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HomeMy WebLinkAboutState Revolving Loan Fund Augusta Richmond GA DOCUMENT NAME: S+Cc~~ ~~,-_JO\U; (L~ l-cPn FUYid DOCUMENT TYPE: C\ 0~,.f YEAR: I q C{ I BOX NUMBER: FILE NUMBER: ) :}5 ~lo 4 NUMBER OF PAGES: . , , STATE OF GEORGIA COUNTY OF FULTON CITY OF AUGUSTA CONTRACT/PROJECT NO. SRF 91-033 PROMISSORY NOTE TO STATE REVOLVING LOAN FUND FOR VALUE RECEIVED, CITY OF AUGUSTA (IILocal Governmentll) promises to pay to the order of the IIState Revolving Loan Fundll of the State of Georgia or to the subsequent holder of this note (IIFundll), the principal sum of FOUR MILLION SIX HUNDRED FIFTY THREE THOUSAND ONE HUNDRED NINETY THREE DOLLARS AND NO/100 ($4,653,193.00) much of the principal sum as may be disbursed, together with interest. The outstanding principal balance of this note shall bear interest at the rate of four and no/100 percent (4%) per annum from the date of the Authority's check for each disbursement. Interest shall be computed on a 365-day year, simple interest basis. Accrued interest only shall be due and payable on the FIRST day of APRIL, 1994 (the IIdate for commencing paymentsll). Thereafter, if the full principal amount has been disbursed, principal and interest shall be due and payable in SEVENTY NINE equal installments, in the amount of EIGHTY FOUR THOUSAND SEVEN HUNDRED SEVENTY-FIVE DOLLARS AND 83/100 ($84,775.83) each, and one final .installment in the amount of EIGHTY FOUR THOUSAND SEVEN HUNDRED SEVENTY-FIVE DOLLARS AND 33/100 ($84,775.33), commencing on the first day of the third month after the month of the date for commencing payments and continuing quarterly on the first day of each third month thereafter. 1 Pursuant only to the contract among the Georgia Environmental Facilities Authority, the Director of the Environmental Protection Division of the State of Georgia ("Director") and Local Government respecting this note, the principal loan amount may be changed or the date for commencing payments may be reset. Principal and interest shall then be due and payable in the newly stated number of equal installments commencing and continuing quarterly on the first day of each third month as provided. Authority shall determine the amount of the installment from standard loan amortization tables for level, quarterly payments over a term of years. Interest which accrues after maturity of this note or after its earlier acceleration shall be due and payable upon demand. Time is of the essence of this note. Local Government may prepay the outstanding principal balance of this promissory note in whole or in part together with any accrued interest thereon at any time without penalty or premium. All payments of principal and interest shall be made in money of the United States at the office of the Authority in Atlanta, Georgia, or at such place as the Authority may designate in writing, and shall be made in funds immediately available in Atlanta, Georgia. If Local Government fails to make any payment of principal or interest when due, or if Local Government defaults in the performance of any of the terms, covenants or conditions of any agreement or other document concerning this promissory note, including without limitation the contract executed between Authority and Local Government respecting this note, Authority may ? declare the principal of this obligation and all unpaid interest accrued on it to be due and payable immediately, without prior notice or demand to Local Government. The failure of Local Government to make any payment of principal or interest or both shall not constitute a default until fifteen days following the due date but Authority shall have no obligation to give Local Government notice of any failure to make such payments. To help defray the added expense of handling delinquent payments, Local Government agrees to pay immediately upon demand a late charge of 5% of any payment not made on or before the fifteenth day after any such payment is due, together with accrued interest. Payments shall be applied first to any late charge, then to interest, then to principal. There is no intent for any payment to exceed any legal limit on interest, if any such legal limit applies. If an excess sum occurs, it shall be applied to principal unless Local Government elects its return in writing. Any payment not made within fifteen days of the date due shall be considered a payment not pald when due within the meaning of O.C.G.A. Sec. 50-23-20, or similar provision of law, and the Authority shall notify the Director of the Fiscal Division of the Department of Administrative Services. The Director shall withhold all funds of the State and all funds administered by the State, its boards, agencies, and instrumentalities, which funds are allotted to Local Government until Local Government has paid all sums due Authority and has cured or corrected all defaults under this promissory note and any accompanying agreement or other document. 3 local Government waives presentment for payment, demand, protest, and notice of non-payment. Neither a failure to accelerate for default nor acceptance of a past due installment shall be a novation of this promissory note or a waiver of the right to insist upon strict compliance with it and with accompanying agreements and documents. Local Government shall pay all costs of collection, including but not limited to reasonable attorney's fees if Authority endeavors to collect this note in any manner through an attorney at law. The rights and remedies of Authority provided in this promissory note are cumulative and not exclusive of any other rights and remedies afforded Authority by law or by any other agreement or document. This promissory note shall be governed by and construed and interpreted in accordance with the laws of the State of Georgia. In witness whereof, Local Government has caused this promissory note to be executed under its seal as of this day of ,19 CITY OF AUGUSTA By:~<2 .!l 0_ - ~J)~-- r Printed Name: Tit 1 e: Attest': (Affix Local Government Seal) Name: ...",. . )itle: 4