HomeMy WebLinkAbout0231_001MINUTES
COMMITTEE OF THE WHOLE
AUGUST 28, 1990
UNMEMIM-90M
The meeting was called to order at 7:35 p.m. Present at the meeting were:
Mayor Gerald L Farley; Trustees Ralph, Arthur, Mark Busse, Timothy Corcoran,
Leo Floros, George Van Geem (at 7:40 p.m.) and Theodore Wattenberg. Also
present at the meeting were: Village Manager John Fulton Dixon, Assistant
Village Manager John Burg, Public Works Director Herb Weeks, Planning and
Zoning Director Dave Clements, Finance Director Dave Jepson, Director of
Inspection Services Chuck Bencic, Deputy Public Works Director Glen Andler,
Recycling Commission members Ken Westlake, Dick Bachhuber and Paul Hoefert;
three members of the press and fifteen persons in the audience.
II. MINUTES
The Minutes of the Committee of the Whole meeting of August 14, 1990 were
accepted and filed. Trustee Van Geem was not present when the Minutes were
adopted.
Ill. CITIZENS M BE HEARD
Mr. Ron Wold, of 617 North Forest Avenue, was on hand to complain about the
flooding that he has been experiencing. He said that at 3:45 a.m., on August 18,
the flood waters from the sewers filled his basement. He was disappointed that
the recent street project did not solve the flooding problem. He said that dirt and
sod were washed out on to the street from water coming from the District 214
property. He challenged the Village and District 214 to take care of the flooding
problems.
Jim Cardoni, of 610 North Fairview, also complained about the water in his
basement. He said the Village spent the money but the problem was not solved.
George Watanabe, of 607 North Prospect Manor, also complained about the
flooding problems. He said that some neighbors had moved out of town because
of the problem. He asked that something be done.
Charles Peterson, of 606 North Prospect Manor, said that he has lived here for
30 years. In 1987, he said he lost $21,000 due to flooding. Once again, he has
been flooded by this recent storm. He would like to see something done about
this serious problem.
Mayor Farley said he would like to accept the challenge of these residents to see
what can be done about the flooding problem. He said he would like to meet
with the residents in this area to learn from their experiences. He noted that a
Flood Study is in the draft stage and that in the near future, the Board should be
able to react to the findings.
Trustee Floros said he moved into that area in 1959 and also experienced these
flooding problems. He is upset that the problem has not been solved even though
money has been spent. He said no group has shown more patience than these
residents.
In response to questions by the Committee, Manager Dixon indicated that the
Village had requested that District 214 install berms to hold back the run-off from
the ball fields. However, District 214 refused to install the berms.
Trustee Corcoran was upset because he felt the School District should be required
to install the berms. He suggested that the Board meet with the School Board
to try to negotiate the installation of the berms. He suggested a temporary
solution; namely to install sandbags in that area to prevent further flooding.
Trustee Busse also felt that the Village should go to the School Board and get
something done immediately.
Trustee Van Geem said the reason this problem has been going on for 30 years
is that it is a complex problem. He suggested that the Village wait to get the
expert opinion and do the project right. He did not feel that the sandbags or a
berm would solve the problem.
Mr. Weeks said this was a six-inch storm. The Deep Tunnel was full and water
had to be dumped into the Uke. The solution will not be simple nor will it be
inexpensive.
Trustee Wattenberg said he is very sympathetic toward the residents in this area,
but he felt the Village needs to follow expert advice.
Mayor Farley said the Village will be meeting with residents when we obtain
results of the Study.
Dick Bachhuber also spoke in regard to the flooding from personal experience.
He noted that solving the problem in one area without knowing the consequences
to other areas is not reasonable. He suggested waiting for the expert advice.
R
Village Manager Dixon explained the need to increase the loan limit for the
CDBG program. After discussion, Trustee Wattenberg moved and seconded by
Trustee Corcoran to support the recommendation of the Village Manager to
increase the CDBG loan limit from $15,000 to $25,000. By voice vote, motion
carried unanimously. The appropriate Resolution will be drafted for the next
Board meeting.
WROMMMOM
Ken Westlake reported on the recommendations of the Recycling Commission with
regard to the Multi -Family Recycling Program. He said the Commission
recommends curbside recycling for low density multi -family units. This program
would be operated just like the current Residential Program with blue bins. He
said that later this year, the Commission would like to come back to the Village
Board with a recommendation for one to three yard dumpsters to deposit mixed
recyclables at high density multi -family units.
The Committee commended the Recycling Commission for the excellent and quick
work to develop a program for multi -family housing units.
Finance Director Dave Jepson indicated that the financial impact of a $2.00 per
$1,000 rebate of the Real Estate Transfer Tax for existing businesses that relocate
within the Village would be minimal. He said this would be a good incentive for
businesses within the community.
In response to a question from Trustee Van Geem, Mr. Jepson noted that he had
tried to look at any possible loopholes in this Ordinance. However, he noted
there would be a minimal loss of revenues at any rate. The Committee asked
staff to prepare the appropriate Ordinance for the next Board meeting.
VII. HOME QCCUPATION LICENSE
Mayor Farley said the Chamber had requested that the Village enact an
Ordinance to allow home occupations.
Trustee Wattenberg said that he agrees with home occupations. He asked that
the Village obtain advice from the NWMC.
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Mr. Mike Moran, representing the Chamber of Commerce, said that Mount
Prospect and another community are only two two of 13 towns in the area which
do not allow home occupations. He said the Chamber receives many calls asking
about home occupations, but the Chamber must tell them these are not allowed.
He said some people do not move into town for this very reason. He suggested
that any Ordinance would eliminate problematic aspects of home occupations such
as materials stored outside, heavy traffic and parked vehicles.
The Committee asked various questions about home occupations. Trustee Arthur
requested a list of businesses from Janet Hansen which she feels should be
allowed. Mayor Farley asked for input from citizens on this issue. This topic was
continued until the next Committee of the Whole meeting on September 11 so
that Janet Hansen of the Chamber of Commerce could be on hand.
