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GIDA Resolution 83-8RESOLUTION NO. 83-8 A RESOLUTION AMENDING RESOLUTION NO. 83-5 ENTITLED, "A RESOLUTION MAKING DETERMINATIONS WITH RESPECT TO THE FINANCING OF FACILITIES FOR GILROY CANNING COMPANY, INC. AND EXPRESSING INTENTION TO UNDERTAKE SUCH FINANCING PROJECT" RESOLVED, by the Board of Directors of the Industrial Development Authority of the City of Gilro¥, California, that Resolution No. 83-5 entitled "A Resolution Makinq Determinations with Respect to the Financing of Facilities for Gilroy Canning Company, Inc. and ExDressinq Intention to Undertake such Financing Project', adopted by this Board on November 7, 1983, be, and the same is hereby, amended as follows: 1. That the letter agreement referenced in Section 6 of said resolution be amended as set forth in the modification set forth in Exhibit "A' hereto attached and by reference incorporated herein. approved. The letter aqreement, as so modified, is hereby * * * * Introduced at the meeting of the Industrial Development Authority of the City of Gilroy held on the 5th day of December, 1983, by Director Gaqe who moved its adoption and Dassa~e, which motion was carried after being duly seconded, and passed by the following vote: AYES: Directors: Albert, Ga~e, Kloecker, Mussallem, Pate, Valdez & Huqhan NOES: Directors: None ABSENT: Directors: None SECONDED: Director: Albert ATTEST IDA0011A.GIL/1 APPROVED: Chairman 01/31/84 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GILRQY 7351 Rosanna Street P.O. Box 66 Gil£oy, California 95020 (Date) Gilroy Canning Company, Inc. P.O. Box 395 Gilroy, California 95020 Dear Sirs: The purpose of this letter is to set forth a modification of the letter agreement between us dated , 1983, with reference to the terms and conditions upon which the Industrial Development Authority of the City of Gilroy (the "Authority') will issue its revenue bonds to assist you in the financing of a tomato wanning plant. In return for your agreement to pay to the Authority a fee of one-halE of one percent (1/2 of 1%) of the principal amount of revenue bonds issued, payable from the Costs of Issuance Fund to be established under the Indenture securing such bonds, the Authority agrees to pay the fees and disbursements oE the Special Counsel and the Financial Consultant to the Authority, any direct or indirect expenses of th~ officers, employees or agents in connection with issuance of the bonds and publication costs oE the Authority in connection with authorization of.the bonds. By signing and returning the enclosed copy of this letter hereby agree to the modification hereby expressed, and agree that Authority, by filing a copy of the-letter agreement of ., 1983, and of: this modification, certified by the secretary of the Autho=lty, with the Trustee under tlae Indentu~e~ shall, 'immediately upon th~ s~e ~d del~ve~ of ~e ~nds, ~ entltle~ to pa~ent o~ said ;',f~,:=e~lsttio~ t~' necessa=y, that Fo= ~11 t~ediatel~ p=ovide an~ tll~ If the foregoing is satisfactory, kindly execute the enclosed copy of this letter and return it to the Authority, Attention Secoretary, in which case it will constitute a modification of the letter agreement between us effective as of the date of such letter agreement. Very truly yours, INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GILROY CONFIRMED AND ACCEPTED: GILROY CANNING COMPANY, INC. By: -2-