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R-14-04 RESOLUTION NO. R-14-04 WHEREAS, in connection with the City's sale of a portion of its water system to Fairfax Water, which transaction closed on January 3, 2014, certain collateral (namely, one of the City water tanks) for the 2008 Financing Lease held by SunTrust Bank in the original principal amount of$4,821,000.00 (the "2008 Loan") was released by SunTrust Bank; and WHEREAS, in exchange for such release of collateral, the City and SunTrust Bank entered into a Modification Agreement dated December 24, 2013 and the City provided to SunTrust Bank a letter giving certain assurances to SunTrust Bank for the repayment of the remaining balance of the 2008 Loan, and the City Council desires to formally confirm the terms of such agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax, that (i) the City affirms to SunTrust Bank that it intends to utilize a portion of the sale of the remaining portion of the City water system, to Loudoun Water, to pay in full the remaining balance due under the 2008 Loan, and (ii) in the event the transaction with Loudoun Water does not close on or prior to February 15, 2014, the City will either provide substitute collateral, of a form satisfactory to SunTrust Bank and equivalent in value to that of the water tank released as part of the Fairfax Water transaction, or otherwise pay the remaining balance of the 2008 Loan in full on or prior to February 28, 2014. ADOPTED this 14th day of January, 2014. cc-147)-(-: Mayor ATTEST: i City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye