HomeMy WebLinkAbout111 91
0°3 '. P Lù II. 1~4l \
UStA-FmHA
Fonn FmHA 1942-47
(Rev. 1-90)
(
(
Position 5
FORM APPROVED
OMB NO, 0575.0015
LOAN RESOLUTION NO.
(Public Bodies)
111-91
A RESOLUTION OF THE
Board of County Commissioners
OF THE County of Jefferson
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
Courthouse (Phase IV)
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
Board of Commissioners
WHEREAS, it is necessary for the
(Public Body)
(herein after ca1led Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
$ 740,000.00
pursuant to the provisions of RC1rJ.7I ,L/;( ~O ; and
WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri-
culture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfu1ly issued, in the event
that no other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE. in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such
items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it sha1l appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at reasonable rates and tenns for loans for similar purposes and periods
of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
To provide for, execute, and comply with Fonn FmHA 400-4, "Assurance Agreement," and Fonn FmHA 400-1, "Equal
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of $10,000.
To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification sha1l be payable from the same source of funds pledged to pay the bonds or any other legal per-
missible source.
That upon default in the payments of any principal and accrued interest on the bonds or in the perfonnance of any cov-
enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Governnment at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay-
able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other
lega1ly pennissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and
such other reasonable ðpenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility,
repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instrument
held by the Government and executed or assumed by the Association, and default under any such instrument may be
construed by the Government to constitute default hereunder.
Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therem, or permit others
to do so without tnI' orior written consent of the Government.
Not to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged to pay the bonds.
To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be
deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed
by the fu1l faith and credit of the United States. Any income from these accoun ts will be considered as revenues of the
system.
To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used
to pay any expenses which are not directly inCUrred, for the,_,f?,ç,ility finan,h,' by FmHA. N, 0, free service or use of the
facility will be permitted. :( ".1 ..' -. "'3.r: ":
': . :.; , , -L...l. t""
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions
8f!arch(ng ex(sting data soEfrces, Ilathering and maintainin//. the dat"! neede.d, and c,?mpl!,ting a,nd reviewiryg the collection of information. Send comments
regardlnll thIs burden estl11}ate or any other aspect of this c.ollectlOn of informatIOn, including s!,ggestlons for reducing this burden, to Department of
Agrlcultun.:. Clearance OffIcer, OIRM, Room 404.W, Washington, D.C. 20250; ana to the Office of Management and Budget Paperwork Reduction
Project (OmB No. 0575.0015), Washington, D.C. 20503. '
2.
3.
4.
5.
6.
7.
8.
9.
II.
12.
To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to
provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit
without its request, and to forward to the Government such additional information and reports as it may from time to
time require.
To provide the Government at all reasonable times access to all books and records relating to the facility and access to
the property of the system so that the Government may ascertain that the Association is complying with the provisions
hereof and of the instruments incident to the making or insuring of the loan.
That if the Government requires that a reserve account be established and maintained, disbursements from that account
may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior
written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.
(b) Repairing or replacing short-lived assets.
(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has
reached the required funded level.
To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain
FmHA's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which
are feasible and legal, such person shall have a direct right of action against the Association or public body.
To comply with the 'measures identified in the Government's environmental impact analysis for this facility for the pur-
pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
13.
14.
15.
16.
17.
To accept a grant in an amount not to exceed $
n/a
under the tenus offered by the Government; that the
and of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the tenus offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or
insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific
detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance
should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the
Association and the Government or assignee
The vote was:
Yeas
2
Nays
0
1
Absent
Board of Commissioners
of the
IN WITNESS WHEREOF, the
Jefferson County
has duly adopted this resolution and caused it
1 ~ day of November
~~~.~~:.~
Larry W. Dennison
By
91
,19_.
to be executed by the officers below in duplicate on this
(SEAL)
Title
Title
Chairman, Jefferson County Board
of Commissioners
Cl~rk Or rhø ~n~rñ
.II-
i I 'H~
a- I r ,....'
Ar1
UL~
13'" .'"
