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HomeMy WebLinkAboutRESOLUTION - 87-85 - 10/22/1985 - MULTI FAMILY HOUSING REVENUE BONDS RESOLUTION NO. 87-85 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT WITH AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, NOT INDIVIDUALLY BUT AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 20, 1985, AND KNOWN AS LAND TRUST NUMBER 64804, REGARDING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000. WHEREAS, American National Bank and Trust Company of Chicago, not individually but as trustee under Trust Agreement dated June 20, 1985, and known as Land Trust Number 64804 (the "Borrower'), wishes to finance the acquisition of land and the construction of buildings and related improvements thereon, all as more particularly described in Exhibit 1 attached hereto and made a part hereof (the "Project"), which Project is to be initially owned by the Borrower and used as a facility for multifamily housing, and which Project is to be located in the Village of Elk Grove Village, Illinois; and WHEREAS, the initial owners of the beneficial interest in the Borrower are George Koeckritz, an Illinois resident, having his address at 1400 Hicks Road, Rolling Meadows, Illinois 60008, and Phillip Orzech, an Illinois resident, having his address at 109 Fairfield Way, Bloomington, Illinois 60108. WHEREAS, the Borrower wishes to have the Village of Elk Grove Village, Cook County, Illinois, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois (the "Issuer"), issue its revenue bonds to provide the financing for a portion of the cost of the acquisition and construction of the Project; and WHEREAS, the Issuer is a municipality and a home rule unit of government under the 1970 Constitution of the State of Illinois, and pursuant to its home rule powers and pursuant to Ordinance No. 1707, duly adopted by the President and Board of Trustees of the Issuer on March 26, 1985, as supplemented and amended (the "Enabling Ordinance"), the Issuer is authorized to issue its revenue bonds to aid in the financing of the costs of any "economic development project" and any "project", both as defined in the Enabling Ordinance, for the purpose set forth therein; and WHEREAS, so as to accomplish the purposes of the Enabling Ordinance and to provide safe and sanitary housing, the Issuer proposes to issue its revenue bonds pursuant to the provisions of the Enabling Ordinance, as then in effect, or its home rule powers, as then in effect, to finance the acquisition and construction of the Project; and WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of said Memorandum of Agreement, to issue its revenue bonds to provide the financing for a portion of the costs of the acquisition and construction of the Project; NOW, THEREFORE, be it resolved by the President and board of Trustees of the Village of Elk Grove Village, Cook County, Illinois, as follows: Section 1. That the form, terms and provisions of the Memorandum of Agreement attached hereto as Exhibit A are hereby approved by the President of the Board of Trustees of the Issuer. Section 2. That the President of the Issuer is hereby authorized to execute, and the Village Clerk of the Issuer is hereby authorized to attest and to affix the official seal of the Issuer to, and said President and said Village Clerk are hereby authorized to deliver to the Borrower, a Memorandum of Agreement with the Borrower in substantially the same form as Exhibit A attached hereto and made a part hereof. -2- Section 3. That the officers, employees and designated agents of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purposes of said Memorandum of Agreement, as executed, and to issue and sell its revenue bonds in an amount not to exceed $10,000,000, such revenue bonds to be issued upon the terms and conditions stated in said Memorandum of Agreement. Section 4. That the Issuer hereby finds and determines that the financing of the Project with said revenue bonds will relieve conditions of unemployment in, will encourage the increase of industry and commerce in, will provide safe and sanitary housing in and will increase the welfare and prosperity of the residents of the Village of Elk Grove Village, Illinois. Section 5. That the Village Clerk is hereby authorized to cause notice of a public hearing in connection with the issuance of said revenue bonds to be published once in a legal newspaper of general circulation in the Village of Elk Grove Village, Illinois, at least fourteen (14) days prior to the holding of such public hearing. Section 8. That all ordinances, resolutions and orders, and parts thereof, in conflict herewith, are hereby superseded to the extent of such conflict. Section 7. That this Resolution shall be in full force and effect from and after its passage and approval as required by law. Passed