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HomeMy WebLinkAboutAgenda Report - September 18, 1985 (88)z-> CIZy .CamITa.i M'=nrc. $EPTFift 18 1985 RESOLUTIONS APPROVING IDB PRQ.`1 CTS FOR THE MINTOo I COt-Tm ' AND SCE COMPUTER SERVICES, INC,, AND SMING TEM HFARINGS FOR EACH - gES . I\O. 85-132 RES, M. 85-133 Following introduction by City Manager Peterson and Council (l discussion, on motion of Council Member Olson, Reid second, /J Council by unanimous vote adopted the following Resolutions: Resolution No. 85-132 - A Resolution approving an IDB project for the Minton Cornpany and authorizing the City Manager to conduct the TEFRA Hearing at 3:00 p.m., October 4, 1985. Resolution No. 85-133 - A Resolution approving an IDB project for the Wallace Canputer Services, Inc., and authorizing the City Manager to conduct the TEFRA Hearing at 3:00 p.m., October 4, 1985. r7777777r... _ r F - - F ^i - w.x F WALLACE COMPUTER SERVICES, INC. RECEIVED 4600 W ROOSEVELT RD. HILLSIDE, 1LL1N &n r6U6J 7 %" WgNE (312) 449-8600 ALICE M. REIMICHE CITY CLERK CITY OF LO -1 September 16, 1985 Industrial Development Authority of City of Lodi City Hall 221 West Pine Street Lodi, California 95240 Attention: Mr. Thomas A. Petersen Gentlemen: VIA FEDERAL EXPRESS On behalf of Wallace Computer Services, Inc., a Delaware corporation (the "Comiany"), I hereby apply for an industrial development bond issue in an amount estimated not to succeed $3,000,000 to finance the cost of buying land for and constructing and equiping a business forms manufacturing plant to be located on Lots 9 and 10 in Maxwell Industrial Park on South Stockton Streeet in Lodi, California. The plant will be operated by the Company and is expected to create approximately 60 jobs. Enclosed for your information is a copy of the Company's Form 10-K Annual Report for fiscal year 1984,.together with a copy of its proxy statement for its 1984 Annual meeting. If yousholald have any questions or should need any additionalrmation at this time please feel free to telephone _...� me at .4.9767.- YEN IN?USTLIt.L DEVELOPMENT BCND Very truly yours, PRO.=S INFORMATION Craig T. Boyd Assistant Secretary - CTB/vr a s Enc r Industrial Development Authority of City of Lodi Page 2 September 16, 1985 cc: Mary A. Collins Orrick, Herrington & Sutcliffe (with enclosures) Theodore Dimitriou Chairman of the Board, } President and Chief Executive Officer Wallace Computer Services, Inc. Gerald L. Governile Senior Mice President, Secretary and Treasurer. Wallace Computer Services, Inc. i P.O. BOX 520 - MOUNTAIN VIEW,, CALIFORNIA 94042 • TELEPHONE: (415) 968-9800 City of Lodi September 17, 1985 Page Two The bond application will schedule in more detail the estimated coat components of the project. In aummary, we have budgeted 51,050,000 for land, 02,250,000 for building and real estate improvements, 51,250,000 for machinery and equipment, 5450,000 for issuance costs and capitalized interest, totaling $5,000,000. We look forward to a long and mutually rewarding relationship with the City of Lodi. We thank you for your assistance and cooperation in advance. Sincerely, MIN" COMPANY t/ John J. eck IIT Controller JJB/ep cc: Mary Collins Anthony J. Moore Paul Roskoph SINCE 1911 VINT N A CALIFORNIA CORPORAT10cz3 SEP 16 Y14 & 32 P. 0. BOX 520 • MOUNTAIN VIEW, CALIFORNIA 94042 �,j����'}tE�Cy�#Q��25) 968-9800 CITY CLERK CITY C=r Or" September 17, 1985 Mr. Thomas A. Peterson City of Lodi 221 West Pine Street Lodi, California 95240 Dear Mr. Peterson, This letter will state our intent and .request for Industrial Development Bonds in relation to our expansion to Lodi. Please, accept this in place of a bond application until we can submit a complete application. We anticipate being able to submit this to you the week of September 23, 1985. We have reached an agreement to aquire the 21 acre parcel located on Beckman Road known as the Rich Viking Property. This agree- ment is contingent upon obtaining I.D.B. financing. We plan to build a manufacturing facility of approximately 100,000 square feet with an adjacent office space of 5,000 square feet. Initially we will install a state of the art door machining lire and the material handling and storage equipment necessary to start off with approximately three salespersons and one adminis- trative staff with the manufacturing operation requiring approx- imately ten people. We have begun a marketing effort for the Company's unique products which we hope will be of significant impact on our entrance into the San Joaquin/Sacramento building markets. As sales begin to grow and we aquire more equipment, the millwork and hollow metal door and frame operations will start up. We anticipate approximately a two to three year time span from starting manufacturing to a full scale facility. At full scale, we anticipate the total employment to be approximately 35 to 45 people. Full scale operations will include: Flush Door Machining Custom Stile and Rail Panel Door Manufacturing Wood Jamb Manufacturing Hollow Metal Frame Fabrication Hollow Metal Door Modifications Distribution of Hollow Metal Products Custom Architectural Millwork Distribution of Finish Hardware Will Call Sales as well as Sales F.Q.B. Jobsite SINCE 1911 Ms. Alice M. Reimche City Clerk City of .Lodi City Hall P.O. Box 320 221 West Pine Street Lodi, CA 95240 SAN JOSE. CALIFORNIA 95113 55 ALMADEN BOULEVARD TELEPHONE (438) 295-8800 Re: Inducement Resolutions for Industrial Development Bond Projects Dear Alice: I am forwarding to you two forms of suggested inducement resolutions for the Industrial Development Authority of the City of Lodi and the City Council of the City of Lodi for adoption with respect to the projects for Minton Company and Wallace Computer Services, Inc. pursuant to your request. Please review these resolutions and insert any missing information or make any alterations that you wish. I can provide you with retyped resolutions with all of the correct insertions at a later date if you so desire. I am also enclosing two forms, both of which are to be used with respect to the California Debt Limit Allocation Committee. One -of the forms should be filled out indicating a transfer of cap allocation from the City of Lodi to the Industrial Development Authority of the City of Lodi for the Minton project. The other two forms should be filled out as requests for the necessary remaining allocation to be received from the State for the remaining portion of the Minton project and for the Wallace Computer Services, Inc. project. The State requires that you request, initially, cap allocations