.:.l.~
~
{
G
UNITED STATES
DEPARTItENT OF
AGRICULTURE
Faners
Hote
Ad.inistration
Room 319 Federal Building
P.o. Box 2427
Wenatchee, WA 98807-2427
Tele: <509) 662-3202
November
I, 1991
SUPPLEMENTAL LETTER OF CONDITIONS
Jefferson County Board of Commissioners
P. O. Box 1220
Port Townsend, WA 98368
Dear Members of the Board of Commissioners:
Sub jec t:
Subsequent Loan for Courthouse Repair
This letter amends and supplements our previous Letters of Conditions
dated August 12, 1991 and May 18, 1990. It establishes conditions
which must be understood and agreed to before further consideration may
be given to the application. Any changes in project costs, source of
funds, scope of services, or any other significant changes in the
project or applicant must be reported to and approved by the Farmers
Home Administration (FmHA) by written amendment to this letter. Any
changes not approved by FmHA shall be cause for discontinuing
processing of the application.
The docket may be completed on the basis of a loan not to exceed a
total of $740,000 [original loan of $360,000 and subsequent loan of
$380 , 000 J .
Please complete and return the attached Form FmHA 442-46, "Letter of'
Intent to Meet Conditions", along with the following completed forms if
you desire that further consideration be given your application:
FmHA 1940-1
FmHA 1942-47
AD-1048,
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction," from any person
or entity you do business with as a result of this Government
assistance that they are not debarred or suspended f'rom Government
assistance.
Request for Obligation of Funds
Loan Resolution
SECURITY
The loan will be secured by general obligation bonds in the amount of
$740,000.
It will be necessary for the Treasurer to establish a separate
identif'iable debt service account.
*
F7"mHA
Farters Hole Ad.inistration is an Equal Opportunity lender,
Co.plaints of discritination should be sent to:
Secretary of Agriculture, Washington, D,C, 20250 '10;-
-". .-","-
.-;0' r~ 3 -
1.' .' ..: ... .1 "'. -"'-Il ...L..¡I
'. i tAl.; d
G
IT all conditions set Torth in this letter are not met within 120 days
Trom the date hereoT, Farmers Home Administration reserves the right to
discontinue the processing oT the application. In addition, it is
expected that project construction will start within six months Tram
the date aT loan approval in order Tor FmHA to retain the obligation.
IT FmHA makes the loan, you may make a written request that the
interest rate be the lower aT the rate in eTTect at the time aT loan
approval or the time aT loan closing. IT you do not request the lower
aT the two interest rates, the interest rate charged will be the rate
in eTTect at the time aT loan approval. The loan will be considered
approved on the date a signed copy OT Form FmHA 1940-1, "Request Tor
Obligation aT Funds", is mailed to you. IT you want the lower aT the
two rates, your written request should be submitted to FmHA as soon as
practical. In order to avoid possible delays in loan closing, such a
request should ordinarily be submitted at least 30 calendar days beTore
loan closing.
All other conditions outlined in the previous Letters aT Conditions
dated August 12, 1991 and May 18, 1990 still apply.
Sincerely,
???~
?~~
MARTIN E. WOLD
ChieT, Community and Business Programs
Attachment (Statement aT Interest Rate PreTerence)
cc:
State Director (C&BP Division)
County Supervisor, Port Angeles
OfTice aT General Counsel, Portland, OR
'dO_.
1'"7 'Ar~ 00 181b A
! 1,-,
. ,
úlfl\
W
STATEMENT OF INTEREST RATE PREFERENCE
CHECK ONE STATEMENT ONLY:
X I realize that because oT recently passed legislation, I can elect
to have the interest rate charged by FmHA to be the lower of the rate
in eTTect at either the time of loan approval or loan closing. I do
so.
---- I do not choose to have the interest rate charged by FmHA to be
the lower OT the rate in eTTect at either the time oT loan approval or
loan closing. I realize that the interest rate will thereTore be the
rate in efTect at the time OT loan approval.
Date
..
11/12/91
--------------------
igna 0 Applicant/Borrower
(or Au orized Representative
iT an Entity is involved)
.Ii .....! . AT ~ ("f"~.,
1.! ',.' U'...."
1.3í~Ji¡
(
\
CERTIFICATION APPROVAL
For All Farmer Programs
EM, aL, FO, and SW Loans
This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from
the date of approval on this document, the approval official will request updated eligibility information. The under-
signed loan applicant agrees that the approval official will have 14 working days to review any updated information
prior to submitting this document for obligation of funds. If there have been significant change~ that would affect
eligibility a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the
necessary information.