Village Manager Dixon suggested that if the Village Board decides to accept a
jurisdictional transfer of Camp McDonald Road, the Village should require a
concrete road with curb and gutter, an enclosed sewer system instead of ditches
and a three -lane road to allow for a turning lane. He noted that the only way
the County will improve the Road is if there is a jurisdictional transfer.
Trustee Corcoran felt the jurisdiction should remain with the County. He was
concerned about where the money to repair the Road would come from inlater
years. He said it is their Road and they should improve and keep the Road.
He does not want to see other governments try to pass the buck to the
municipalities.
Trustee Van Geem agreed, noting the County keep the Road.
Mayor Farley asked what funds may be available for multi jurisdictional roads from
the NWMC. Manager Dixon explained the program and said that the various
communities must compete for these funds. The Committee asked the Manager
to set up a public meeting to allow residents along Camp McDonald Road to
express their views about the proposed project.
IX MANAiZES RUORI
1. Village Manager Dixon said that the Open Houses at the Public Safety Facility
will begin the first Saturday after Labor Day. He invited any person or group to
set up a tour of the facilities so they can see the reason a new Public Safety
Facility is required.
2. Manager Dixon mentioned that an Executive Session will have to be held at
the next Board meeting to discuss litigation.
Trustee Wattenberg congratulated Leo Floros and his wife for the upcoming trip
to Germany and other locations.
-4-
Trustee Arthur asked about the Village's policy regarding Village employees who
are called up to the Reserves. He noted that two Firefighters have been called
up. Finance Director Jepson said the Village pays the employees the differential
between the Military pay and the Village salary. He said they receive medical and
other benefits too.
Trustee Corcoran requested a status report on litigation against the Village.
K"I
At 9:55 p.m., the meeting was adjourned.
Respectfully submitted,
JOHN P. BURG
JPB/rcw Assistant Village Manager
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Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO: Village manager
FROM: Director Public Works
DATE: July 6, 1990
SUBJ: Jurisdictional Transfer Camp McDonald Rd.
I recently received a proposed agreement for the maintenance and
jurisdictional transfer of Camp McDonald Road between River Rd.
and Mandell. on May 31, 1990, 1 sent you a memo relative to a
meeting that I attended in Prospect,Heights with their City
Manager, representative of the Cook County Highway Department
and engineering representatives from Prospect Heights,
Arlington and wheeling.
In this memorandum there were some items that I felt should be
addressed prior to signing an agreement. Under Item I, Page 2
of the proposed agreement it states in part that "there shall be
a two lane cross section from Dale Ave. to Des Plaines/River
Road". The Village engineer and I feel that there should be a
third lane for the entire distance to be used as a left turn
lane for our residents fronting on Camp McDonald Road.
Further it was discussed that the Village may want to consider a
concrete street versus gravel base and bituminous surface. It
is also my understanding that residents in Mount Prospect adja-
cent to Camp McDonald Road have previously voiced opposition to
this planned improvement and it may be prudent to schedule a
public discussion with those residents.
Further, the agreement stipulates that the City of Prospect
Heights would take over maintenance of the full width of the
roadway between Rt. 83 and Dale Ave. Currently our corporate
limits are the center line of Camp McDonald Rd. This action
could affect the condo owners in the Colony Country multifamily
housing area.
While in my opinion it would be beneficial to have this roadway
improved and an enclosed storm sewer installed I would recommend
that the resolution state in part that "the Village of Mount
Prospect must approve the preliminary and final plan based on
local conditions prior to said implementation and transfer of
jurisdiction".
HLW/eh
cc: Village Engineer Bencic
CPMCTRAN.SER
7M CM USA
'EAR A-11112
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F -Prospect Public Works voopartment
Mount�
20
ri►INTEROFFICE MEMORANDUM
TO: Village Manager c: Chuck Bencic
FROM: Director Public Works
DATE: May 31, 1990
SUBJECT: Camp McDonald Road
Chuck Bencic and I attended a meeting with Bob Kiely of Prospect
Heights, Bob Hedrick of the Cook County Highway Department, and
the engineering representatives from Prospect Heights, Arlington
Heights and Wheeling. The purpose of this discussion was to
review, with the Cook County Highway Department, the possibility
of their improving Camp McDonald Road, from Rand Road to River
Road.
This issue has been informally discussed for nearly a year, and
it appears that the County may be anxious to make the necessary
improvements and relinquish its responsibilities by jurisdiction-
al transfer to all the communities involved. As you will note,
by the attached map, the Village of Mount Prospect would only be
agreeable for maintenance and jurisdictional transfer of that
portion between Mandel Lane and River Road. Per previous discus-
sions, the south one-half of Camp McDonald Road, by Old Orchard
Country Club, would be improved; however, maintenance and juris-
diction would be assumed by the City of Prospect Heights. The
City of Prospect Heights is also willing to take over traffic
control on that stretch of roadway.
Cook County's basic plan calls for a two-lane cross section for
the entire distance, with channelization at specific intersec-
tions. The bridge at McDonald Creek would be designed for four
lanes in case Prospect Heights would find it necessary to widen
this roadway to that width. There is also the possibility of
four lanes at the Soo Line railroad crossing near Camp McDonald
and Wolf. The Cook County Highway Department would not approve
installation of new sidewalks, but could consider planting of
some trees along the right-of-way.
The Village of Arlington Heights requested a four -lane cross
section on that stretch of roadway between Dale and Rand, which
the County will seriously consider. Bob Kiely from Prospect
Heights will make contact with the school district regarding
their preference for the roadway width at Schoenbeck and Camp
McDonald.
There also is a park involved, and it is possible that the City
of Prospect Heights may want a four -lane cross section between
Dale and Route 83 in Mount Prospect. Plans are currently in
progress for channelization and signalization of the intersec-
tion of Wheeling Road and Camp McDonald Road and for River Road
and Camp McDonald Road. The County does not believe there will
be any right-of-way problem on any length of the roadway. The
County is willing to put in storm sewers and curb and gutter,
but they would not be agreeable to improve the road and then
contract with the communities for the maintenance thereof. Any
improvements would have to be with the jurisdictional transfer.
