1985-07-01 - Resolution 1985-34 - AUTHORIZING THE EXECUTION OF A SECOND AMENDEMENT TO MOA BTWN VBG, IL AND DELICE DE FRANCE INC REGARDING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDSRES0LUT I 0N N0. 85- 34
!/HEREAS, the President and Board of Trustees of the Village of
Buffalo Grove, lllinois (the "lssuer") did, on February 19, 1985,
adopt Resol ution No. 85-10, authorizing the President of the lssuer
to enter into a Henrorandum of Agreement (the "Menprandum of Agreement")
with Del ice De France, lnc., an lllinois corporation (the "Company")relating to the issuance by the lssuer of its revenue bonds (the "Bonds")in an aggregate amount not to exceed S2,385,000 to assist the Company in
the financing of the acquisition of a certain parcel of land in Buffalo
Grove and the construction thereon of a bui lding and equipment for a
bakery products production and warehouse and office facility; and
WHEREAS, the Company has proceeded to plan for such acquisition
and const ruct ion; and
WHEREAS, the l,1erD randum of Agreement provided that the Bonds
be issued on or prior to June l, 1985 (or such later date as shall
mutually satisfactory to the lssuer and the Company); and
mus t
be
WHEREAS, the President and Board of Trustees of the lssuer did,
on Hay 20, l!8!, adopt Resolution No. 85-31, authorizing the President
of the lssuer to execute and the Village Clerk to affix the seal of the
lssuer to the First Amendment to Mernorandum of Agreement with the Company,
said amendment extending the date of closing to July 15, 1985; and
WHEREAS, the Company advises that it will be unable to arrange for
the issue of the Bonds on or prior to July '15, 1985; and
WHEREAS, the lssuer is willing to extend said date to August t5, 1985;
NoW, THEREFoRE, Be it Resolved by the President and Board of Trustees
of the Village of Buffalo Grove, lllinois, as fol lows:
l. That the President of the lssuer is hereby authorized to execute
and the Village Clerk is authorized to attest and to affix the seal of the
lssuer to a SecondAmendment of Agreement with the Company in substantially
the form of such agreement as was presented to this meeting or with such
changes therein as shall be approved by the officers executing the same.
A RESOLUTION AUTHORIZING THE EXECUTION OF A
SECOND AHENDHENT TO I,IEHORANDUM OF AGREET,IENT
BETWEEN THE VILLAGE OF BUFFALO GROVE, ILLINOIS
AND DELICE DE FRANCE, INC., REGARDING THE
ISSUANCE OF INDUSTRIAL DEVELOPHENT REVENUE
BONDS.
Z. That the Resolution shall be in full force and effect from and
after its passage and approval as provided by law.
V I LLAGE OF BUFFALO GROVE,
tLLtN0ts
By
res entI
(sEnl)
ATTEST:
Vil.l-Age CIerk
AyES: 5 - llarienthal, 0rRellly, Reid, Shlelds, (owalski
NAYS:0 - None
ABSENT OR NOT VOT ING:1 - Glover
S!04&7n e^&.^-
-?-
SECOND AI1ENDMENT OF MEMORANDUH OF AGREEMENT
THIS SECoND AHENDMENT T0 MEMoRANDUM 0F AGREEI,IENT is between the V
0F BUFFALo GRoVE, lLLlN0lS, a municipality duly organized and valid
existing under the laws and Constitution of the State of lllinois (
"lssuer"), and DELICE DE FRANCE, lNC., a corporation duly organized
validly existing under the laws of the State of lllinois (the "Comp
ILLA
Iy
the
and
any") .
1. Prel iminary Statement.The lssuer and the Company have entered
into, executed and del ivered that certain Hemorandum of Agreement dated
as of February 19, 1985 (the "Mennrandum of Agreement") relating to the
issuance by the lssuer of its revenue bonds (the "Bonds") to finance the
acqulsition and construction of a bakery products production and warehouse
and office facility in Buffalo Grove, lllinois, The lssuer is willing to
extend the date by which the Bonds must be issued. The lssuer previously
amended the Memorandum of Agreement on May 20, 1985, said amendment extended
the date in Section 4(a) of the Hennrandum of Agreement to July .|5, 1985.
2. ArnendrEnt, Sect ion 4(a) of the Memorandum of A greement is h e reby
amended by changing the date rrJune l, '1985" to "August 15, 1985",
ln all other respects, the |lemorandum of Agreement shall remain in
ful I force and effect.
lN WITNESS WHEREoF the parties hereto have entered into this Agreement
by their offlcers thereunto duly authorized as of the
1985.
V I LLAGE OF BUFFALO GROVE,
r LL tN0 ts
lsr of July
-/?
By
P res i dent
(SEAL)
ATTEST:
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Vi 9ec I erk
(-
DELICE DE
4.,1,L AL Cr4
ts President
--\
1
(SEAL)
ATTEST;
1
S Sec ta ry
2
---2
STATE OF ILLINOIS
COUNTY OF COOK
SS
I, Janet H. Sirabian, do hereby certi fy that I am the duly qualified and
acting Village Clerk of the Village of Buffalo Grove, lllinois and as suchofficer I am the keeper of the records and files of the President and Boardof Trustees of said Vi llage.
)
)
)
I do further certify that the foregoing constitutes
complete transcript of the minutes of the legalIy conven
Vil lage of Buffalo Grove, ll I inois held on the lst da
1985, insofar as sar€ relates to the adoption oT-I--
a ful l, true and
ed meet ing of said
y of JulY
a true,
aPPea rs
RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF A SECOND AMENDHENT HEHORANDUH OF
AGREEMENT \./ITH DELICE DE FRANCE, INC,
REGARDING THE ISSUANCE OF INDUSTRIAL
DEVELOPHENT REVENUE BONDS,
correct and compete copy of which resolution as adopted at said meetinqin the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of the president and Boardof Trustees on the option of said resolution were taken openly; that the vote
on the adoption of said resol ution was taken openly; that said meeting washeld at a specified time and place convenient to the public; that notice ofsaid meeting was duly given to all newspapers, radio or television stations
and other news media requesting such notice; and that said meeting was called
and held in strict accordance with the provisions of ,'AN ACT in relation to
meetingsrr, approved July 1'l , 1957, as amnded, and that said president and
Board of Trustees have complied with all of the applicable provisions of saidAct and its procedural rules in the adoption of said resolution.
lN WITNESS WHEREOF, I have hereunto affithe seal of said Vi llage, 16;5 lst d6y of
xed my official
July s i gnat ure and
, 1985.
J,u-l-
Vi ge C lerk
(sEAL)
g-"!r,,.*"
MINUTES of a regular public meeti n9 of
the President and Board of Trustees of
the Vil lage of Buffalo Grove, l lI inois,
held at the Village Hal I at 7:30 orclock
P.11. on the 1st day of July 1985.
The President called the meeting to order and di rected the
Vi I lage CIerk to call the roll.
Upon the roll being called, Verna L. Clayton, the president,
and the follovring Trustees answered present:
Marlenthal, 0rRellly, Reld, Shie1ds, Kowalski
The fol lowing Trustees were absent:
(other Business)
Trustee Marlenthal presented and the village clerk read
in ful I the fol lowing resolution:
Trus tee MarienthaL moved and Trustee O'Rei11Y
seconded the rntion that said resolution as presented and read by the
Vi I lage CIerk be adopted.
After a ful I di scuss ion thereof, the pres i dent di rected that the
roll be called for a vote upon the motion to adopt the resol ution as read.
Upon the rol I being called, the fol lowing Trustees voted
AYE: 5 - llarienthal, OrReill y, Reid, Shields, Kowalski
NAY: 0 - None
ABSENT 0R NOT VOTING: 1 - Clover
Whereupon the President declared the notion carrtad and the resolution
adopted, the henceforth did approve and sign the same in open meeting and
did direct the Clerk to record the same in full in the records of the
President and Board of rrustees of the village of Buffalo Grove, lllinois.
0ther business not pertinent to the adoption of said resolution was
duly transacted at said meeting.
Upon rntion duly made and seconded, the rneeting was adjourned.
Tn &-$-"^
Vi gec erk
(5EAL)
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