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That the Mayor and City Clerk be, and they are hereby authorized and directed for and on behalf of the City to execute, acknowledge and deliver a First Supplemental Lease and Agreement to that Lease and Agreement wherein the City is Lessor and Westport Casuals, Inc, is Lessee, dated December 1, 1968, in substantially the form and with substantially the contents hereafter set forth, and which form of First Supplemental Lease and Agreement is hereby made a part hereof: FIRST SUPPLEMENTAL LEASE AND AGREEMENT This FIRST SUPPLEMENTAL LEASE AND AGREEMENT made as of the first day of June, 1969, by and between the City of Batesville, Arkansas (the "Lessor") and WESTPORT CASUALS, INC., an Arkansas corporation (the "Lessee"): WITNESSETH: WHEREAS the Lessor and the Lessee entered into a Lease and Agree- ment dated December 1, 1968 and appearing of record in the office of the Circuit Clerk and Ex Officio Recorder of Independence County, Arkansas, at Lease Record Book No. 18, Pages 137-202 (the "original Lease Agreement"); and WHEREAS the property description set forth on Exhibit A to the ti original Lease Agreement does not include all of the property to be included in the leased premises and it is necessary to enlarge the property description; and WHEREAS the purpose of this First Supplemental Lease and Agreement is to amend Exhibit A to enlarge the property description; NOW, THEREFORE, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED BY ALL PARTIES HERETO, and in consi- deration of the mutual benefits and covenants of the parties under the original Lease Agreement and under this First Supplemental Lease and Agreement, Lessor and Lessee agree as follows: Section 101 . The original Lease Agreement is hereby amended and supplemented as follows: "The following lands situated in Independence County, Arkansas are hereby added to the lands referred to in Exhibit A to the original Lease Agreement: Page 2 A part of the West Half (W1/2) of Section 10, Township 13 North, Range 6 West, described thus: Beginning at a point 811.1 feet East and 591 .8 feet South of the North- west corner of Section 10, Township 13 North, Range 6 West, iron pipe for marker; thence South 88 degrees 25 minutes East 603 feet to a point, iron pipe for marker; thence South 379 feet to the North line of Batesville Rubber Com- pany tract, iron pipe for marker; thence South 87 degrees 33 minutes West along said line 603.3 feet, iron pipe for marker; thence North 421.3 feet to the point of beginning, containing 5 .54 acres, more or less." Section 102. The original Lease Agreement as amended and* supple- mented by this First Supplemental Lease and Agreement shall continue in full force and effect; and the terms "Lease Agreement", "Lease and Agreement", "hereunder" and words of similar import wherever used in -the original Lease Agreement shall after the date hereof mean the original Lease Agreement as amended and supplemented by this First Supplemental Lease and Agreement, and the terms "Trust Indenture" or "Indenture" as used in the original Lease Agreement or in this First Supplemental Lease and Agreement shall mean the Trust Indenture dated as of December 1, 1968 by and between the City of Batesville, Arkansas and First National Bank of Kansas City, as Trustee, as amended and supplemented by the First Supplemental Trust Indenture dated as of June 1, 1969. IN WITNESS WHEREOF the parties hereto have caused this First Supplemental Lease and Agreement to be signed in several counterparts, each of which may be considered an original without the presentation of the others by their duly authorized officials and officers as of the day and year first above written. ATTEST: City Clerk (S EAL) ATTEST: (S EAL) CITY OF BATESVILLE, ARKANSAS LESSOR IM Mayor WESTPORT CASUALS, INC. LESSEE TRUSTEE'S CONSENT TO EXECUTION OF FIRST SUPPLEMENTAL LEASE AND AGREEMENT The execution and delivery of this First Supplemental Lease and Agreement is hereby consented to and approved by the undersigned as Trustee under the Trust Indenture by and between the undersigned and the City of Batesville, Arkansas, dated December 1, 1968, securing the Industrial Development Revenue Bonds identified in the Trust Indenture. ATTEST: (title) (S EAL) FIRST NATIONAL BANK OF KANSAS CITY TRUSTEE (title) w ACKNOWLEDGMENT S TATE OF ARKANSAS ) COUNTY OF INDEPENDENCE ) On this day of , 1969, before me, a Notary Public duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named and , Mayor and City Clerk, respectively, of the City of Batesville, Arkansas, a municipality of the State of Arkansas, to me person- ally known, who stated that they were duly authorized in their respective capa- cities to execute the foregoing instrument for and in the name of the munici- pality, and further stated and acknowledged that they had signed, executed and delivered the foregoing instrument for the consideration, uses .and pur- poses therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1959. Notary Public My commission expires: (SEAL) ACKNOWLEDGMENT STATE OF COUNTY OF On this day of 1969, before me, a Notary Public duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within named and I and respectively, of Westport Casuals, Inc. , an Arkansas corporation, to me personally well known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of the corporation, and further stated and acknowledged that they had so signed, executed and delivered the same for the uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of _ 1969. My commission expires: (S EAL) en L.. Notary Public cm b ACKNOWLEDGMENT STATE OF COUNTY OF en On this _ day of _—, 1969, before me, a Notary Public duly commissioned, qualified and acting, within and for the State and County aforesaid, appeared in person the within named and a nd respectively, of First National Bank of Kansas City, Kansas City, Missouri, to me personally well known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of the Bank, and further stated and acknowledged that they had so signed, executed and delivered the foregoing instrument for the considera- tion, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of _ _ , 1969. Notary Public My commission expires: ,%` (S EAL) M EXHIBIT A To FIRST SUPPLEMENTAL LEASE AND AGREEMENT by and between City of Batesville, Arkansas as Lessor and Westport Casuals, Inc, as Lessee The following described property in Independence County, Arkansas: Part of the West Half (W 1/2) of Section 10, Township 13 North, Range 6 West, described thus: Beginning at a point 1413 feet East and 40 feet South of the corner between Sections 3, 4, 9 and 10, Township 13 North, Range 6 West, thence West 603 feet; thence South 545 feet; thence East 603 feet; thence North 545 feet to the point of beginning and containing 7 1/2 acres, more or less. A part of the West Half (W 1/2) of Section 10, Township 13 North, Range 6 West, described thus: Beginning at a point 811 . 1 feet East and 591 .8 feet South of the Northwest corner of Section 10, Township 13 North, Range 6 West, iron pipe for marker; thence South 88 degrees 25 minutes East 603 feet to a point, iron pipe for marker; thence South 379 feet to the North line of Batesville Rubber Company tract, iron pipe for marker; thence South 87 degrees 33 minutes West along said line 603.3 feet, iron pipe for marker; thence North 421.3 feet to the point of beginning, containing 5 .54 acres, more or less. e1. Section 2. That there is hereby authorized a First Supplemental Trust Indenture to that Trust Indenture by and between the City and First It National Bank of Kansas City, Kansas City, Missouri, dated as of December 1, 1968, in substantially the form and with substantially the contents hereafter set forth, which shall be executed and acknowledged by the Mayor and City Clerk for and on behalf of the City, with the seal of the City affixed thereto, and which form of First Supplemental Trust Indenture is hereby made a part hereof: C3 FIRST SUPPLEMENTAL TRUST INDENTURE This FIRST SUPPLEMENTAL TRUST INDENTURE dated as of the first day of June, 1969, by and between the CITY OF BATESVILLE, ARKANSAS, a city of the first class duly existing under the laws of the State of Arkansas (the "City") , as party of the first part, and FIRST NATIONAL BANK OF KANSAS CITY, an institution organized under and existing by virtue of the laws of the United States of America, with its principal office, domicile and post office address in Kansas City, Missouri (the "Trustee"), as party of the second part, WITNESSETH: WHEREAS the City and the Trustee have heretofore executed and delivered a Trust Indenture dated as of the first day of December, 1968, recorded in the office of the Circuit Clerk and Ex Officio Recorder of Indepen- dence County, Arkansas at Record Book No. C-8, Pages 17-92 (the "original Trust Indenture"), securing Industrial Development Revenue Bonds of the City authorized in the total aggregate principal amount of Five Hundred Thousand Dollars ($500,000); and WHEREAS the purpose of this First Supplemental Trust Indenture is to amend Granting Clause No. 1 of the original Trust Indenture to enlarge the property description set forth therein; and WHEREAS concurrently with the delivery of this First Supplemental Trust Indenture, the City has entered into a First Supplemental Lease and Agreement with Westport Casuals, Inc., an Arkansas corporation ("Westport") amending Exhibit A thereto to enlarge the property description set forth thereon; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS INDENTURE WITNESSETH: That the City, in consideration of the premises and of the sum of One Dollar ($1 .00) in lawf ul money of the United States of America, to it duly EM paid by the Trustee, at or before the execution and delivery of these presents, and of the acceptance by the Trustee of the Trusts set forth in the original Trust Indenture and in this First Supplemental Trust Indenture, and for other good and valuable considerations, the receipt of which is hereby acknowledged by the parties hereto, does hereby, subject to the terms and provisions of the Lease Agreement, as amended and supplemented by the First Supplemental Lease and Agreement dated as of June 1, 1969, grant, bargain, sell,"convey, mortgage, assign and pledge unto the Trustee, and unto its successor or successors in trust, and to them and their assigns forever, for the securing of the performance of the obligations of the City set forth, in the Indenture, all property of every kind and nature described in this First Supplemental Trust Indenture and conveyed, mortgaged, pledged, assigned or transferred as and for additional security under the Indenture and does hereby stipulate, covenant and agree with the Trustee and with the respective holders and registered owners, from time to time, of all of the bonds or coupons or any part thereof, and the Trustee does hereby stipulate, covenant and agree with the City for and on behalf of the respective holders and registered owners , from time to time, of all of the bonds or any part thereof as follows: EM ARTICLE I AMENDMENTS AND SUPPLEMENTS TO ORIGINAL TRUST INDENTURE Section 101. That Granting Clause No. 1 of the original Trust Inden- ture is hereby amended to add the following: "A part of the West Half (W 1/2) of Section 10, Township 13 North, Range 6 West, described thus: Beginning at a point 811.1 feet East and 591.8 feet South of the Northwest corner of Section 10, Township 13. North, Range 6 West, iron pipe for marker; thence South 88 degrees 25 minutes East 603 feet to a point, iron pipe for marker; thence South 379 feet to the North line of Batesville Rubber Company tract, iron pipe for marker; thence South 87 degrees 33 minutes West along said line 603.3 feet, iron pipe for marker; thence North 421.3 feet to the point of beginning, containing 5.54 acres, more or less." VW' ARTICLE II MISCELLANEOUS 0 Section 201. The provisions of the original Trust Indenture, as amended and supplemented by this First Supplemental Trust Indenture, shall continue in full force and effect. Section 202, This First Supplemental Trust Indenture may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. A copy hereof shall be recorded in the office of the Circuit Clerk and Ex Officio Recorder of Independence County, Arkansas, and a copy shall be filed and 1%W remain on file with the Trustee. R on on IN WITNESS WHEREOF, the City of Batesville, Arkansas has caused these presents to be signed in its name and behalf by its Mayor and its corporate seal to be hereunto affixed and attested by its City Clerk, and to evidence its acceptance of the trusts hereby created, First National Bank of Kansas City, Kansas City, Missouri, has caused these presents to be signed in its name and behalf by its A and its corporate seal to be hereunto affixed and attested by its all as of the day and year first above written. ATTEST: City Clerk (S EAL) ATTEST: (title) (S EAL) CITY OF BATESVILLE, ARKANSAS Mayor FIRST NATIONAL BANK OF KANSAS CITY WN (title) Wn low '*w ACKNOWLEDGMENT OF NOTICE OF AND CONSENT TO FIRST SUPPLEMENTAL TRUST INDENTURE Westport Casuals, Inc. hereby accepts notice of the execution and delivery of the foregoing First Supplemental Trust Indenture; and approves and consents to the execution and delivery of the First Supplemental Trust Indenture. ATTEST: (S EAL) WESTPORT CASUALS, INC. BY 1%W ACKNOWLEDGMENT A STATE OF ARKANSAS ) COUNTY OF INDEPENDENCE ) On this ___ day of 1969, before me, a Notary Public duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named and Mayor and City Clerk, respectively, of the City of Batesville, Arkansas, a municipality of the State of Arl ansas, to me per- sonally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name of the municipality, and further stated and acknowledged that they had signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of _ , 1969. Notary Public My commission expires: (S EAL) ACKNOWLEDGMENT a. STATE OF COUNTY OF 0 On this - day of — 1969, before me, a Notary Public duly commissioned, qualified and acting, within and for the State and County aforesaid, appeared in person the within named and — and respectively, of First National Bank of Kansas City, Kansas City, Missouri to me personally well known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of the Bank, and further stated and acknowledged that they had so signed, executed and delivered the foregoing instrument for the considera- tion, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1969. Notary Public My commission expires: (S EAL) IM ACKNOWLEDGMENT STATE OF COUNTY OF On this day of , 1969, before me, a Notary Public duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within named and and , respectively, of Westport Casuals, Inc. , an Arkansas corporation, to me personally well known, who stated that they were duly authorized in their �ftw respective capacities to execute the foregoing instrument for and in the name and behalf of the corporation, and further stated and acknowledged that they had so signed, executed and delivered the same for the uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1969. My commission expires: 0 (S EAL) 05 Notary Public Section 3. 