Bob Kiely will be receiving traffic counts from the County on
Camp McDonald Road, and he'll forward these to us. It is Mr.
Kiely's intent to bring this before the Prospect Heights City
Council meeting on June 18, 1990. If they approve it, then the
agreement would be sent to either Mount Prospect or Arlington
Heights for approval of their portions of the roadway.
Some items that I feel should be addressed are as follows:
A. Between Mandel and River Road-, there are many driveway
entrances to single-family homes. We are concerned about
the potential for accidents if there were no left -turn lane
for residents trying to enter or exit their properties. As
such, it is our recommendation to make a request to the
County for a three -lane roadway between Mandel and River
Road and that the third (or center) lane be a turning lane
only, with no raised median - only painted lines.
B. In keeping with past discussions with the Board, we may
want to request that the County make this a concrete street
versus a gravel base with a bituminous surface.
C. I would suggest that a public discussion be scheduled for
the proposed improvements with all residents in Mount Pros-
pect whose properties abut Camp McDonald Road. We have
received telephone calls from some residents east of Mandel
Lane who are not in favor of any type of improvement, as
they are concerned about an increase in traffic. Also, on
the Colony Country planned unit development, it may be wise
to contact their homeowners association for their input
before any final agreement is reached.
Mr. Hedrick of the Cook County Highway Department believes pre-
liminary design, including survey work, has started, even though
the communities have not approved the cross section. He feels
that, realistically, the plans could be completed after our
review, and storm sewer installation could begin as early as
fall of 1991, with the remainder of roadway work being done in
1992.
HLW/td
attach.
bc: Superintendents
mount Prospect to Consent to
Maintenance and Jurisdiction
of south half by Prospect Heights
Jurisdictiionn to
n o
Arlington
Heights
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Addendum #2
VIL_ tGE OF MOUNT PRO "ECT
lh,-_N NG AND ZONING DEPARTNr—ST
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John F. Dixon, Village Manager P��
FROM: David M. Clements, Director of Planning & Zoning
DATE: August 23, 1990
SUBJECT: Home Occupations
The Chamber has suggested that the Village consider adopting standards that would allow
home occupations. Information from other municipalities has been provided by the
Chamber for review by the Board.
At the present time, Mount Prospect Zoning Ordinance prohibits home occupations, and
offices in homes, "except that a surgeon, physician, dentist, lawyer, clergyman, or other
professional person using his residence for consultation, emergency treatment or the
performance of religious rites only, and not for the general practice Qf the 12rQfOsion.It
However, what we find in the community is a wide range of inconspicuous home based
businesses, many of which have Illinois revenue numbers. Home based businesses vary from
contractor's offices, part-time caterers, artist studios, to computer consultants. Staff typically
becomes aware of home occupation if it is one that disturbs neighbors. These matters are
investigated on a complaint basis.
The difficulty with the present requirements is that well-meaning residents call the Village
Hall and inquire about opening a home business, and are advised that the Zoning
Ordinance does not allow home occupations. In many cases, these residents are aware of
other home occupations in the Village, and do not understand why they cannot gain
approval.
It would be appropriate to amend the Zoning Ordinance to allow home occupations, if the
home-based business met certain standards. For example, a home occupation should have
no employees, display no sign, nor have any retail sales on premise. Also, no home
occupation should include storage of supplies or inventory.
Many communities regulate home occupations based on such performance standards, and
this would be a reasonable approach for Mount Prospect to consider.
If the Board so chooses, the Village Attorney and I could prepare a draft ordinance, and
initiate a public hearing to amend the Zoning Ordinance to allow home -occupations based
on performance standards.
Lastly, staff has noted short -comings in our Zoning Ordinance in the past. This subject is
another example of how a new or revised Zoning Ordinance would better serve the
community.
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kc 35_ P.04
MODEL HOME OCCUPATION ORDINANCE
Proposed by Zoning Coalition for Home -Based Business
A. Pur
ose and Definition. A home occupation is an accessory use of a dwelling that
entirely or Partly the livlihood of a person living in the
dwelling, provided it Comply with all applicable performance standards set forth
in paragraph B below.
S. Performance Standards: A home Occupation must be conducted in Compliance with
!h_FOTTO�w ' �19 Tt_din�TaFds and limitations..
I. It should be clearly nciderital and Subordinate to the primary
residential use of -
one third of the dvieh"' dwelling, It should Occupy no more thanlling floor area, except by special permit.
(This calculation exclides the basement, attic, and garage areas
of the dwelling.)
2. It Should not change the outside 8PPearance of the dwelling, be
visible from the street, nor result in outside storage unrelated
to the use of the dwelling as &._r&sidence.
3. it should have no Sig -Is visible from the street, except signs
allowed under the local sign Ordinance governing residential
areas.
4. It should have no more than two full-time employees on the premises
who are not residents of the Premises, except by special permit.
5. It Should riot involve the use of electrical or mechanical equipment
that would change the fire rating of the Structure, create visible
or audible interference in radio and television receivers, or cause
fluctuations in live voltage outside the dwelling unit,
6. It should create no obiectiondbia noise (0 d8 above ambient at the
property lines), noticeable vibration, or objectionable odor at the
property lines.
7. It should not generate Sewerage or water use in Excess of what is
normal in the residential district in which it is located.
8. It -should not create vehicular nor pedestrian traffic nor parking in
excess of what is normal for the district in which it is located.
C.
Permitted Home Occupations: The following are permitted home occupations
any of the provisions of the previous paragraphs,
and that they are consistent with state and local licensing requirements.
1. Beauty/barber shop - single chair.
2. Bed and breakfast operation.
3. Catering, home cooking anJ preserving.
4. Child care.
S. Computer progranwring and services.
6. Contractor or decorator.
7. Direct sale product distribution (e -g., Amway, Avon, Mary -Kay)
S. Dispatching of transportation services.
9. Dressmaking, sewing and tailoring.
10. Drafting and graphic services.
11. Flower arranging.
12. Gardening, landscape maintenance.
13. Home crafts such as model making, rug weaving, lapidary work,
Jewelry making, woodworking, and upholstery.
14. Individual musical instrument instruction provided that no
instrument is amplified.
15. Interior designers.
16. Janitorial and cleaning Service.
17. Laundry and ironing service.
IS. Locksmith.
19. Mail order catalogue sales.
20. Office of a minister, rabbi, or priest.
21. Office of an accc:jrtant, architect, bookkeeper, broker, consultant,
counsellor, dentist, engineer, investment and financial planner,
land surveyor, lawyer, Physician, Psychologist, phychiatrist, and
real estate broker.
22. Office of a sales representative or manufacturers representative,
23. Painting,sculpturing, photography, or writing.
24. Repair service for small items,
25. Secretarial service.
26. Telephone answering or solicitation work.
27. Tutoring or instruction.
Or Similar types of businesses. Above list is not exclusive.
-3-
D. Prohibited Home OccuVations: The following are prohibited as home occupations.
1. Amusement or dance parlor.
2. Funeral home or chapel.
3. Health salons, gyms.
4. Helium balloons.
5. Kennel or other boarding of animals.
6. Medical or dental clinic, hospital,
7. Motor vehicle repair, parts sales, or upholstery,
8. Motor_vehicle sales.
9.' Motor vehicle fleet storage.
10. Nursing homes.
11. Private clubs.
12. Repair or testing of -internal combustion engines.
13. Restaurants.
14. Taverns.
15. Veterinary clinic or animal hospital.
Or similar types of businesses. Above list is not exclusive.
E, Any prcposed hone occupation that is neither specifically permitted by paragraph C"
nor specifically prohibited by paragraph D shall be considered a' conditional use to
be granted or denied by the appropriate Y'evieyn body upon consideration of those
standards contained in paragraph B. In many cases, ldeterfrli nation whether a
proposed use may be conducted in a dwelling will turn on the nature and extent
of the particular professional operation rather than its classification.
AN EXPLANATION Of THE MODEL HOliE OCCUDATION OXANCE
PrOPOSOC by ZOnIfig CoIIIIILJOP for 1(Onje-Based Business
It should be clearly inciiiantal and subordinate to Lho primary, rersidaniial use of the dwelling.
It should occupy no more than one third of the dwelling floor area, except by special permit.
(This calculation excludes the basement, attic, and garage areas of the dwelling. It is our opinion
that to protect the neighborhood It !i impurtIdn" UAL the toUss be useu prim,%-Oy as a residence. This would prevent
anyone rror,( buying a ho4so and satting up a busirass but rot &:tual!y living on the premises, It was decided that
one-third was a large enough portion for qstilto.ilshlrg the ypei of 0iisinesses o'�ich would be permitted under this
ordmancq since we are also A'lowing the a;sa of tha basement, attic and garage areas. The special permit will allow
more space depending upon an indiodwl's needs.
2. It should net Change the outside appearance of the dwellio-ig. be VISID18 frofti, the street, nor
result in outside storage unrelated to the use of the dwelling as a residence. People are afraid 8
hcma-triad businessowner will build something uq0y and therapy decreno trlo value or their property. This
standard protects the neighbarhood from any unsightly stzr,,ige shods, e�,onpinq or materials or supplies on the
property iosibio from the street. etc.
3, It Should have no signs visible from the street, except Sig -is allowed under the local sign
ordinance governing residential areas. this assures the neighbors thai a 20 foot noon sign won't appear in
someone's front yard advertising tl�eir business. Some local ordinances allow for a small sign (I rt. x I ft.) which
would be acceptable under this provision.
4. It should have no more than two full-time employees on the promises who are not residents of
the premises, except by special permit. It Was felt MdL if someone is allowed to have a full-time
hcusaka@per, b3bysitfat% gardener, etc '.hat a home-based ousinessparsen ;hou!d be allowed employees as well.
Wr have limited the number to protoc, the neighbors and discourage additional trarffc in the neighborhood. A special
permit allows for additional ompioyoilis depending upor� individual circumstances. Under this provision you may have
anyone llwnq on the premises as an ajnpoyes as *oil as two toll -time outside employees.
5- It Should not Involve the LSO Of electrical or mechanical equipment that would change the fire
rating of the structure, create visible or audible intarrerance if, radio and television
receivers, or cause fluctuations in live voltage ouLsIdo the dwelling unit. Again, this is a
protection fcr the neighbors as well as the rWda6 if the business creates a fire or safety hazard or
inconvenience for other nefghbors, it should iot Do permitted.
6. It should create no objectionable Wile (0 d5 above ambient at the property lines), noticeable
vibration, or objectionable odor at the property !Ines. "Ambient" noise is normal noise. The neighbors
shouldn't heir more noise after you Start your business uim they did before you started your business, Examples'
Music taachqrs should close their windows and put on the air Conditioner to prevent the noise from spreading into
the neighbors' home. If the neighborhood has lots of children, a day-care center should not cause any
problems -however. if it is a quite nejqhblorbood, stens will have W be taken to avoid noise. This some principle
applies to vibration and odor as well,
7. It should not generate sewerage or water use If, excess of what is normal In the residential
district in which it is located, If large quantities of water are used, it could create 8 problems in some
areas, especially if there Is a water shortage Dumping or some chemical$ could result In a health or safety
problem. Businessowri#rs creating additional sewerage wouid have to make othar arrangements for its disposal.
8. It should not create vehicular nor pedestrian traffic nor parking in excess of what is normal
for the district In which it Is located. As in the standard concerning noise, vibration and odor, there
shouldn't be any more visible traffic after you start a business than existed borers. Since UPS is normal in all
residential neighborhoods, UPS deliveries would te acceptabie. It was felt that if your neighbor Can have the bridge
club over with six or Leven additional cars needing parking, it would be all right for you to have several cars from
clients, employees or associates providing it did not occiii, constwnfly. If it is normal for each house to have two
parking spots on the street, you would be allowed the same amount and not chiti9iii the normal parking or traffic
situation Alto, if you provide additional parking in a driveway, this would be permitted too because it doesn't take
a space away from a neighbor.
