Loading...
HomeMy WebLinkAboutResolutions - R-82-9B - 07/12/1982 - Amending bond for Margosian RESOLUTION NO. R_82_cAMENDING RESOLUTION NO. R-81-17 ENTITLED "A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3, 600, 000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS , FOR THE PURPOSE OF MAKING A LOAN TO WESTERN NATIONAL BANK OF CICERO, AS TRUSTEE UNDER TRUST NO. 6902 IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF A SHOPPING CENTER FACILITY CONSTITUTING AN INDUSTRIAL PROJECT LOCATED IN THE CITY OF McHENRY, ILLINOIS; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AS SECURITY FOR THE BONDS ; AUTHORIZING AN INDENTURE OF TRUST PROVIDING FOR THE FORM OF THE BONDS AND SECURING THEIR PAYMENT; AUTHORIZING THE TERMS OF THE BOND PURCHASE AGREEMENT , THE MORTGAGE , ASSIGNMENT OF RENTS AND GUARANTY AGREEMENT; AND RELATED MATTERS . " AND AUTHORIZING EXECUTION AND DELIVERY OF AMENDATORY AGREEMENTS WHEREAS , the City of McHenry, McHenry County, Illinois (hereinafter called the "City" ) is a duly constituted and existing municipality within the meaning of Section 1 of Article VII of the 1970 Constitution of the State of Illinois and has heretofore issued and delivered $3, 600, 000 Economic Development Revenue Bonds (Boone Creek Plaza Project) dated August 21, 1981 (the "Bonds" ) pursuant to The Industrial Project Revenue Bond Act, Ill . Rev. Stat . 1981, Chap. 24, Section 11-74-1 et seq . , as amended (the "Act" ) and to Resolution No. R-81-17 adopted and approved July 20, 1981 (the "Bond Resolution" ) ; and WHEREAS , Western National Bank of Cicero , as trustee under Trust No . 6902 (the "Borrower" ) is a land trust duly organized and existing under and by virtue of the laws of Illinois with its principal office in Cicero, Illinois , and duly qualified to conduct business in the State of Illinois and Charles S. Margosian and S. Louis Rathje (the "Beneficiaries" ) own 100% of the beneficial interest in the Borrower; and WHEREAS , the City has heretofore entered into the (1) Bond Purchase Agreement (the "Bond Purchase Agreement" ) dated as of June 15, 1981 among the City, the Borrower, the Beneficiaries and Elmhurst National Bank and Oak Park Trust & Savings Bank (the "Purchasers" ) providing for the sale of the Bonds by the City to the Purchasers, ( 2 ) Indenture of Trust (the "Indenture" ) dated as of June 15, 1981 between the City and Elmhurst National Bank, as trustee (the "Trustee" ) , containing a form of economic development revenue bond, ( 3 ) Loan Agreement (the "Loan Agreement" ) dated as of June 15, 1981, and between the City and the Borrower and the Beneficiaries, containing a form of Note from the Borrower to the City, which shall be endorsed to the Trustee; and WHEREAS , the Beneficiaries have requested the City to amend the Bonds in certain respects , and to enter into amendments to the Indenture and the Loan Agreement relating thereto, and the Purchasers have consented to such amendments in writing and have represented that the Purchasers own and hold all the outstanding Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS , AS FOLLOWS: Section 1 . Findings; Public Benefits. The City Council of the City hereby finds and determines that the proposed amendments to the Bonds, the Indenture and the Loan Agreement are in proper form and in the best interests of the City. Section 2 . Terms for the Bonds. The principal amount of the Bonds is due in consecutive monthly principal installments that become due in accordance with the schedule of payments attached hereto on September 21, 1986 and on the twenty-first day of each month thereafter to and including August 21, 2016, and interest thereon (computed on the actual number of days elapsed and on the basis of a 360-day year) at the rate of eleven and seventy-five hundredths percent (11. 75% ) per annum, from the date hereof, shall be payable quarterly commencing three months from the date of the Bonds to and including August 21, 1986 ; provided, however, that from and after August 21, 1986 interest on unpaid principal shall be payable monthly commencing September 21, 1986 and on the twenty- first day of each month thereafter to and including August 21, 2016 ; provided further however that on August 21, 1986 and at five year intervals thereafter on August 21, 1991, August 21, 1996, August 21, 2001, August 1, 2006 and August 21, 2011 such interest rate may, at the option of the holders of 51% of the outstanding principal amount of the Bonds , change to a rate (i) not exceeding 85% of the average of the interest rate per annum announced from time to time by Continental Illinois National Bank and Trust Company of Chicago at its principal office in Chicago, Illinois , as its prime rate (the "Prime Rate" ) as in effect for the preceding six month period, or (ii) if the Borrower shall concur in writing, not exceeding 140% of the Daily Bond Buyer 20-year General Obliga- tion Bond Index then in effect, which rate shall be determined by the registered owners of not less than 51% of the outstanding principal amount of the Bonds and be effective for the next succeed- ing five years; and provided further however, that at each such five-year interval a new schedule of level principal and interest payments shall be computed and be applicable for the succeeding five-year period. Section 3 . Amendments. Mayor and the City Clerk shall execute, acknowledge and deliver, in the name and on behalf of the City, amendments to the Bonds, the Indenture and the Loan Agreement, in substantially the forms submitted to this City Council, which are hereby approved in all respects, the amendments to the Bonds to be in the form of amendments or as restated Bonds, as amended, -2- but no such restated Bonds shall be entered into unless the holder of the pertinent original Bond shall have surrendered such Bond for cancellation. Section 4 . Other Documents. The forms of amendments to the Mortgage, the Assignment and the Guaranty (as defined in the Bond Resolution) before this meeting , to be signed by parties other than the City, are hereby approved in form and content, with such changes and revisions as may be necessary and agreed upon by the parties thereto . Section 5 . General . The Mayor, the City Clerk, and other officers , officials and employees be and they are each hereby authorized and directed, in the name and on behalf of the City, to execute any and all instruments , perform any and all acts , approve any and all matters, and do any and all things deemed by them, or any of them, to be necessary or desirable in order to carry out and comply with the purposes of this Resolution and the documents mentioned herein. Section 6 . Execution. Execution and sealing by the Mayor and City Clerk of amendments to the Bonds, the Indenture and the Loan Agreement shall constitute conslusive evidence of their approval of any and all changes or revisions therein from the forms of such documents before this meeting . Section 7 . Authority. Except as expressly herei provided, the Bond Resolution is hereby confirmed and shall be controlling, notwithstanding any provisions to the contrary contained in the Illinois Municipal Code and all acts amendatory thereof and supple- mentary thereto , and in any other law. All other ordinances, resolutions, orders or parts thereof in conflict with the provisions of this resolution are , to the extent of such conflict, hereby repealed. Section 8 . Severability. The provisions of this Resolution are hereby declared to be severable and if any section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 9 . Effective Date. This Resolution shall be in full force and effect immediately upon its adoption by the Mayor and City Council and approval by the Mayor. Adopted and approved in open Council meeting this 12th day of July , 1982. The foregoing Resolution was voted upon and passed by the Mayor and City Council of the City of McHenry, McHenry County, Illinois on July 12 , 1982 with 7 "ayes" , p abstaining, 0 "nays" and 2 absent. -3- The City Clerk be and is hereby authorized and directed to publish this Resolution in pamphlet form as provided by law. Approved: Mayor (SEAL) ATTEST: City Clerk Published this 13th day of J1y , 1982 in pamphlet form. -4-