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1993-069ORDINANCE NO. 93 -69 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CERTAIN DOCUMENTS RELATING TO THE OUTSTANDING $6,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS (COUNTY LINE PARTNERS PROJECT) OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Issuer ") adopted Ordinance No. 84 -80 on December 17, 1984 which authorized the issuance of its $6,000,000 Economic Development Revenue Bonds (County Line Partners Project) (the "Bonds "); and WHEREAS, the Bonds were issued pursuant to the Indenture of Trust dated as of December 11 1984 (the "Indenture ") between the Issuer and American National Bank and Trust Company of Chicago, as Trustee (the "Trustee "); and WHEREAS, the proceeds of the Bonds were loaned to American National Bank and Trust Company of Chicago, as Trustee -- under- Trust- number 62881 dated November 15, 1984 {the - "Land- Trust " -) - - -- and County Line Partners, a joint venture (the "Beneficiary ")(the Land Trust and the Beneficiary are hereinafter collectively referred to as the "Borrower ") pursuant to the Loan Agreement dated as of December 1, 1984 (the "Loan Agreement ") among the Issuer and the Borrower; and WHEREAS, the Bonds were purchased by American National Bank and Trust Company of Chicago (the "Purchaser ") pursuant to the Bond Purchase Agreement dated as of December 1, 1984 between the Issuer and the Purchaser; and WHEREAS, the Issuer adopted Ordinance No. 86 -75 on December 15, 1986 which authorized an Amendment which amended certain provisions of the Bonds, the Indenture and the Loan Agreement; and WHEREAS, the January 20, 1992 which certain provisions of Agreement; and WHEREAS, the November 16, 1992 which certain provisions of Agreement; and Issuer adopted Ordinance No. 92 -.7 on authorized a Second Amendment which amended the Bonds, the Indenture and the Loan Issuer adopted Ordinance No. 92 -84 on authorized a Third Amendment which amended the Bonds, the Indenture and the Loan WHEREAS, the Borrower, the Purchaser and the Trustee have agreed to amend the Indenture and the Bonds to provide for the establishing of mandatory principal redemptions in certain months; and WHEREAS, it is proper for the Issuer for the benefit of the inhabitants within the Issuer to authorize the amendment of the abovementioned documents; and WHEREAS, the Issuer has caused to be prepared and presented to this meeting the Fourth Amendment dated as of July 1, 1993 (the "Amendment ") among the Issuer, the Borrower, the Trustee and the Purchaser. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, STATE OF ILLINOIS, AS FOLLOWS: Section 1. That the form, term and provisions of the Amendment be, and they hereby are, in all respects approved, and the President and Village Clerk of the Issuer be, and they are hereby authorized, empowered and directed to execute and deliver the Amendment in the name and behalf of the Issuer. Section 2. That from and after the execution of the Amendment, the proper officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Amendment as executed and to further the purposes and intent of this Ordinance. - Sect " ion -3: 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 or provisions. Section 4. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby superseded. Section 5. That this Ordinance shall be in full force and effect from and after its passage and approval, in accordance with law. This Ordinance shall not be codified. AYES: 4 - Reid, Braiman, Hendricks, President Mathias NAYES : 0 - None ABSENT: 3 - Marienthal, Kahn, Rubin PASSED this 13th day of September-, 1993. ATTEST: r.yy 1 - Z�A - Villa Clerk -2- o • CONSENT CONSENT dated as of July 1, 1993 among the following parties: 1. American National Bank and Trust Company of Chicago, as Trustee under Trust No. 62881, and not personally (the "Land Trust "); 2. County Line Partners, a joint venture (the "Beneficiary "); 3. American National Bank and Trust Company of Chicago, as Trustee (the "Trustee ") under the Indenture of Trust dated as of December 1, 1984 with the Village of Buffalo Grove, Illinois (the "Village ") as amended by the Amendments dated as of December 15, 1986, January 1, 1992 and October 11 1992 (the "Indenture ") and 4. American National Bank and Trust Company of Chicago, in its corporate capacity (the "Purchaser "). WHEREAS, the Issuer, the Land Trust and the Beneficiary are parties to that certain loan Agreement dated as of December 1, 1984 as amended by the Amendment (the "Loan Agreement ") pursuant to which the Issuer agreed to make a $6,000,000 loan to the Land Trust and the Beneficiary from the proceeds of the $6,000,000 Economic Development Revenue Bonds (County Line Partners Project) of the Issuer as amended by the Amendment (the "Bonds "), which Bonds were issued pursuant to the Indenture; and WHEREAS, the Purchaser has purchased and is the present holder of the Bonds; and WHEREAS, a Reset Period (as defined in the Indenture) terminated as June 30, 1993 and a new Reset Period commenced on July 1, 1993; and WHEREAS, certain notices were to be given prior to July 1, 1993 and it is necessary to waive the receipt of all or some of the same. NOW, THEREFORE, THE PARTIES HERETO CONSENT TO THE FOLLOWING AND WAIVE THE RIGHTS TO RECEIVE CERTAIN NOTICES: 1. The next Reset Period shall commence on July 1, 1993 and shall terminate on December 31, 1993. 