OFFICE OF THE SANGGUNIANG BAYAN EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF CUYAPO, NUEVA ECIJA, HELD ON MAY 12, 2008 AT THE SANGGUNIANG BAYAN SESSION HALL. Present: Hon. Vice Mayor John D. Diego– Presiding Officer Hon. SBM Cinderella E. Ramos Hon. SBM June Paul A. Mendoza Hon. SBM Mussolini B. Agpalo Hon. SBM Jaime DL. Batac Hon. SBM Dominador C. Sumalbag Hon. SBM David Roy N. Delo Hon. SBM Bernardo D. Diaz Hon. SBM Antonio V. Ysmael Hon. SBM Jaime B. Duro, Jr. Hon. SBM Larah Pastora C. Dar Absent: None. RESOLUTION NO. 38, s-2008 RESOLUTION AUTHORIZING THE LOCAL CHIEF EXECUTIVE OF CUYAPO, NUEVA ECIJA, HON. AMADO R. CORPUS, JR., TO ENTER INTO A CONTRACT OF LOAN WITH THE LAND BANK OF THE PHILIPPINES, GUIMBA BRANCH, AND RATIFYING AND/OR CONFIRMING ALL TERMS AND CONDITIONS OF THE LOAN AGREEMENT EXECUTED AND ENTERED INTO BY AND BETWEEN THE MUNICIPAL GOVERNMENT OF CUYAPO, NUEVA ECIJA AND THE LAND BANK OF THE PHILIPPINES IN THE AMOUNT OF SIXTEEN MILLION FOUR HUNDRED FORTY THOUSAND FIVE HUNDRED (P16,440,500.00) PESOS WHICH SHALL BE USED TO FINANCE THE RENOVATION OF THE CUYAPO GOVERNMENT CENTER, CONSTRUCTION OF FRONTAGE OF CUYAPO TRADING CENTER, ACQUISITION OF ONE (1) UNIT BRAND NEW SERVICE VEHICLE, ONE (1)UNIT RECONDITIONED PAY LOADER AND TWO (2) UNITS RECONDITIONED GARBAGE COMPACTOR WHEREAS, pursuant to the Item (VI), sub paragraph (1), paragraph (b) of Section 444 of the Local Government Code of 1991, the Local Chief Executive, Hon. AMADO R. CORPUS, JR., upon the authorization by the Sangguniang Bayan is mandated to represent and sign for and in behalf of the Municipal Government of Cuyapo, Nueva Ecija, the loan agreement, deed of assignment of Internal Revenue Allotment and loan credit line agreement with the Land Bank of the Philippines (LBP) in connection with the Sixteen Million Four Hundred Forty Thousand Five Hundred (P16,440,500.00) Pesos which shall be used to finance the renovation of the Cuyapo Government Center, construction of frontage of Cuyapo Trading Center, acquisition of one (1) unit brand new service vehicle, one (1)unit reconditioned Pay Loader and two (2) units reconditioned Garbage Compactor; WHEREAS, pursuant to and on the basis of the request for loan, the Municipal Mayor has submitted a loan application with the Land Bank of the Philippines, a P16,440,500.00 Term Loan which the LBP approved, subject to the following terms and conditions; LOANED AMOUNT Up to P16,440,500.00 or the final amount of winning bidder whichever is lower. PURPOSE To finance the acquisition of the following; Excerpts, Resolution No. 38, s-2008 Page 2 TL DESCRIPTION AMOUNT 4 a. Major renovation of Cuyapo Government Center 10,250,000.00 b. Construction of Frontage of Cuyapo Trading Center/Public Market Office 2,190,000.00 Building 5 c. Acquisition of brand new service vehicle – one (1) unit Toyota Innova G 940,500.00 2.5 Liter Diesel Engine, Manual Transmission 6 d. Acquisition of reconditioned heavy equipment as follows: i. One (1) unit Pay Loader, Komatzu brand with six (6) cylinders and 1,500,000.00 2.5 cubic meter bucket size ii. Two (2) units of Garbage Compactor, Isuzu Forward brand 1,560,000.00 TOTAL 16,440,500.00 INTEREST At prevailing LBP Prime rate plus minimum spread of 3%, subject to quarterly repricing or at applicable special financing rate. TENOR a. Term Loan No. 4 – Major renovation of Cuyapo Government Center and Construction of Frontage of Cuyapo Trading Center/Public Market Office Building – Ten (10) years with six (6) months grace period on principal payment. b. Term Loan No. 5 – Acquisition of Brand New Service Vehicles – Seven (7) years without grace period on principal payment. c. Term Loan No. 6 – Acquisition of Reconditioned Heavy Equipment – Three (3) years without grace period on principal payment. REPAYMENT TERMS a. Term Loan No. 4 – Major renovation of Cuyapo Government Center and Construction of Frontage of Cuyapo Trading Center/Public Market Office Building Principal – Payable in one hundred fourteen (114) equal principal monthly amortizations to start at the end of the seventh (7th) month from the date of release. Interest - Payable in one hundred twenty (120) monthly amortizations to start at the end of the first (1st) month from date of release. b. Term Loan No. 5 – Acquisition of Brand New Service Vehicles Principal – Payable in eighty four (84) equal principal monthly amortizations to start at the end of the first (1st) month from the date of release. Interest - Payable in eighty four (84) monthly amortizations to start at the end of the first (1st) month from date of release. c. Term Loan No. 6 – Acquisition of Reconditioned Heavy Equipment Principal – Payable in thirty six (36) equal principal monthly amortizations to start at the end of the first (1st) month