2009-047 ORDINANCE NO. 2009- 47
AN ORDINANCE APPROVING AN AMENDMENT No. 2 TO AN AGREEMENT WITH
EDWARD HINES LUMBER CO.
WHERAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove ("Village") and Edward Hines Lumber Co.
("Hines") are parties to an Agreement dated the 20"' day of November 2000 ("Agreement") for
the purpose of granting certain incentives to locate its single order-acceptance point for corporate
credit sales at its corporate offices located in the Village; and
WHEREAS,the Agreement was approved by Village Ordinance No.2000-67, and
WHEREAS, both the Village and Hines amended the Agreement in certain respects by
means of an Amendment To Agreement dated March 3, 2003, which was approved by Village
Ordinance No. 2003-18 ("First Amendment"), and
WHEREAS, both the Village and Hines desire to amend the Agreement as amended by
the First Amendment,which Amendment No. 2 to the Agreement is attached hereto..
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, as follows:
Section 1.The foregoing Whereas clauses are hereby incorporated herein.
Section 2. The Village President and Village Clerk are hereby authorized to execute the
Amendment No. 2 to the Agreement between the Village of Buffalo Grove and Edward
Hines Lumber Co.,a copy of which is attached hereto as Exhibit"A".
Section 3.,This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
AYES: 6-Braiman,Glover,Berman,Trilling, Stone,Sussman
NAPES: Q.-None
ABSENT: 0—None
PASSED: August 3, 2009
APPROVED: August 3, 2009
APPROVED:
e
Village President
ATTEST:
Villag Jerk
July 28,2009 Exhibit"A"
Amendment No.2 To Agreement
This Amendment No. 2 to Agreement is made and entered into the 20th day of July, 2009 by and
between the Village of Buffalo Grove, an Illinois Municipal Corporation, hereinafter referred to as the
"Village"and Edward Hines Lumber Co.,an Illinois corporation,hereinafter referred to as "Hines", and
Whereas, the Village and Hines have entered into an Agreement dated November 20, 2000
concerning Municipal Sales Tax(hereinafter referred to as the"Agreement'),
Whereas, the Village and Hines entered into an Amendment to Agreement dated March 3, 2003
(the"First Amendment'),
Now, Therefore, in consideration of the mutual covenants and promises set forth herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
the parties, the Village and Hines agree that Section 3 of the Agreement (as amended by the First
Amendment)and Section 8(c)are amended and restated to read as follows,
3. Sales Tax Pa ment: The Village agrees, warrants and guarantees to pay Hines Municipal
Sales Tax generatecMy Hines to be calculated as follows:
Beginning with August 2009, which represents Sales Tax generated during July 2009 and
throughout the Term, as defined herein, the Village and Hines shall distribute on a monthly basis the
Municipal Sales Tax resulting from taxable Credit Sales with single order-acceptance at the Property and
received by the Village in the following amount for the remainder of the Term: 60% of the total
Municipal Sales Tax to Hines and 40%of the total Municipal Sales Tax to the Village.
8. Terms of Agreement.
(c) During the Term, Hines shall maintain a single order-acceptance point policy for all Credit
Sales and shall not relocate its single order-acceptance point to outside the Village, unless maintaining its
single order-acceptance point within the Village would be a violation or contravention of any case,
decision or determination of any state or federal court, agency or entity, or maintaining its order-
acceptance point in the Village would subject Hines to penalties or fines of any kind levied or rendered by
any state or federal court, agency or entity, or unless required to do so pursuant to any state or federal
court, agency or entity, in which case Hines shall have the unilateral right,upon prior written notice to the
Village,to terminate this Agreement.
In Witness, whereof, the parties have executed this Amendment to Agreement as of the date first
above written.
Village of Buffalo Grove
Village President
Attest:
Villa Jerk
Edward Hines Lumber Co.
Vice President-CFO
Attest:
� ,P�L4
Title: i J-
ACKNOWLEDGEMENT:
STATE OF ILLINOIS )
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COUNTY OF LAKE SS
This instrument was acknowledged before me on the, _day of
200q by , the Vice President, CFO of Edward Hines
Lumber Co., an Illinois corporation and by gwa'i Uu'lat of
said corporation.
Notary Public
OFFK3&SEAL.
ANITA K JASW
SEAL: NOTARY PUK C•STATE OF L NOIS
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ACKNOWLEDGEMENT
STATE OF ILLINOIS )
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COUNTY OF LAKE SS
This instrument was acknowledged before me on the—day of
2009 by Elliott Hartstein, the Village President of the Village of Buffalo Grove Co., and Illinois
municipal corporation and by Janet Sirabian, Village Clerk of said municipal corporation.
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