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4A Wichita Falls Economic Development Minutes - 03/30/2012MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION March 30, 2012 PRESENT: Gary Shores, President Dick Bundy, Vice President/Sec.- Treasurer Gary McLendon Glenn Barham, Mayor Kevin Hugman, Assistant City Manager Jim Dockery, Asst. City Manager /CFO Miles Risley, City Attorney Linda Merrill, Recording Secretary Tim Chase, President Kevin Pearson, Vice President Jim Johnson ABSENT: Dave Lilley Lanham Lyne 1. CALL To ORDER Members City Council City Staff Chamber of Commerce & Industry Members President Gary Shores called the meeting to order at 1:00 p.m. 2. APPROVAL OF MINUTES Gary McLendon moved that the minutes of November 17, 2011 be approved. Seconded by Dick Bundy, the motion unanimously carried. 3. EXECUTIVE SESSION Mr. Shores adjourned the meeting into executive session at 1:00 p.m. pursuant to TEXAS GOVERNMENT CODE § §551.071, 551.072, and 551.087. He announced the meeting back into regular session at 3:00 p.m. The subjects posted in the Notice of Meeting were deliberated, and no action was taken on these items in executive session. Mr. Bundy moved that the President of the WFEDC be authorized to execute the attached Acknowledgment and Direction and Discharge of Charge on 680 Bishop Street North if the President determines the lien being released has no value to the WFEDC. The President is further authorized to execute ancillary legal documents to such release. This action is determined to not be a new program or expenditure of the WFEDC. Seconded by Gary McLendon, the motion carried. 4. ADJOURN The meeting adjourned at 3:05 p.m. *Gaor/e4s,Piresident R \_legaMA & 4B \4A Corp \Minutes\2012 \2012.3.30\2012.3.30 4a minutes.doc r , ACKNOWLEDGEMENT AND DIRECTION TO: All Lawyers within the firm of A.ird & Berlis LLP AND TO: Any and all designees of the above RE: Cheese Factory Road Holdings Inc. mortgage loan from Wichita Falls Economic Development Corporation 680 Bishop Street North, Cambridge, Ontario; This will confirm that: 1. The undersigned has reviewed the information contained on the documents attached hereto and this information is accurate; 2. You are authorized and directed to sign and register electronically on my behalf the following document(s), a copy of which is attached hereto: Discharge of Charge 3. The effect of the electronic documents described in this Acknowledgement and Direction has been fully explained to me and I understand that I am a party to and bound by the terms and provisions of these electronic documents to the same extent as if I had signed these documents; 4. The undersigned is in fact a party named in the electronic documents described in this Acknowledgement and Direction and I have not misrepresented my identity to you; 5. The undersigned hereby authorizes Aird & Berlis LLP to make any minor, non - material alterations that may be required by the Land Registry Office to effect certification of the electronic documents as described in this Acknowledgement and Direction by the Land Registry Office; and 6. The undersigned hereby confirms that the execution of the Acknowledgement and Direction by facsimile transmission shall be binding upon me and our successors and assigns and may be relied upon by me as if it were an original. Dated this day of March, 2012. 12135240.1 WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION Name: Title: Name: Title: I/We have authority to bind the Corporation. LRO # 58 Discharge Of Charge In preparation on 2012 03 27 at 12:37 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1 Properties PIN 03791 - 0259 LT Description LT 11 -12 RCP 1376 CAMBRIDGE; SIT E21135; CAMBRIDGE Address 680 BISHOP STREET NORTH CAMBRIDGE Document to be Discharged Registration No. Date Type of Instrument VVR522232 2010 02 26 Charge/Mortgage Discharging Party(s) This discharge complies with the Planning Act. This discharge discharges the charge. Name WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION Acting as a company Address for Service Attn: Chief Financial Officer City of Wichita Falls P.O. Box 1431 Wichita Falls, Texas 76307 This document is not authorized under Power of Attorney by this party. I am the party entitled by law to grant the discharge as to the land described herein. File Number Discharging Party Client File Number: 110903 -RTH K LU W fl, uj uj cr