 5 CONTRACT ADMINISTRATION 14.00 MO 10,000.00 140,000.00 0.08 8.00% 0.15 15.00% 21,000.00 SITEWORK _ _ 6 CLEAR&GRUB 1.00 LS 6,000.00 6,000.00 0.00% 0.00% 0.00 7 RETENTION POND 1.00 LS 16,000.00 16,000.00 0.00% 0.00% 0.00 8 EXCAVATION/BACKFILL @ LIFT STATION 1.00 LS 15,000.00 15,000.00 0.00% 0.00% 0.00 9 ROUGH GRADE SITE 1.00 LS 7,500.00 7,500.00 0.00% 0.00% 0.00 10 FINAL GRADE SITE 1.00 LS 3,500.00 3,500.00 0.00% 0.00% 0.00 11 STORM DRAINAGE PIPE/MANHOLES 1.00 LS 45,000.00 45,000.00 0.00% 0.00% 0.00 12 PAVEMENT 1.00 LS 100,000.00 100,000.00 0.00% 0.00% 0.00 13 FENCE 1.00 LS 15,000.00 15,000.00 0.15 15.00% 0.85 85.00% 12,750.00 14 SEED/SOD 1.00 LS 7,000.00 7,000.00 0.00% 0.00% 0.00 15 SLUDGE DRYING BED REMOVAL 1.00 LS 15,000.00 15,000.00 0.00% 0.30 30.00% 4,500.00 7 16 DEWATERING INSTALLATION 1.00 LS 78,000.00 78,000.00 0.00% 0.10 10.00% 7,800.00 17 DEWATERING 1.00 LS 6,500.00 6,500.00 0.00% 0.02 2.00% 130.00 18 TRAILER RELOCATE 1.00 LS 20,000.00 20,000.00 0.00% 0.80 80.00% 16,000.00 19 PRECAST LIFT STATION 2.00 EA 10,000.00 20,000.00 0.00% 0.00% 0.00 20 MISC.PRECAST ME 1 ER VAULTSNALVE BOX 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 21 SLUDGE REMOVAL 500.00 TN 30.00 15,000.00 0.00% 0.30 30.00% 4,500.00 YARD PIPING 22 30"MLSS DIPNALVES/FTGS 1.00 LS 98,700.00 98,700.00 0.00% 0.00% 0.00 23 24"RWW.MLSS,IR,SE DIPNALVES/FTGS 1.00 LS 195,000.00 195,000.00 0.00% 0.00% 0.00 24 20"MLSS DIP/VALVES/FTGS - 1.00 LS 20,800.00 20,800.00 0.00% 0.00% 0.00 25 18"EFF DIPNALVES/FTGS 1.00 LS 50,000.00 50,000.00 . 0.00% 0.00% 0.00 26 16"FM,SE DIP/VALVES/FTGS 1.00 LS 30,000.00 30,000.00 0.00% 0.00% 0.00 27 12&8"OF,FM DIPNALVES/FTGS 1.00 LS 14,000.00 14,000.00 0.00% 0.00% 0.00 28 6&4"FM,DS,WAS,AIR DIPNALVES/FTGS 1.00 LS 40,800.00 40,800.00 0.00% 0.00% 0.00 29 12&8"SS PVC PIPE/FIGS 1.00 LS 15,500.00 15,500.00 0.00% 0.10 10.00% 1,550.00 30 6&4"SS PVC PIPE/FTGS 1.00 LS 15,000.00 15,000.00 0.00% 0.00% 0.00 LWM/ptlns/S-O-10/00845.TXT HAI#90-121.19 00845-4 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 31 LIFT STATIONS DIP&PUMPS 2.00 EA 23,850.00 47,700.00 0.00% 0.00% 0.00 32 SMALL PIPING 1.00 LS 12,000.00 12,000.00 0.00% 0.00% 0.00 33 BYPASS WORK 1.00 LS 13,000.00 13,000.00 0.00% 0.00% 0.00 34 CONCRETE ENCASEMENT 1.00 LS 9,000.00 9,000.00 0.00% 0.00% 0.00 35 PRESSURE TESTING 1.00 LS 2,000.00 2,000.00 0.00% 0.00% 0.00 PRETREATMENT STRUCTURE _ 36 EXCAVATION 1.00 LS 8,000.00 8,000.00 0.00% 0.00% 0.00 37 BACKFILL 1.00 LS 2,000.00 2,000.00 0.00% 0.00% 0.00 38 CONCRETE 1.00 LS 100,000.00 100,000.00 0.00% 0.00% 0.00 39 METALS 1.00 LS 12,200.00 12,200.00 0.00% 0.00% 0.00 40 GRATING 1.00 LS 4,000.00 4,000.00 0.00% 0.00% 0.00 41 PAINTING 1.00 LS 9,000.00 9,000.00 0.00% 0.00% 0.00 42 VORTEX(GRIT)PUMP 1.00 EA 11,000.00 11,000.00 0.00% 0.00% 0.00 43 GRIT REMOVAL SYSTEM 1.00 LS 65,000.00 65,000.00 0.00% 0.00% 0.00 44 BAR SCREEN 1.00 LS 110,000.00 110,000.00 0.00% 0.00% 0.00 45 SLIDE GATES 3.00 EA 2,200.00 6,600.00 0.00% 0.00% 0.00 46 PIPING 1.00 LS 12,500.00 12,500.00 0.00% 0.00% 0.00 FERMENTATION/ANOXIC/FE/SSE BASINS 47 EXCAVATION 1.00 LS 25,000.00 25,000.00 0.00% 0.00% 0.00 48 BACKFILL1.00 LS 4,000.00 4,000.00 0.00% 0.00% 0.00 49 CONCRETE 1.00 LS 725,000.00 725,000.00 0.00% 0.00% 0.00 50 METALS(INC.BAFFLES,WEIRS&BOX) 1.00 LS 85,400.00 85,400.00 0.00% 0.00% 0.00 51 GRATING 1.00 LS 19,400.00 19,400.00 0.00% 0.00% 0.00 52 PAINTING 1.00 LS 45,000.00 45,000.00 0.00% 0.00% 0.00 53 PIER MOUNT MIXERS 6.00 EA 16,666.67 100,000.00 0.00% • 0.00% 0.00 54 SUBMERSIBLE MIXERS - 4.00 EA 11,300.00 45,200.00 0.00% 0.00% 0.00 55 NON-CLOG(FE)PUMPS 3.00 EA 12,150.00 36,450.00 .0.00% 0.00% 0.00 56 PIPING 1.00 LS 27,300.00 27,300.00 0.00% 0.00% 0.00 57 WEIR GATES 2.00 EA 2,200.00 4,400.00 0.00% 0.00% 0.00 PRETREAT DEMO/OXIDATION DITCH MODS 58 DEMOLITION 1.00 LS 7,000.00 7,000.00 0.00% 0.00% 0.00 LWM/ptlns/S-O-10/00845.TXT HAI#90-121.19 00845-5 062794 g • { t SECTION 00845 t SCHEDULE OF VALUES t Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 59 CONCRETE 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 60 METALS 1.00 LS 5,800.00 5,800.00 0.00% 0.00% 0.00 61 GRATING 1.00 LS 1,700.00 1,700.00 0.00% 0.00% 0.00 62 PAINTING 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 63 AERATORS(REMOVE Sc REPLACE)INC.LICENS 2.00 EA 83,000.00 166,000.00 0.00% 0.00% 0.00 64 PIPING 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 SETTLE TANK DEMO/2ND ANOXIC&REAERATE 65 SETTLING TANK DEMOLITION 1.00 LS 8,000.00 8,000.00 0.00% 0.00% 0.00 66 CONCRETE 1.00 LS 30,000.00 30,000.00 0.00% 0.00% 0.00 67 METALS 1.00 LS 18,500.00 18,500.00 0.00% 0.00% 0.00 68 GRATING 1.00 LS 5,200.00 5,200.00 0.00% 0.00% 0.00 69 PAINTING 1.00 LS 5,000.00 5,000.00 0.00% 0.00% 0.00 70 DIFFUSED AERATION PIPING 1.00 LS 4,000.00 4,000.00 0.00% 0.00% 0.00 71 SUBMERSIBLE MIXERS 6.00 EA 11,300.00 67,800.00 0.00% 0.00% 0.00 72 SLIDE GATE 2.00 EA 2,200.00 4,400.00 0.00% 0.00% 0.00 73 PIPING 1.00 LS 7,500.00 7,500.00 0.00% 0.00% 0.00 INTERMEDIATE PUMP STATION 74 EXCAVATION 1.00 LS 8,000.00 8,000.00 0.00% 1.00 100.00% 8,000.00 75 BACKFILL 1.00 LS 2,000.00 2,000.00 0.00% 0.00% 0.00 76 CONCRETE 1.00 LS 56,000.00 56,000.00 0.00% 0.40 40.00% 22,400.00 77 METALS 1.00 LS 6,800.00 6,800.00 0.00% 0.00% 0.00 78 PAINTING 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 79 SUBMERSIBLE PUMPS 5.00 EA 8,750.00 43,750.00 0.00% 0.00% 0.00 80 PIPING 1.00 LS 49,000.00 49,000.00 0.00% 0.00% 0.00 CLARIFIERS 81 EXCAVATION 1.00 LS 12,000.00 12,000.00 . 