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HomeMy WebLinkAboutResolutions - R-81-18 - 07/20/1981 - McHenry Hospital bonds R-81- 18 BOND RESOLUTION WHEREAS, McHenry Hospital Corporation, d/b/a/ McHenry Hospital (the "Hospital" ) wishes to finance the acquisition and construction of certain hospital and health care facilities which will be operated by the Hospital, and wishes to have the City of McHenry, 1'cHenry County , Illinois (the "Issuer" ) issue its revenue bonds to provide such facilities ; and WHEREAS, a Memorandum of Agreement (the "Agreement" ) has been presented to the Issuer under the terms of which the Issuer agrees subject to the provisions of such Agreement , to issue its revenue bonds to provide such facilities ; NOW, THEREFORE, the City Council of the City of McHenry , McHenry County, Illinois, hereby resolves as follows : 1. That the Mayor and City Clerk of the Issuer are hereby authorized to execute the Agreement with the Hospital 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 . 2. That the proper officers , employees and represen- tatives of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purpose of the Agreement as executed and to cause its revenue bonds to be issued upon the terms and conditions stated in such Agreement with respect to such facilities, which Agreement is hereby made a part of this Resolution. PASSED this 20th day of July, 1981. AYES: Pepping, Nolan, Harker, Datz , Smith, Serritella, Meurer NAYS: None ABSENT: Wieser ABSTAIN: None APPROVED this 20th day of July, 1981. Mayor ATTEST: City Clerk MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between City of McHenry, McHenry County, Illinois (the "Issuer" ) , and the McHenry Hospital Corporation, d/b/a McHenry Hospital (the "Hospital" ) . 1 . Preliminary Statement . Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The Issuer is authorized pursuant to Ill . Rev. Stat . 1979, Ch . 24 , Art . 11, Div. 74 to issue its revenue bonds to finance certain hospital and health care facilities . (b ) The Hospital intends to build and equip hospital and health care facilities within the boundaries of the issuer (the "Project" ) . The Project , including costs incidental thereto, is excepted to cost approximately $25, 000, 000. The Hospital , has requested that the Issuer assist the Hospital in defraying the cost of the Project by issuing its revenue bonds . (c ) The proposed financing will contribute to improved hospital and health care facilities in and other benefits for the Issuer. (d) The revenue bonds of the Issuer shall be limited obligations of the Issuer payable solely out of the revenues and receipts derived with respect to the Project; the Project shall be financed, for an amount sufficient to pay the principal of, premium, if any, and interest on such revenue bonds . No holder of any such bonds shall have the right to compel any exercise of the taxing power of the Issuer or any political subdivision of the State of Illinois and such bonds shall not constitute an indebtedness or a loan of credit of the Issuer. 2 . Undertakings on Part of the Issuer. Subject to the conditions above stated, the Issuer agrees as follows : (a ) That it will authorize the issuance and sale of the bonds pursuant to its lawful and constitutional authority . (b ) That it will enter into a financing agreement with the Hospital whereby the Hospital will pay to, or on behalf of the Issuer, such sums as shall be sufficient to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same become due and payable. 3 . Undertakings on Part of the Hospital . Subject to the conditions above stated, the Hospital 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 such instruments with the Issuer under the terms of which the Hospital will obligate itself to pay to or on behalf of the Issuer sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the bonds as and when the same shall become due and payable . 4 . General Provisions. ( a) All commitments of the Issuer under paragraph 2 hereof and of the Hospital under paragraph 3 hereof are subject to the condition that on or before 360 days from the date hereof (or such other date as shall be mutually satisfactory to the Issuer and the Hospital ) , the Issuer and the Hospital shall have agreed to mutually acceptable terms and conditions of the instru- ments referred to in paragraph 3 and of the bonds and other instrument or proceedings relating to the bonds . (b) If the events et forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the bonds in an amount of approximately the amount stated above are not sold within such time , the Hospital agrees that it will reimburse the Issuer for all reasonable and neces- sary direct out-of-pocket expenses which the Issuer has incurred at its request arising from the execution of this Agreement and the performance by the Issuer of its obligations hereunder, and this Agreement shall thereupon terminate . IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 20TH day of July, 1981 . CITY OF MC HENRY, ILLINOIS (SEAL) By is Mayor ATTEST: Its City Clerk MC HENRY HOSPITAL CORPORATION B _ Its President (SEAL) ATTEST: L A4-61/10-eL- Its Secretary -2-