1985-05-20 - Resolution 1985-31 - AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO MOA BTWN VBG, IL AND DELICE DE FRANCE, INC. REGARDING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDSRESOLUTION NO. 85- 3'I
A RESOLUTION AUTHORIZING TI{E EXECUTION OF AI$_qI_ II,TENDMENT ro ^IEMORANDUM OF AGREEMENTBETwEEN THE VTLLAGE -oF BUFTALo-'ino-ve, -irr,rliors
AND---DELrcE DE FRAISET ruc., "iiiiioi*c
rHEi3i3y." oF TNDUsTRTAL oivir,oi;iiilt".nruerue
WHEREAS. . the president and Bga.rd of Trustees of thevillage of Buf f alo . c.o""l-- j'irr*i'. (rhe ,,r==u"rii--aia, onFebruarv r9, 198s, adopt nl..i.ii.I,*No.''ii-ro,'-JuTi,J.i=ins rhePresident of the fssuer to enter into_ a .Memorandun of Agreement(the "Memorandum oF. a.qq..r*{;)-'riti",oeri.." o. .ii"n"-"., .rn".,
u.,r l L i no i s co rpo ra r ion-
^,_.-1" rc:;ji;yl,)" . er.* i n_g
- io ^ iil.=i,." u"nce bythe rssuer of its revenue uonas. llne ,,eonat,, j- i-i.-"n -lgg."g.teamount not ro exceed S2,38-;iiO6 io"'assist the company in rhefinancing of Lhe ac.gui.sition ;i ; cerrain parcel .oi, rana inBuf falo crove and *ri "on.fiu.-iion- tt"r"on &-;'u,iiraing and5?li33"ij"ti:..r," "fin"it
-;;;;;:"'"production
""a- *ii"ii,"" and
acquisitiol"ll5^i;r=il'r"."rTll,"l'nunu" proceeded to pran ror such
WHEREAS, the Memorandum of Agreement provided that theBonds must be issued ,on -or ;;C; io' .iun" .r, 1985 (or such ]ater3:ff"i1, TnTt be nutualry '".-ci"r"-"tl.v ro rhe rssuer and rhe
arrange
and
WHEREAS, thEfor the issue Conpany advisesof the Bonds on
that it wilI beor prior to June
unable tol, 1985;
and
July
Board offollows:
WHEREAS, ThE15, 1985;Issuer is wi1Iing to extend sai.d date to
NOW, THEREFORE,Trustees of the --q: - Ir Revolved byvrJ.rage of Buf fa Io the pres identGrove, Illinois,
l. That the. president. of ttauEhorized to execute ."j-in=".Vii;_..1, _ Issuer is herebyffi *. "ilt, ": x.#iff,,ill^t ::iYt'o'F n"..t-' "'-t' i s a u t ii' i''Ji t o
subsranriarly the f"a:gum- or -eg-."Ii"#'" rssuer to a pirst
Enrs meerins or ,-?'.T
of t..,"[';;;;;;J, "tn the comoanv in
approved by rhe orrillh such "h;;;;;'="
as t''as presentet to.".. "*L"uii;;'l[ "cherein
as shair be
2. That thisfron and af tereffect
Iaw.
ResoluEion shaII be in fulI force andrts passage and approvar .s pr""-ia-"a-t'y
vr!!l_cE oF BUFFALO cRovE,ILLINOIS
By
(SEAL )
ATTEST:
a
-- - Pres en
AyES: 5 - Marienthal, OtReLl1y, Glover, Reld, Shields, Kowalskl
NAYS: 0 - None
ABSENT OR NOT VOTfNG: 0 _ None
a
eCe
-2-
FIRST A.ITIENDMENT TO MEMORANDUI,I OF AGREE}IENT
Preliminar Statement.The Issuer and the Companyed that certain Menorandum
TIIIS PIRST AMENDI,TENT TO IqEMORANDUM OP AGREEMENT J.Sbetrreen the vILLAGE OE BUPFALO GROVE, ILLINoIS, a municipalityduly organized and validly existing under the 1aws andConstitution of the State of IIlinois (the "Issuer,') , andDELICE DE FRANCE, INC., a corporation duly organized and validlyexisting under the laws of the State of Illinois (the "Conpanyrr r. -
1.
have entered iI
I
of Agreement dated as of pebruary 19, l98S (the ,'Mernorandum .ofAgreenent" ) relating to the issuance by Ehe Issuer of its revenuebonds (the "Bonds" ) to finance the acquisition and construction of
3 !3f_ery products production and warehouse and office facility inBuffalo crove, IlIinois. The Issuer is willing to extend the -date
by which the Bonds must be issued.
nto, executed an e1 LVer
2. Amendment.Section 4 (a )s hereby amended by changing the1985'.
of the Memorandum
date "June t, 1985"
Agreement shal I
Agreement
"JuIy 15,
of
to
In all other respects, the Memorandum ofremain in fuII force and effect.
this
the
( SEAL )
At tes t 3
IN WI
Aor eement+x.i. of in
TNE
by
SS WHEREOF the parties hereto have entered intotheir officers thereunto duly authorized as of, 1985.