0.00% 0.00% 0.00 82 BACKFILL 1.00 LS 2,000.00 2,000.00 0.00% 0.00% 0.00 83 CONCRETE SUMPS 2.00 EA 15,000.00 30,000.00 0.00% 0.00% 0.00 84 CONCRETE FLOOR 2.00 EA 23,150.00 46,300.00 0.00% 0.00% 0.00 85 SHOTCRETECOREWALL 2.00 EA 50,554.00 101,108.00 0.00% 0.00% 0.00 86 CONCRETE LAUNDER 2.00 EA 29,482.00 58,964.00 0.00% 0.00% 0.00 LWM/pt/ns/S-O-10/00845.TXT HAI#90-121.19 00845-6 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 87 PRESTRESS&COVERCOAT WALLS 2.00 EA 15,891.00 31,782.00 0.00% 0.00% 0.00 88 STRUCTURE PAINTING 2.00 EA 11,740.00 23,480.00 0.00% 0.00% 0.00 89 METALS 1.00 LS 7,500.00 7,500.00 0.00% 0.00% 0.00 90 GRATING 1.00 LS 5,900.00 5,900.00 0.00% 0.00% 0.00 91 PAINTING 1.00 LS 18,000.00 18,000.00 0.00% 0.00% 0.00 92 CLARIFIER EQUIPMENT 1.00 LS 122,000.00 122,000.00 0.00% 0.00% 0.00 93 PIPING 1.00 LS 6,800.00 6,800.00 0.00% 0.00% 0.00 94 WEIRS 1.00 LS 10.000.00 10,000.00 0.00% 0.00% 0.00 RAS/WAS/SCUM BOX SRUCTURE , 95 EXCAVATION 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 96 BACKFILL 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 97 CONCRETE 1.00 LS 60,000.00 60,000.00 0.00% 0.00% 0.00 98 METALS 1.00 LS 2,000.00 2,000.00 0.00% 0.00% 0.00 99 GRATING 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 100 PAINTING 1.00 LS 5,000.00 5,000.00 0.00% 0.00% 0.00 101 SLIDE GATES 2.00 EA 2,200.00 4,400.00 0.00% 0.00% 0.00 102 TELESCOPING VALVES 2.00 EA 2,500.00 5,000.00 0.00% 0.00% 0.00 103 RAS/WAS PUMPS 5.00 EA 12,000.00 60,000.00 0.00% 0.00% 0.00 104 PIPING 1.00 LS 22,300.00 22,300.00 0.00% 0.00% 0.00 AERATION CHAMBER DEMO/FILTRATION BASIN 105 AERATION CHAMBER DEMOLITION 1.00 LS 17,500.00 17,500.00 0.00% 0.95 95.00% 16,625.00 106 CONCRETE 1.00 LS 170,000.00 170,060.00 0.00% 0.00% 0.00 107 MASONRY 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 108 METALS 1.00 LS 7,500.00 7,500.00 0.00% 0.00% 0.00 109 GRATING 1.00 LS 2,900.00 2,900.00 0.00% • 0.00% 0.00 110 PAINTING - 1.00 LS 8,000.00 8,000.00 0.00% 0.00% 0.00 111 SAND FILTER 1.00 LS 308,000.00 308,000.00 0.00% 0.00% 0.00 112 DIFFUSED AERATION PIPING 1.00 LS 4,000.00 4,000.00 0.00% 0.00% 0.00 113 PIPING @ FILTERS 1.00 LS 12,500.00 12,500.00 0.00% 0.00% 0.00 CLARIFIER DEMO/CHLORINE CONTACT CHAMBER , 114 CLARIFIER DEMOLITION I 1.00 1 LS 12,500.00 12,500.00 0.50 50.00% 0.95 95.00% 11,875.00 LWM/pt/ns/S-O-10/00845.TXT HAI#90-121.19 00845-7 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 .Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 115 CONCRETE 1.00 LS 75,000.00 75,000.00 0.00% 0.00% 0.00 116 METALS 1.00 LS 40,300.00 40,300.00 0.00% 0.00% 0.00 117 GRATING 1.00 LS 5,800.00 5,800.00 0.00% 0.00% 0.00 118 PAINTING 1.00 LS 20,000.00 20,000.00 0.00% 0.00% 0.00 119 PIPING 1.00 LS 23,600.00 23,600.00 0.00% 0.00% 0.00 INTERNAL RECYLCE PUMPS 120 CONCRETE 1.00 LS 20,000.00 20,000.00 0.00% 0.00% 0.00 121 NON-CLOG PUMPS 4.00 EA 10,700.00 42,800.00 0.00% 0.00% 0.00 122 PIPING 1.00 LS 59,000.00 59,000.00 0.00% 0.00% 0.00 123 PAINTING 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 J SLUDGE DEWATERING FACILITY 124 EXCAVATION 1.00 LS 6,000.00 6,000.00 0.00% 1.(X) 100.00% 6,000.00 125 BACKFILL 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 126 CONCRETE 1.00 LS 99,000.00 99,000.00 0.00% 0.15 15.00% 14,850.00 127 MASONRY 1.00 LS 25,000.00 25,000.00 0.00% 0.00% 0.00 128 METALS 1.00 LS 13,000.00 13,000.00 0.00%. 0.00% 0.00 129 GRATING 1.00 LS 11,600.00 11,600.00 0.00% 0.00% 0.00 130 PRECAST ROOF SLABS 1.00 LS 9,000.00 9,000.00 0.00% 0.00% 0.00 131 ROOFING 1.00 LS 4,500.00 4,500.00 0.00% 0.00% 0.00 132 COILING DOORS 3.00 EA 5,900.00 17,700.00 0.00% 0.00% 0.00 133 DOOR&LOUVERS 1.00 LS 12,000.00 12,000.00 0.00% 0.00% 0.00 134 STUCCO 1.00 LS 10,000.00 10,06).00 0.00% 0.00% 0.00 135 PAINTING 1.00 LS 50,000.00 50,000.00 0.00% 0.00% 0.00 136 BELT FILTER PRESS 1.00 LS 185,000.00 185,000.00 0.00% 0.00% 0.00 137 SLUDGE CONVEYOR 1.00 LS 92,000.00 92,000.00 0.00% 0.00% 0.00 138 POLYMER FEED SYSTEM - 1.00 LS 9,000.00 9,000.00 0.00% 0.00% 0.00 139 PIPING 1.00 LS 2,800.00 2,800.00 0.00% 0.00% 0.00 INSTR/GEN/BLOWER BUILDING 140 CONCRETE(INC.CONTAINMENT STRUC.) 1.00 LS 75,000.00 75,00).00 0.00% 0.00% 0.00 141 MASONRY 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 142 ROOF TRUSSES&CARPENTRY 1.00 LS 6,500.00 6,500.00 0.00% 0.00% 0.00 LWM/pt/ns/S-O-10/00845.TXT HAI#90-12L19 00845-8 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G Fl I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 143 INSULATION 1.(X) LS 4,(X)).(X) 4,(X)0.00 0.(0% 0.00% 0.00 144 DRYWALL 1.00 LS 5,500.00 5,500.00 0.00% 0.00% 0.00 145 ACOUSTICAL CEILING 1.00 LS 900.00 900.00 0.00% 0.00% 0.00 146 ALUMINUM SOFI'I I 1.00 LS 500.00 500.00 0.00% 0.00% 0.00 147 ROOFING 1.00 LS 8,500.00 8,500.00 0.00% 0.00% 0.00 148 STUCCO 1.00 LS 7,500.00 7,500.00 0.00% 0.00% 0.00 149 DOORS,LOUVERS&WINDOWS 1.00 LS 9,000.00 9,000.00 0.00% 0.00% 0.00 150 PAINTING 1.00 LS 7,000.00 7,000.00 0.00% 0.00% 0.00 151 BLOWERS 4.00 EA 7,250.00 29,000.00 0.00% 0.00% 0.00 152 ALUM FEED SYSTEM 1.00 LS 3,500.00 3,500.00 0.00% 0.00% 0.00 153 GENERATOR 1.00 LS 60,000.00 60,000.00 0.00% 0.00% 0.00 154 FUEL TANK 1.00 LS 6,000.00 6,000.00 0.00% 0.00% 0.00 155 PIPING 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 156 HVAC 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 OPERATION BUILDING 157 DEMOLITION 1.00 LS 500.00 500.00 0.00% 0.00% 0.00 158 METALS 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 159 PAINTING 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 160 CHLORINATION SYSTEM 1.00 LS 16,000.00 16,000.00 0.00% 0.00% 0.00 161 HOIST 1.00 LS 3,500.00 3,500.00 0.00% 0.00% 0.00 SLUDGE HOLDING TANK MODIFICATIONS 162 DEMOLITION 1.00 LS 3,000.00 3,060.00 0.00% 0.00% 0.00 163 FILUCONCRETE @ FLOOR 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 164 REROOFING 1.00 LS 14,000.00 14,000.00 0.00% 0.00% 0.00 165 DIFFUSED AERATION PIPING 1.00 LS 20,000.00 20,000.00 0.00% 0.00% 0.00 166 PAINTING - 1.00 LS 6,000.00 6,000.00 0.00% 0.00% 0.00 167 ROTARY LOBE(SLUDGE)PUMPS 2.00 EA 10,000.00 20,000.00 .. 0.00% 0.00% 0.00 168 CONCRETE SLAB 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 169 DIP 1.00 LS 4,000.00 4,000.00 0.00% 0.00% 0.00 INSTRUMENTATION&CONTROLS 170 FIELD MOUNTED INSRUMENTS 1.00 LS 50,000.00 50,000.00 0.00% 0.00% 0.00 LWM/pt/ns/S-O-10/00845.TXT HAI#90-121.19 00845-9 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 171 PLC/IOCABINETS 1.0) LS 70,000.