Village of ._,)aunt Prospect � : .
Mount Prospect, Illinois's
INTEROFFICE MEMORANDUM
`""°w
TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: SEPTEMBER 6, 1990
SUBJECT: ROUTE 83 WATERMAIN
The original estimation for the emergency watermain repairs was $300,000. The bids
came in at $248,170 which included the entire length from Lonnquist to Golf Road on
Route 83. As you will recall, there have been several breaks along the west side of
Route 83 that has caused the furthest west, southbound lane to have several patches and
has caused the road to appear as a washboard. The Village has determined that this
section of the watermain, which is over 30 years old, needs to be repaired because of
the large number of breaks that we have had over the years.
We attempted to receive a Permit from the Illinois Environmental Protection Agency
which would allow us to repair, on a permanent basis, with an 8" heavier constructed
line. We know that there are continual breaks and potential of infiltration of not only
a combined sewer line in the area but also a storm sewer line that is in the area. In
order for us to receive the Permit, IEPA has requested that we either move the line
further east, which would then block two lanes of traffic, and IDOT would not allow a
Permit because of the length of time of construction. The other option is to move the
storm sewer that IDOT has on the line under the road at a cost of approximately
$75,000. Because of this additional financial burden, we attempted to convince IEPA
that as a temporary emergency measure we would replace the line with a 6" line instead
of upgrading it to the 8" line that we would desire. We would place the line exactly in
the same spot that it is. This would allow us to have a fully improved new line that
would last 20-30 years, however, we are intent that at some time we would replace it
with an 8" line, therefore, making it a temporary replacement.
Because of several breaks, concerns for traffic conditions and potential for contamination
of the line, we deem it to be an emergency repair. IEPA has informed us that if we
attempt to repair it, they anticipate they will be suing us to stop us from further
construction. This process takes approximately three months.
Staff is recommending to the Village Board, because of the emergency nature on the
repair of this line, that we replace the first block of the line with an 8" line where there
is not a conflict with the MOT storm sewer and that the second block from Sunset to
Golf Road be replaced with a 6" line and that we would inform MOT and IEPA that
because of the emergency nature, we are going ahead with the repairs. If they wish to
send the letter stopping the work, we will argue that point later one.
JOHN FULTC& ON
JFD/rcw
•
217/782-1724
Illinois Environmental Protection Agency • P. o. Box 19276, Springfield, IL 62794-9276
Re: Mount Prospect (Cook County - 0311980) Log No. 91-0075
August 28, 1990
Mr. Herbert L. Weeks
Director Public Works
Village of Mount Prospect
1700 W. Central Road
Mount Prospect, IL 60056-2229
Gentlemen:
We are in receipt of your letter dated August 21, 1990 regarding your
application for a construction permit for watermain installation on IL Rte 83
(Elmhurst Road) from Golf Road to-Lennquist Boulevard. The above project
consists of relocation of 1700 lineal feet of 8 inch diameter ductile iron
watermain to replace existing 6 inch diameter watermain of the same length.
After a review of the above project, engineer Jayant Kadakia of Permit
Section, contacted design engineer Robert Pszanka to inform him that the
proposed installation does not comply with the requirements of I11. Adm. Code
653.119 for the Protection of Water Main and Water Service Lines. The Agency
cannot issue construction permit for the above project for the reasons stated
below and covers other points referred to in your letter.
1. Plan sheets 2, 3 and 4 of 10 show the proposed 8 inch diameter watermain
less than ten feet (approximately 4 feet to the minimum distance required)
away from an existing storm sewer of non -watertight construction from
station 0+00 to station 7+00 . Note Section 653.119a for horizontal
separation and comply (copy enclosed).
2. Also, plan sheets 3, 4 and 5 (Station 4+09 to station 7+09) shows that the
proposed watermain is within 10 feet horizontal distance from the existing
combined sewer and less than 18 inches vertical distance between the
bottom proposed watermain and the top of sewer. Provide profile of the
installation along with storm and combined sewers and show compliance with
35 Ill. Adm. Code 653.119 a & b.
3. In addition to the above, another alternate solution, you may wish to
consider and suggested to your engineer, is the installation of PVC liners
in both the storm and sanitary sewers.
4. Further, your interpretation of 35 Ill. Adm. Code 602.101a, in relation to
this project, that this is a replacement of pipe with equivalent pipe is
not substantiated in so far as the size of the watermain and the location
of the same. This installation is a clear case of relocation with an
increased pipe diameter. Further the above code must be read in
conjunction with subsection b which states, "All work performed on a
public water supply shall be in accordance with accepted engineering
practices." In addition to the above, the requirements of 35 ill. Adm.
Code 653.119aand b are incorporated in section 41-2.01 of Standard
Specifications for Water and Sewer Main Construction in Illinois and the
Illinois Environmental Protection Agency ' c0.Box |9276Springfield. IL 62794-9276
American Water Works Association Standards, as accepted engineering
practice' Also, l would like you to note section 652'101a and b.3 of the
35 Ill. Adm. Code.
5. Finally, we wish the requirements of section lS and 16 of the
Environmental Protection Act and any changes made to u public water supply
without a construction permit and an operating permit shall be considered
as violation of the existing rules and regulations. Any legal action that
may result from acts stated above, is the responsibility of the owner's
and official custodian of the said public water supply.
receiptUpon of the information requested, further consideration will be given
towards approval of this project. In all future correspondence concerning
this project, please refer to Log No. 91-0075.
Sincerely
. �
"Donald E. Sutton, P.E.
Permit Section
Division of Public Nater Supplies
cc; Elgin Regional Office
Conk County Health Department
Thomas Mc8wiDgin - DNPC
Robert Pzanka, P.E.
Racycted Paper
5-90 1":C13 FR 0 H MT PROSP ECT PUBLIC WORK 10 708 2 53 33 7 7 P 2
. 01,iqu,
Herbert L Weeks
0006tv afts,tter ,
Gien A And4i,
W.tor Superi"tondent
oerry W MOntosh
at ... 4 UPOH.M.d.rt
Melvyn L auth
Forestry Supkirlptendomt
Sandra M. Clark
liquipmant Omporinsondont
Jim Cuenther Mount Prospect Public Works Department
Admainist-ti- Aid*
M 1, 50 A-gej, 1700 VV, Central Road, MOLJnC Prospect, 1111rCia 60056-2229
Mr. Donald E. Sutton, P.E.
Manager Permit Section
TEPA Division Public Water Supply
Springfield, IL 62794
REF: Log Number 91-0075
Bear Mr. Sutton:
Phone 708/870-5640
FAX 706/253-e377
August 21, 1990
on July 18, 1990, the Village of Mount Prospect's engineer,
Robert Pzankd, submitted an application to your office titled
"Illinois Route 83 Watormain extension - Golf Road to Lonnquist
Blvd". Your office assigned Log Number 91-0075 to this
project. Mr. Pzanka has since informed me that the I.E.P.A.
reviewer could not issue a permit as it was designed by us,
primarily due to its proximity to some parallel sewers.
There may be some misunderstanding on this project, which I
feel should be addressed. The main concern I have is that there
is an existing water main at this location which has been in
place over thirty years. For the past several years we have
been having numerous breaks/failures on this two block long
section of our system, The condition of the pipe is very pitted
and with the heavy truck traffic on Rte. 83 the main continues
to fail. This is a State of Illinois right-of-way and as you
note there are several other utilities in place. Everytime
our crews are called upon to repair a leak we must detour traf-
fic and we still have a safety hazard. During the past several
years we have budgeted funds to replace many of these mains that
are in poor condition so that our residents are not inconve-
nienced with low pressure during repairs, and that we minimize
any risk of a health problem attributed to the break. To this
end we bid out the replacement of this main at a cost to us of
$248,170.00. To add more money to this project would make it an
economic hardship for our residents.
Under subtitle F of Public water supplies in Chapter I - Pollu-
tion Control Board section 602.101 Construction permit it states
in part, "Public Water supply installation, change, or addition
Recycled Parmr
..CESS -0S-543 -", , i'7 t 61 �F� 0 1 1 Mi . P R 0 S . CECT PUIBLIC W .......
O R K ri 74.7 e 2S3 5377 P 2
shall not include routine maintenance, service pipe connections,
hydrants and valves, or replacement of equipment, pipe, and
appurtenances with equivalent equipment, pipe and appurtenances".
I therefore request that our application for a permit for
watermain extension under Log Number 91-0075 be withdrawn. The
Village is not extending our distribution system, but attempting
to replace it in kind in the same location. our interpretation
of this project and the Pollution Control Board regulations
suggest a permit is not required for a replacement project.
Thanks for your time and consideration on this matter.
Sincerely,
`— I
N4A
Herbert L. Weeks
Director Public Works
HLW/eh
cc: Village Manager Dixon
Engineer Robert Pzanka
IEPAWTRM-N
Village: of ,_aount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM'�
TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: SEPTEMBER 6, 1990
SUBJECT: SALE OF PROPERTY AT 443 RAND ROAD
The Village has received three bids for the sale of this property. All bids have some
contingencies or stipulations included in them.
The first bid received was from David Cohen in an amount of $15,000. This is
substantially under the appraised amount of $40,000 and I would recommend that the
Board reject this bid because the dollar value is so low. In addition, there are some
minor restrictions placed in the contract as well as one larger restriction requesting that
the Real Estate Transfer Tax for this parcel be eliminated from this parcel. Since the
buyer pays the Real Estate Transfer Tax, Mr. Cohen is requesting that he be exempted
from it which is contrary to the Ordinance.
The second bid that was opened and received was from Francis Cadillac in the amount
of $50,025. This bid was the only bid that was over the appraised amount of $40,000,
however, it has some major conditions in acceptance of the bid. First of all, it requires
that there be rezoning of this parcel to B-4 in anticipation of it being part of Francis
Cadillac property. In addition, the parcel between this lot and the present Francis
Cadillac lot, is also stated in the condition to be rezoned B-4 to become part of the
Francis Cadillac lot. While there is a condition of zoning in the contract, it does not fall
under the category of contract zoning. The two actions of acceptance of the bid and the
zoning would be separate and distinct from each other. The Board could, if they wish,
accept the contract, allow the potential owner to go through the zoning hearing and then
have a separate and distinct vote whether or not the zoning would be changed. The
Board has the choice of accepting this bid and allowing them to move forward on the
zoning hearing.
The third bid received is from a John Stanley of Wilmette. It is a cash amount of
$3,050 instead of the $3,010 or 10% of the bid of $30,100. This is approximately 25%
under the estimate the appraiser gave us for the value of the property. While the Board
is not restricted to accept bids that do not meet the appraised amount, I believe that the
single-family residential property market is soft now and that is why two bids are
substantially under the appraised amount. I would recommend that the Board reject this
bid. It is only 75% of the dollar amount of the appraisal. There are minor conditions
in the sale of the property which should be stricken in the Real Estate Contract,
however, they do not affect the substance of the bid itself.
JOHN FULTON MON
JFD/rcw
REAL ESTATE CONTRACT
WHEN EXECUTED BY ALL PARTIES THIS WILL BECOME A LEGALLY BINDING AND ENFORCEABLE CONTRACT
Ta, VILLAGE OF MOUNT PROSPECT Oil August 31, 1990
Of Of PURCHASER
I The um of this Oft are a Wiwi
2 VWe (Ppinclum) oft to purchase tie real am wrown as: 443 West Rand Road Mt. Prospect Cook, Illinois 60056
S"$
3 LWN described on WOO A, 4 arry Lot sate app,sommy 691 x 1451
4Together wo imparoyerments Tom and including persona property 0 any. located W the i as Of me date helied, for which a bill of safe will W given screel lstorm willowsand doors: shades, window bends5 drapery rods: curi rods, radiator =vers, areacirrof TV warrinnita. neirimit central cooling, ventilating, lighting and grumbling 4111UM attached rrdrrOrS. Sheryng, imenor struillens calourets; and bookcases: awnings, wan
6 shaft panted vegetation page door openers and trodinfiflem attached hreepticer Salem stroke defectors: as well as the following sMfic items
This contract remains subject to the annexation of Lots #4 & #5 in Block 3, Prospect
Meadow th Francs Cadillac, Cadillac, Inc. roperty, and shall be contingent to the Trustee's
10V
ship
21, OX
r VRr. .I be ouj 0 properties to be ZonedpB-4 for the use by said corporation.