from the date of release. Interest - Payable in thirty six (36) monthly amortizations to start at the end of the first (1st) month from date of release. Excerpts, Resolution No. 38, s-2008 Page 3 PENALTY Penalty rate of Twenty Four (24%) percent per annum, in case of non-payment, shall be charged to start on the day after the due date of loan amortization/credit accommodation up to date of settlement. MODE OF RELEASE I. Term Loan No. 4 – Major renovation of Cuyapo Government Center and Construction of Frontage of Cuyapo Trading Center/Public Market Office Building a. Major renovation of Cuyapo Government Center Tranche Amount Conditions First (1st) 1,537,500.00 Mobilization fee equivalent to 15% of the contract price Second 3,500,000.00 After 30% physical accomplishment as validated by LBP (2nd) representative First (1st) 3,500,000.00 After 70% physical accomplishment as validated by LBP representative First (1st) 1,712,500.00 After 100% physical accomplishment as validated by LBP representative Total 10,250,000.00 b. Construction of Frontage of Cuyapo Trading Center/Public Market Office Building Tranche Amount Conditions First (1st) 328,500.00 Mobilization fee equivalent to 15% of the contract price Second 700,000.00 After 30% physical accomplishment as validated by LBP (2nd) representative First (1st) 700,000.00 After 70% physical accomplishment as validated by LBP representative First (1st) 461,500.00 After 100% physical accomplishment as validated by LBP representative Total 2,190,000.00 II. Term Loan No. 5 – Acquisition of Brand New Service Vehicles Loan proceeds shall be released directly to the supplier or winning bidder or credited to the LGU’s deposit account with LBP with simultaneous debit or on-us check of LGU payable to the supplier. III. Term Loan No. 6 – Acquisition of Reconditioned Heavy Equipment Loan proceeds shall be released directly to the supplier or winning bidder or credited to the LGU’s deposit account with LBP with simultaneous debit or on-us check of LGU payable to the supplier. OTHER TERMS AND CONDITIONS 1. Certification of Pre-test and Acceptance of Service Vehicle and Heavy Equipment by the Municipal Engineer and attested by the Local Chief Executive. 2. The LGU shall not sell, convey, dispose and mortgage the object of financing as long as the loan is standing. 3. Interim financing thru LBP regular fund at LBP prevailing rate shall be allowed pending enrollment of the project to a Special Financing Program (SFP). 4. The LGU will not contract any loan or investment which may impair its paying capacity without prior clearance from the Bank. 5. Cost overrun shall be for the account of the LGU. Excerpts, Resolution No. 38, s-2008 Page 4 6. All insurable assets financed by LBP shall be insured and the proposed construction projects shall be covered by “Constructor’s All Risk Insurance” to be course through LIBI. Once completed, the building shall be covered by the fire insurance for the amount equivalent to the total appraised value of the improvement. Fire insurance is to subject annual renewal throughout the term of the loan. 7. Interest and principal payments shall be debited from the IRA deposit account of the LGU maintained at LBP Guimba Branch. LBP shall be the sole depository bank of the LGU for its IRA for as long as the loan remains outstanding. 8. Any excess payment on amortization shall be applied to the succeeding amortization due. 9. A 3% pre-termination fee based in outstanding obligations shall be charged if loan is taken-out by other bank/financing institutions or as required by the Special Financing Program (SFP). 10. A one time handling/processing fee of P50,000.00 shall be collected and GRT shall be for the account of the LGU. 11. The LGU shall course all Philhealth, taxes and other payments to the government through LBP. 12. The Bank reserves its right to withhold loan release/s should there be: a. A case filed against the LGU or its officials involving the project/s to be financed; b. An adverse finding on the project or object of financing; c. A withdrawal by the Sanggunian on the Authority given to the LGU’s Local Chief Executive to contract Loan. 13. Pre-release Conditions: a. Resolution passed by the Sangguniang Bayan authorizing its Local Chief Executive and approving and ratifying all terms and conditions of the loan. b. Certification by the Municipal Budget Officer, noted by the Municipal Mayor that the principal and interest repayments to the loan and other contractual and statutory obligations will be continuously appropriated in the annual budget of the LGU. c. Certification by the Municipal Treasurer noted by the Municipal Mayor that the proposed sources of loan repayments are available and not restricted by law or the LGU’s other obligations.