(X) 70,000.00 0.00% 0.00% 0.00 172 FIBER OPTIC CABLE 1.00 LS 7,000.00 7,000.00 0.00% 0.00% 0.00 ELECTRICAL 173 YARD CONDUIT/BOXES 1.00 LS 80,000.00 80,000.00 0.00% 0.10 10.00% 8,000.00 174 YARD WIRE 1.00 LS 30,000.00 30,000.00 0.00% 0.05 5.00% 1,500.00 175 PRETREAT STRUCTURE 1.00 LS 20,000.00 20,000.00 0.00% 0.00% 0.00 176 FERM/ANOXIC/FE/SSE BASINS 1.00 LS 60,000.00 60,000.00 0.00% 0.00% 0.00 177 AERATORS/RECYCLE PUMPS 1.00 LS 35,000.00 35,000.00 0.00% 0.00% 0.00 178 2ND ANOXIC/REAERATION 1.00 LS 18,000.00 18,000.00 0.00% 0.00% 0.00 179 INTERMEDIATE PUMP STATION 1.00 LS 26,000.00 26,000.00 0.00% 0.00% 0.00 180 CLARIFIER/RAS/WAS 1.00 LS 25,000.00 25,000.00 0.00% 0.00% 0.00 181 FILTRATION BASIN/EFF TRANSFER PUMPS 1.00 LS 19,000.00 19,000.00 0.00% 0.00% 0.00 182 CHLORINE CONTACT CHAMBER 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 183 SLUDGE HOLDING TANK/PUMPS 1.00 LS 6,000.00 6,000.00 0.00% 0.00% 0.00 184 SLUDGE DEWATERING FACILITY 1.00 LS 35,000.00 35,000.00 0.00% 0.00% 0.00 185 CHLORINATION SYSTEM 1.00 LS 7,000.00 7,000.00 0.00% 0.00% 0.00 186 INSTR/GENBLOWER BUILDING 1.00 LS 40,000.00 40,000.00 0.00% 0.10 10.00% 4,000.00 187 SWITCHGEAR/MCC/TRANSFER SWITCH 1.00 LS 127,000.00 127,000.00 0.00% 0.00% 0.00 188 ALL EQUIPMENT START UPS 1.00 LS 4,666.00 4,666.00 0.00% 0.00% 0.00 TOTALS-ORIGINAL CONTRACT 6,500,000.00 530,880.00 PENDING CHANGE ORDERS 189 SURVEY&LAYOUT 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 SITEWORK 190 CLEAR&GRUB 1.00 LS 1,900.00 1,900.00 0.00% 0.00% 0.00 191 ROUGH GRADE SITE 1.00 LS 500.00 500.00 0.00% 0.00% 0.00 192 FINAL GRADE SITE 1.00 LS 500.00 500.00 0.00% 0.00% 0.00 LWM/pt/ns/S-O-10/00845.TXT HAI#90-121.19 00845-10 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 193 SEED/SOD 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 194 DEWATERING INSTALLATION 1.00 LS 2,000.00 2,000.00 0.00% 0.00% 0.00 195 DEWATERING 1.00 LS 500.00 500.00 0.00% 0.00% 0.00 196 MISC.PRECAST METER VAULTSNAL\ 1.00 LS 9,000.00 9,000.00 0.00% 0.00% 0.00 YARD PIPING 197 16"FM,SE DIP/VALVES/Fi'GS 1.00 LS 80,500.00 80,500.00 0.00% 0.00% 0.00 198 12&8"OF,FM DIPNALVES/FTGS 1.00 LS 20,900.00 20,900.00 0.00% 0.00% 0.00 199 SMALL PIPING 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 200 CONCRETE ENCASEMENT 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 AERATION CHAMBER DEMO/FILTRATION BASIN 201 EFFLUENT TRANSFER PUMPS 1.00 LS 40,976.00 40,976.00 0.00% 0.00% 0.00 202 PIPING @ TRANSFER PUMPS 1.00 LS 16,500.00 16,500.00 0.00% 0.00% 0.00 SLUDGE DEWATERING FACILITY 203 CONCRETE 1.00 LS 1,000.00 1,000.00 0.00% 0.00% 0.00 RECLAIM WATER TANK 204 EXCAVATION 1.00 LS 12,000.00 12,000.00 0.00% 0.00% 0.00 205 BACKFILL 1.00 LS 10,000.00 10,000.00 0.00% 0.00% 0.00 206 SLAP PREP 1.00 LS 14,750.00 14,750.00 0.00% 0.00% 0.00 207 CONCRETE FLOOR 1.00 LS 63,600.00 63,600.00 0.00% 0.00% 0.00 208 SHOTCRETE COREWALL 1.00 LS 78,300.00 78,300.00 0.00% 0.00% 0.00 209 CONCRETE DOME 1.00 LS 82,400.00 82,400.00 0.00% 0.00% 0.00 210 PRESTRESS&COVERCOAT 1.00 LS 44,300.00 44,300.00 0.00% 0.00% 0.00 211 PAINT&ACCESSORIES ON TANK 1.00 LS 39,000.00 39,000.00 0.00% 0.00% 0.00 212 HYDROPNUEMATIC SYSTEM - 1.00 LS 38,000.00 38,000.00 0.00% 0.00% 0.00 213 EFFLUENT PUMP STATION CONCRETE 1.00 LS 17,000.00 17,000.00 0.00% 0.00% 0.00 214 EFFLUENT PUMPS 1.00 LS 35,000.00 35,000.00 0.00% 0.00% 0.00 215 DIP @ EFFLUENT PUMPS 1.00 LS 20,900.00 20,900.00 0.00% 0.00% 0.00 216 PAINT HYDRO SYSTEM&EFF PUMPS' 1.00 LS 5,000.00 5,000.00 0.00% 0.00% 0.00 SUBSTANDARD EFFLUENT HOLDING TANK LWM/pt/ns/S-O-10/00845.TXT HAI#90-121.19 00845-11 062794 SECTION 00845 SCHEDULE OF VALUES Pay Estimate No. 2 Project: WASTEWATER TREATMENT PLANT IMP W/S Job No. 517 For Period Ending 8/20/95 Prepared By: Clyde Burgess r A B C D E F G H I Item Description Bid Units Unit Bid Complete Complete Value of Quantity Prices Amount Through Through Items Last Period This Period Completed Qty % Qty % 217 EXCAVATION 1.00 LS 15,000.00 15,000.00 0.00% 0.00% 0.00 218 BACKFILL 1.00 LS 12,000.00 12,000.00 0.00% 0.00% 0.00 219 SLAB PREP 1.00 LS 15,750.00 15,750.00 0.00% 0.00% 0.00 220 CONCRETE FLOOR 1.00 LS 77,300.00 77,300.00 0.00% 0.00% 0.00 221 SHOTCRETE COREWALL 1.00 LS 87,600.00 87,600.00 0.00% 0.00% 0.00 222 PRESTRESSING&COVERCOAT 1.00 LS 30,200.00 30,200.00 0.00% 0.00% 0.00 223 PAINT&ACCESSORIES ON TANK 1.(X) LS 25,200.00 25,200.00 0.00% 0.00% 0.00 INSTRUMENTATION&CONTROLS 224 DATA AQUISITION SYSTEM 1.00 LS 95,000.00 95,000.00 0.00% 0.00% 0.00 225 HELD MOUNTED INSRUMENTS 1.00 LS 5,000.00 5,000.00 0.00% 0.00% 0.00 226 PLC/IO CABINETS 1.00 LS 30,000.00 30,000.00 0.00% 0.00% 0.00_, ELECTRICAL 227 YARD CONDUIT/BOXES 1.00 LS 5,000.00 5,000.00 0.00% 0.00% 0.00 228 YARD WIRE 1.00 LS 5,000.00 5,000.00 0.00% 0.00% 0.00 229 FILTRATION BASIN/EFFTRANSFER Pl. 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 230 RECLAIM WATER TANK/EFF PUMP ST. 1.00 LS 20,000.00 20,000.00 0.00% 0.00% 0.00 231 SWITCHGEAR/MCCI TRANSFER SWITCI 1.00 LS 3,000.00 3,000.00 0.00% 0.00% 0.00 232 ALL EQUIPMENT START UPS 1.00 LS 424.00 424.00 0.00% 0.00% 0.00 • GRAND TOTALS 7,570,000.00 526,380.00 LWM/pt/ns/S-0-10/00845.TXT HAI#90-121.19 00845-12 062794 STORED MATERIAL SCHEDULE Applicaltion No.: 2 W/S JOB NO: For Period Endinl8/20/95 Prepared By: Clyde Burgess 517 INVOICE (-)INVOICE (+)INVOICE (=)INVOICE VALUE VALUE FOR FOR MAT'L VALUE ACTUAL DESCRIPTION ITEM# INVOICE # LAST PERIOD MATERIAL DELIVERED MAT'L STORED CUMULATIVE INSTALLED THIS PERIOD ON SITE THIS PERIOD FLORIDA STEEL CORPORATION 106 72112064985 0.00 0.00 11,960.98 11,960.98 FLORIDA STEEL CORPORATION 106/115 72112064984 0.00 0.00 11,660.31 11,660.31 FLORIDA STEEL CORPORATION 76 72112094773 0.00 0.00 5,073.72 5,073.72 FLORIDA STEEL CORPORATION 49 2112095034 0.00 0.00 1,933.44 1,933.44 FLORIDA STEEL CORPORATION 76/126 2112095231 0.00 0.00 3,705.19 3,705.19 SUCA PIPE SUPPLY, INC. 29/30 1983 0.00 0.00 1,883.97 1,883.97 ELLIS K. PHELPS &CO. 79 22280 0.00 0.00 2,173.00 2,173.00 0.00 0.00 • 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 38,390.61 38,390.61 FLORIDA STEEL CORPORATION FLORIDA STEEL . CORPORATION REMIT TO FLORIDA STEEL CORPORATION LOCK BOX P .O . BOX 65322 "Steel when you want it" ADDRESS : CHARLOTTE L NC 28265 o PHONE : 813/752-7550 INVOICE NO. INVOICE DATE s WHARTON ._ SMITH , INC, x PURCHASE * 2112094985 08 16 95 H 600 TOWER BLVD . �t ORDER ;t I * NUMBER X. B/L NO. B/L DATE P CAPE CANAVERAL FL * 251244 3* T 32920 2112040079 08 16 95 O SHIPPING LOCATION WHARTON SMITH INC TAMPA S W T PLANT IMPROV. o (� CARRIER L P O BOX 396 LS�i L 17 D LAKE: MONROE FL. 3"2'14'? FSC TRULY. T AUG 21 199 F.o.e. O . PRO.J : W.T.P. IMPROVE:i`11=i�TS. .. WHARTON-SMITHINC. JJOBSITE , CUSTOMER TAX INFORMATION TAX STATE cOUN- CITY SALES. CUSTOMER -JOe N0. p0 NO TERMS CODE TY YAN NUYeER 40233496 2112-'6024 251244 NET 30 DAYS TAXABLE: Y 11 c)09 ;:WG QTY./REL. DESCRIPTION HE1.NFUH :1Nls STEEL HEX RELEASE 004 CONTROL CODE TT3 DRAWING NUMBER C2 MAT ' L FOR FILTRATION BASIN — WALLS BE GENE:RAL BAR SUPPORTS DIRECT SHIPMENT B`f. SCA C4937 ) tri eL * xL.UMPSUM BILLING 11283. 