If this is a loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the
IS-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
completing title work and completing loan closing.
41.
COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
42.
I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable
rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community
for loans for similar purposes and periods of time. I agree to use, subject to and in accordance with regulations
applicable to the type of assistance indicated above, and request payment of the sum specified herein. I agree to report
to FmH A any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part
of said sum has been received. I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
(For SFH & FP loans at eligible terms only) If this loan is approved, I elect the interest rate to bc charged on my
FmHA loan to be the lower of the interest rate in effect at the time ofloan approva! or loan closing. If I check "NO",
the intere~'t rate charged on my loan will be the rate specified in Item 26 of this form. _YES _NO
WARNING:.
SECTION 1001 of Title 18, United States Code provides: "Whoever, in any matterv.ithin the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals or covers up...a mate~ial
fact or makes any false, fictitious or fraut:ulent statements or representations, or make~ or uses any false
writing or document knowing the same to contain ar. false, fictitious or fraudulent statement or entry, shal; be
fined not more than $10,000 or Imprisoned not
Date
,19__-
Date
,19-
(Signature of Co-Applicant)
43.
I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by
Farmers Home Administration regulations prerequisite to providing assistance ofthe type indicated above have been
made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied
with. I her~by approve the above-described assistallce in the amount set forth above, and by this document, subject to
the availability of funds, the Government agrees to advance such amount to the applicant for the purposes of and
subject to conditions prescribed by Farmers Home Administration regulations applicable to this type of assistance.
(Signature of Approving OjJìcia/)
Date Approved:
Title:
44.
TO THE APPLICANT: As of this date , this is notice that your application for the above financial
assistance from the Farmers Home Administration has been approved, as indicated above, subject to the availability
of funds and ot~er conditions required by the Farmers Home Admi~i~ation. If~~.... have ~ny ~u..;sitions contact the
County Supervisor. -'I I 'H; UU 13.:.. :...,
"lOLL t", .
U~UM..r mnM.
Form FmHA 1940-1
(Rev. 3-91)
REQUEST FOR OBLIGATION OF FUNDS
LOAN NUMBER
3. NUMBER NAME FIELDS
':""""""""""""'({"'ii"'{'/:"""""'"
, ,'..,..,
9. VETERAN CODE
14. INTEREST CREDIT
12. TYPE OF PAYMENT
13. FEE INSPECTION
15. COMMUNITY SIZE
16. DWELLING TYPE/USE OF FUNDS CODE
(See FM!)
::..".",:,:""""""",..".... """", ::.. ,.."...."..::ii::::::::if&9M~@îi:t§ii~,'~JJ.;11.~.tOOIÞ,,}:ff:/....
17. TYPE OF ASSISTANCE 18. PURPOSE CODE 19. SOURCE OF FUNDS
..................,
,..,...."..,..,.."
......,........,..'
.. ,............,....'
............,..,..
..,.. ....,..,.........., ..
"..""..'" '" "'" ,',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',','..,,',',',
..",..,..",.."",....,...."",....,.."
.., ....,..,..,..............'
,.. ,....,
20. TYPE OF ACTION
0
21. TYPE OF SUBMISSION
2
22. AMOUNT OF LOAN
23. AMOUNT OF GRANT
1 = Initial
2 = Subsequent
24. AMOUNT OF
IMMEDIATE ADVANCE
MO
DA
YR
........' .... ...., """"""""
("!c)
""'" """",:,:ÞR~~êii:§,ij9.,*-:f.ii.MtijpØ$.mt:Þ.w?(i:i:m\,:"",:,:~,""""'::::"'::' "',' ," ;':::'r:::::::t:m:::::::::::::;¡¡:::::f\:r::'i:::
28. INCOME CATAGORY CODES
29. LOW INCOME LIMIT- MAX.
30. ADJUSTED FAMILY INCOME
31. R.E. INSURANCE
32. R.E. TAXES
181 Year
33. R.E. TAXES
2nd Year
34. NOTE INSTALLMENT
INELIGIBLE
35. TYPE OF UNIT
1 = Farm Tract
2 = Non-Farm Tract
,.." ......~,:_....",..,..:llir,çq..f:Rij:Çþ"~ijm.rtMP9.M'(MRiÇt~t%~t:f~MjJ)jmt~*.!ø':"Þ9~m~:P?~~,) .. ..",',:""
36. TYPE OF APPLICANT 37. PROFIT TYPE
....