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, take all action and execute all documents necessary to carry out the authority, enforce the rights and discharge the obligations of the City set forth in this Ordinance and in the First Supplemental Lease and Agreement and in the First Supplemental Trust Indenture authorized hereby. Section 4. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 5. That all ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. That it is hereby found and declared that the action authorized by this Ordinance is necessary in connection with the constructing and equipping of the Westport Casuals, Inc. Industrial Project which should be accomplished as expeditiously as possible in order that the City and its inhabitants may derive the public benefits flowing therefrom in the form of payrolls, employment, alleviation of unemployment and realization of other benefits flowing from the operation of the substantial industrial project. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immediately upon and after its passage. PASSED: ATTEST: City CIS k (S EAL) 1969. APPROVED: By____ Mayor CERTIFICATE C72 The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No. 772 _, passed at a Regular session of the City Council held at its regular meeting place at 7:00 o'clock __P.M., on the 10 day of June , 1969, and that the Ordinance is of record in Ordinance Record Book Page _ , now in my possession. GIVEN under my hand and seal this 11 day of June City C1 k _ (S EAL) 1969. EXCERPTS FROM MINUTES OF A IVIFETING OF THE BATESVILLE CITY COUNCIL HELD June 10 19 69 The City Council of the City of Batesville Arkansas met in �: regular session at its regular meeting place in Batesville Arkansas at _7:00 o'clock P .m. , on the 10 day of _J„nP 19 69 The following were present: Mayor R. d. Sturch ; City Clerk Floy flow City Attorngy John Purt1 e ; and Aldermen A.J. Beckman Noel Bone, Bobby Leonard, Dean Lewallen, Boyce Nash, Charles Runyan Glenn Shelton and Earl Tripp Absent: None The Mayor stated that consideration should be given to an ordinance authorizing a First Supplemental Lease and Agreement and a First Supplemental Trust Indenture This was a matter with which the Council was familiar and after a discussion, Alderman Earl Trion introduced an ordinance entitled: "AN ORDINANCE AUTHORIZING A FIRST SUPPLEMENTAL LEASE AND AGREEMENT (IN THE FORM AND WITH THE CONTENTS SET FORTH IN THE ORDINANCE) AND AU- _ THORIZING A FIRST SUPPLEMENTAL TRUST INDENTURE (IN THE FORM AND WITH THE CONTENTS SET FORTH IN THE ORDINANCE), BOTH IN CONNECTION WITH THE WESTPORT CASUALS, INC. INDUSTRIAL PROJECT; PRE- SCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY" and the City Clerk read the ordinance in full. WWM cm Page 2 Alderman 14el Bone , seconded by Alderman Bobby Leonard rr,oved that the rule requiring the reading of an ordinance or resolution in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted aye: A.J. Beckman, Noel Bone, Bobby Leonard, Dean Levrallen, Boyce Plash, Chas Aunyan, Glenn Shelton, Earl Tripp. and the following voted nay: ,done Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Clerk Alderman Bobby Leonard A.J. Beckman , seconded by Alderman then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted aye: A.J. Beckman, Noel Bone, Bobby Leonard, Dean Lewallen, Boyce Plash, Chas Aunyan ;1 &nn ShPl tnn L'n rl Tri ;gyp and the following voted nay: None VOW 0 Page 3 The Mayor declared that at least t%- o-thi- ds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion %,"as carried and the rule suspended. The ordinance v,as then read by the City C lerk Alderman Charles Hunyan seconded by Alderman Glenn Shelton moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted aye: A.J. Beckman, Noel Bone Bobbyennarri Dean Lev,allen _Boyce Nash, Charles 3unyan, Glenn Sheiton, marl Tripp. and the following voted nay: I gone Alderman 110el Bone , seconded by Alderman Bobby Leonard , moved that Section 6 _, the emergency clause, be adopted, and on roll call the following voted aye: A.J.--Beckman, Noel Bone, Bobby Leonard, Bean Lewallen, Boyce Nash, Charles Hunyan, Glenn Shelton, marl Triup. and the following voted nay: Non ta The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 772 (Matters not relating to the ordinance authorizing a First Supplemental Lease and Agreement and a First Supplemental Trust Indenture are omitted.) ATTEST: C ity erk (SEAL) There being no further business, the Council adjourned. Mayor —- 'err-. `.�•� C E R T I F I C A T E The undersigned, City Clerk _ of Batesville , Arkansas, hereby certifies that tf e foregoing pages numbered 1 to 3, inclusive, are a true and correct copy of excerpts of the minutes of a meeting of the City Council of Batesville Arkansas at a Regular session held at the regular meeting place of the Council in said City at 7:00 o'clock P -.m., on the 10 day of June 1969 and the time and place of the meeting was furnished to each person who made a request therefor in accordance with the provisions of Act No. 93 of the Acts of Arkansas of 1967. ` City Clerk/ (SEAL)