94 i -11,/ 2 so • 1TL?-1 (o6 CODE -=.-- p __�3 ----t_Z- JOB 7A P}rase ACT1V}ry t.LSC COPIES: POFIle GroaaArat. // 14t8114301' ROG' Inr.4. a , DI,count 3aolcch Am------ t.to:Prorate Amt. D.U,to: Not Pay Amt Dat• ' Y•y Appmved Period 1 l 1 SUB—TOTAL 11283 .94 STATE: FL. TAX 677 .04 .00 .00 SALES TAX 677 .04 6. 00% .00% .00% TOTAL 11960.98. RECEIVED,subject to the classifications and lands in effect on the date of the issue of this Bill of Lading,the property described above in apparent good order,except as noted(contents and conditions of contents of packages unknown),marked,consigned,and destined as indicated above which said carrier(the word carrier being understood throughout this contract as meaning any person or corporation in possession of RECEIVED the properly under the contract)agrees to carry to its usual place of delivery at said destination,it on its route,otherwise to deliver to another carrier on the route to said destination.II is mutually agreed as to each carrier of all or any of said property over all or any portion of said route to destination and as to each party at any time interested in all or anysaid property,that every service to be performed hereunder shall be subject NOTE:To obtain allowance for shortage or damage,customer must advise shipper to all the bill of lading terms and conditions in the governing classification on the dale or shipment. within 5days of receipt of material.Customer has absolutely no permission to relabricate Shipper hereby certifies that he is lamiliarwdh all the bill ollading terms and conditions in the governing classification and the said terms and material which will result in a back charge to shipper wdhoulwrinen consent of shipper conditions aro hereby agreed to by the shipper and accepted for himself and his assigns. FLORIDA STEEL CORPORATION E;Iir REMIT T•o FLORIDA STL:F:L. CORPORATION LUCK BOX P .O . BOX 653;22 "Steel when you waADDRESS : CI-IARI_.011CL. _NC' 28265 INVOICE NO. INVOICE DATE PHONE 813/;52-7550 -x PURCHASE .y2112094984 08 16 95 H WHARTON — SMITH , T:NC:• jt ()BOLI; ie B/L DATE P 600 TOWER BLVD. x NUMBERE .x B/L NO. FL ie 251 244 to 2112040078 08 16 95 CAPE CANAVERAL 329:'.) O SHIPPING LOCATION O 'TA�1F'A WHTARTOA, SMITH INC n�.J CARRIER S FW T F'I_.ANT IMPROV . o j(�" I�JI\l�T/// O F' 0 BOX 396 FSC TRUCK LAKE MONROE: FL. ��, p .�.: t 4�t F.O.B. T AUG 21 1995 o • r'RO.1 : W.T.P . IMPROVEMENTS Joy, SITE WHARTON-SMITH, INC. BaLEi CODE ®®® YlX CUSTOMER JgE91:WG) ) CUSTOMER JOB N0. - P.O. NO. ^^11 TAXABLE 1 NUMBER ` 251244 NET 30 :DAYS ' 40.:.�3.49�� QTY./REL. • • - • DESCRIPTION CONTROL CODE TTF DRAWING NUMBER Cl MAT ' L FOR FILTRATION BASIN — BASE SLAB REINFORCING STEEL PER RELEASE 003 CONTROL CODE TTQ, DRAWING NUMBER D1 MAT ' L FOR CHL.ORINF. CONTACT CHAMBE:R REINFORCING STEEL PER RELEASE 005 CONTROL CODE T T9 DRAWING NUMBER C2 MAT ' L FOR FILTRATION BASIN — TOP SLABS BS GENERAL BAR S'UPF'U�TS DIRECT SHIPMENT BY SCA (4936 l BS GENERAL BAR SUPPORTS 2 DIRECT SHIPMENT BY SCA (4935) 11000.29 x• *L.UMF'SUM ,BII_.L-INC; 1 Enteared _ -t.Cb ( S I I I� G L Acct. w 'CODE -JCS 4/____OY___/_P1 G PriASE P,CiIVITY ILESC POFIEs: / / /O , 3 POII. CarassA.�nt 1 �! �O r7etalrho P.ot:Anne 16- Dtocounf • — 1 Sackchg to:Pror3ts;rat. T i 1 000 - SUB—TOTAL D.li[.to: Net Psy Amt. �j �✓� STATE FI O.tof[ Appravvd `�_�`/ tensa __,5---- TAX J -- 00 SALES_ TAX 660.0 L w • . 00,i TAX 6�000 � .00% 11660 .3 TOTAL'.:. RECEIVED,subject to the classifications and!antis in effect on the date of the issue of this Bill of Lading,the property described above in apparent good order,except as noted(contents and conditions of contents of packages unknown),marked,consigned,and destined as indicated above whichsaid rtunderstood contract ovranother RECEIVED me property he coniact)agrrees to carry toiusplace of detivsry t sad destinalon,i on is personor to deliver carrier on the roues to saiddestination.It is mutually agreed oto each owner of all any said property over all oany portion l said route st tona lto each party ieinterested ial r any sawoolly, to service be perlormad hereunder shall be subject NOTE:doobta inaltacorsrdamage. cuso eruadvise n o all the bil al lading terms d amons in the overping cteatmnnn te dateor shipmnt. dwit5 aofecelo el Customer has Gagetely o misionoietshnic irhreby es that isfamiliar whall lading terms conditions nMe governing classification and the said terms anwill result naback charge rwithout t conditionsSh are hereby agreed o by the shipper accepted or himself and his assigns. FLORIDA STEEL CORPORATION FLORIDA STEEL CORPORATION REMIT TO FLORIDA STEEL CORPORATION Steel when you want it" LOCK BOX P .O. BOX 65322 ADDRESS : CHARLOTTE , NC 28265 PHONE 813/752-7550 INVOICE NO. INVOICE DATE S WHARTON •— SMITH, INC. * PURCHASE .* 2112094773 08 08 95 H600 TOWER BLVD. of ORDER * — * NUMBER }� B/L NO. B/L DATE P CAFE CANAVERAL FL * 251244 * T 32920 2112039920 08 08 95 0 SHIPPING LOCATION WHARTON SMITH INC �_ TAMPA S W T PLANT IMPROV. )''('= i1V11t �} L P 0 BOX 396 'lily:-=' 7►_-.i1 NJ i•`!-=l CARRIER D LAKE MONRC)E FL. • 32747 FSC TRUCK o F'ROJ : W. T. F . IMPROVEMENTS AUG 11 1995 Fail ��,��� aTO -SMITH, 1P C. JOB SITE • CUSTOMER CUSTOMER TAX COON• 9ALE5• NUMBER JOB NO. t0. NO TERMS TAX INFORMATION CODE STATE TT CITY MAR 402 33496 2112-6024 251 244 NET 30 DAYS TAXABLE 'Y ii 009 RWCr QTY./REL. DESCRIPTION . HEJ.NF•UFrL1NLT S i ELL VLh RELEASE 001 CONTROL. CODE PDI , DRAWING NUMBER A MAT ' L FOR INTERMEDIATE PUMP STATION BS, GENERAL. BAR SUPPORTS DIRECT SHIPMENT BU SCA (4924) •xL.UMF'SUM BILLING 4786.53 ITM 7 6 Entarod o '1 40/ 1.-1l L e.cc1. No. RO• * �'` CODE . W JOS TAG PHASE AC i JITY NE C COPIES: b POFile CroasAint. 67073. 