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<br /> INTRODUCED BY: Mr. Glickert DATE: September 26, 2011
<br /> BILL NO. 9136 ORDINANCE NO. 6872
<br /> AN ORDINANCE AUTHORIZING THE CITY OF UNIVERSITY CITY,
<br /> MISSOURI, TO AMEND THE TRUST INDENTURE PURSUANT TO
<br /> WHICH ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (WINCO
<br /> REDEVELOPMENT CORPORATION, INC. PROJECT) SERIES 2003 IN
<br /> THE ORIGINAL PRINCIPAL AMOUNT OF $5,800,000 WERE ISSUED;
<br /> AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
<br /> THEREWITH
<br /> WHEREAS, the City of University City, Missouri (the "Issue') has previously issued its Industrial
<br /> Development Revenue Bonds (Winco Redevelopment Corporation, Inc. Project) Series 2003 in the
<br /> original principal amount of $5,800,000 (the "Bonds") pursuant to a Trust Indenture between the Issuer
<br /> and UMB Bank, N.A., as successor trustee (the "Trustee"), dated as of November 1, 2003, as amended
<br /> and supplemented by a First Supplemental Trust Indenture by and between the Issuer and the Trustee,
<br /> dated as of June 28, 2010 (collectively, the "Original Indenture"), for the purpose of providing funds to
<br /> finance and refinance the costs of acquiring, constructing, furnishing, and equipping an approximately
<br /> 79,500 square foot manufacturing facility and a 5,930 square foot building attached to the new
<br /> manufacturing building, and the purchase and installation of manufacturing equipment, all on land located
<br /> at 6200 and 6315 Maple Avenue in the City (as further described in the Original Indenture, the "Project')
<br /> for Winco Redevelopment Corporation, Inc. (as further defined in the Original Indenture, the "Company'),
<br /> and to pay certain costs related to the issuance of the Bonds; and
<br /> WHEREAS, under the terms of a Lease Agreement dated as of November 1, 2003, as originally
<br /> executed by the Issuer and the Company, as amended and supplemented by a First Supplemental
<br /> Lease, dated June 28, 2010 (the "Original Lease"), the Company makes certain lease payments to the
<br /> Trustee in amounts sufficient to provide for the payment of the interest on and principal of the Bonds
<br /> when such payments are required to be made; and
<br /> WHEREAS, the Bonds currently bear interest at the Weekly Rate (as further described in the
<br /> Original Indenture), and the Company has elected to convert the Bonds to bear interest at the Fixed Rate
<br /> (as further described in the Original Indenture) pursuant to the terms of the Original Indenture; and
<br /> WHEREAS, the Bonds are subject to mandatory tender upon conversions between rate periods,
<br /> and the Company has agreed to purchase all of the Bonds outstanding on the date of conversion to the
<br /> Fixed Rate following the mandatory tender; and
<br /> WHEREAS, as the owner of all of the outstanding Bonds, the Company will be both the payor
<br /> and the payee of the principal of and interest on the Bonds, which will result in offsetting payments; and
<br /> WHEREAS, the Company has requested that the Issuer, and the Issuer and the Trustee desire
<br /> to, enter into the herein defined Second Supplemental Indenture amending and supplementing by
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