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Res 1946 - Amend 4 Clean Water FundCOUNCIL BILL NO. 2797 RESOLUTION NO. 1946 A RESOLUTION ENTERING INTO AMENDMENT NUMBER 4 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 4 to Clean Water State Revolving Fund Loan Agreement No. R98413 modifying the amount of the loan, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Amendment Number 4 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 4 to Clean Water State Revolving Fund Loan Agreement No. R98413 on behalf of the City. Approved as to form: City Attorney Dat Page 1 COUNCIL BILL NO. 2797 RESOLUTION NO. 1946 APPROVE Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Attest: rp--V� Mary T61ant, Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. 2797 RESOLUTION NO. 1946 July 27, 2009 July 30, 2009 July 30, 2009 July 30, 2009 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND CLEAN NATER STATE REVOLVING FUND LOAN AGREEMENT. NO, R98413 AMENDMENT No. 4 CITY OF WOODBURN This Amendment No. 4 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 the Loan by $100,000 Date of Original Agreement: July 19, 2007. Effective Date of Amendment No. 1: August 10, 1007. Effective Date of Amendment No. 2: December 7, 2007. Effective Date of Amendment No. 3: December 26, 2008. Effective Date of Amendment No. 4: July 17, 2009. The parties agree as follows: 1. ARTICLE 1(C) is amended and restated as follows: "(C) LoAN AMOUNT: $700,000." 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 $72,549." 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. PAGE 1 CITY OF WOODBURN: R98413 LOAN AGREEMENT AMENDMENT 44 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND BORROWER: CITY OF WOODBURN m1b Date: Typed Name: Title: STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY Date: Neil Mullane, Water Quality Administrator PAGE 2 CITY OF WOODBURN: R98413 LOAN AGREEMENT AMENDMENT #4 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND APPENDIX A: REPAYMENT SCHEDULE BORROWER: City of Woodburn ANNUAL INTEREST RATE 1.10% SRF LOAN NO.: R98413 TERM IN YEARS: 5 LOAN AMOUNT: $ 7001000 PAYMENT AMOUNT: $ 79,932 LOAN FEE: 0.0%1 LANNUAL FEE: 0.0% Due ------------------- PAYMENT ---------------- Principal Date Pmt# Principal Interest Fees Total Balance 7001000 12/1/2009 1 0 6,100 0 6,100 7001000 6/1/2010 2 761082 31850 0 791932 6231918 12/1/2010 3 76,500 31432 0 791932 5471418 6/1/2011 4 76,921 3,011 0 791932 470,497 12/1/2011 5 77,344 21588 0 79,932 393,153 6/1/2012 6 771770 21162 0 791932 3153383 12/1/2012 7 78,197 11735 0 79,932 2371186 6/1/2013 8 781627 11305 0 791932 1581559 12/1/2013 9 791060 872 0 79,932 791499 6/1/2014 10 79,499 437 0 79,936 0 TOTALS 700,000 251492 0 725,492 REQUIRED LOAN RESERVE: $ 72,549 PAGE 3 CITY OF WOODBURN: R98413 LOAN AGREEMENT AMENDMENT #4