from the County prior to requesting allocation from ~ � "L-CrE`��- LAW OFFICES ' ORRICK, HERR,INISTON & SUTCLIFFE t Ag U 600 MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 392-1122 J_l1^{l} riTELECOPIER (415) 954.3759 TELEX 70-3520 ^Vi);, 11-1.i-�i_i N:t:E CITY CLERK NEW YORK. NEW YORK`(bO 6 "t-rI_n(l( SACRAMENTO, CALIFORNIA 95814 1211 AVENUE Of THE AMERICAS 555 CAPITOL MALL TELEPHONE (212) 704-9660 TELEPHONE (916) 447-9200 September 13, 1985 WRI-ERS DIRECT DIAL NUMBER Ms. Alice M. Reimche City Clerk City of .Lodi City Hall P.O. Box 320 221 West Pine Street Lodi, CA 95240 SAN JOSE. CALIFORNIA 95113 55 ALMADEN BOULEVARD TELEPHONE (438) 295-8800 Re: Inducement Resolutions for Industrial Development Bond Projects Dear Alice: I am forwarding to you two forms of suggested inducement resolutions for the Industrial Development Authority of the City of Lodi and the City Council of the City of Lodi for adoption with respect to the projects for Minton Company and Wallace Computer Services, Inc. pursuant to your request. Please review these resolutions and insert any missing information or make any alterations that you wish. I can provide you with retyped resolutions with all of the correct insertions at a later date if you so desire. I am also enclosing two forms, both of which are to be used with respect to the California Debt Limit Allocation Committee. One -of the forms should be filled out indicating a transfer of cap allocation from the City of Lodi to the Industrial Development Authority of the City of Lodi for the Minton project. The other two forms should be filled out as requests for the necessary remaining allocation to be received from the State for the remaining portion of the Minton project and for the Wallace Computer Services, Inc. project. The State requires that you request, initially, cap allocations from the County prior to requesting allocation from fvvtwi .. .Y ORRICK, HERRINGTON SUTCLIFFE i Alice M. Reimche September 13, 1985 Page Two the State.- I believe that lfyou check lallocatedFrank Bruno of the County he has already sufficiently or has requests for allocations for its full amount of cap, but this fact needs to be verified with the County. If you have any questions or comments about any of the foregoing, please feel free to contact me. As always, it is a pleasure working with you. Very truly .yours, Mary A. �ji MAC/bdb encls. cc/w. encls: Robert P. Feyer, Esq- John Beck Craig Boyd i NOTICE OF PUBLIC HEARING Notice is hereby given that on , 1985, City Manager, on behalf of the City Council of the Citv of Lodi will hold a public hearing with respect to the proposed issuance by the Industrial Development Authority of the City of Lodi of industrial revenue bonds in an amount not to exceed $5,000,000 for the purpose of assisting -in. the financing of...a facility to be owned and operated by Minton Company, consisting of real and personal property, to be located at 400 South Beckman Street in the City of Lodi, California within the unincorporated area of the County of San Joaquin, and to be used as a manufacturing, shipping and sales facility for _ The hearing will commence at o'clock, a.m., and will be held in Room at , Lodi, California. Interested persons wishing to express their views on the issuance of such bonds or on the nature and location of the facility proposed to be financed will be given an opportunity to do so at the public hearing or may, prior to the time of the hearing, submit written comments to the undersigned at: Office of the City Manager, City of Lodi, 221 West Pine Street, Lodi, California 95240. Dated: , 1985 040839-0002-187-3761c City Manager 09/13/85 1 v-�, INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF L•ODI RESOLUTION NO. A RESOLUTION MAKING DETERMINATIONS WITH RESPECT TO THE FINANCING OF FACILITIES FOR MINTON COMPANY AND AUTHORIZING EXECUTION OF A PRELIMINARY AGREEMENT. WHEREAS Minton Company (the "Applicant"), a California corporation, desires to acquire, construct and install certain real and personal property for use as a manufacturing, shipping and sales facility k t.ie "Facility") ; and WHEREAS the Applicant is willing to locate such Facility within the urisdiction of the Industrial Development Authority of the City of Lodi (the "Authority") if the Authority will issue its revenue bonds to finance such Facility pursuant to the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"); and WHEREAS the Applicant has submitted, and this Board of Directors has accepted, an application requesting financing for such Facility; and WHEREAS the Authority may not issue bonds to finance such Facility until this Board of Directors makes certain determinations with respect to public benefits and qualification of the Facility as required by the Act; and WHEREAS this Board of Directors has carefully considered and discussed the information contained in such application and other information necessary to make such determinations; and WHEREAS this Board of Directors desires to induce the Applicant to commence acquisition, construction and installation of the Facility at the earliest possible time so as to produce the publ'c benefits set forth herein; NOW, THEREFORE, the_3oard of Directors of the Industrial Development Authority of the City of Lodi does resolve as follows: Section 1. This Board of Direc•,.ors hereby finds and determines: (a) That the use of the Facility as a manufacturing, shipping and sales facility is in accord with Section 91503 of the Act; (b) That the use of the Facility is likely to produce employment benefits by securing and increasing the number of employees of the Applicant and the compensation for such employment; (c) That the issuance of revenue bonds by the Authority in an amount sufficient to finance the Facility, which is now eGtimated to be approximately $5,000,000, is likely to be a substantial factor in the accrual of each of such public benefits from the use of the Facility; and 2 040839-0002-187-3761c 09/13/85 (d) That the proposed financing is otherwise in accord with the purposes and requirements of the Act. Section 2. It is the present intent of the Authority to issue, at one time or from, time to time, bonds in the amount described in Section 1. Section 3. In order to set forth more fully the obligations of the Applicant and the Authority in connection with the issuance of such bonds, the Chairperson is hereby authorized to execute and deliver, in the name and on behalf of the Authority, a Preliminary Agreement between the Authority and the Applicant in substantially the form before this meeting, which is hereby approved in all respects and by this reference incorporated in this Resolution. Section 4. The Secretary or Assistant Secretary is hereby authorized and directed as soon as possible to certify and file with the City Council of the City of Lodi a copy of the application from the Applicant accepted by this Board of Directors, to the date of such certification and filing. Section S. This Resolution shall take effect immediately upon its passage. 3 040839-0002-187-3761c 09/13/85 The foregoing Resolution was passed and adopted by the Industrial Development Authority of the City of Lodi on , 1985, by the following vote: AYES: NAYS: 4BSENT : ATTEST: Chairperson Secretary 4 040839-0002-187-3761c 09/13/85 M NATE OF CALIFORNIA j CITY OF LODI ) CERTIFICATE I, the undersigned, the duly appointed, qualified and acting Secretary of the Industrial Development Authority of the City of Lodi, do hereby certify that attached hereto is a true, complete and correct ,copy of Resolution No. adopted at a duly called meeting of the Board of Directors of said Authority held in accordance with law on 1985, at which meeting a quorum was present and acting throughout., all as appears :n the records of the Board of Directors of said Authority in my custody as Secretary of the Authority. IN WITNESS WHEREOF, I have hereunto subscribed my name this —— day of _ __ _ , 1985. Secretary Industrial Development Authority of the City of Lodi 5 040839-0002-187-3761c 09/13/85 EXHIBIT A PRELIMINARY AGREEMENT THIS PRELIMINARY AGREEMENT is between the Industrial Development Authority of the City of Lodi (tt�v "Authority"), a municipal corporation in the State of California, and Minton Company, a California corporatipf! (�3 "Applicant"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement orq the following: (a) The Authority is authorized pursuant to rhv provisions of the California Industrial Development Fin4pCng Act, being Title 10 of the California Government Code, ## supplemented and amended (the "Act"), to issue its revap4a bonds to finance certain facilities. (b) The Applicant intends to acquire, cvnstfgct and install facilities for use as a manufacturing, shipping and sales facility (`) "Project"), located within the City. The cost of the Project, including financing and incidental costs, is expected to be approximately $5,000,000. The Applicant. requested that the Authority assist the Applicant in defraying all or a portion of the cost of the Project )�y issuing its revenue bonds in an amount not to exceed $5,000,000. (c) The Authority has determined that the yob of the Project is in accord with the Act and that the prgp,pgi�rd financing will produce public benefits as contemplated Py wax Act. (d) The revenue bonds of the Authority shalt be special obligations of the Authority payable solely oi4t of the revenues and receipts derived with respect to the Project; and the Project shall be financed for the App�lC;*nt under an agreement pursuant to which the Applicant will- p*y an amount sufficient to pay the principal of, premium, if any, and interest on such revenue bonds. No holder of ,any such bonds shall have the right to compel any exercise r_af the taxing power of the Authority to pay any amounts due pp guch bonds, and such bonds shall not constitute a debt or liability of the Authority. (e) Subject to due compliance with all requirements of law, by virtue of such authority as may now or hereafter be conferred, and subject to receipt of adequate assurance from the Applicant that there are one or more purchasers for the bond:, the Authority will issue and sell its revenue bonds in an amount sufficient to finance the Project, or such portion thereof as shall be determined by the Applicant and the Authority, but not to exceed $5,000,000, to pay costs of the Project, including expenses incidental to the issuance of the bonds. 2. Undertakings on the Part of the Authority. Subject to the conditions above stated, the Authority agrees as follows: (a) That it will authorize the issuance and sale of the bonds pursuant to its lawful authority at one time or from time to time. (b) That it will enter into a loan agreement, lease agreement or installment sale agreement with the Applicant whereby the Applicant will pay to or on behalf of the Authority such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same shall become due and payable. 3. Undertakings on the Part of the Applicant. Subject to the conditions above stated, the Applicant agrees as follows: (a) That it will use all reasonable efforts to find one or more purchasers for the bonds. (b) That contemporaneously with the delivery of the bonds it will enter into a loan agreement (as borrower), a lease agreement (as lessee) or an installment sale agreement (as purchaser) with the Authority, under the terms of which the Applicant will obligate itself to pay to or on behalf of the Authority sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same shall become due and payable and to pay all expenses of the Authority in connection with the financing, and which agreement shall contain such other provisions as shall be mutually acceptable or as shall be required by the Act. 2 040839-0002-187-3761c 09/13/85 PON ►•� 4. General Provisions. (a) All commitments of the Authority under paragraph 2 hereof and of the Applicant under paragraph 3 hereof are subject to the condition that on or before two years from the date hereof (or such other date as shall be mutually satisfactory to the Authority and the Applicant), the Authority and the Applicant shall have agreed to mutually acceptable terms and conditions of the financing agreement and of the bonds and other instruments of proceedings Zelating to the bonds. (b) The Applicant agrees that it will reimburse the Authority for all reasonable and necessary expenses which the Authority may have incurred at the request of the Applicant arising from the execution of this Agreement and performance by the Authority of its obligations hereunder, and will pay the fees and expenses of such counsel, including counsel for the Authority and bond counsel, a!; may have been retained in connection with the proposed financing. If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the bonds in an amount of approximately the amount stated above are not sold within such time, this Agreement shall thereupon terminate, subject to Applicant's obligations under this section (b). IN WITNESS WHEREOF, the Authority and the Applicant have entered into this Agreement by their duly authorized officers as of the day of 1985. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF LODI By Chairperson MINTON COMPANY By 3 040839-0002-187-3761c 09/13/85 NOTICE OF FILING OF AN APPLICATION WITH 1'h.: INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF LODI NOTICE IS HEREBY GIVEN, that an application has been filed with the Industrial Development Authority of the City of Lodi (the "Authority"), and that the Authority has accepted the application from Minton Company (the "Applicant"), requesting that the Authority issue its revenue bonds in an estimated principal amount of $5,000,000 to pay costs of facilities to be located at 400 South Beckman Street in the City of Lodi, which consist of real and personal property to be used by the Applicant as a manufacturing, shipping and sales facility. Such bonds will be payable solely from revenues derived under a financing agreement to be executed between the Authority and the Applicant and will not constitute any pledge of the faith and credit of the City of Lodi. 040839-0002-187-3761c 09/13/85 :'• ... _ . inn , _� ,.. �. IAIIlII�ISIAlI�IgRIA Further particulars may be obtained by reviewing the application at the Authority's office, located at 221 West Pine Street, Lodi, California 95240, during regular business hours. Dated: Secretary Industrial Development Authority of the City of Lodi 040839-0002-187-3761c 09/13/85 CITY COUNCIL OF THE CITY OF LODI RESOLUTION NO. A RESOLUTION APPROVING A PROJECT FOR MINTON COMPANY WHEREAS the Industrial Development Authority of the City of Lodi (the "Authority") has accepted and filed with this City Council an application from Minton Company (the "Applicant") requesting that the Authority issue 4ts revenue bonds pursuant to the California Industrial Development Financing Act, being. Title 10 of the California Government Code, as supplemented and amended (the "Act"), to finance the acquisition and construction of certain facilities (the "Project") to be used by the Applicant; and WHEREAS the Board of Directors of the Authority has made the determinations required to be made by it pursuant to Section 91530 of the Act preliminary to the issuance by the Authority of such revenue bonds; and WHEREAS this City Council has considered the information contained in the aforesaid application and has considered the determinations of the Board of Directors of the Authority; NOW, THEREFORE, the City Council of the City of Lodi do[es] resolve as follows: Section 1. The City Council hereby approves the Project, subject:to fulfillment of all requirements under the Act, and approves the issuance of revenue bonds of the Authority to finance costs of the Project, which bonds and the interest thereon_ shall be paid from revenues received by the Authority from the Applicant pursuant to a financing agreement with respect to the Project to be entered into between the Authority and the Applicant_ Section 2. In order to comply with the public hearing requirements of Section 103(k) of the Internal Revenue Code of 1954, as zamend6d, the City Council hereby designates ,City Manager of the City, to hold a public hearing on behalf of the Council with respect to the proposed issuance of the Bonds, on at o'clock _.m. at The City Clerk is hereby authorized and directed to publish notice of such hearing in accordance with said Section 103(k). Section 3. The City Council hereby allocates the City's private activity bond allocation, as described in Section 103(n) of the Internal Revenue Code of 1954, as amended, for the year 1985 to the Project and directs the Clerk or Deputy Clerk to forward this Resolution to the Board. of Supervisors of the County of San Joaquin in request of an allocation from the County of the County's private activity bond allocation in an amount sufficient to enable the Authority to issue bonds for the Project and, in the event the County is unable or unwilling to allocate a portion of its private activity bond allocation -o the Project, the 2 040839-0002-187-3761c 09/13/85 Clerk or Deputy Clerk is hereby directed to request an allocation from the State by mailing an application to the California Debt Limit Allocation Committee. Section 4. The Clerk or a Deputy Clerk is hereby directed to certify and deliver this Resolution to the Authority. Section 5. This Resolution shall take effect immediately upon its passage. The foregoing Resolution was passed and adopted by the City Council of the City of Lodi on 1985, by the following vote: T YE NAYS: ABSENT: ATTEST: 3 040839-0002-187-3761c Mayor City Clerk 09/13/85 CLERK'S CERTIFICATE I, the undersigned, the City Clerk of the City of Lodi, hereby certify that the foregoing is a full, true and correct copy of a resolution duly introduced and adopted at a special meeting of the City Council of the City of Lodi duly and regularly held on the day of 1985, of which meeting all of the members of said City Council -had due notice and at which a majority thereof were present; and that said resolution was adopted by the following vote: AYES: NOES: ABSENT: I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution so adopted and entered in said minutes; and that said resolution has'not been amended, modified or rescinded since the date of its adoption and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lodi this day of , 1985. [SEAL) 040839-0002-187-3761c 4 City Clerk 09/13/85 3 NOTICE OF PUBLIC HEARING Notice is hereby given that on , 1985, City Manager, on behalf of the City Council of the City of Lodi will hold a public hearing with respect to the proposed issuance by the Industrial Development Authority of the City of Lodi of ::rdustrial revenue bonds ire an amount not to exceed $3,000,000 for the purpose of assisting in the financing of.a facility to be owned and operated by Wallace Computer Services, Inc., consisting of real and personal property, to be located at 831-843 South Stockton Street in the City of Lodi, California within the unincorporated area of the City of Lodi, and to be used as a business forms manufacturing plant. The hearing will commence at _ o'clock, a.m., and will be held in Room at Lodi, California. Interested persons wishing to express their views on the issuance of such bonds or on the nature and location of the facility proposed to be financed will be given an opportunity to do so at the public hearing or may, prior to the time of the hearing, submit written comments to the undersigned at: Office of the City Manager, City of Lodi, 221 West Pine Street, Lodi, California 95240. Dated: , 1985 000001-0439-187-3762c City Manager 09/13/85. r1 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF LODI RESOLUTION NO. A RESOLUTION MK'ING DETERMINATIONS WITH RESPECT TO THE FINANCING OF FACILITIES FOR WALLACE COMPUTER SERVICES, INC. AND AUTHORIZING EXECUTION OF A PRELIMINARY AGREEMENT. WHEREAS Wallace Computer Services, Inc. (the "Applicant"), a Delaware -corporation, desires to acquire, construct and install certain real and personal property for use as a business forms manufacturing plant (the "Facility"); and WHEREAS the Applicant is willing to locate such Facility within the jurisdiction of the Industrial Development Authority of the City of Lodi (the "Authority") if the Authority will issue its revenue bonds to finance such Facility pursuant to the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"); and WHEREAS the Applicant has submitted, and this Board of Directors has accepted, an application requesting financing for such Facility; and WHEREAS the Authority may not issue bonds to finance such Facility until this Board of Directors makes certain determinations with respect to public benefits and qualification of the Facility as required by the Act; and WHEREAS this Board of Directors has carefully considered and discussed the information contained in such application and other information necessary to make such determinations; and WHEREAS this Board of Directors desires to induce the Applicant to commence acquisition, construction and installation of the Facility at the earliest possible time so as to produce the public benefits set forth herein; NOW, THEREFORE, the Board of Directors of the Industrial Development Authority of the City of Lodi does resolve as follows: Section 1. This Board of Directors hereby finds and determines: (a) That the use of the Facility as a ti business forms manufacturing plant is in accord with Section 91503 of the Act; (b) That the use of the Facility is likely to produce employment benefits by securing and increasing the number of employees of the Applicant and the compensation for such employment; (c) That the issuance of revenue bonds by the Authority in an amount sufficient to finance the Facility, which is now estimated to be approximately $3,000,000, is likely to be a substantial factor in the accrual of each of such public benefits from the use of the Facility; and 2 000001-0439-187-3762c 09/13/85 (d) That the proposed financing is otherwise in accord with the purposes and requirements of the Act. Section 2. It is the present intent of the Authority to issue, at one time or from time to time, bonds in the amount described in Section 1. Section 3. In order to set forth more fully the obligations of the Applicant and the Authority in connection with the issuance of such bonds, the Chairperson is hereby authorized to execute and deliver, in the name and on behalf of the Authority, a Preliminary Agreement between the Authority and the Applicant in substantially the form before this meeting, which is hereby approved in all respects and by this reference incorporated in this Resolution. Section 4. The Secretary or Assistant Secretary is hereby authorized and directed as soon as possible to certify and file with the City Council of the City of Lodi a copy of the application from the Applicant accepted by this Board of Directors, to the date of such certification and filing. Section 5. This Resolution shall take effect immediately upon its passage. 3 000001-0439-187-3762c 09/13/85 The foregoing Resolution was passed and adopted by the Industrial Development Authority of the City of Lodi ort 1985, by the following vote: AYES: NAYS: ABSENT: ATTEST: 0 000001-0439-187-3762c .csacxaxe� >AGi92 izv�v �r Chairperson Secretary 09/13/85 I, the undersigned, the duly appointed, qualified and acting Secretary of the Industrial Development Authority of the City of..Lodi;.do hereby certify that attached hereto is a true, complete and correct copy of Resolution No. , adopted at a duly called meeting of the Board of Directors of said Authority held in accordance with law on , 1985, at which meeting a quorum was present and acting throughout, all as appears in the records of the Board of Directors of said Authority in my custody as Secretary of the Authority. IN WITNESS WHEREOF, I have hereunto subscribed my name this day of 1985. 5 000001-0439-187-3762c Secretary Industrial Development Authority of the City of Lodi 09/13/85 I PYRTRTT A PRELIMINARY AGREEMENT THIS PRELIMINARY AGREEMENT is between the Industrial Development Authority of the City of Lodi (the "Authority"), a municipal corporation in the State of California, and Wallace Computer Services, Inc., a Delaware corporation (the "Applicant"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The Authority is, authorized pursuant to the provisions of the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"), to issue its revenue bonds to finance certain facilities. (b) The Applicant intends to acquire, construct and install facilities for use as a business forms manufacturing plant (the "Project"), located within the City. The cost of the Project, including financing and incidental costs, is expected to be approximately $3,000,000. The Applicant has requested that the Authority assist the Applicant in defraying all or a portion of the cost of the Project by issuing its revenue bonds in an amount not to exceed $3,000,000. (c) The Authority has determined that the use of the Project is in accord with the Act and that the proposed financing will produce public benefits as contemplated by the Act. (d) The revenue bonds of the Authority shall be special obligations of the Authority payable solely out of the revenues and receipts derived with respect to the Project; and the Project shall be financed for the Applicant under an agreement pursuant to which the Applicant will pay an amount sufficient to pay the principal of, premium, if any, and interest on such revenue bonds. No holder of any such bonds shall have the right to compel any exercise of the taxing power of the Authority to pay any amounts due on such bonds, and such bonds shall not constitute a debt or liability of the Authority. (e) Subject to lue compliance with all requirements of law, by virtue of such authority as may now or hereafter be conferred, and subject to receipt of adequate assurance from the Applicant that there are one or more purchasers for the bonds, the Authority will issue and sell its revenue bonds in an amount sufficient to finance the Project, or such portion thereof as shall be determined by the Applicant and the Authority, but not to exceed $3,000,000, to pay costs of the Project, including expenses incidental to -the issuance of.the bonds. 