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2003-004-PEDCR PARIS ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 2003-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION, APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT CONTRACT WITH PARIS PACKAGING, INC., EXTENDING THE TERMS AND CONDITIONS OF THE ORIGINAL DEVELOPMENT CONTRACT DATED JULY 15, 1998; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Paris Economic Development Corporation, hereinafter called "PEDC," and Paris Packaging, Inc., a Texas Corporation, have previously entered into a Development Contract dated July 15, 1998, containing certain representations and promises associated with the loan of $4,000,000.00 in funds from PEDC to Paris Packaging, Inc. to carry on a manufacturing operation in the city of Paris, Texas; and, WHEREAS, the aforesaid original note securing the loan of said $4,000,000.00 between Paris Packaging, Inc. and PEDC is scheduled to mature on July 15, 2003, the same date that the obligations of Paris Packaging, Inc. under the original Development Contract would expire; and, WHEREAS, Paris Packaging, Inc. has requested a renewal and extension of the existing note such that said note in the remaining principal amount of $3,392,165.54 would be extended beginning July 15,2003, for an additional one hundred sixty-five (165) monthly payments in the amount of $32,000.00 each, with the final monthly payment ofthe unpaid balance being due and payable on April 15, 2017; and, WHEREAS, in consideration of the acceptance of said renewed and extended note, Paris Packaging, Inc. is prepared to enter into an extended Development Contract on the terms and conditions as set out herein; NOW, THEREFORE, BE IT RESOLVED BY THE CORPORATION: PARIS ECONOMIC D EVELO PMENT Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the President of the Paris Economic Development Corporation, Jay Guest, be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic Development Corporation, that certain Development Agreement by and between Paris Packaging, Inc. and the Paris Economic Development Corporation, a copy of which is attached hereto as Exhibit A and for all purposes incorporated herein. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 16th day of Ap,ril, 2003. hY~nt ATTEST: ( "( 'j....f--~ Curtis Fendley, S í ~ .- etary- Treasurer \ APPROVED AS TO FORM: STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR DEVELOPMENT CONTRACT WHEREAS, Paris Economic Development Corporation, hereinafter called "PEDC," and Paris Packaging, Inc., a Texas Corporation, have previously entered into a Development Contract dated July 15, 1998, containing certain representations and promises associated with the loan of $4,000,000.00 in funds from PEDC to Paris Packaging, Inc. to carryon a manufacturing operation in the city of Paris, Texas; and, WHEREAS, the aforesaid original note securing the loan of said $4,000,000.00 between Paris Packaging, Inc. and PEDC is scheduled to mature on July 15,2003, the same date that the obligations of Paris Packaging, Inc. under the original Development Contract would expire; and, WHEREAS, Paris Packaging, Inc. has requested a renewal and extension of the existing note such that said note in the remaining principal amount of $3,392,165.54 would be extended beginning July 15,2003, for an additional one hundred sixty-five (165) monthly payments in the amount of $32,000.00 each, with the final monthly payment ofthe unpaid balance being due and payable on April 15, 2017; and, WHEREAS, in consideration of the acceptance of said renewed and extended note, Paris Packaging, Inc. is prepared to enter into an extended Development Contract on the terms and conditions as set out herein; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THESE PREMISES, Paris Packaging, Inc. and PEDC agree as follows: 1. That, for the term of this Contract, the same being for an additional one hundred sixty-five (165) months, beginning July 15, 2003, and ending on April 15, 2017, Paris Packaging, Inc. shall operate a business located in Paris, Texas, with a manufacturing facility located at 800 W. Center Street, Paris, Texas, and shall at that location operate said business as a printing, folding carton, and packaging manufacturing facility and/or related manufacturing facility. 2. That Paris Packaging, Inc. agrees to keep employed at the manufacturing facility located in Paris, Texas, at least one hundred sixty (160) employees for the term of this contact, said employment level to be verified by furnishing PEDC a copy of the employer's quarterly employee report furnished to the Texas Workforce Commission. 3. That Paris Packaging, Inc. shall keep the assets purchased insured against fire and the elements in an amount of at least $12,000,000.00, or in an amount equal to the most current appraised value of the property for taxation purposes as said value shall be established by the Lamar County Appraisal District, whichever amount shall be greater, EXHIBIT ß... established by the Lamar County Appraisal District, whichever amount shall be greater, with a loss payable to PEDC as its interest may appear. 4. That, in the event of default on the promissory note approved by PEDC of even date herewith and as described herein, said note shall become a personal liability of David D. Hickerson of Franklin County, Texas. 5. That venue on any controversy arising under this agreement or with regard to the aforesaid note shall lie exclusively in Lamar County, Texas, and shall be subject to and resolved in accordance with the laws of the State of Texas, and in the event of enforcement of said note by the payee, the maker shall be liable for reasonable attorney's fees incurred by the holder for enforcement thereof. DATED this 16th day of April, 2003. PARIS ECONOMIC DEVELOPMENT CORPORATION, INC. By: Jay Guest, President ATTEST: Curtis Fendley, Secretary-Treasurer APPROVED AS TO FORM: Larry W. Schenk, City Attorney PARIS PACKAGING, INC. By: David D. Hickerson, President ATTEST: Secretary