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HomeMy WebLinkAboutRes 58-85 12/03/1985 3075S RESOLUTION NO. 58-85 A RESOLUTION AUTHORIZING AN AMENDMENT TO A CERTAIN MEMORANDUM OF AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST PARTNERS REGARDING THE FINANCING OF A DEVELOPMENT PROJECT BY ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS WHEREAS, on September 17,1985, this Board did adopt a Resolution No. 46-85 authorizing the execution of a Meìnorandum of Agreement with Northwest Partners, an Illinois partnership, as an inducement to the Partnership to acquire land arid cOnstruct and equip a one-story office complex at the southwest corner of Algonquin Road and Route 83 within the village for use as an office complex (the "Project") ¡ said Project to be funded through the issuance by the Village of its Industrial Development Revenue Bonds in an amount not exceeding $5,500,000¡ and WHEREAS, following a public hearing, upon duly published notice not less than fourteen (14) days prior thereto, this Board adopted Resolution No. 53-85 on October 15,1985 to approve the said Project and the issuance of Industrial Development Revenue Bonds of the Village in the principal amount not to exceed $5,500,000 in order to finance all or a portion of the cost thereof¡ and WHEREAS, the Northwest Partners have requested that this village increase the issuance of its Industrial Development Revenue Bonds for the purpose of funding the Project in an additional amount of $1,5QO,OOO for a total aggegate principal amount not exceeding $ 7 , 000;000 ¡and WHEREAS, there is presently available to this Village an unallocated amou.ntof~l ,500,000 of the Village I s share of available Industrial Development "Revenue Bond authority, which amount may be allocated to the subject project¡ and WHEREAS, both Northwest Partners and this Village have agreed to amend the aforesaid Memorandum of Agreement to include the increased amount of IndustriglDevelopment Revenue Bonds in a principal amount not to exceed $7,000,000 and to reaffirm the Memorandum of Agreement as so amended¡ ~hd the President and Board of Trustees of this Village find and determine that the execution of the Amendment to the Memorandum of Agreement whereby this village agrees, subject to the provisions of such Agreement as amended, to issue its revenue bonds. in the increased aggregate amount of $7,000,000 to finance the Project would be in the best interests of ~his village¡ and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that, in order for the interest on any such bonds to be exempt from Federal income taxation, the Village must first call and hold a public hearing on the proposal to undertake and finance the Project and to issue the bonds¡ which additional public hearing is deemed by this Board to be necessary with respect to the proposal to increase the amouI1~ of ::;PÇqÞ9I1Clsfr9m $5,500,000 to $7,000,000. NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUS TEES. .c:.)F'!'flÊ"" v~t~:Aj~~:"§'R']-!ggE!:'A'~fi~g~J't!)F~;';~ðf{"f;¡¡(!ðt'Jm"'$ØTtT:YNõ'Y'S: SECTION ONE: The President and Board of Trustees of this Village find as facts the matterS þ.ereiI1ë:iÞQy~§et fofth, àridthe Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest an Amendment to the Memorandum of Agreement with the Partnership in substantially the form of such Amendment attached hereto as Exhibit A and made a part hereof by this reference. () ...'" .:.;i-/ SECTION TWO: A public hearing on the proposal of the Partnership that the Village issue its industrial development revenue bonds, in a principal amount of not to exceed $7,000,000 in order to finance the costs of the Project is hereby called and shall be held on the 17th day of December, 1985, at 8:00 o'clock P.M., at the Public Safety Building, Second Floor, 118 Northwest Highway in the Village. The said Clerk shall cause notice of the public hearing to be published in The Daily Herald, the official newspaper of the Village as well as a newspàþetófgeneral circulation in the Village, at least once not less than fourtE!en days prior to the date fixed for the public hearing. The notice of hearing shall be in substantially the form attached hereto as Exhibit B and made a part hereof by this reference. SECTION THREE: The officers and employees of this Village be, and they are hereby authorized to take such further action as is necessary to carry out the intent and purposes of the Memorandum of Agreement as Amended when executed and, subject to the provisions of and the compliance with said MeIl\9I."gnc:1P..In of Agreement, to prepare the necessary documents and to issue revenue bonds described above upon the terms and conditions stated in said Memoranduìn9f Agreement as Amended for the purpose of defraying the cost of the Project and the same is hereby declared to be for a public purpose and to be a matter pertaining to the government and affairs of the Village of Mount Prospect. SECTION FOUR: This Resolution shall be in full force and effect after its passage and approval in the manner provided by law. PASSED this 3rd day of December, 1985. AYES: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT: None APPROVED this 3rd day of December, 1985. /J /J II U L-4:A- ~ ~ /'It r ~_.. Village President ATTEST: ~~/~ Village Clerk -2- n l~ 3077S AMENDMENT TO MEMORANDUM OF AGREEMENT This Amendment to the Memorandum of Agreement made and entered J into this 17th day of September, 1985, by and between the Village of Mount Prospect, a municipality in Cook County, Illinois (the "Issuer") and Northwest Partners (the "Partnership") ¡ WIT N E SSE T H: ---------- WHEREAS, the Issuer and the Partnership have heretofore entered into a Memorandum of Agreement regarding the issuance by the Issuer of $5,500,000.00 in Economic Development Revenue Bonds, for the purpose of financing in whole or in part, the cost of acquiring the necessary land and of constructing and equipping an office building complex by the Partnership, said land acquisition, building construction and equipment hereinafter referred to as the "Project" to be located on a site within the corporate limits of the Issuer¡ and WHEREAS, the Issuer and the Partnership desire to increase the amount of Economic Development Revenue Bonds from $5,500,000 to a total of not to exceed $7,000,000 and to amend the Memorandum of Agreement with respect thereto¡ and WHEREAS, both the Issuer and the Partnership reaffirm and agree to be bound by the terms and conditions of the Memorandum of Agreement as amended. r'\ NOW, THEREFORE, upon the considerations hereinabove expressed, the Issuer and the Partnership do hereby agree as follows: 1. The Memorandum of Agreement dated the 17th day of September, 1985, is hereby amended by changing paragraph A.l. to increase the principal amount of bonds set forth therein from $5,500,000 to $7,000,000 and to further change the amount set forth in paragraph A.l.(c) to read $7,000,000 rather than $5,500,000. 2. All other terms and conditions of the Memorandum of Agreement dated the 17th day of September, 1985 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment and have executed and attested the same by their officers herein duly authorized, and have affixed the official seal as of the 3rd day of December, 1985. NORTHWEST PARTNERS VILLAGE OF MOUNT PROSPECT, ILLINOIS By Partner By ~.f~ fJ K~ Village President ATTEST: By~J ~ Village Clerk -2-