2. Undertakings on the Part of the Authority. Subject to the conditions above stated, the Authority agrees as follows: (a) That it will authorize the issuance and sale of the bonds pursuant to its_.lawful-authority at one time or from time to time. (b) That it will enter into a loan agreement, lease agreement or installment sale agreement with the Applicant whereby the Applicant will pay to or on behalf of the Authority such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the bonds as and when -she same shall become due and payable. 3. Undertakings on the Part of the Applicant. Subject to the conditions above stated, the Applicant agrees as follows: (a) That it will use all reasonable eforts to find one or more purchasers for the bonds. (b) That contemporaneously with the delivery of the bonds it will enter into a loan agreement (as borrower), a lease agreement (as lessee) or an installment sale agreement (as purchaser) with the Authority, under the terms of which the Applicant will obligate itself to pay to or on behalf of the Authority sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same shall become due and payable and to pay all expenses of the Authority in connection with the financing, and which agreement shall contain such other provisions as shall be mutually acceptable or as shall be required by the Act. 4. General Provisions. (a) All commitments of the Authority under paragraph 2 hereof and of the Applicant under paragraph 3 hereof are subject to the condition that on or before two years from the date hereof (or such other date as shall be mutually satisfactory to the Authority and the Applicant), the Authority and the Applicant shall have agreed to mutually 3 2 000001-0439-187-3762c 09/13/85 - _ mmm�mm�mr 3. 000001-0439-187-3762c 09/13/85 acceptable terms and conditions of the financing agreement and of the bonds and other instruments of proceedings ' relating to the bonds. 1 (b) The Applicant agrees that it will reimburse the Authority for all reasonable and necessary expenses which the Authority may have incurred at the request of the Applicant arising from the execution of this Agreement and performance by the Authority of its obligations hereunder, and will pay the fees and expenses of such counsel, including counsel for the Authority and bond counsel, as may have been retained in connection with the proposed financing. If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the bonds in an amount of approximately the amount stated above are not sold within such time, this Agreement shall thereupon terminate, subject to Applicant's obligations under this section (b). 11.7 WITNESS WHEREOF, the Authority and the Applicant have entered into this Agreement by their duly authorized officers as of the day of 1985. t INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF LODI 8 i Chairperson WALLACE COMPUTER SERVICES, INC. BY 3. 000001-0439-187-3762c 09/13/85 NOTICE OF FILING OF AN APPLICATION WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF LODI NOTICE IS HEREBY GIVEN, that an application has been filed with the Industrial Development Authority of the City of Lodi (the "Authority"), and that the Authority has accepted the application from Wallace Computer Services, Inc_ (the "Applicant"), requesting that the Authority issue its revenue bonds in an estimated principal amount of $3,000,000 to pay costs of facilities to be located at 831-843 South Stockton Street in the City of Lodi, which consist of real and personal property to be used by the Applicant as a business forms manufacturing plant. Such bonds will be payable -solely from revenues derived under a financing agreement to be executed between the Authority and the Applicant and will not constitute any pledge of the faith and credit of the City of Lodi. 000001-043.9-187-3762c c Further particulars may be obtained by reviewing the application at the Authority's office, located at 221 West Pine Street, Lodi, California 95240, during regular business hours. Dated: 000001-0439-187-3762c Secretary Industrial Development Authority of the City of Lodi 09/13/85 CITY,COUNCIL OF THE CITY OF LODI RESOLUTION NO. A RESOLUTION APPROVING A PROJECT FOR WALLACE COMPUTER SERVICES, INC. WHEREAS the Industrial Development Authority of the _ City of Lodi (the "Authority") has accepted and filed with this City Council an application from Wallace Computer Services, Inc. (the:"App'licant") requesting that.the. Authority issue its revenue bonds pursuant to the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"), to finance the acquisition and construction of certain facilities (the "Project") to be used by the Applicant; and WHEREAS the Board of Directors of the Authority has made the determinations required to be made by it pursuant to Section 91530 of the Act preliminary to the issuance by the Authority of such revenue bonds; and WHEREAS this City Council has considered the information contained in the aforesaid application and has considered the determinations of the Board of Directors of the Authority; NOW, THEREFORE, the City Council of the City of Lodi do[es] resolve as follows: W Section 1. The City Council hereby approves the Project, subject to fulfillment of all requirements under the Act, and approves the issuance of revenue bonds of the Authority to finance costs of the Project, which bonds and the interest thereon shall be paid from revenues received by the Authority from the Applicant pursuant to a financing agreement with respect to the Project to be entered into between the Authority and the Applicant. Section 2. In order to comply with the public hearing requirements of Section 103(k) of the Internal Revenue Code of 1954, as amended, the City Council hereby designates City Manager of the City, to hold a public hearing on behalf of the Council with respect to the proposed issuance of the Bonds, on at o'clock _ .m. at The City Clerk is hereby authorized and directed to publish notice of such hearing in accordance with said Section 103(k). Section 3. The City Council has heretofore allocated all of the City's private activity bond allocation, as described in Section 103(n) of the Internal Revenue Code of 1954, as amended, for the year 1985 to another project and directs the Clerk or Deputy Clerk to forward this Resolution to the Board of Supervisors of the County of San Joaquin in request of an allocation from the County of the County's private activity bond allocation in an amount sufficient to enable the Authority to issue bonds for the Project and, in 2 000001-0439-187-3762c 09/13/85 �che event the County