8 t'-purd"ay- $ 50 025.00 Initial earnest money s5,. . 002.... 50 in ft form dl��rotechecix ,8-31 -90
ao,
9 polSo i7lage olmountP ect Upon acceptance alibis offer, said checr snail be property Maori
10 by MM and deposited by ft plurby designated in Paragraph 7 - -% 4% �, wairao"'gaga 1011"I 0-14i J-6, i awal 40" Strof'rimal sal
t1 money shall be returned, and this oft Mail be void If not accepted - - I - - -
12 'a i I'f - I 10*m 1 will! ow Ole
13 amain at I.— of such lessle amount as Purchaser Shall acipeol, win a fixed interest t& not to exceed at an aratioscapet rate loan with initial interest rare V to
A exceed not to excI _% and lifetime W nor to acceed __% Said loan to be amortized over a minimum Of — years Mai 8 loan Service image
15 not to exceed —%
16 11 Purchaser makes a woo tam reti W is Punchaw"IsontAySibieri1woll minate linteacest InPar agrapill IF SELLER IS NOT
17 SO NO11ftED M7HN S1,0 VME PEPACID PURCHASER L PURPOSES BE DEEMED TO HAVE SECURED SUCH COMMITMENT OR TO HAVE AGREAMTO PURCKASE I HE REAL ESTATE VATHOUT MORTGAGE
H
8 FINANCING OR RASEDUPONTHE MORTGAGE COMMITMENT Y OBTAINED. Seller so totaled, Seller may, at Seller's option, within additional days after said notice, elect to accept
is
draflars; N Seller is so notified, Putcraset agrees totunish to Seller all requested credit and
;9 wdiaerr)oneyfiwringo(los=eamwMecwmtmemonWWf 11 PW clabon' the arca parrid; ear the risiongerge low contemplated herein with such other material heirre; and conditions for comparable
20 loans eslablisheil by any lending institution with a principal office in the Chicago Man sa "o -- 0 ar '. I'-
21 finarricial informatian and to Sir customary papers relating 10 the applicalch'a';nd of a urmmptxwY 'S"fe's thereafter unable orunwilling to secure such comandimard or to accept purchase money
22 firiandong as herein provided. arms carml snail be null and vorcland be eat R be herou'red to JLO PURCHASER RECEIVE A MORTGAGE COMM ITMENI CONDITIONED UPON SALE OF EYJ STING
23 Plef
24 3-11ve Purchase Force "I be paid. sub to photons. all in cFh. by cati dreck 9 closing,
25 a ankIffaconlairms with INS contrast or has been accepted by Purchase( by conveyance by stamped recordable warranty deed
26 mon teattlare of Homesusial Rights lor oft apprittonate derop I litle is w trust of m an escith) and peyiriW of purchase price
27 (b) Tq* Mall beconveyed Gemaltax i 19-10—and cubsequenlyeals, solve Now le 4 6*901,11001 114"ll lot 01111wils
28 . building %nesand building and Itaul resnotionsol necti zoning and buniding laws and yomances, private outhr
29 and utility easenneirls coon anis aril iestlictlonS 01 fai as ID ose ail occlipair" carry *all right and agfeements it any, existing Yaases and lentaxits in neral estate with mltoe units, The thon4age Or bust ciried x1 n 3S
30 Jescribed in Paragraph 2 above, acts done or surtearea by or through the Formal
31 S_. -Real Estate Wes (based on --I-JJQ of most necters asomlainatue (axes), assignable insuramot policies. it requested by Purphartuff, rents, ii arrin water taxes Ship one prolatabie items Including load hazard Psurance
-2 Shall he prorated to date of possession re arra warned coverage insurance poicies snail be assigned to into acceptant by Purcreseir at closing ll*h 0096 0 avoi 40ii
33 A-106 ila-01 alixia '- "I",wal" 1.1 a-, - 1 11 1� 1-111,jee
A 6 -Possession shaft be leinvial 7- OS 1!!9 provided Sale has been closed 0 - —Y the ourolase once is io tie 10C 'I
35 wow by n# a is secunry to Purchase for possession to be paid to Me Puralw at Itle -ate 31
36 day for each day posswon is withheld beyond said date Possession snail net ceffneda given when Seller has vacated the premises and delivered the keys to the same to Puncriaser if c :he
37 3norens) Any balance in said wow tuna after possession is Wintered Shut be paid to Seller Retention of possession by Seller Wes not create a Pridlord-tenant ittialtionsinip to me purpose of notice
38 7 ---Earnest money and this cordact stall be hold by for the benefit of Me parties me-io
39 1 one PUFMaSef defaults Iolfr)(ep Money Shall be todeiletl aiipuea to yireru apke4 s rAlmmtssion anicarliv extatensesincument and balance paid toSifir AuSetter satectiort suchlo0eaure may be, in lull pelierrienr I all
40 Unages 9 Seller defaults earnest money at action of purchaset stall be refunded to Purchaser, out ournhirkaidnig Shall net release Seller tram its Obligations under this contract Seller ano Purchaser agree that Said unrest
At T" IS to W held in 2 federally Qi ngiWIUAiondeSigrMeCbVMCLilingBrOW AdilntffwmmeaonmeamesirnomyistoamuetoPurcriawar4istobeDaidtaPjrTawat
'Pe line at nosing oi- 'oor r
42 " IN, ':
Once 04 xJ new a Office Of listing !YDW Y as Specified below
B-Th,s sale Shall be to=,
43 xl� 1 7-n 1,;
" %") raw Acallessl
45 or at reQuem of ahmftef in with 'Swing me lige sar#minnnm by aw and money escrow. I", to besuvirl beetweer, Selet and Puisnaser Seller mil pay a broker s commission as pmvnlec n tr•e