7a, Ret& a Rata rage, , AO° Discount 3ackchg to:Prorate Arnt. D.2J.to: Not Puy Amt. • Dat `7 f• 7YApproved_, Perloc S SUB—TOTAL 4786 .53 STATE FI_ ; TAX 287 . 19 .00 .00 SALES .TAX 287. 19 6.00% . 00% .00% TOTAL 5073.72 RECEIVED,subject to the classifications and tariffs in effect on the date of the issue of this Bill of Lading,the property described above in apparent good order,except as noted(contents and conditions of contents of packages unknown),marked.consigned,and destined as indicated above which said carrier(the word carrier being understood throughout this contract as meaning any person or corporation in possession of RECEIVED the property under the contract)agrees to carry to its usual place of delivery al said destination,it on its route,otherwise to deliver to another carrier on the route to said destination.It is mutually agreed as to each carrier of all or any of said property over all or any portion of said route todeshnetinn and as to each party at any time interested in all or any said property,that every service to be performed hereunder shall be subtect NOTE:To obtain allowance for shortage or damage.customer must advise shipper to all the bill of lading terms and conditions in the governing classification on the dale or shipment. Shipper herebycenihes that he is familiar with all the bill of lading terms and conditions in the governing classification and the said terms and within Sdays of receipt of malarial charge to shipper perwittelynopermission to ofShipper conditions are hereby agreed to by the shipper and accepted for himself and his assigns. material which will result in a back charge to shipper without written consent of shipper. FLORIDA STEEL CORPORATION FLORIDA STEEL CORPORATION REMIT TO FLORIDA STEEL CORPORATION LOCK BOX P.O. BOX 65322 •Stte(wh.nydLwMpt(J•• ADDRESS : CHARLOTTE , NC 28265 e PHONE 813/752-?550 INVOICE NO. INVOICE DATE s WHARTON - SMITH, INC. # PURCHASE 3* 2112095034 08 21 95 H 600 TOWER BLVD. * ORDER *• I * NIIMBER iE B/L NO. B/L DATE P CPE: CANAVERAL EL x 51244 t; 3292.0 21 1 2'DIPECT 08 21 95 T O SHIPPING LOCATION WHARTON SMITH,INC aC CSC V[ DD rAP1F',q s W T PLANT IMPROV, O Fr 0 BOX 396 - CARRIER Lo LAKE MONROE FL 32747 AUG 2 4 1995 o EPOS: W.T.P. IMPROVEMENTSWHARTON-SF�1ITH,INC. F.O.B. JOB SITE CUSTOMER CUSTOMER eETAapUN• tAl[L R 1 JOe No O.NO. TORIES Ta[INFORMATION co'.oSTATE r' car 40233496 2112-6024 251 244 NE( 30 DAYS I AxAHLE Y ' 1 009 PW(, QTY./REL. DESCRIPTION 6080 x(IF [ MESH SHEETS 61(6 4/4 G4 .Y 6080-Er .30005r 4824.00 DIRECT SHIPMENT BY IVY STEEL & WIRE ( 103358) 1-0 .2- EnUKKg CODE � 2TAQPRYL2 AAViTY sc COPIES: df Rotofaugo Raca`:miy) ---f 1 I / (caw D(:cct:ct I ackenc to:P:ocutaArn ` 1 SUB-TOTAL ,7'.124,00 STATE FL. TAX 109.44 00 .00 SALES. rAX / 1 O9,44 6.00% 00J. 00% /7------ / TOTAL 1933.44 RECEIVED.lu0,ect to the cles.dlcanon.and Isnl1.In.pact on In.Uale of Ine,ague of thi.B.11 of lading.the property described above IT sopa..good 000.0.,ceps al nisi(cOnlanl.and c0ndlIan.ol 0001.111101 paCkag.•unknown).mer Fed,consigned,and de,„n.0.s,n0 0aled above.11,001aa Carver one word carrier Dating und.rslood mr0ugnoat inns contract as meaning any person or cUrporanon in po ion or RECEIVED Ina property unlar In.cOnlraCl)agree.10 carry 10111 usual place 01 dedlvary al said delllnalmn.d an as cord..OlherrelSe 10 deliver 10 anon« Garner on In.rale 10 said aeonne11On.Ills mutually agreed as,O each canner of all or any of sane properly over all or any portion 01 said route Iodesnneran and as tosacn par ly al anypmunla rested in all Or any saldpropely,Ina,every S.rv¢.lobapedormed hareunOersnall b.su0leO NOTE:To obtain allowance for ytonage or damage.customer must advise shipper to all the ble 01 lading terms and conditions,n In•governing cl.SSIltcanon on the dale or ornament. mann 5days of recelpl of malenal.Customer ha.absolutely no perm..San to relapnCale Shipper MreDy Gandlel lhal hen]lamdiar win all the bdl 011.dnng lermland Cond,tiOn]nn lie governing Cl,SSIlIOAlron an0lhe said terms and rndlenalwrnch w1lr0sullln dek chargylo Shipperw„houlwreten0Onsenl 01 shipper. conditions ale nereoy egrets to by Ine shipper and accepded for mimosa and his assigns. J)1 .. FLORIDA STEEL CORPORATION FLORIDA STEEL CORPORATION REMIT TO FLORIDA STEEL CORPORATION "Sart when you wan(!!•• L.C)CI< BOX P.O. BOX 65322 ADDRESS: CHARLOTTE, NC 28265 • INVOICE NO. INVOICE DATE PHONE. 613/752-7550 s H WHARTON - SMITH,, INC,, fL PURCHASE +t 2l 12095231 08 17 95 1 600 TOWER BLVD. .E ORDER OIL NO. B/L DATE P NUMBER It CAPE CAI'!AVERAL. FL. * 251244 * T 32920 2112040200 08 17 95 O SHIPPING LOCATION s WHARTON VMYTH-I INC VAMP O CARRIER L F' 0 BOX 396 - o LAKE MONROE FL 32. 47 PSC TRUCK T Q PR0_l: W.T.P. IMPROVEMENTS FD.B. JOB SITE CASTOR!! CUSTOMER TERRI TAX INIORMATIOY c , STAT! COOL CITE 'YA NUMBER JOS S. Pa Y4 40233496 2112-6024 251244 NET 30 DAYS TAXABLE Y 11 )09 �WCT QTY./REL. DESCRIPTION REINFORCING STEEL. PER RELEASE 007 CONTROL CODE PTR, DRAWING NUMBER E1 MAT'L FOR SLUDGE DEWATERING; - FOUNDATION / REINFORCING STEEL PER RELEASE 006 SMS -1 (7 11--r CONTROL. CODE PTY, DRAWING NUMBER E:2 MAT'L FOR SLUDGE DEWATERING - URTS & BMS X)-4 REINFORCING STEEL. PER RELEASE 009 4`r CONTROL CODE PK8, DRAWING NUMBER n NAT'L FOR INT PUMP STATION WALLS i NS GENERAL BAR SUPPORTS DIRECT .SHIPMENT" :B1' SCA (4946) u a UMPSIJM Bal_L.I:NG :3495.46 Entar•d GL Acct.No. CODE 5_I 9 4;( a3f 'ol � JO, TAO PHA:.;: ACT1vICr ttl,ir..' COPIES: ma POFUA Groa.Amt. LO . / 4 - RECEIVE-DI lt.t.liwg• R.4.InaQ._ T Cl.cownt —' _ SEP 0 5 1995 6■ekchp to:Prorat.ARIL D.U.to: Not Ply Amt. INC' --;.--•- WHARTON-SMITH, data '( Approv Per!od _ . UII-1"OTAL. 3195. 46 STATE FL - TAX. 209.73 00 .00 SALES TAX 209.73 6.00%. .60% .00% TOTAL. 3705. 