VILLAGE OF BUTFALO GROVE,
ILLINOIS
By
P ent
,;l'}fr. B"'"!r;
V lage Clerk
'('
aa
( SEAL )
AEtest:
ItS Secretary
DELICE DE FRANCE, INC.
B
I rESI ent
-2-
STATE OF ILLINOIS
COUNTY OF COOK
I do fur ther
f u11, true
convened meon the 20 th
adoption oE
)
)
)
SS
as adoptedthe minutes
icial
I, Janet M. .sirabian, do hereby certify that I am theduly quarified and acting v111-"9"-ir.ir. or the virlage of Buffarocrove, Illinois and as _sucf, of f i-c", il. the keeper of the recordsand files of the president .na-ao"ia-"i rrustees'oi =iii"iirr"9".
and comple teeting of gai
day of maY
fy .that -the foregoing constitutes ascrtpt. of the minutes of the IeoallvJ.-a-ge. of Buf f a1o Grove, IIIi;oi= ";;ie1985, insofar as sane relates to tfre
c erti
t ranvild
a
a
at
of
RESOLUTION AUTHORIZING THE EXECUTION ANDDELIVERY OF A..FIRST A.PTENDMENT IASMORAHOUII,I OTAGREEI,IENT WITH DELICE OS TRANCi, TNC.REGARDING THE ISSUANCE Or TUOUSINTAIDEVELOPI,IENT REVENUE BONDS,
t.rue, correct and complete copy of which resolutionsaid meeting appears in the f6iegoing'iranscript ofsard meeting.
I do further certify that the . deliberations of thePresident and Board or trustee-J o;"i;" option of said resorutionwere taken oDenlvi that the uot" " on the adoption of saidresolution ,ai taien openly; thai--sara meeting was held aE aspecified time and .prace ""n'u"ni"ii io tt," public; that notice ofsaid meeting was dufy 9i"; U;fi''n"ir""p.p.r", radio or teLevisionstations and other _news media ."qu""irng. such noticei and thatsaid meering vras ca_Ired;n;-;"i;-;i strict accordance with theprovisions of ',AN ACT_ in ;;i"ai; t'o meetings,,., _approved JuJ.y 1I,1957 ' as amended, ana- trraJ-I.ii"p.""rio"nc and Board of Trusceeshave complied wirh -:+1^;;-r;;--"p;ii::bre-provisions of said Acrand its procedural rules in ti," "EEpiiIn of said resoluti.on.
signature
1985.
IN -WITNESS WHEREOF, I have hereunto afand rhe ;;.i';i';jd virrage, i;;;-i,;itllio.?, ,e,t,
(SEAL )
V I ge Clef&-8;
Upon the ro11 being ca11ed, Verna L. Clayton,
President, and the following Trustees answered present:
Uarienthal, 0'Reilly, Glover, Reid, Shields, Kowalski
REAl 5 9/JLTI9 4 4 40 5-b / 3 : 0 5 I58 5
MINUTES of a regular public meeting ofthe President and Board of Trustees ofthe ViIlage oE Buffalo Grove, Illinois,held at the Village Hal1 at 7:30 o'clockP.M. on the 20rh day of May , 1985.
The President ca1led the meeting to order and directed
the VilJ.age Clerk to call the roLl.
the
The following Trustees were absent:
Trustee
Clerk read in ful I
(Other Bus i ness )
MarienEhal
the following resolu t ion :
presented and the Vi 11age
moved and Trus Eee
seconded the moIion that said resolution as
Y' Glover,Reid, Shields, Kowalskl
AYE:
NAY:0 - None
ABSENT OR NOT VOTING: 0 _ None
Whereupon the
the resolution adopted,
o rReil1
Trustee Marienthal
President declared
and henceforth did
presented and read .by the Village CIerk be adopted.
After a fu1l discussion thereof, the president directedthat the roll be called for a vote upon the motion to adopt theresolution as read.
Upon the rolI being ca11ed, the following Trustees voted6 - I-larienrhal, 0'Reill
the motion carried and
approve and sign thesarne in open meeting and did direct the C1erk to record the samein full in the records of the president and Board of Trustees ofthe Village of
Other
Buffalo Grove,
busi. ness not
Illinois.
pertinent to the adoption of saidresolution was duly transacted at said meet i ng .
adjourned.
Upon motion duly made and seconded, the meeting $las
"rn
( SEAL )
V age C erk
&^-1r."*