Loading...
0751~"', rc . .r RESOLUTION NO. -~~-~ A RESOLUTION APPROVING THE ASSIGNMENT BY DELTA CASE COMPANY, INC. OF ITS LEASE AND AGREEMENT BETWEEN DELTA CASE COMPANY INC., AND THE CITY OF WEST MEMPHIS, ARKANSAS AND THE ASSUMPTION THEREOF BY GEORGE KOCH SODIS, INC.; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, by Ordinance No. 878 of the ordinances of the City of West Memphis, Arkansas (the "City"), passed and approved on February 3, 1977 (the "Bond Ordinance"), there was authorized the issuance of $500,000 in principal amount of the City's Industrial Development Revenue Bonds, Delta Case Project, Series A (.the "Bonds") for the acquisi- tion and construction of a manufacturing plant consisting of lands, buildings, improvements machinery, equipment and facilities (the "Project"); and WHEREAS, by Ordinance No. 879 of the ordinances of the City, passed and approved on February 3, 1977 (the "Lease Ordinance"), there was authorized the execution and ~ ~ delivery, of a Lease and Agreement (.the "Lease Agreement") wherein the City as Lessor leased the Project to Delta Case Company, Inc. ("Delta Case") as Lessee; and WHEREAS, Delta Case is currently in default of certain of the provisions in the Lease Agreement to cause those defaults to be cured as a part of for its agreement to assign its interests in the as Lessee to George Koch Sons, Inc. ("Koch") and to assume theobligations of Lessee under the Lea: prospectively from the date of the assignment by and proposes the consideration Lease Agreement Koch has agreed ~e Agreement Delta Case; and WHEREAS, the assignment and assumption of the Lease Agreement is necessary in order to cure the defaults existing under the Lease Agreement, to alleviate the unemployment occasioned b the defaults in t y he Lease Agreement_,and to prevent the occurrence of a default in the payment of the Bonds. NOW, THEREFORE, be it resolved by the City Council of the City of West Memphis, Arkansas: -2- Section 1. That the assignment by Delta Case of its right, title and interest to and under the Lease Agreement to Koch and the assumption and agreement by Koch to pay, perform and discharge all obligations, liabilities and duties of Delta Case under or with respect to the Lease Agreement and arising subsequent to the assignment by Delta Case are hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to do all things, to execute all instruments, and to otherwise take all action necessary for the consummation of the assignment and assumption of the Lease Agreement to Koch. PASSED: .March Co , 1980. APP D: By ayor (SEAL) CERTIFICATE The undersigned City Clerk of the City of West Memphis, Arkansas, does hereby certify that the foregoing pages are a true and compared copy of an ordinance passed at a regular session of the City Council held at the regular meeting place of the City Council at o'clock .m. on the day of March, 1980 and that the Resolution is of record in Resolution Book No. , Page , now in my possession. GIVEN under my hand and seal this day of March, 1980. i y C (.SEAL )