2. During said Reset Period the interest rate on the Bonds shall be seven and one -half percent (7 1/2 %) per annum. 3. There shall be no Qualified Credit Instrument in existence during said Reset Period. The outstanding principal balance of the Bonds on December 31, 1993 shall be $4,740,000 subject to redemption as provided herein. 3. Beneficiary agrees to pay a fee of $12,150 to the Purchaser upon the execution hereof and reasonable legal fees of Bond Counsel and counsel to the Purchaser and the Issuer. 4. In regard to the Land Trust this Third Amendment is executed by American National Bank and Trust Company of Chicago not personally but as Trustee under Trust No. 62881 and it is expressly understood and agreed that nothing herein contained shall be construed as creating any liability on American National Bank and Trust Company of Chicago personally in regard to the Land Trust. 5. This Fourth Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment the day and year first written above. COUNTY LINE PARTNERS By: Its: By: Its: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 62881 By: Its: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Indenture Trustee aforesaid By: Its: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Purchaser By: Its: • por • 7• i� 'oe �_��� / /_ /// -3- o • FOURTH AMENDMENT FOURTH AMENDMENT made as of this 1st day of July, 1993 among the following parties: 1. American National Bank and Trust Company of Chicago, as Trustee under Trust No. 62881, and not personally (the "Land Trust "); 2. County Line Partners, a joint venture (the "Beneficiary ") 3. American National Bank and Trust Company of Chicago, as Trustee (the "Trustee ") under Indenture of Trust (the "Indenture ") dated as of December 1, 1984 with the Village of Buffalo Grove, Illinois; 4. American National Bank and Trust Company of Chicago, in its corporate capacity (the "Purchaser "); and 5. Village of Buffalo Grove, Illinois (the- issuer W I T N E S S E T H: WHEREAS, Issuer, Land Trust and Beneficiary are parties to that certain Loan Agreement (the "Loan Agreement ") dated as of December 1, 1984, as amended, pursuant to which Issuer agreed to make a $6,000,000 loan to Land Trust and Beneficiary from the proceeds of the $6,000,000 Economic Development Revenue Bonds (County Line Partners Project) of the Issuer, as amended (the "Bonds "); and WHEREAS, the Bonds were issued pursuant to the Indenture; and WHEREAS, the Purchaser has purchased and is the present holder of the Bonds; and WHEREAS, the parties hereto desire to provide for certain changes in the Indenture and the Bonds; and NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The following changes are made in the Indenture. A. The following paragraph is added prior to the first full paragraph on page 9: C d Certain of the Bonds shall mature as follows: Maturity Date July 1, 1993 August 1, 1993 September 1, 1993 October 1, 1993 November 1, 1993 December 1, 1993 Principal Amount $ 20,000 20,000 20,000 20,000 20,000 20,000 The outstanding principal balance of the Bonds on December 31, 1993 shall be $4,740,000 subject to redemption as provided herein. B. The following new paragraph is added as Section 601(C)(5) on page 50: (5) The Bonds shall be subject to mandatory sinking fund redemption at a redemption price equal to one hundred percent (100 %) of the principal amounts hereinafter _plus - _accrued interest on the redemption dates as follows: Sinking Fund Payment Date July 1, 1993 August 1, 1993 September 1, 1993 October 1, 1993 November 1, 1993 December 1, 1993 Sinking Fund Payment $ 20,000 20,000 20,000 20,000 20,000 20,000 The outstanding principal balance of the Bonds on December 31, 1993 shall be $4,740,000 subject to redemption as provided herein. 