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Res 088-2021 4A Panda Biotech Performance Agreement Amendment 08/03/2021 Resolution No. 88-2021 Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) by amending the existing incentive agreement with Panda Biotech of up to $2,800,000 related to their proposed purchase and operation out of the former Delphi Plant on 1-44 WHEREAS, Texas Local Gov't. Code §501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation"; and, WHEREAS, on July 15, 2021 , the WFEDC approved the Project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls Economic Development Corporation's approval and funding of the following programs and expenditures as described below and in said corporation's agenda, are approved: Panda Biotech Project: • Amendment to the existing agreement between the WFEDC and Panda Biotech to extend the repayment deadline of the $1.0M loan provided by the WFEDC to Panda Biotech until no later than December 31, 2021. 2. All other terms of the agreement approved by the WFEDC on January 26, 2021 , and the City Council on February 2, 2021 remain in effect. PASSED AND APPROVED this the 3rd day of August, 2021. MAYOR ATTEST: City Clerk WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AGENDA JULY 15 2021 ITEM/SUBJECT: Panda Biotech Extension Request INITIATED BY: David Leezer, CEcD FM COMMENTARY: Last month, we discussed the possible extension of Panda Biotech's interim loan for another six months. While we are confident it would take less than four months to complete, it was considered more prudent to give them a six-month extension. Given the complexity of the bond financing structure, we all agreed that someone with a greater understanding of finance should speak with company officials to gain a greater insight on the matter. At the request of WFEDC Board, a conference call was conducted with Panda Biotech, Chamber staff and representatives of the city's finance team Dixie Carter started the conversation stating they are committed to Wichita Falls and intend to close on the building in July and COULD possibly start operations by the end of this year. The remainder of the meeting focused on the financing structure and use of both public and private funds. In short,our finance representatives sought to better understand the intricacies of the funding process. After the conversation, Panda officials were to submit information to our representatives to and provide more details about bond program and how the private investors participate in the project I have followed up with Dixie to reiterate the importance of this follow-up information. RECOMMENDATION: Pending discussion with the City finance team, we recommend a six-month extension to the payback deadline of Panda Biotech's forgivable loan. Respectfully submitted, David A. Leezer, CEcD FM Vice President of Business Attraction Wichita Falls Chamber of Commerce