Loading...
HomeMy Public PortalAbout060-1990- ORDINANCE AUTHORIZING THE CITY TO AMEND THE LEASE AGR(WD-TNAiltCE NO.00-1990 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO AMEND THE LEASE AGREEMENT AND THE MORTGAGE AND INDENTURE OF TRUST FOR THE ELDER/WILBERT CORP. PROJECT AND APPROVING OTHER ACTIONS IN RESPECT THERETO WHEREAS, the City of Richmond (the "Issuer") issued on August 6, 1974, its Economic Development First Mortgage Revenue Bonds, Series 1974 (Elder/Wilbert Corp.) (the "Bonds") pursuant to a Mortgage and Indenture of Trust dated August 6, 1974 (the "Indenture") from the Issuer to Star Bank, NA, Eastern Indiana (f/k/a The Second National Bank of Richmond), as Trustee (the "Trustee"), and the Issuer used the proceeds of said Bonds pursuant to the provisions of the Lease Agreement dated August 6, 1974, between the Issuer and Elder/Wilbert Corp. (the "Lease Agreement") to finance certain economic development facilities, which facilities were leased by the Issuer to Elder/Wilbert Corp. for operation, and WHEREAS, the Lease Agreement and the Indenture were amended on August 19, 1977 by an Amendment to Lease Agreement and Mortgage and Indenture of Trust, and Elder/Wilbert Corp. subsequently assigned its interest in the Lease Agreement, as amended, to Dayton Walther Corporation ("Dayton") pursuant to an Assignment of Lease, dated January 20, 1981, and Dayton then assigned its interest in the -Lease Agreement, as amended, to Stagood Company (the "Lessee") pursuant to an Assignment and Assumption of Lease dated January 20, 1989, and Northland Corporation ("Northland") indemnified the obligations of the Lessee thereunder, and WHEREAS, the Issuer, the Trustee, Dayton, the Lessee, Northland and the Bondholders now desire to amend the Indenture and the Lease Agreement, as amended, for the purpose of changing the lessee under the Lease Agreement, now therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA THAT: Section 1. The substantially final forms of the Second Amendment To Lease Agreement and To Mortgage and indenture of Trust and the Guaranty Agreements are hereby approved, and the Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust and Guaranty Agreements shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk. In accordance with the provisions of I.C. 36-1-5-4, two (2) copies of the Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust and Guaranty Agreements are on file in the office of the Clerk -Treasurer for public inspection. Section 2. Pursuant to the Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust, the Lessee of the economic development facilities is recognized to be Stagood Company and Dayton is recognized to be released in all respects as the lessee thereof. Further, it is recognized that Gordon L. Stauffer and Jack Goodale shall guaranty the obligations of Stagood Company under the Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust. Section 3. The Mayor and Clerk are authorized and directed to execute, attest, affix or imprint by any means the Issuer seal to the documents constituting the Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust approved herein on behalf of the Issuer and any other document which may be necessary or desirable to consummate the transaction and to approve and accept the Guaranty Agreements. The Mayor and Clerk are hereby expressly authorized to approve any modifications or additions to the Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust and the Guaranty Agreements which take place after the date of this Ordinance with the review and advice of the Issuer Attorney, it being the express understanding of this Common Council that said Second Amendment To Lease Agreement and To Mortgage and Indenture of Trust and the Guaranty Agreements are in substantially final form as of the date of this Ordinance. The approval of said 9WM modifications or additions shall be conclusively evidenced by the execution and attestation thereof and the affixing of the seal thereto or the imprinting of the seal thereon. Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Passed and adopted this 020 aday of 1994. RICHMOND COMMON COUNCIL Attest: Presented by me to the Mayor of the City of Richmond, Indiana, on this day of , 1990, at the hour of: p _ `://� .m. Approved and signed by me on this day of �c� _ _ ., 1990. 'Y'�Ze qz, Mayor, City Ri mond -3-