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5.3 Amendment No. 2 KDHE Loan South Well FieldCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/26/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 BY: ITEM UTILITIES DEPARTMENT FINAL APPROVAL: NO: 3 %%� T Page 1 BY: Martha Tasker BY: ITEM: I/%_� Authorize Amendment No. 2 to the Loan Agreement (Loan) between the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and the City of Salina, Kansas for the purpose of financing the South Well Field & Water Treatment Plant Project. BACKGROUND: The Project includes the following major improvements: Rehabilitation of four existing wells • 3.5 Million Gallons Per Day (MGD) Lime Softening Water Treatment Plant 7,000 Linear Feet of 10 - 20 -inch raw water main 3,000 Linear Feet of 8 and 12 -inch public sanitary sewer On December 10, 2018, the City Commission authorized the loan for an amount not to exceed $32,000,000. The breakdown for the loan is as follows: The loan amount remained at $32,000,000 and the cost overrun of $508,549 was covered from unspent 2022 Sub-CIP funds. FISCAL NOTE: The semi-annual (February and August) payments will be reduced from $1,005,393.16 to $993,523.78. COMMISSION ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Authorize the Mayor to execute Addendum No. 2 to the Loan Agreement between the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and the City of Salina, Kansas for the purpose of financing the South Well Field & Water Treatment Plant Project. 2.) Authorize execution of the Addendum No. 2 to the Loan Agreement with amendments as the City Commission deems appropriate. 3.) Postpone execution of the Addendum No. 2 to the Loan Agreement to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. Original Loan Agreement First Amendment Second Amendment Phase I Engineering $ 1,664,524 $ 1,664,524 $ 1,664,524 Owner's Rep $ 1,444,330 $ 1,444,330 $ 1,444,330 Total Construction $29,399,695 $29,399,695 $29,399,695 Loan Origination Fee $ 80,000 $ 0 $ 0 Total $32,588,549 1 $32,508,549 $32,508,549 The loan amount remained at $32,000,000 and the cost overrun of $508,549 was covered from unspent 2022 Sub-CIP funds. FISCAL NOTE: The semi-annual (February and August) payments will be reduced from $1,005,393.16 to $993,523.78. COMMISSION ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Authorize the Mayor to execute Addendum No. 2 to the Loan Agreement between the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, and the City of Salina, Kansas for the purpose of financing the South Well Field & Water Treatment Plant Project. 2.) Authorize execution of the Addendum No. 2 to the Loan Agreement with amendments as the City Commission deems appropriate. 3.) Postpone execution of the Addendum No. 2 to the Loan Agreement to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/26/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM UTILITIES DEPARTMENT FINAL APPROVAL: NO: Page 2 BY: Martha Tasker BY: 4.) Vote to deny execution of the Addendum No. 2 to the Loan Agreement which would result in no decrease in the semi-annual payments. Staff recommends Option 1. SECOND AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT ACTING ON BEHALF OF THE STATE OF KANSAS /.Wool SALINA, KANSAS KPWSLF PROJECT NO. 2917 ORIGINAL LOAN AGREEMENT EFFECTIVE AS OF AUGUST 15 2018 AMENDMENT NO.2 EFFECTIVE AS OF JUNE 27, 2022 Second Amendment to the Loan Agreement between the Kansas Department of I lealth and Environment Acting on behalf of the State of Kansas and Salina, Kansas Effective as of June 27, 2022 WHEREAS, the City of Salina, Kansas (the Municipality) has entered into a Loan Agreement with the Kansas Department of Health and Environment, acting on behalf of the State of Kansas, effective as of August 15, 2018, (the "Loan Agreement"); and WHEREAS, said Loan Agreement was entered into for the benefit of the City of Salina, KPWSLF Project No. 2917; and WHEREAS, the Municipality hereby determines that it is necessary to amend certain exhibits to the Loan Agreement, and WHEREAS, this Second Amendment to the Loan Agreement is entered into and effective as of June 27, 2022; SECTION 1. Exhibit B2 of the LOAN AGREEMENT BETWEEN THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT AND SALINA, KANSAS are hereby amended to read as set forth on the pages attached hereto. SECTION 2. Except as herein specifically set out, the Loan Agreement is confirmed and ratified. Second Amendment Effective as of June 27, 2022 2 IN WITNESS WHEREOF, KDHE and the City of Salina have caused this Second Amendment to the Loan Agreement for the Municipality to be executed, sealed and delivered, effective as of June 27, 2022. I and Environment Date: 7—[z^? 