19 RECEIVED.sublert to the claasillcallona and Itrdh In effect on In.dale of the Issue of this Bill of Lading.Ine property described above In apparent good order.e.Csp1 as noted Iconlents and comlIiOna At contents al packages unknown).marked.Conergned,and destined as indicated above which said carrier(the word carrier being understood throughout this contract a.meaning any parson or corporation in poesass(on of RECEIVED the property under Ina contract)agrees to carry to its usual place of delivery al said destination.It on III route.gnerwiae to deliver to anther Carrier on cans mule to said deallnal.On.II la mutually agreed as to each carrier 01 all or any Al said property over all or any porton Al said route IO destination and as to ea n parry at any lime intsresadin allot any aerdprOp any.Met.vary.ervlcelobe performed her.under snail be aublect NOTE:To obtain allowance for shortage Or damage customer must adviee!nipper to so the 5,11 of lading t aims and conditions in In.governing classification on the it.,.or shipment. within 5 days of receipt of malarial.Customer nal absOtulely no permission to retabricale Shipper flersoy certifies teal he etern dist wooed the bill of lading terms and conditions mine governing ctssvl'cation and the said terms and malenel which will result in a back charge to shipper without written consent of shipper. conditions at.hereby agreed to by IM shipper and accepted for himself and his a.eigns. ErfiC SUCA PIPE SUPPLY, INC. SEP 0 5 1995 �1 P. O. Box 272482 19 8 3 Tampa, FL 33688-2482 WHARTON-SMITH, INC. (813) 874-9807 • Fax (813) 879-0381 SHIPPED TO p WHARTON-SMITH -1 PCAPE CANAVERAL WWTP 7 P.O. BOX 471028 600 TOWER BLVD LAKE MONROE, FLA. 32747 CAPE CANAVERAL, FL. L J L_ INVOICE DATE DATE SI-TIPPED OUR ORDER NO. YOUR ORDER NO. TERMS F 13 • SALESPERSON SHIPPED VIA j 08/22/95 08/22/95 NET 30 JOBSITE SLM CC C' QUANTITY QUANTITY DESCRIPTION PRICE AMOUNT ORDERED SHIPPED c a 455 FT. 8" SDR35 PVC SEWER PIPE GREEN . 2.43 1105.65 299 FT. 6" SDR35 PVC SEWER PIPE GREEN 1.42 424.58 3 EA. 8" X 6" SEWER WYE GXG 16.32 48.96 2 EA j8" SEWER WYE GXG 30.09 60.18 1 EA 6" SEWER WYW GXG 12.24 12.24 3 EA 6" X 4" SEWER WYE GXG 10.20 30.60 2 EA 8" X8" D.I. X PVC FLEX CPLG 21.32 42.64 4 EA 6" X6" D.I. X PVC FLEX CPLG 11.82 47.28 1 EA 4" X4" D.I. X PVC FLEX CPLG 5.20 5.20 2 EA GALLON OF LUBRICANT �_ L, 2c.i�j0 00.00 00.00 1 11- SEMSCO INV//369904 SUB-TOTAL 1777.33 TAX Eetatsd 106.64 TOTAL CODE GI Na. 1883.97 JOE FAQ 'PHASE ACT1JI17 i MC Po COPIES: . 44 ?CFII/ Omea t. rttlinaa. Peeing. 6ackchp ia:Prorate ArnL D.M.tc to; Nal PpAatt. D: e�APror6d Period I FORM 14473. RAPIOFORMS.INC.'.TO REORDER CALL 800-257.8354 FAX 80-5:8113 R3,-,2 THANK YOU Ellis K. Phelps & Co. INVOICE NO. SAS & Quality Controls 022280 2152 SPRINT BLVD 5681 DIVISION OR. 1100 53RD COURT SOUTH 124 AIRPORT PARK DRIVE PAGE 1 APOPKA.FL 32703 PO.BOX 051008 MANGONIA PARK SAVANNAH.GA 31408 (407)880.2900 FORT MYERS.FL 33905 WEST PALM BEACH,FL 33407 (912)968-1577 DATE FAX(407)880-2962 (813)693-5228 (407)848-1200 FAX(912)966-1579 FAX(813)693-1485 FAX(407)848-1299 & c _ =g‘,., \: ''-, I 5 _ a VF '°39.;3 ss 723 H 019597 L• WHARTON—SMITH INC AUG 3J- 1995 1 WHARTON—SMITH INC D P. O. BOX 471028 P CAPE CANAVERAL WWTP oT LAKE MONROE, FL 32747 �'IHARr°11-SN1lCH,MC• 0 600 TOWER BLVD CAPE CANAVERAL FL 52920 REFERENCE NUMBER SHIP DATE SALESPERSON TERMS TAX CODE DOC.NO. W/H FREIGHT SHIP VIA 251246 08/25/95 JAG JUAN CITAR ET 30 FLSEM_ 020080 01 PREPAID DIREST ITEM DESCRIPTION ORDERED SHIPPED BACK ORDER U/M PRICE PER EXTENSION CAPE CANAVERAL WWTP IMPRIVEMNT INTERMEDIATE PS CP0831274111034 8" CP3127/411 Flygt pump 5 0 5 EA 10HP 3/60/460 volt PP10/7MC40 40' of 10/7 cable 5 0 5 EA DCCP control panel 1 0 1 EA PPSSABD 5/4"x8-1/2" expansion 20 0 20 EA anchor 304SS HA2UGB 2" upper guide bracket 5 0 5 EA 304SS HACBHO cable holder 304SS 5 0 5 EA TS123042 12' x2" guide rail 304SS 10 0 10 EA FW1SS15B 15' x1/4" lift cable 304S 5 0 5 EA PPSTUP One trip startup service 2 0 2 EA PPELO6A 6x8 discharge connection 5 0 5 EA USC US FOUNDRY COVER 5 0 EA 50x52 APS Entered —'7GL At.L141)=4— fG — 0. 1 Tom` 116)rF'0 25 6 "_os • CODE �J / �Z/ Lti• �/ 1/179-500 2 CCFIES; TAG 1 Iu.:;E ACTY uEsc PUFne GTossAmt, 3.110 TietaIns s II rlsinsge V 1_sUrnsto C1/oogt:t — BJcic:hp to:PtoratsAntt: - • — D.M.tto: � Ne PsyArsL DR" --- is A ppm— AmmilIMUgliall MERCHANDISE MISCELLANEOUS DISCOUNT TA FREIGHT TOTAL DUE i SUPPLY NET MEMBER DISTRIBUTOR 2050. 00 . 017, . 00 123. 0e, . 00 2173. 00 REMIT TO: 2152 SPRINT BLVD; APOPKA, FL 32703 ORIGINAL INVOICE FLORIDA TODAY Published Daily STATE OF FLORIDA ADk760384-10/25,2001 COUNTY OF BREVARD STATE OF FLORIDA DEPARTMENT OF ENVI- RONMENTAL PROTECTION NOTICE OF DRAFT PERMIT The Department of Environ- mental Protection gives notice of its preparation of a draft per- Before the undersigned authority personally appeared MAUREEN FARR who on mit for the City of Cape Ca- naveral (P.O. Box 326, Cape Canaveral,FL 32920)to operate thoath says that she is LEGAL ADVERTISING CLERK ter treatment faciliexisting 1.8 ty with a dis- charge to a public access reuse irrigation system and an outfall of the FLORIDA TODAY , a newspaper published in Brevard County, Florida;that to the Banana River.The De- partment has considered the ef- fects of reclaimed water the attached copy of advertising being a LEGAL NOTICE discharged to ground water and surface water and has assigned a File Number (AD#760384-$197.30) the matter of FL0020541-002-DW1P to the Prosect. Any interested person may CITY OF CAPE CANAVERAL submit draft written nt of e comments Depart- ment or may submit a written in the Court request for a public meeting to Gerald Chancellor, P.E., Pro- gram Manager, Domestic D.E.P.DRAFT PERMIT NOTICE Waste, 33t9 Maguire Boule- vard, Suite 232, Orlando, FL 32803, in accordance with rule 62-620.555 of the Florida Admin- istrative Code. The comments or request for a public meeting was published in the FLORIDA TODAY NEWSPAPER forth containllthe mustaben re- ceived in the Central District Of- fice within 30 days of publication in the issues of OCTOBER 25,2001 of this notice.Failure to submit comments or request a public meeting within this time period titir Affiant further says that the said FLORIDA TODAY NEWSPAPER shall constitute a waiver of any right such person emay have to submit comments or request a pubc is a newspaper in said Brevard County, Florida, and that the said newspaper has 62-620.555.meeting under rule The comments or request for a public meeting must contain heretofore been continuously published in said Brevard County, Florida, regularly as the