this 22nd day of October, 1985. Approved this 22nd day of October 1985. Recorded this 22nd day of October 1985. VILLAGE OF ELK GROVE VILLAGE, (SEAL) COOK COUNTY, ILLIN Attest: C zz;�� Preside Village Clerk i -3- Trustee Petri moved and Trustee Bosslet seconded the motion that said resolution as presented and read by the Village Clerk be adopted. After a full discussion thereof, the President directed that the roll be called for a vote upon the motion to adopt said resolution as read. Upon the roll being called, the following trustees voted AYE: Joseph T. Bosslet, Ronald L. Chernick, Dennis J. Gallitano, Edward R. Hauser. James P. Petri, Michael A. Tosto The following trustees voted NAY: none The following trustees were absent or not voting: none Whereupon the President declared the motion carried and said resolution adopted, and in open meeting approved and signed said resolution and directed the Village Clerk to record the same in the records of the Village of Elk Grove Village, Cook County, Illinois. Other business not pertinent to the adoption of said resolution was duly transacted at said meeting. Upon motion duly made and seconded, the meeting was adjourned. geel eI r€ k (SEAL) EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is by and between the VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois (the "Issuer"), and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as trustee under Trust Agreement dated June 20, 1985, and known as Land Trust Number 64804 (the "Borrower"). 1. Preliminary Statement. Among the matters of mutual inducement and intent which have resulted in this Memorandum of Agreement are the following: (a) The Issuer is a home rule unit of government under Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, and is authorized by its home rule powers to issue its revenue bonds to finance certain facilities. Pursuant to Ordinance No. 1707, duly adopted by the President and Board of Trustees of the Issuer on March 26, 1985, as supplemented and amended (the "Enabling Ordinance"), the Issuer is authorized to issue its revenue bonds to finance the costs of any "economic development project" and any "project", both as defined in the Enabling Ordinance, for the purposes set forth in the Enabling Ordinance. (b) The Borrower intends to acquire land and, subject to approval of the Village of Elk Grove Village Planning Board, zoning and other applicable ordinances and authorities, to construct buildings and related improvements thereon all as more particularly described in Exhibit 1 attached hereto and made a part hereof (the "Project"), all to be initially owned he and used as multi-family housing, and all to be located in the Village of Elk Grove Village, Illinois. the Borrower has requested that the Issuer assist it in defraying a portion of the costs of the acquisition and construction of the Project by issuing its revenue bonds. The initial owners of the beneficial interest of the Borrower are George Koeckritz, an Illinois resident having his address at 1400 Hicks Road, Rolling Meadows, Illinois, and Phillip Orzech, an Illinois resident having his address at 109 Fairfield Way, Bloomington, Illinois. (c) The revenue bonds of the Issuer shall be special, limited obligations of the Issuer payable solely out of the amounts derived by the Issuer from the Borrower, and the Project shall be financed from the proceeds of the sale of the revenue bonds in exchange for an agreement by the borrower to pay amounts sufficient to pay the principal of premium, if any, and interest on such revenue bonds. No holder of any such revenue bonds shall have the right to compel any exercise of the taxing power of the Issuer, the State of Illinois or any political subdivision thereof, and such revenue bonds shall not constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, with the meaning of any constitutional or statutory provisions. (d) The Issuer finds that the financing of the Project from the proceeds of the revenue bonds of the Issuer will be for the public purposes of relieving conditions of unemployment, encouraging the increase of commerce and industry, providing safe and sanitary housing, and providing for the increased welfare and prosperity of the residents of the Village of Elk Grove Village, Illinois. Subject to due compliance with all requirements of law, including, but not limited to approval of the Village of Elk Grove Village Planning Board and zoning authority, by virtue of such authority as may now or hereafter be conferred, and subject to receipt of adequate assurance from the Borrower that there are one or more purchasers for said revenue bonds, the Issuer will issue and sell its revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") to pay-a portion of the costs of the Project and costs incidental to the issuance of the Bonds. (e) The acquisition and construction of the Project has not commenced as of the date hereof. 