2-')7 The KANSAS DEPARTMENT OF IIEALTH AND ENVIRONMENT, acting on behalf of THE STATE OF KANSAS By: 97�I Janet tanek Secretary Kansas Department of Health & Environment Printed Name Mayor City of Salina (Seal) ATTEST: By: Title: Date: Second Amendment Effective as of June 27, 2022 3 KANSAS PLMUC WATERSUPPLYLOAN FUND Actual Draws -Actual Interest Rate Arnortiaation of Loan Costs as of 6/27(2022-FINAL Prepared for. City of Salina, Project No. 2917 Goss Interest Rate Allocation thre 2/1/2024 Service Fee Rate: 1.98010 Net Loan Interest Rate: 0.35% atter 7/1/2024 0.359A 1.98-A Project Principal- Interest During Const.: Service Fee During Const.: Cross Loan Costs: Cross Interest Rate: First Payment Date: NumberofPeyments: 32,00Qo00.00 0.00 0.00 32,000,000.00 2.33% 8/1/2020 40 Payment Payment Beginning Interest Principal Service Total Ending Number Date Balance Payment Payment Fee Payment Balance 1 8r1/2020 32,000.000.00 74,403.74 842,933.96 138,055.46 1,005,393.16 31,157,066.04 2 2/1/2021 31,257,066.04 39,310.24 743,699.72 222,383.70 1,005,393.16 30,413,366.82 3 8(3/2021 30,413,366.82 49,370.81 676,724.67 279,297.68 1,005,393.16 29,736,642.15 4 2/1/2022 29,736,642.15 52,039.12 658,96128 294,39276 1,005,393.16 29,077,680.87 5 8(1/2022 29,077,680.87 50.885.94 654,76880 287,869.04 993,523.78 28,422,912.07 6 711/2073 28,422,912.07 49,740.10 662,396.85 281,386.83 993,523.78 27,760,515.22 7 8(1(2023 27,760,515.22 48,580.90 670,113.78 274,829.10 993,523.78 27,090,401.44 8 2/1/2024 27,090,401.44 47,408.20 67/,920.61 268,194.97 993,523.78 26,412,480.83 9 8/1/2074 26,412,480.83 261,483.56 685,81838 46,221.84 993,523.78 25,726,66245 10 211/2025 25,726,66245 254,693.96 693,808.16 45,021.66 993,523.78 25,032,854.29 11 811/2025 25,032,854.29 247,82526 701,891.02 43,807.50 993,523.78 24,330,963.27 12 2/1/2026 24330,96327 240,876.54 710,068.05 42,579.19 993,523.78 23,620,895.22 13 811/2026 23,620,895.22 233,846.86 718,340.35 4036.57 993,523.78 22,902,554.87 14 7/1/2027 22,902,554.87 226,73529 726,709.02 40,079.47 993,523.78 22,175,845.85 15 811/2027 22,175,845.85 219,540.87 735,175.18 38,1107.73 993,529.78 21,440,670.67 16 2/1/2028 21,440,670.67 212,26264 743,739.97 37,521.17 993,523.79 20,696,930.70 17 8/1/2028 20,696,930.70 204,899.61 752,404.54 36,219.63 993,523.78 19,944,526.16 18 2/1/2029 19,944,526.16 197,450.81 761,170.05 34,902.92 993,523.78 19,183,356.11 19 811/2029 19,193,356.11 189,915.23 770,037.69 33,570.87 993,523.78 18,413,318.43 20 2/1/2030 18,413,31843 192,291.85 779,00862 32,22431 993,573.78 17,634309.81 21 8/1/2030 17,634309.81 174,579.67 788,094.07 30.860.04 993,523.78 16,846,225.74 22 7/1/2031 16,846,225.74 166,777.63 797,265.25 29,480.90 993,573.78 16,049,960.49 23 8(1/2031 14048,%0.49 158,894.71 806,553.39 2$085.68 993,523.78 15,242,407.10 24 7/1/2032 15,242,407.10 IAM,83 815,949.74 26,67421 993,523.78 14,426,457.36 25 911/2032 14,426,457.36 142,821.93 825,455.55 25,746.30 993,523.78 13,601,001.81 26 2/1/2033 13,601,001.81 134,649.92 835,07212 23,801.75 993,523.78 12,765,929.70 27 811/2033 12,765,929.70 126,38270 844,800.70 22,340.38 993,523.78 11,921,129.00 28 7/1/2034 11,921,129.00 118019.18 854,642.62 20,961.98 993,523.78 11,066,486.38 29 8/112034 11,066,486.38 109,558.22 864,59921 19,366.35 993,523.78 10,201,887.17 30 71112035 10,201,897.17 100,99868 874,671.80 17,85330 993,523.78 9,327,215.37 31 8/1/2035 9,327,21537 92,339.43 884,861.72 16,322.63 993,523.78 8442,353.65 32 7/1/2036 8442353.65 83,57930 895,17036 14,774.12 993,523.78 7,547,18329 33 8/1/2036 7,547,18329 74,717.11 905,599.10 13,207.57 993,523.78 6,641,584.19 34 2/1/2037 6,641,584.19 65,751.68 916,149.33 11,622.77 993,523.78 5,725,434.86 35 8/1/2037 5,725,434.86 56,681.81 926,82246 10,019.51 993,523.78 4,798,612.40 36 2/1/2038 4,798612.40 47,506.26 937,619.95 8397.57 993,523.78 3,860.992.45 37 811/2038 3,860,992.45 38,223.83 94854321 6,756.74 993,523.78 2,912,449.24 38 2/1/2039 2,912,449.24 2883325 959,593.74 5,096.79 993523.78 1,952,955.50 39 8/1/2039 1,952,855.50 19,33327 970.773.01 3,41750 993,523.78 982,082.49 40 7/1/2040 982,082.49 9,72262 982,082.49 1,718.67 993523.78 000 Totals 4,933,82256 32,000,000.00 2,854,606.16 39,788,42872 Prepared by the Department of Admintamicc Second Amendment Effective as of June 27, 2022 4