1985-09-09 - Resolution 1985-42 - AUTHORIZING THE EXECUTION OF A 4TH AMENDMENT TO THE MOA BTWN VBG, IL AND DELICE DE FRANCE, INC. REGARDING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDSRXSOLUTTON NO. 85- 42
A RESOLUTION AUTHORIZING THE EXECUTION OF A
FOIIRTI{ A]'TEND}IEM TO MEMORANDUM OF AGREEMENT
BETI^IEEN TUE VILLAGE OF BUFI'AIO GROVE, ILLINOIS
AND DELICE DE FRANCE, INC., REGARDING THX
ISSUANCE OI' INDUSTRIAL DEVELOPMENT REVENI'E
BONDS .
WHEREAS, the President and Board of Trustees of the Village of
Buffalo crove, Illlnois (the "Issuer") did, on February f9, 1985,
adopt Resolutlon No. 85-10, authorlzing the President aod the Issuer
to enter lnto a Memorandum of Agreement (the "Memorandurn of Agreement")
with Dellce De France, Inc., an Illinois corporation (the "Company")relating to the lssuance by the Issuer of its revenue bonds (the "Bonds")in an aggregate amount not to exceed S2r385,000 to assist the Company in
the financlng of the acquisiElon of a certain parcel of land ln Buffalo
Grove and the construction thereon of a bulldlng and equipment for a
bakery products productlon and warehouse and office facilit)r; and
WIIEREAS, the Company has proceeded to plan for such acqulsltlon
and co[struction; and
WHEREAS, the llemorandum of Agreement provided that the Bonds must
be issued on or prlor to June 1, 1985 (or such later date as shall be
mutually satlsfactory to the Issuer and the Company); and
I,IHEREAS, the President and Board of Trustees of the Issuer did,
on August 5, 1985, adopt Resolution No. 85-39, authorizing the President
of the Issuer to execute and the Vil-lage Clerk to affix the seal of the
Issuer to the Thlrd Amendment to Memorandun of Agreement wlth the Company,
said amendmen t extending the date of closing to September 17, 19851 and
WITEREAS, the Conpany advises Ehat lt will be unable to arrange for
the lssue of the Bonds on or prior to September 17, 1985; and
IJHEREAS, the Issuer is w111ing to extend said date to l,lovember lr 1985;
IIOW, THERXFoRE, Be it Resolved by the Presldent and Board of Trustees
of the Vl11age of Buffalo Grove, Illinois, as follows:
1. That the President of the Issuer ls hereby authorlzed to execute
and the Vil1-age Clerk is authorlzed to attest and to afflx the seal of the
Issuer to a Fourth Amendment of Agreement wtth the Company in substantially
the form of such agreement as !/as presented to this meeting or lrlth such
changes thereln as sha1l be approved by the Offlcers executing the same,
2. That the Resolution shaLl be in full force and effect from andafter lts passage and approval as provided by 1aw,
VILLAGE OF BIIFI'AI,O GROVE,
ILLINOIS
B
res ident
(sEAL)
ATTEST:
\o^iYY\. &""!,.,"^.ffi
AyES: 6 - Marienthal, OrReilly, Glover, Re1d, Shlelds, Kowalski
NAyES: 0 - None
J"<
ABSENT OR NOT VOTING: 0 - None
PASSED: SepEember 9 1985,
1985 .APPROVED:Sep Eenber 9
-?-
FOURTH AMENDMENT OF MHIIORANDI]M OF AGREEI'IENT
THIS FOURIIT AMENDMEM TO I{mioRANDI,M 0F AGREE!"IENT ls between the VILLAGE
OF BUT!'ALO GPOVE, ILLINOIS a municipaltty duly organlzed and vaLidly
exlstlng under the laws and Constitution of the State of llllnols (the
"Issuer"), and DELICE DE FRANCE, INC., a corporation duly organized and
valldly exlstlng under the laws of the State of ll11nois (the fConpany").
1. Prellmlnary Statement. The Issuer and the Compan y have entered
into, executed;nd deTivered-t6at certaln Memorandum of Agreement dated
as of I'ebruary 19, 1985 (the "Memorandum of Agreemgng'r) relating to the
lssuance by the Issuer of its revenue bonds (the "Bonds'r) to flnance the
acqulsltlon and construction of a bakery products production and warehouse
and offlce facllity ln Buffalo Grove, I1llnots. The Issuer 1s wllling to
extend the date by r.Thich the Bonds must be lssued. The Issuer previously
amended the Memorandum of Agreement on August 5, 1985, sald amendment extended
the date in Section 4(a) of the l,lemorandum of Agreement to September 17, 1985.