,...., ......
j i::: if:: j;gMf!¥.!!: Nm @ij ~m!t::~! tw.#.~ í1': tJ ØH.;: ØH. t. Wi: i: ::i: m::m:::t,
39. TYPE OF SALE
4
¡¡: r:::: r:}\::::::::; :if:::::: i ,:::::::: f i:::: 9PtiWU@ij:t ftg,M MMij~ 9, Mii i/ m f'
38. DISASTER DESIGNATION NUMBER
(See FM!)
¡:::::::::\m::::m::fmm::::::mm:¡::::::::::¡t\m:/fl~ä.~)'M;~:~Þ.~Nt:::::::'::":',', ,," ,:;Ut;::;:;::::\:
40. OBLIGATION DATE
MO DA YR
If the decision contained above in this form results in denial, reduction or cancellation of FmH A assistance, you may appeal this dccision and
have a hearing or you may request a review in licu of a hearing, Please use the form we have included for this purpose,
OrnGi!./J- - Borrower's Case Fo!~ê'r Position 2 FmHA 1940-1 (Rev, 3-91)
(
\':O!-
1 ""/ ""-
,1; '",'
Of)
. ".L~
~3:.l,~
.
.'
~
FORM APPROVED
OMB NO. 0575-0015
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
Fonn FmHA 1942-46
(Rev.9-89)
LETTER OF INTENT TO MEET CONDITIONS
Date November 12, 1991
TO:
Farmers Home Administration
United States Department of Agriculture
P.O. Box 2426
Olympia, WA 98507
(County Office Address)
We have reviewed and understand the conditions set forth in your letter dated Nov. 1, 1991
It is our intent to meet all of them not later than Sept. 1. 1992
projected completion date for the project)
(which is the
Jefferson County
::~¡çi:~:=::i::::S
(Title)
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the timp for reviewing in-
structions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of in-
formation. Send comments regarding this burden estimate or any other aspect of this collpction of information, including suggestions for
¡:¡~~~~~r,,~~it a~':J'if::di:'t.D¡:va;:::';r'l/ ¡¡!l:,~~}~~It¡:;f/;/~cg'lJ'¡¡"N~.f~~ef¡/ðÕ~M: tJ'd.'t,Tnit~~:~X~"tJ'ò~ton, D.C. 20250; and to the Office of
1""',' ,H..~
, ,.,<
Otl
13~G
FmHA 1942-46 (Rev. 9-89)
. ,
u.s. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part IV of the January 30, 1989, Federal Register (pages
4722.4733). Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLETING CERTIFICATION,
READ
INSTRUCTIONS ON
REVERSE)
(1 )
The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a)
are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b)
have not within a three-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c)
are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
(d)
have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or
defaul t.
(2)
Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Jefferson County
CRa 940
Organization Name
PR/Award Number or Project Name
Larry Dennison
Chairman - Board of County Commissioners
Name and Title of Authorized Representative
November
12 ,
1991
Date
\;{'11
1"""
t' '.' r.t-
- ~ ~\.,
'0..,11",.,0"
'" '
\..:"
)-1047 (2/89)
'1. 3~"1'"
-. 1"\0........
(
(
.3.
CERTIFICATION TO BE EXECUTED AT LOAN CLOSING
I, the undersigned, as
of the
hereby certify that the
of such Association is composed of
members, of whom
, constituting a quorum, were present at a meeting thereof duly called and
held on the
day of
, 19 -; and that the foregoing resolution was adopted at such meeting
by the vote shown above. I further certify that as of
the date of closing of the loan from the Farmers Home Administration, said resolution remains in effect and has not been rescinded or
amended in any way-
Dated, this
day of
,19_-
Title
*U.S.GPO:1990-0-717-014/22842
'iOI,.
1..... 'cOd')
'. 01 " n:, '. \.~.,;
- l ' ",. .
13;"::J