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2014-127-Resolution No. 2014-029 Recorded 3/11/2014 REVIE ED f,ieedd< DESCHUTES COUNTY OFFICIAL RECORDS } LEGAL COUNSEL NANCY BLANKENSHIP, COUNTY CLERK W LVL����� COMMISSIONERS' JOURNAL 03/11/2014 09:16:21 AM I v Iu Iu iiiiIIIII I H i i 1 -1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing the Loan in the Amount of$10,000 to Alfalfa Fire District * RESOLUTION NO. 2014- 029 Pending Collection of District's (Year) Real Property Taxes * WHEREAS, Alfalfa Fire District has the authority to levy property taxes during FY 2015; and WHEREAS, collection of such taxes will not be substantially realized until on or about November 30, 2014, and WHEREAS, Alfalfa Fire District is anticipating the need for financial resources prior to the collection of such taxes; and WHEREAS, Alfalfa Fire District and Deschutes County anticipated the need for a short term loan from County to District to meet District's financial obligations prior to collection of District's FY 2015 real property taxes and, therefore, will include the anticipated loan in each their respective adopted FY 2015 budgets; now therefore, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the Deschutes County Finance Director is hereby authorized to make a loan to Alfalfa Fire District in the amount of TEN THOUSAND and NO/100 DOLLARS ($10,000.00) from the Deschutes County General Fund upon execution by parties authorized to do so on behalf of Alfalfa Fire District of a Promissory Note in the form of Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Said loan is to be repaid to the Deschutes County General Fund in accordance with the terms of the Promissory Note attached hereto as Exhibit "A". Section 3. Interest shall accrue on the loan principal at the County's estimated monthly net earnings rate, compounded monthly. Section 4: The total principal amount due and all accrued interest shall be paid on or before November 30, 2014.. PAGE 1 OF 2-RESOLUTION NO.2014-029 DATED this2 day of j BOARD OF COUNTY COMMISSIONERS 2014. OF DESCHUTES COUNTY, OREGON Iti . � , TAMMY BAN E , ANTHONY DEBONE, Vice Chair ATTEST: 09-Otitmi, 6a(A__ Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2-RESOLUTION NO.2014-029 EXHIBIT "A" Deschutes County Promissory Note Date: , 2014 Promisor: Alfalfa Fire District Attn: Rowan Hollitz, Treasurer PO Box 7942 Bend, OR 97708 Promisee: Deschutes County Attn: Wayne Lowry 1300 NW Wall Street, Ste 200 Bend, OR 97701 FOR VALUE RECEIVED, Promisor promises to pay Promisee, at Promisee's order, the principal sum of TEN THOUSAND and no/100 DOLLARS ($10,000.00). Principal, and accrued interest thereon, shall be payable in one-lump sum installment which shall be due by November 30, 2014. There is no penalty for prepayment. 1. Interest. Interest shall accrue on the loan principal at the County's estimated monthly net earnings rate, compounded monthly. 2. Disputes. With respect to any dispute relating to this agreement, or in the event that a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the U.S. Bankruptcy Code and involving issues peculiar to Federal bankruptcy law, or any action seeking a declaration of rights, is instituted to interpret or enforce this agreement or any provision of this agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorney's fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial or other proceeding or on any appeal or review, in addition to all other amounts provided by law. 3. Waivers Presentment, notice of dishonor, and protest are hereby waived by all promisors, makers, sureties, guarantors, and endorsers hereof. This note shall be the joint and several obligation of DC 2014 - 10 1 all promisors, makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assign. 4. Notices Any notice to Promisor provided for in this Note shall be given by mailing such notice by certified mail addressed to Promisor at the property address stated, or to such other address as Promisor may designate by notice to Promisee. Any notice to Promisee shall be given by mailing such notice by certified mail, return receipt requested, to Promisee at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Promisor. PROMISOR: ALFALFA RURAL FIRE DISTRICT Name Title Date Name Title Date