following information: (a)The commenter's name, aptlress and telephone number, stated above, and has been entered as periodicals matter at the post office in the applicants name and ad- dress, the Department Permit File Number and the county in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding which the protect is proposed; (b)A statement of how and when notice of the Department the first publication of the attached copy of advertisement; and affiant further says that action or proposed action was received; (c) A statement of the facts she has neither paid nor promised any person, firm or corporation any discount, rebate, the Department should consider in making the final decision; (d) A statement of which commission or refund for the purpose of securing this advertisement for publication in rules or statutes require rever- sal or modification of the De- partment action or proposed said newspaper. action;and /' ( )If desired,eia request that a - ,v/,{i public meeting be scheduled in- cluding a statement of the na- ture of the issues proposed to be (Signature of Affiant) raised at the meeting.However, the Department may not al- ways grant a request for a pub- Sworn to and subscribed before this this 25 DAY OF OCTOBER, 2001 tic meeting. Therefore, written comments should be submitted within 30 days of publication of W. this notice, even if a public meeting is requested. If a public meeting is sched- ---- uled the public comment period tPpY A4 EiFFjGIAl h�qY SF�+�- is extended until the close of the (� �� SQA L public meeting. If a public ,. esnowq (Signature of Notary Public) meeting is held any person may 11 r C0MMm9�'I submit oral or written state- rON NUMBER ments and data at the meeting 'Y ""' 00015812 on the Department proposed action.As a Aificant 8' ? ,4% MY COMMISSION EXPIRES publiccommentlt the of Depart- �F FLS MAY 4,2005 LINDA L. BRAUD ment final action may be differ- _ (Name of Notary Typed,Printed or Stamped) ent from the position taken by itin this draft permit. cz.......„ The permit application file and supporting data are avail- able for public inspection during Personally Known or Produced Identification normal business hours, 8:00 a.m. to 5:00 P.m., Monday through Friday, except legal holidays,at the Department of Type Identification Produced Environmental Protection,3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803, Tele- phone Number(407)894-7555. STANDARD PURCHASE REQUISITION FORM FOR USE WITH DEPARTMENTAL PURCHASING CARD Control Number: A 7.3(c _ DATE: October 30 , 2001 Account Number: 401-10-535 . 5410 Issuing Bank: Nation '.s Bank Visa P.O. Box 85580 Louisville, KY 40285-5520 Florida Today P .o. Box 411 Vendor: 59 Melbourne , FL 32941-1059 Quantity Description of Good, Product or Service Unit Price Amount Legal ad State of Flori-da DEP Notice of Draft Permit: AD#760384 October 253 2001 Issue $1q7 �n f • Tax Exemption Number: 15-02-048901-54C 0 \mount of Discount Received: Requested Department City - 011 City Purchasin By: Head l Treasur: ,v Manager's Agent's Approval: ' Ln � L`.— Approval: Approval: Approval " FLORIDA TODAY Lot, Adg810183-12/23/2006 Published Daily STATE OF FLORIDA DEPARTMENT OF[ENVIRON- MENTAL PROTECTION NOTICE OF DRAFT PERMIT AND REQUEST FOR PUBLIC COMMENT STATE OF FLORIDA The Department of Environ- mental Protection gives notice COUNTY OF BREVARD of its preparation of a draft permit to the City of Cape Ca- naveral, (601 Thurm Boule- vard, Cape Canaveral, FL ard, 32920) to operate the existing 1.80 MGD Bardenpho Process Before the undersigned authority personally appeared MAUREEN FARR who on domestic ulev Bowastewater treat- ment facility (located at 601 Thurm Cape Ca- oath says that she is LEGAL ADVERTISING CLERK naveral, FL 32920) that pro- vides advanced wastewater treatment.,including 1.45 MGD of the public access reuse system FLORIDA TODAY, a newspaper published in Brevard County, Florida; and a existing discharge to the Banana River(Class III marine waters).The Department has that the attached copy of advertising being a LEGAL NOTICE I considered the effects of re- claimed water discharged to groundwater and surface wa- (AD#8 1 01 83-$179.57) in the matter of ter anhas Number FL0020541-00044-DW11P to the project. CITY OF CAPE CANAVERALsubmit Interested personwritten tsmay n the draft permit of the Depart- ment or may submit a written in the Court request for a public meeting tc Christianne C. Ferraro, P.E., Program Administrator,Water DEP NOTICE Facilities,3319 Maguire Boule- vard, Suite 232, Orlando, FL 32803,in accordance with rule 62-620.555 of the Florida Ad- ministrative Code. The com- ments or request for a public waSublished in the FLORIDA TODAY meeting must contain the in- f ormation set forth p ow and must be received in the Central District Office within 30 days of in the issues of DECEMBER 23, 2006 publication of this notice.Fail- ure to submit comments or re- quest a public meeting within affiant further says that the said FLORIDA TODAY this time period shall constitute a waiver f any right such per- nmay have submit com- , ments or request a public is a newspaper in said Brevard County, Florida, and that the said newspaper has meeting under rule 62-620.555. The comments or request for a public meeting must contain heretofore been continuously published in said Brevard County, Florida, regularly as the following information: (a)The commenter's name, address, and telephone num- stated above, and has been entered as periodicals matter at the post office in bet,the applicant's name and address,the Department Per- mit File Number and the coun- MELBOURNE in said Brevard County, Florida, for a period of one year next preceding ty in posed Which the project is pro- (b)A statement of how and the first publication of the attached copy of advertisement; and affiant further says that when notice of the Department action or proposed action was received; (c)A statement of the facts she has neither paid nor promised any person, firm or corporation any discount, rebate, the Department should consid- er in making the final decision; (d) A statement of which commission or refund for the purpose of securing this advertisement for publication in rules or statutes require rever- sal or modification of the De- partment action or proposed said newspaper. action;and qin_OLULLUn (e)If desired,a request that a public meeting be scheduled bgAJD including a statement of the nature of the issues proposed to (Signature of Affiant) be raised at the meeting.How- ever,the Department may not always grant a request for a Sworn to and subscribed before this 23RD DAY OF DECEMBER,2006 public meeting. Therefore, olii itllll// written comments should be \i�\‘` L.BRA 44.