2. Amendment. Sectlon 4(a) of the Memorandum of Agreement is hereby
amended uy-ifru"ffi the date I'June 1, 1985" to trNovember 1, 1985,"
In all other respects, the Mernorandurn of Agreement shalL remain ln
full force and effect.
IN WITNESS WHERIOI' the partles hereto have entered lnto this Agreement
by their offlcers thereunto duly authorlzed as of the 9th of SePEenber
1985.
VILI.AGE OT BUFFALO GROVE
ILLINOIS
7\
resident
(SEAT)
ATTEST::-
kd-TnWlasE--eGE
,
47-
complete transcript of the ninutes of the 1egally_ conve
Village of Buffalo Grove, Illinois held on the v.lh. d
1985, insofar as same relates to the adoptlon of a
ned
ay
meet inc
of Sept
of said
enber
STATE OF ILLINOIS
SS
COTINTY OF COOK
I, Janet M. Sirablan, do hereby certify that I an the duly quallfled and
actlng Vlll-age Clerk of the VllLage of Buffalo Grove, Illinois and as such
offlcer I am the keeper of the records and flles of the Presldent and Board
of Trustees of sald V11lage.
I do further certify that the foregolng constltutes a full, true and
)
)
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RESOLUTION AUIHORIZIIIG fiIE E)GCUTION AND
DELIVERY OF A I'OURTII AMENDME}IT MEMORANDW OF
ACBXEMENT WrTH DELICE DE FRSNCE, rNC.
REGARDING TIIE ISSUANCE OF INDUSTRIAL
DEVELOPMENT PJVENIIE BONDS,
a true, correct and complete copy of whlch resoLution as adopted at sald
neetlng appears ln the foregolng Eranscript of the mlnutes of sald meeting,
I do further certify that the dellberatlons of the President and Board
of Trustees on the option of said resolution were taken openly; that the vote
on the adoption of said resolutlon was taken openlyl that sald meeting rras
held at a speclfled tlme and place convenient to the publlc; that notice of
sald meetlng was duly glven to all newspapers, radlo or television stations
and other news medla requestlng such notlce; and that sald meeting was ealled
and held ln strlct accordance r.rith the provisions of ttAN ACT in relation to
meetings,r' approved July 11, 1957, as amended, and that said ?resident and
Board of Trustees have complied with all of the appllcabl-e provisions of said
Act and its procedural ruLes 1n the adoption of said resolution.
IN WITNESS WHERIoF, I have hereunto affixed my officlal signature and
the seal of said Villager thls 10t_h _ day of .Septernber , 1985.
7n 8. t,"-
vi ge Clerk
(sEAr)
MINIITES of a regular publlc meetlng of
the Presldent and Board of Trustees of
the Village of Buffalo Grove, Il1inois,
held at the Village Hal"l at 7:30 orclock
P.M. on the 9th - day of Septenber, 1985.
The Presldent call"ed the meeting to order and directed the
Vtllage Clerk to call the ro11.
Upon the ro11 being ca11ed, Verna L. CLayton, the President,
and the followlng Trustees answered present:
tlarlenthal, OrRell1y, Glover, Reld, Shlelds, Kowalski
Ihe foJ-lowing Trustees lrere absent:
None
Trustee Glover
in full the following resolutlon:
(other Buslness)
resented and the Vlllage Clerk read
Trustee Glover moved and Trustee O'Reilly
seconded the motlon that said resolutlon as presented and read by the
Vlllage Clerk be adopted.
After a fu11 dlscusslon thereof! the Presldent direeted that the
ro11 be cal1ed for a vote upon the motion to adopt the resolution as read.
Upon the roJ-l being ca11ed, the following Trustees voted
AYES:O 'Re11l Glover Reid, Shields, Kovralski
NAYES: 0 - None
ABSENT OR NOT VOTING: O - NONC
Whereupon the President declared the motion carrled and the resolutlon
adopted, the henceforth dld approve and slgn the same in open meetlng and
dld dlrect the Clerk to record the same ln ful"l" ln che records of the
?resldent and Board of Trustees of the Vlllage of Buffalo Grove, Illlnols.
Other buslness not pertlnent to the adoption of said resolution was
duly transacted at sald meeting,
Upon motion duJ.y made and seconded, the meetlng was adjourned.
Sr"L;"
vil ge Clerk
_ ( sEAl)