2. Undertakings on the Part of the Issuer. Subject to the conditions herein stated, the Issuer agrees as ollows: (a) That it will authorize the issuance and sale of the Bonds pursuant to its lawful and constitutional authority, including without limitation the Enabling Ordinance, as then in effect, or its home rule powers, as then in effect. (b) That it will enter into lease agreements, loan agreements or such other agreements with the Borrower, whereby the Borrower will pay to, or on behalf of, the Issuer such sums as shall be sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) That it will take such further action and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuit thereof. 3. Undertakings on the Part of the Borrower. Subject to the conditions above stated,-the Borrower agrees as follows: - --- - (a) That it will use all reasonable efforts to find one or more purchasers for the Bonds. (b) That contemporaneously with the delivery of the Bonds it will enter into lease agreements, loan agreements or such other agreements with the Issuer, under the terms of which the Borrower will obligate itself to pay to or on behalf of the Issuer such sums as shall be sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) That it shall take such further action and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. (d) That the Borrower may designate any other person to perform its obligations under this Memorandum of Agreement and to acquire and construct the Project, and the current beneficiary of the Borrower may assign its beneficial interest in the Borrower to any other beneficiary or beneficiaries. (e) That the Borrower will diligently seek to obtain the consents of the Village of Elk Grove Village Planning Board and zoning authority which said approval Borrower understandings to be conditioned precedent to the issuance and sale of said bonds. -2- 4. General Provisions. (a) All commitments of the Issuer under paragraph 2 hereof and of the Borrower under paragraph 3 hereof are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually satisfactory to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to mutually acceptable terms and conditions of the agreements referred to in paragraph 2 and paragraph 3 above and of the Bonds and other instruments or proceedings relating to the Bonds. (b) If the events set forth in (a) of this paragraph do not take place within the time set forth above or any extension thereof and the Bonds are not sold within such time, the Borrower agrees that it will reimburse the Issuer for all reasonable and necessary direct expenses which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance by the Issuer of its obligations hereunder, including the fees and out-of-pocket expenses of its attorneys and financial consultants, and will pay the preliminary fees and out-of-pocket expenses of bond counsel, and this Memorandum of Agreement shall thereupon terminate. IN WITNESS WHEREOF, the Issuer and the Borrower have caused this Memorandum of Agreement to be executed, attested, sealed and delivered by their respective officers thereunto duly authorized, as of the day of , 1985. VILLAGE OF ELK GROVE VILLAGE COOK COUNTY, ILLINOIS �� l! (SEAL) By President �- Attest: i age eCI r AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, NOT INDIVIDUALLY BUT AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 20, 1985 AND KNOWN AS LAND TRUST NO. 64804 By is (SEAL) Attest It &-cig- _ �hb MsE ntneM h Ruanfed by AMERICAN NATIONAL EARA AND TRUST COMPANY Of CHICAGO, nat W_Cna!!Y taut sc!a• OW comlit;crs to !a ;y.._. t ,,..,' cs'restic, zs c, . [. E,. tha ccv nanto 71dt%s?G^.'i= ., C'-r /, . dw MEM Wsr.,+gypy (f N91yg1Y1f io,y�w 10 wo MINUTES of a regular, public meeting of the President and Board of Trustees of the Village of Elk Grove Village, Cook County, Illinois, held in the Village Hall at 901 Wellington Avenue, Elk Grove Village, Illinois at 8:04 o'clock P.M., on the 22nd day of October, 1985. The meeting was called to order by the President, and upon the roll being called Charles J. Zettek President, and the following trustees answered present: Joseph T. Bosslet, Ronald L. Chernick, Dennis J. Gallitano, Edward R. . Hauser, James P. Petri, Michael A. Tosto The following trustees were absent: none s w � (Other Business) Trustee Petri presented, and the Village Clerk read in full a resolution as follows: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT WITH AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, NOT INDIVIDUALLY BUT AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 20, 1985 AND KNOWN AS LAND TRUST NUMBER 64804, REGARDING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BINDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000.