is unable or unwilling to allocate a portion of its private activity bond allocation to the Project, the Clerk or Deputy Clerk is hereby directed to request an allocation from the State by mailing an application to the California Debt Limit Allocation Committee. i Section 4. The Clerk or a Deputy Clerk is hereby directed to certify and deliver this Resolution to the Authority. Section 5. This Resolution shall take effect - immediately upon its passage. The foregoing Resolution was passed and adopted by the City Council of the City of Lodi on 1985, by the following vote: AYES: NAYS: ABSENT: 000001-0439-187-3762c ATTEST: Mayor City Cler 3 09/13/85 CLERK'S CERTIFICATE I, the undersigned, the City Clerk of the City of Lodi, hereby certify that the foregoing is a full, true and correct copy of a resolution duly introduced and adopted at a special meeting of the City Council of the City of Lodi duly and regularly held on the day of , 1985, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that said resolution was adopted by the following vote: AYES: NOES: ABSENT: I further.certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution so adopted and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lodi this day of , 1985 City Clerk [SEAL] 4 000001-0439-187-3762c 09/13/85 • REPORT OF ACTION TAKEN WITH RESPECT TO PRIVATE ACTIVITY BONDS CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE P.O. Box 1919 Sacramento, California 95809 (916) 324-0310 Please complete this form within 15 days of taking of any action described below (in Section I.) and mail to the above address. NAME OF ISSUER: ADDRESS: COUNTY: CONTACT PERSON: •TITLE: TELEPHONE: DATE OF THIS REPORT: I. ACTION TAKEN: (Check one.) A) ISSUANCE OF BONDS (Complete Section II. below.) B) TRANSFER OF ALLOCATION (Complete Section III. below.) C) CARRYFORWARD ELECTION: DATE ACTION TAKEN: PRINCIPAL AMOUNT: $ NAME OF PRIVATE USER AND/OR DESCRIPTION OF PROJECT: II. FOR ISSUANCE OF BONDS: SOURCE OF ALLOCATION: (Check one or more.) ISSUER'S ALLOCATION FOR CURRENT YEAR TRANSFER (Name of Donor CARRYFORWARD FROM PRIOR YEAR III• FOR TRANSFER: NAME OF GOVERNMENTAL UNIT TO WHOM ALLOCATION WAS TRANSFERRED: DESCRIBE ANY LIMITATIONS ON, TRANSFER: REPORT OF ACTION TAKEN WITH RESPECT TO..PRIVATE !ACTIVITY BONDS CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE P.O. Box 1919 Sacramento, California 95809 (916) 324-0310 Please complete this form within 15 days of taking of any action described below (in Section I.) and mail to the above address - NAME OF ISSUER: ADDRESS: COUNTY: CONTACT PERSON: •TITLE: TELEPHONE: DATE OF THIS REPORT: I. ACTION TAKEN: (Check one.) A) ISSUANCE OF BONDS (Complete Section II. below.) B) TRANSFER OF ALLOCATION (Complete Section III. below.) C) CARRYFORWARD ELECTION: DATE ACTION TAKEN: PRINCIPAL AMOUNT: $ NAME OF PRIVATE USER AND/OR DESCRIPTION OF PROJECT: II. FOR ISSUANCE OF BONDS: SOURCE OF ALLOCATION: (Check one or more.) ISSUER'S ALLOCATION FOR CURRENT YEAR TRANSFER (Name of Donor: ) CARRYFORWARD FROM PRIOR YEAR III. FOR TRANSFER: NAME OF GOVERNMENTAL UNIT TO WHOM ALLOCATION WAS TRANSFERRED: DESCRIBE ANY LIMITATIONS ON TRANSFER: r A P P L I C A T I O N REQUEST FOR TRANSFER OF STATE SHARE ALLOCATION FOR PRIVATE ACTIVITY BONDS CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE P.O. Box 1919 915 Capitol Mall, Room 417 Sacramento, CA 95809 (916) 324-0310 NAME OF ISSURER: ADDRESS: -COUNTY.- CONTACT OUNTY:CONTACT PERSON: TITLE: PHONE: ALLOCATION AMOUNT REQUESTED: (Attach information, on status of allocation and other allocation already transferred or requested for this project) PROJECT NAME: (Attach background description) TYPE OF FACILIT : PROJECT LOCATION: COUNTY: PROJECT BENEFITS: (Attach background description) DATE OF INDUCEMENT RESOLUTION: (Attach copy of Resolution) _ PROPOSED DATE OF SALE OF BOND: NAME OF INDIVIDUAL COMPLETING THIS FORM, IF DIFFERENT PROM CONTACT PERSON NOTED ABOVE: ADDRESS: PHONE: DATE OF COMPLETION: Revised 6/25/85 • w A P P L I C A T I O N REQUEST FOR TRANSFER OF STATE SHARE ALLOCATION FOR PRIVATE ACTIVITY BONDS CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE P.O. Box 1919 915 Capitol Mall, Room 417 Sacramento, CA 95809 (916) 324-0310 NAME OF'ISSURER: ADDRESS: COUNTY: CONTACT PERSON: TITLE: PHONE: ALLOCATION AMOUNT REQUESTED: (Attach information on status of allocation and other allocation already transferred or requested for this project) PROJECT,. NAME : (Attach background description) TYPE OF FACILITY: PROJECT LOCATION: COUNTY: PROJECT BENEFITS: (Attach background description) DATE OF INDUCEMENT RESOLUTION: (Attach copy of Resolution) PROPOSED DATE OF SALE OF BOND: NAME OF INDIVIDUAL COMPLETING THIS FORM, IF DIFFERENT FROM CONTACT PERSON NOTED ABOVE: ADDRESS: PHONE: DATE OF COMPLETION: Revi-:ed 6/25/85 CITY COUNCIL OF THE CITY OF LODI RESOLUTION NO. 85-132 A RESOLUTION APPROVING A PROJECT FOR MINTON COMPANY WHEREAS the Industrial Development Authority of the City of Lodi (the "Authority") has accepted and filed with this City Council an application from Minton Company (the "Applicant") requesting that the Authority issue its revenue bonds pursuant to the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"), to finance the acquisition and construction of certain facilities (the "Project") to be used by the Applicant; and WHEREAS the Board of Directors of the Authority has made the determinations required to be made by it pursuant to Section 91530 of the Act preliminary to the issuance by the Authority of such revenue bonds; and WHEREAS this City Council has considered the information contained in the aforesaid application and has considered the determinations of the Board of Directors of the Authority; NOW, THEREFORE, the City Council of the City of Lodi doles) resolve as follows: Section 1. The City Council hereby approves the Project, subject to fulfillment of all requirements under the 85-132 Act, and approves the issuance of revenue bonds of the Authority to finance costs of the Project, which bonds and the interest thereon shall be paid from revenues received by the Authority from the Applicant pursuant to a financing agreement with respect to the Project to be entered into between the Authority and the Applicant. Section 2. In order to comply with the public hearing requirements of Section 103(k) of the Internal Revenue Code of 1954, as amended, the City Council hereby designates Tunas A. Peterson City Manager of the City, to hold a public hearing on behalf of the Council with respect to the proposed issuance of the Bonds, onOctober 4, 1985 at 3:00 of clock p.m. at the City Council The City Clerk is hereby Chambers, 2 West Pine Street, Lodi, CA authorized and directed to publish notice of such hearing in accordance with said Section 103(k). Section 3. The City Council hereby allocates the City's private activity bond allocation, as described in Section 103(n) of the Internal Revenue Code of 1954, as amended, for the year 1985 to the Project and directs the Clerk or Deputy Clerk to forward this Resolution to the Board of Supervisors of the County of San Joaquin in request of an allocation from the County of the County's private activity bond allocation in an amount sufficient to enable the Authority to issue bonds for the Project and, in the event the County is unable or unwilling -to allocate a portion of its private activity bond allocation to the Project, the 2 040839-0002-187-3761c 09/13/85 Clerk or Deputy Clerk is hereby directed to request an allocation from the State by mailing an application to the California Debt Limit Allocation Committee. Section 4. The Clerk or a Deputy Clerk is hereby directed to certify and deliver this Resolution to the Authority. Section 5. This Resolution shall take effect immediately upon its passage. The foregoing Resolution was passed and adopted by the City Council of the City of Lodi on September 18 1985, by the following vote: AYES Council Members - Olson, Pinkerton, Reid, Snider, and Hinchman (Mayor) NAYS: Council Members - None ABSENT: Council Members - None c David M. Hinc a or ATTEST: CitY Clerk Alice M. Reim he 3 040839-0002-187-3761c 09/13/85 ww as? 45V}Yc'xi CLERK'S CERTIFICATE I, the undersigned, the City Clerk of the City oX Lodi, hereby certify that the foregoing is a full, true and correct copy of a resolution duly introduced and adopted a -t a special meeting of the City Council of the City of Lodi duly and regularly held on the lath day of September, 1985, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that said resolution was adopted by the following vote: AYES: Council MenbPss - Olson, Pinkerton, Reid, Snider, and Hinchnan (Mayor) NOES: Council Members - None ABSENT: Council Members - None I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution so adopted and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lodi this 18th day of September, 1985. C&_v/42(,C Clrk [SEAL) Alice M. Reimche 4 040839-0002-187-3761c 09/13/85 i CITY COUNCIL OF THE CITY OF LODI RESOLUTION NO. 85-133 A RESOLUTION APPROVING A PROJECT FOR WALLACE COMPUTER SERVICES, INC. WHEREAS the Industrial Development Authority of the City of Lodi (the "Authority") has accepted and filed with. this City Council an application from Wallace Computer Services, Inc. (the "Applicant") requesting that the Authority issue its revenue bonds pursuant to the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"), to finance the acquisition and construction of certain facilities (the "Project") to be used by the Applicant; and WHEREAS the Board of Directors of the Authority has made the determinations recruired to be made by it pursuant to Section 91530 of the Act preliminary to the issuance by the Authority of such revenue bonds; and WHEREAS this City Council has considered the information contained in the aforesaid application and has considered the determinations of the Board of Directors of the Authority; NOW, THEREFORE, the City Council of the City of Lodi do[es] resolve as follows: 85-133 Section 1. The City Council hereby approves the Project, subject to fulfillment of all requirements quirements under the Act, and approves the issuance of revenue bonds of the Authority to finance costs of the Project, which bonds and the interest thereon shall be paid from revenues received by the Authority from the Applicant pursuant to a financing agreement with respect to the Project to be entered into between the Authority and.the Applicant. Section 2. In order to comply with the public hearing requirements of Section 1O3(k) of the Internal Revenue Code of 1954, as amended, the City Council hereby designates Thcmas A. Petersop City Manager of the City, to hold a public hearing on behalf of the Council with respect to the proposed issuance of the Bonds, on Oct. 4, 1985 at 3:00 o'clock -P_.ri. at the City Council The City Clerk is hereby. Chambers, 221 West Pine Street, Lodi, CA authorized and directed to publish notice of such hearing in accordance with said Section 1O3(k). Section 3. The City Council has heretofore allocated all of the City's private activity bond allocation, as described in Section 1O3(n) of the Internal Revenue Code of 1954, as amended, for the year 1985 to another project and directs the Clerk or Deputy Clerk to forward this Resolution to the Board of Supervisors of the County of San Joaquin in request of an allocation from the County of the County's private activity bond allocation in an amount sufficient to enable the Authority to issue bonds for the Project and, in 2 000001-04397187-3762c 09/13/85 the event the County is unable or unwilling to allocate a portion of its private activity bond allocation to the Project, the Clerk or Deputy Clerk is hereby directed to request an allocation from the State by mailing an application to the California Deb;,: Limit Allocation Committee. ., Section 4. The Clerk or a Deputy Clerk is hereby directed to certify and deliver this Resolution to the Authority. Section 5. This Resolution shall take effect immediately upon its passage. The foregoing Resolution was passed and adopted by the City Council of the City of Lodi on September 18 1985, by the following vote: AYES: Council. Members - Olson, Pinkerton, Reid, Snider, and Hindman (Mayor) NAYS: Council Members - None ABSENT: Council Members - None David M. HincVoonr ATTEST: X20 0 CitV Clerk Alice M. Reimcne 3 000001-0439-187-3762c 09/13/85 7"-77777f_. • Vim• ! � CLERK'S CERTIFICATE 1 I, the undersigned, the City Clerk of the City of Lodi, hereby certify that the foregoing is a full, true and correct copy of a resolution duly introduced and adopted at a special meeting of the City Council of the City of Lodi duly and regularly held on the 18th day of September, 1985, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that said resolution was adopted by the following vote: AYES: Council Members - Olson, Pinkerton, Reid, Snider, and Hinchnan (Mayor) NOES: Council Members - None ABSENT: Council Members - None I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution so adopted and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lodi this 18th day Of Septanbes, 1985. 4CVy Clerk [ SEAL ) Alice M. Reimche 4 000001-0439-187-3762c 09/13/85