-- _ submitted ubl cation ofithin 30 th s notice,ys of even \\\\�\.....•... Q yi�r it a public meeting is request- t. ` :.�a\SSIONFrA. /1., ed. 6 Acukt, If a public meeting is sched- a . �e ay 4,20 /9: ' uled the public comment peri- .A. �` 9 F' od is extended until the close of c..P *d (Signature of Notary Public) the public meeting.If a public =*. : a.••• :=,- meeting is held any person may submit oral or written Z• #DD 422930 p zz statements and data at the „O , y. $ meeting on the Department i .. 6/ BondedtN,�.��.'�OQ� proposed action.As a result of -�9'9{-'•}Pu5[ic Undo Q.�.` LINDA L. BRAUD Departmenuubliial c comment may `,��OSA��8iiC�STA1 .•,O,`` (Name of Notary Typed, Printed or Stamped) to different tthe position taken by it in this draft permit. ����+!"litttt ,,, and Thespermi t appli alicaatire nvfil able for public inspection dur- Personally Known or Produced Identification ing normal business hours,8:00 a.m, 5:00p.m., Monday Type Identification Produced throughh Friday, except legal holidays,at the Department of Environmental Protection,3319 Maguire Boulevard,Suite 231, Orlando, Florida, 32803, Tele- phone Number(407)894-7555. '`FLORIDA TODAY AD#82„54_„27,2007 STATE OF FLORIDA j DEPARTMENT OF ENVIRON- ( MENTAL PROTECTION NOTICE OF INTENT TO ISSUE PERMIT The Department of Environ- , Published Daily mental Protection gives notice of its intent to issue a permit to the ; City of Cape Canaveral, (601 • Thurm Boulevard, Cape Ca- naveral,FL 32920)to operate the existing 1.80 MGD Bardenpho Process domestic wastewater STATE OF FLORIDA treatment facility(located at 601 Thurm Boulevard, Cape Ca- naveral,FL 32920)that provides COUNTY OF BREVARD advanced wastewater treatment, including 1.45 MGD public access reuse system and a existing dis- charge to the Banana River (Class III marine waters). The Before the undersigned authority personally appeared MAUREEN FARR who on Department has considered the -- - effects of reclaimed water dis- charged to groundwater and sur- oath says that she is LEGAL ADVERTISING CLERK face water and has assigned FileNumber y 1 P. The Department will4 issue the of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; permit with the attached condi- tions unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57 that the attached copyof advertisingbeinga LEGAL NOTICE of the Florida Statutes before the deadline for filing a petition.The procedures for petitioning for a (AD#821154-$247.68) in the matter of hearing are set forth below.Apersonwhosesubstantialinter- ests are affected by the Depart- ment's proposed permitting deci- CITY OF CAPE CANAVERAL sion may petition for an ad- ministrative proceeding (hear- ing) under sections 120.569 and The Court 12057 of the Florida Statutes.The petition must contain the infor- 1 mation set forth below and be NOTICE OF INTENT TO ISSUE PERMIT filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Com- monwealth Boulevard,Mail Sta- tion 35, Tallahassee, Florida 32399-3000. was published in the FLORIDA TODAY Petitions by the applicant or any of the parties listed below must be filed within fourteen days of receipt of this written notice.Peti- tions filed by any persons other in the issues of JANUARY 27, 2007 than those entitled to written no- tice under section 120.60(3)of the Florida Statutes must be filed affiant further says that the said FLORIDA TODAY within fourteen days of publica- _ drececeipt towithin four- teen Teen days of rof the written is a newspaper itionf the notice n said Brevard County, Florida, and that the said newspaper has wap ejp)oUn r 3the Florida Statutes, however, any person whosked heretofore been continuously published in said Brevard County, Florida, regularly as partment forhas notice of'aggenDyy action may file a petition within fourteen days of receipt of such stated above, and has been entered as periodicals matter at the post office in notice,regardless of the date of publication. TMELBOURNE in said Brevard County, Florida, for a period of one year next preceding of petitioner shall mail a copy at of the petition to the applicant at the address indicated above at the time of filing.The failure of the first publication of the attached copy of advertisement; and affiant further says that ate app onrtoffl a e tpeond shalln n 1 constitute a waiver of that per- she has neither paid nor promised any person, firm or corporation any discount, rebate, son's right to request an admin- istrative determination(hearing) under sections 120.569 and 120.57 commission or refund for the purpose of securingthis advertisement for publication in of the Florida Statutes.Any sub- sequent intervention (in a pro- ceeding initiated by another par- ty) will be only at the discre- said newspaper. tion of the presiding officer upon I the filing of a motion in compli- 1 7> J^/. J /?!J/� ance with rule 28-106.205 of the _t yr) Florida Administrative Code. A petition that disputes the ma- i (Signature of Affiant) tenial facts on which the Depart- ' • ment's action is based must con- tain the following information: Sworn to and subscribed before this 27TH DAY OF JANUARY, 2007 (a)The name,address and tele- phone number of each petitioner; the name, address, and tele- ,.�,��, A�'BRq"4%i, representative e, if if the any;ptitioner's the De- cation \'� ��` ........�Q / ��Z � 67.1number and the county innt permit �which e\ • c • • .1,, ••• the subject matter or activity is s ••k '' YF.:'�'. located; .:-•,\V' 4.2�09°�u l (Signature of Notary Public) (bwhen each petitioner how and and notice of the Department action; *: