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Tab 21 Specimen BondUNITED STATES OF AMERICA STATE OF MONTANA FLATHEAD COUNTY CITY OF KALISPELL SPECIAL IMPROVEMENT DISTRICT NO. 345 BOND (DNRC WATER POLLUTION CONTROL STATE REVOLVING LON SERIES 2014 No. R-1 FOR VALUE RECEIVED, THE CITY OF KALISPELL, MONTANX the "City"), a duly organized municipal corporation and political sul�diviszou of -':, the State"of Montana, acknowledges itself to be specially indebted and, for valu�,recei,&d, .hereby promises to pay to the Department of Natural Resources and Conservation of'the„State bh£1Vlontiana (the "DNRC"), or its registered assigns, solely from the Special Improvement Distrcf No. 345 Fund, the principal sum equal to the sum of the amounts entered on Sch�'dule A attached hereto under "Total Amount Advanced," with interest on each s'u'"ph amount fro`n the date such amount is advanced hereunder at the rate of 2.00% ��per ar on `the unpaid balance until paid. In addition, the City shall pay, solely from said Source, an Administrative Expense Surcharge and a Loan Loss Reserve Surcharge on the-butstandi3n ,princip41r-"amount of this Bond at the rates of seventy-five hundredths of one percent (0.75%) aad twenty-five hundredths of one percent (0.25%), respectively, per annum r Interest and AdmQstrative Expense Surcharge and the Loan Loss Reserve Surcharge shad be payable in semiannual installments payable on each January 1 and July 1 (each a "Loan 14epayrnent Date"),tieommencing July 1, 2014. Principal shall be payable on the dates set'' rth inSchedif reto. Each installment shall be in the amount set forth opposite its due d&e in Schedule B attached hereto under "Total Loan Payment." The portion of each such payment consisting of principal, the portion consisting of interest, the ,,. portion consisting ofdmmistrativ.Expense Surcharge, and the portion consisting of Loan Loss Surcharge shal Abe asset focheduleB hereto. Upon each disbursement of 2014 Loan amounts, --to the City pursuant to`t' e Resolution described below, the DNRC shall enter (or cause t to be :entered) the aitqunt advanced on Schedule A under "Advances" and the total amount advanced undexF the Reolution (as hereinafter defined), including such disbursement, under "Total'AiiourifAd anded." The DNRC shall prepare Schedule B and any revised Schedule B, or cause Schedule ` and any revised Schedule B to be prepared, as provided in Section 5.1 of the Resolutio,dule B shall be calculated and recalculated on a level debt service basis assuming an interest rate of 3.00% per annum. Past -due payments of principal and interest and Administrative Expense Surcharge and the Loan Loss Reserve Surcharge shall bear interest at the rate of ten percent (10.00%) per annum, until paid. Interest and Administrative Expense Surcharge and Loan Loss Reserve Surcharge shall be calculated on the basis of a 360-day year comprising 12 months of 30 days each. All payments under this Bond shall be made to the registered holder of this Bond, at its address as it appears on the Bond register, in lawful money of the United States of America. This Bond is the City's "Special Improvement District No. 345 Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2014 (the "Series 2014 Bond"), issued under Resolution No. 5659, adopted by the City Council of the City on February 3, 2014 (the "Resolution"), to which Resolution, copies of which are on file with the City, reference is hereby made for a description of the nature and extent of the security, the respective rights thereunder of the Owners of the Series 2014 Bond and the City and the terms upon which the Series 2014 Bond are to be issued and delivered. Terms used with initial capital letters but not defined herein have the meanings given them in the Resolution. The Series 2014 Bond is issued in the maximum authorized principal amount of $242,000. The Series 2014 Bond is, suable only as a single, fully registered bond. The Series 2014 Bond is issued by the City for theme purpose of financing or reimbursing the City for a portion of the cost of the acquisition and cowruction of certain local improvements within Special Improvement District 10 4 theCty (the "District"), thereby assisting activities in the public interest and fors then blic weareof the City. i ` t t .x The Series 2014 Bond is issued pursuant to and in full cbhphance wits the Constitution and laws of the State of Montana, particularly Montana Code Afmotated, Tile 7, Chapter 12, Parts 41 and 42, as amended (the "Act"), and pursuant to tl,", Resoluriop This Bond is payable from the collection of a special tax or assessment levied upoi"W' I ;assess h e real property within the boundaries of the District, in an aggregate„principal an ount"df not less than the aggregate principal amount of the Series 2014 Bond to `be paid frorp, eclat assessments, except as such amount may be reduced or increased in accordance with pions of Montana law and except that the payment of principal of and interest--' the Series 2014 Bond due July 1, 2014 is from other funds of the City. Such assessments constitute a Jien against the assessable real estate within the District, and the Series2014 Bond are not,general obligations of the City. The City has established in the District Funtl, and funded wrth.certam proceeds of the Series 2014 Bond, a District Reserve Account (the "Reserve Accounf,'), from which moneys are to be applied to pay principal of and interest on the Ser es2014 Bond in the event collections of special assessments are insufficient therefor : ,There is�no obl1-gii" n for the City to replenish the Reserve Account if funds are withdrawn'therefrom. . , Sl; The City' hasa-80 validly established a Special Improvement District Revolving Fund (the "Revolving Vu&17) to'ecure th t ayment of certain of its special improvement district bonds, including��the Serf s'2014 Bond. The City has also agreed, to the extent permitted by the Enabling Act, to issu6korders annually authorizing loans or advances from the Revolving Fund to the District nnd, xyn ain6unts sufficient to make good any deficiency in the District Fund to pay principal of or -11 intexest'on the Series 2014 Bond after depletion of the Reserve Account, to the extent that funds are available in the Revolving Fund, and to provide funds for the Revolving Fund by annually making a tax levy or loan from its general fund in an amount sufficient for that purpose, subject to the limitation that no such tax levy or loan may in any year cause the balance in the Revolving Fund to exceed five percent of the principal amount of the City's then outstanding special improvement district bonds secured thereby and the durational limitations specified in the Enabling Act. The Series 2014 Bond is subject to mandatory redemption on any interest payment date if, after paying all principal and interest then due on the Series 2014 Bond, there are funds to the credit of the Special Improvement District No. 345 Fund of the City, from the prepayment of 2 assessments levied in the District or from surplus proceeds of the Series 2014 Bond not required to pay costs of the 2013 Project, for the redemption thereof, and in the manner provided for the redemption of the same, as further provided in the Resolution. The Series 2014 Bond is subject to redemption at the option of the City from other sources of funds available therefor on any interest payment date, subject, however, to the terms and conditions specified in the Resolution. The redemption price is equal to the principal amount of the Series 2014 Bond or portions thereof to be redeemed plus interest accrued thereon to the date of redemption. Any prepayment must be accompanied by payment of accrued Administrative Expense Surcharge and Loan Loss Reserve Surcharge to the date of prepayment on the amount of principal prepaid. The date of redemption shall be fixed by the City Finance Director, who shall give notice by"' �rst class mail, postage prepaid, to the owner or owners of such Series 2014 Bond at their addresses, shown on the bond register, of the Series 2014 Bond or portions thereof to be 3reftem cti�edate on which payment will be made, which date shall not be less than thirty,(30) clays after theiate of mailing of notice, on which date so fixed interest shall cease. Onie date so fid interest on the Series 2014 Bond or portions thereof so redeemed shall cease toacrue� The Series 2014 Bond has been designated by C pursuant to Section 265 of the Internal Revenue Code of If provision is made for the payment off, in accordance with the Resolution, this Series '2( under the Resolution, shall cease to be eniitif thereafter be payable solely from the fugds prow The City may deem and treat the per registered as the absolute owner hereof, whether purpose of receiving payment and -;-,for all other any notice to the Series:>2014 Bon ty s "qualifled tax-exmpt obligations" 19ti8,s amended of afind interest on this Series 2014 Bond hshdll no longer be deemed outstanding beWtsof the Resolution, and shall » in .whose name this Series 2014 Bond is his =series 2014 Bond is overdue or not, for the urposes, and the City shall not be affected by may be transferred as hereinafter provided. IT IS HEREt�Y :CER.TYF�IED, RECITED, COVENANTED AND AGREED that all things required to be dons :precedent .o the issuance of this Bond have been properly done, happened and been peormed �n the -manner prescribed by the laws of the State of Montana and .. XVO the resolutions =end ord#iances of tie City relating to the issuance thereof. 3 IN WITNESS WHEREOF, the City of Kalispell, Montana, by its governing body, has caused this Bond to be executed by the signatures of the Mayor, the City Manager and the City Finance Director, and has caused this Bond to be dated as of the 15th day of May, 2014. CITY OF KALISPELL, MONTANA rd REGISTRATION AND TRANSFER This Bond shall be fully registered as to both principal and interest. No transfer of this Bond shall be valid unless and until (1) the registered holder of the Bond, or his duly authorized attorney or legal representative, executes the form of assignment appearing on this Bond, and (2) the City Finance Director of the City, as bond registrar (the "Registrar"), has duly noted the transfer on the Bond and recorded the transfer on the Registrar's registration books. The City shall be entitled to deem and treat the person in whose name this Bond is registered as absolute owner thereof for all purposes, notwithstanding any notice to the contrary. Payments on account of the Bond shall be made only to the order of the registered holder thereof .rand all such payments shall be valid and effectual to satisfy and discharge the City's liability upon the Bond to the extent of the sum or sums so paid. ,� 4 REGISTER The ownership of the unpaid Principal Balance thereon is registered on the books of the City of Kalispel holder appearing on the first page hereof or as last noted Name Date of Registration of Regi May 15, 2014 THE FOLLOWING REGISTRAR'OPOT of MT 5 aril the interest accruing the name of the registered Signature of Finance Director TO BE MADE ONLY BY THE BOND ON OF EACH TRANSFER The City'Finance Director of.the City of Kalispell, Montana, acting as Bond Registrar, has transferred, on the books of Ihe==City, on the date last noted below, ownership of the principal amount of and the accrued interest on this Bond to the new registered holder noted next to such date, except�for amounts of principal and interest theretofore paid. Name of New Signature of Date of T?ansfer Registered Holder Bond Registrar holder, on this FORM OF ASSIGNMENT For value received, this Bond is hereby transferred and assigned by the undersigned without recourse, to day of For: (Authorized S r Date SCHEDULE A SCHEDULE OF AMOUNTS ADVANCED Total Amount Advances Advanced Notation Made By ncn cinni n dmnAn nnn nn OnAn nnn nn Date Principal Interest SCHEDULE B Administrative Expense Surcharge Loan Loss Reserve Surcharge Total Loan Payment SRF-14352 Preliminary Schedule STATE OF MONTANA GENERAL OBLIGATION BONDS WASTEWATER (REVOLVING FUND PROGRAM) BORROWER: Kalispell -Willows SID PROJECT NAME: FINAL LOAN PAYMENT: 7/1/2029 LOAN COMMITMENT: $242,000 # OF LOAN PAYMENTS: 31 LOAN AMOUNT: 242,000 PROJECT NUMBER: INTEREST RATE: 3.00% DATE OF FUNDING: 5/15/2014 PAYMENT LOAN LOSS ADM EXPENSE INTEREST PRINCIPAL O/S LOAN TOTAL AMOUNT DUE RESERVE SURCHARGE PAYMENT PAYMENT BALANCE, OF PAYMENT 1 7/1/2014 77.31 231.92 618.44 1,000.00 241,000.00 $1,927.67 $1,927.67 2 I/l/2015 301.25 903.75 2,410.00 7,000.00 234,000.00 $10,615.00 $12,542.67 3 7/1/2015 292.50 877.50 2,340.00 7,000.00 227,000.00 $10,510.00 4 1/l/2016 283.75 851.25 2,270.00 7,000.00 220,000.00 $10,405.00 $20,915.00 5 7/1/2016 275.00 825.00 2,200.00 7,000.00 213,000.00 $10,300.00 6 1/1/2017 266.25 798.75 2,130.00 7,000.00 206,000.00 $10,195.00 $20,495.00 7 7/1/2017 257.50 772.50 2,060.00 7,000.00 199,000.00 $10,090.00 8 1/1/2018 248.75 746.25 1,990.00 7,000.00 192,000.00 $9,985.00 $20,075.00 9 7/1/2018 240.00 720.00 1,920.00 7,000.00 185,000.00 $9,880.00 10 I/l/2019 231.25 693.75 1,850.00 7,000.00 178,000.00 $9,775.00 $19,655.00 11 7/1/2019 222.50 667.50 1,780.00 7,000.00 171,000.00 $9,670.00 12 1/l/2020 213.75 641.25 1,710.00 7,000.00 164,000.00 $9,565.00 $19,235.00 13 7/1/2020 205.00 615.00 1,640.00 8,000.00 156,000.00 $10,460.00 14 1/l/2021 195.00 585.00 1,560.00 8,000.00 148,000.00 $10,340.00 $20,800.00 15 7/1/2021 185.00 555.00 1,480.00 8,000.00 140,000.00 $10,220.00 16 I/1/2022 175.00 525.00 1,400,00 8,000.00 132,000.00 $10,100.00 $20,320.00 17 7/1/2022 165.00 495.00 1,320.00 8,000.00 124,000.00 $9,980.00 18 I/l/2023 155.00 465.00 1,240.00 8,000.00 116,000.00 $9,860.00 $19,840.00 19 7/1/2023 145.00 435.00 1,160.00 8,000.00 108,000.00 $9,740.00 20 I/1/2024 135.00 405.00 1,080.00 8,000.00 100,000.00 $9,620.00 $19,360.00 21 7/1/2024 125.00 375.00 1,000.00 8,000.00 92,000.00 $9,500.00 22 1/1/2025 115.00 345.00 920.00 9,000.00 83,000.00 $10,380.00 $19,880.00 23 7/1/2025 103.75 311.25 830.00 9,000.00 74,000.00 $10,245.00 24 I/l/2026 92.50 277.50 740.00 9,000.00 65,000.00 $10,110.00 $20,355.00 25 7/1/2026 81.25 243.75 650.00 9,000.00 56,000.00 $9,975.00 26 1/l/2027 70.00 210.00 560.00 9,000.00 47,000.00 $9,840.00 $19,815.00 27 7/1/2027 58.75 176.25 470.00 9,000.00 38,000.00 $9,705.00 28 I/1/2028 47.50 142.50 380.00 9,000.00 29,000.00 $9,570.00 $19,275.00 29 7/1/2028 36.25 108.75 290.00 9,000.00 20,000.00 $9,435.00 30 1/1/2029 25.00 75.00 200.00 10,000.00 10,000.00 $10,300.00 $19,735.00 31 7/1/2029 12.50 37.50 100.00 10,000.00 0.00 $10,150.00 $10,150.00 5,037.31 15,111.92 40,298.44 242,000.00 302,447.67 302447.6667 302,447.67 Div by 87 Div by 87 $2,781.61 $3,476.41