2. The following paragraph is added prior to the first full paragraph on page 7 of the Bonds: There shall be a Reset Period commencing July 1, 1993 to and including December 31, 1993. During said Reset Period the interest rate hereof shall be seven and one -half percent (7 -1/2%) per annum. Certain of the Bonds shall mature as follows: Maturity Date July 1, 1993 August 1, 1993 September 1, 1993 October 1, 1993 November 1, 1993 December 1, 1993 -2- Principal Amount $ 20,000 20,000 20,000 20,000 20,000 20,000 4. The Indenture and the Bonds shall be amended to provide for the following principal payments: Sinking Fund Payment Date July 1, 1993 August 1, 1993 September 1, 1993 October 1, 1993 November 1, 1993 December 1, 1993 Sinking Fund Payments 20,000 20,000 20,000 20,000 20,000 20,000 The outstanding principal balance of the Bonds on December 31, 1993 shall be $4,740,000 subject to redemption as provided herein. 5. The Purchaser shall continue to be the owner of the Bonds until December 31, 1993. - - - -- IN WITNESS- WHEREOF, the parties have executed this - Consent as of the day and year first written above. COUNTY LINE PARTNERS By: Its: By: Its• AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 62881 By Its: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee aforesaid By: Its: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Purchaser By: -2- Its: VILLAGE OF BUFFALO GROVE ORDINANCE NO. �J—e ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV THIS _DAY OF 19 /�• Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & L ke Counties, Illinois, this L� day of � Village Clerk By Deputy Village Clerk ORDINANCE NO. 93 -69 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CERTAIN DOCUMENTS RELATING TO THE OUTSTANDING $6,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS (COUNTY LINE PARTNERS PROJECT) OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Issuer ") adopted Ordinance No. 84 -80 on December 17, 1984 which authorized the issuance of its $6,000,000 Economic Development Revenue Bonds (County Line Partners Project) (the "Bonds "); and WHEREAS, the Bonds were issued pursuant to the Indenture of Trust dated as of December 1, 1984 (the "Indenture ") between the Issuer and American National Bank and Trust Company of Chicago, as Trustee (the "Trustee "); and WHEREAS, the proceeds of the Bonds were loaned to American National Bank and Trust Company of Chicago, as Trustee under Trust-Number- 62881 - -dated November 13 -, -- 1984 - -{ -the "Land -- Trust "y - -- and County Line Partners, a joint venture (the "Beneficiary ")(the Land Trust and the Beneficiary are hereinafter collectively referred to as the "Borrower ") pursuant to the Loan Agreement dated as of December 1, 1984 (the "Loan Agreement ") among the Issuer and the Borrower; and WHEREAS, the Bonds were purchased by American National Bank and Trust Company of Chicago (the "Purchaser ") pursuant to the Bond Purchase Agreement dated as of December 1, 1984 between the Issuer and the Purchaser; and WHEREAS, the Issuer adopted Ordinance No. 86 -75 on December 15, 1986 which authorized an Amendment which amended certain provisions of the Bonds, the Indenture and the Loan Agreement; and WHEREAS, the Issuer adopted Ordinance No. 92 -7 on January 20, 1992 which authorized a Second Amendment which amended certain provisions of the Bonds, the Indenture and the Loan Agreement; and WHEREAS, the Issuer adopted. Ordinance No. 92 -84 on November 16, 1992 which authorized a Third Amendment which amended certain provisions of the Bonds, the Indenture and the Loan Agreement; and WHEREAS, the Borrower, the Purchaser and the Trustee have agreed to amend the Indenture and the Bonds to provide for the establishing of mandatory principal redemptions in certain months; and WHEREAS, it is proper for the Issuer for the benefit of the inhabitants within the Issuer to authorize the amendment of the abovementioned documents; and WHEREAS, the Issuer has caused to be prepared and presented to this meeting the Fourth Amendment dated as of July 1, 1993 (the "Amendment ") among the Issuer, the Borrower, the Trustee and the Purchaser. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, STATE OF ILLINOIS, AS FOLLOWS: Section 1. That the form, term and provisions of the Amendment be, and they hereby are, in all respects approved, and the President and Village Clerk of the Issuer be, and they are hereby authorized, empowered and directed to execute and deliver the Amendment in the name and behalf of the Issuer. Section 2. That from and after the execution of the Amendment, the proper officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Amendment as executed and to further the purposes and intent of this Ordinance. Section 3. 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 or provisions. Section 4. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby superseded. Section 5. That this Ordinance shall be in full force and effect from and after its passage and approval, in accordance with law. This Ordinance shall not be codified. AYES: 4 - Reid, Braiman, Hendricks, President Mathias NAYES: 0 - None ABSENT: 3 - Marienthal, Kahn, Rubin PASSED this 13th day of September-, 1993. ATTEST: Villa Clerk -2-