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Res 1919 - Amend 3 Clean Water FundCOUNCIL BILL NO. 2760 RESOLUTION NO. 1919 A RESOLUTION ENTERING INTO AMENDMENT NUMBER 3 TO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98413 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AMENDMENT. WHEREAS, the City of Woodburn has determined that the City needs to accomplish wastewater facilities planning in order to comply with the City's National Pollution Discharge Elimination System permit, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan agreements and disburse funds pursuant to OAR 340-054-0065(2), and WHEREAS, the City of Woodburn through Resolution 1861 authorized entering into Clean Water State Revolving Fund Loan Agreement No. R98413 and for the City Administrator to sign said agreement, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality, has provided Amendment Number 3 to Clean Water State Revolving Fund Loan Agreement No. R98413 modifying loan interest rates, NOW THEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Amendment Number 3 to Clean Water State Revolving Fund Loan Agreement No. R98413 which is affixed as Attachment "A", and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Environmental Quality, to increase the amount of the loan. Section 2. That the City Administrator of the City of Woodburn is authorized to sign Amendment Number 1 to Clean Water State Revolving Fund Loan Agreement No. R98413 on behalf of the City. Approved as to form: Page 1 COUNCIL BILL NO. 2760 RESOLUTION NO. 1919 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Attest: Mary Te ant, Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. 2760 RESOLUTION NO. 1919 January 12, 2009 January 14, 2009 January 14, 2009 January 14, 2009 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND ATTACHMENT Page —�— of PAGE 1 CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R AMENDMENT No. 3 CITY OF WOODBURN This Amendment No. 3 to Loan Agreement No. R98413 (as amended "Loan Agreement") is executed between the STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY ("DEQ") and the City of Woodburn (the "Borrower"), effective as of the Effective Date of Amendment indicated below. Capitalized terms used in this Amendment which are not defined herein shall have the meanings assigned to them in the Loan Agreement. The purpose of this amendment is to increase the amount of this planning loan, at the City's request Date of Original Agreement: July 19, 2008. Effective Date of Amendment No. 1: August 10, 2008. Effective Date of Amendment No. 2: December 7, 2007. E ffective Date of Amendment No. 3: December 26, 2008. The parties agree as follows: 1. ARTICLE 1(C) is amended and restated as follows: "(C) LOAN AMOUNT: $600,000." 2. The second sentence of ARTICLE 5(C)(1) is amended and restated as follows: "Until the Final Loan Amount is calculated, the Loan Reserve Requirement is $62,272." 3. The attached "Appendix A: Repayment Schedule" replaces the current "Appendix A: Repayment Schedule". Except as expressly amended above, the terms and conditions of the Loan Agreement shall remain in full force and effect. CITY OF WOODBURN: R98413 LOAN AGREEMENT AMENDMENT #3 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY PageCHMEOf CLEAN WATER STATE REVOLVING FUND 9NT PAGE Z BORROWER: CITY OF WOODBURN Typed Name: Title: STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY M Neil Mullane, Water Quality Administrator Date: Date: CITY OF WOODBURN: R98413 LOAN AGREEMENT AMENDMENT #3 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND APPENDIX A: REPAYMENT SCHEDULE ATTACHMENT Page _a Of i BORROWER: City of Woodburn ANNUAL INTEREST RATE 1.10% SRF LOAN NO.: R98413 TERM IN YEARS: 5 LOAN AMOUNT: $ 600,000 PAYMENT AMOUNT: $ 68,513 LOAN FEE: 0.0% ANNUAL FEE: 0.0% Due ------------------- PAYMENT ---------------- Principal Date Pmt# Principal Interest Fees Total Balance 600,000 6/1/2009 1 0 6,100 0 6,100 600,000 12/1/2009 2 65,213 3,300 0 68,513 534,787 6/1/2010 3 65,572 2,941 0 68,513 469,215 12/1/2010 4 65,932 2,581 0 68,513 403,283 6/1/2011 5 66,295 2,218 0 68,513 336,988 12/1/2011 6 66,660 1,853 0 68,513 270,328 6/1/2012 7 67,026 1,487 0 68,513 203,302 12/1/2012 8 67,395 1,118 0 68,513 135,907 6/1/2013 9 67,766 747 0 68,513 68,141 12/1/2013 10 68,141 375 0 68,516 0 TOTALS 600,000 22,720 0 622,720 REQUIRED LOAN RESERVE: $ 62,272 PAGE 3 CITY OF WOODBURN: R98413 LOAN AGREEMENT AMENDMENT #3