46 Exclusive Right to Se r oft I
47 Listing dialer os \ '1/ The =peniong broker if any.
48 PURCHASER- ..resi333 W. Rand Road
Address dent
49 PURCHASER Mt. Pro
50 PURCHASER S NAME (TYPE 3 ICce 1NCCity. or i--14icl -calaw--F-F-IX
nominee
51 ACCEPTANCE OF OFFER BY SELLER
52 This day 31_19_ we accept this offer and agree to perform and survey title or cruse title to be conveyed according to be terms ol this contra t
53 SELLER Address
54 SELLER
City - - - - T1wP'-- Zip
55 Seller's Son SK III
Form C FM North Shore Board at REALTORS' ABC
THE PROVISIONS APPEARING ON THE REVERSE SIDE HEREOF ARE AN INTEGRAL PART OF THIS CONTRACT
S " Sow owl dlwacam bbedeewedtoPurirAlaera yensagortnotlessfenfvedysP'therbhfeedtiNrwp,aNlltaehrM ,WOW*WsNNNleaucmnap1NkydfuedbyaFIMwaauvrrcdit"I
57 acaned b db Maness in the Slate d Ntam. in ff armaam of he j*—ea6e Dice, wvenrg title b fie rsl ishan m a aNf fr da taamdl, fI ba- fe intended grfffa 36tod ate b (1) the tortdaons, and shotialiama
5f and sandlird or gernwal exapibre caromed loft iAwvef s poll sued by hat Company. (2) I*M* uMM W 100above. III oili l Mol. ahld 131 Nile arplpfdns winch mfy tis renewed by Ne Payrnnx Of mor" al
59 this We Or closing ant Ouch fse Sti nay so remove r fa ON by owing the lends to be wW upon Nae denary or the dole. DfW in dsnwy by Shcw d C011-101 0 lot Tele Ne6oralN,m dole to dsky by PuroeseY5 morgagx
60 in mcading maypge and bringing down bile shah not be *MA of expo paragrpn Every bile cor"I risen lur"rred )M Nee Selo hffrdr shall be vo "War=d good MM 43 fwah random logo only 10
61 erarpaaaxs f9 fwdn skaldb b Ml a riy part A sad reef estate raaciddh, on the dale d the mrlbact, wfs tfaytLaarfd info No at IN ItOWS at tMfs or Coaly Cowsy, IN Sof* shah (t) lwder ft ffo cmlowint"wit herrn
62 re igu ed. and (2) eahihl the Owner 0.picale arbfinale or hill at a catered copy tieri and lender a arremsy awed Fleglsfer of Title's special W search and a cumNNfy dsled Flow" or fibers federal to lien %min
63 (til f the file comm~ dsdosers faapums retailing to IAIE aft than nose mored to in paragraph 9(a). Stab snag have 30 dye fen ff dal d IM delivery b PuUrrlw feed to fie these enzdions rernpvod
6k hem he da rmbnere n 5Nb Fa is d have d ew excepmons r rt bund wathm such hmw Pwchawv may IemNb d is canracl a may Med, opo noon to Serb wimn 10 days aNe baa W uilim d dk 3fJ day plied. la kwe elk
65 as it men is with Nle right to dedud horn the purchase once kens or end mances or a delink or asarnuade arnaa'e N Purchase does nal m road. tin contract shall become rutl and void wittqu further apron or the parties
66 and the eemesf money stsd be harbored to the Purclyser
67 10—Ths anfxt n Contingent upon the approval lied as to 101711 by IN 30017 y'S for Purchaser and Seller wunm r days afer SMkr's alsahorbe d IhS coMraU Unless wrnten notice d dsapproval is given wenn
6$ nE ttme pe xW peGfied dbawe this Contingency shall be deemed waned and this Contract will remain in tun face and Mind N written notice of 6sa ill is given within the time period specified above. far dwS corahad shall
69 be rpt aro void and the eamerst money stall be intoned to Pura" The notice of disapproval may, to gram by ether 02M hereto or by Purer respective attorney For purposes of this corlhngeny, ore widen nonce or
70 disapproval must be persornMly delivered ant Slhall be deemed given and be afkcbve as of the date *than such notice is mmved by Seller or or Listing Broke as ago la Sebes, it such notice of disapproval is being made on
71 bend( of Purchaser N such notice Of asapproval is being made on behalf d Seller, sate nofice shall be Owned given on dk dale *hath such notice is received by Purchaser or it* CooPera ding &oil if any. as representative of
72 Pwdtdser Ice the limited purpose of the recefpl of notices wider the ams or the Contingency
73
11—The, confirl t is cRnhh'gem upon apacwa¢ by Purchareff Oft eraadhon of thereat ewe as evWehrxd by an rrspirMon Crindirdired at Ifirainspiew s expense and by a dorabada sexespa dy Pwdasrr. within days
'a other Se!kr s acccxslar�r d ens dor4nael Purcrosrh snaN Ihdrtarrwty Stab from and agaure„ amu boss a damage to dk erne estate dalAsed by Nle ads br rkghgorwde d Purchaser Of tyle pwsm performing such � hon �nksa
75 ern len i,ohce of disapproval is given within ne mire period 5perane0 above 'this :71mitency, shall be deemed waived and this contract wad remain in hull force and affect. N written notice of disapproval is given within the lime
76 pelod specified above, then this contract snail be null and void and ne samesi money snail be returned to Puretpse For purposes of nrs araUngmcy, me written notice of disapproval runt be personally delivered and snail be
77 Beamed grew and be effective as M IN dale when such notice is recened by Seller or by Listing Broker as agent to Staler.
76 12---HdwrthSanding investing t0 the contrary contained In NIt5 Coni Seller represeM5 dNl to bre best of Seller's bnowiedge, all healing, central cooling, ventilating, electrical and plumbing hmfes ate systems on the real
79 estate and all appliances b be transferred to Purchaser pursuant to this contract are in waking order and will be so at ere note or dosing.
60 13---u"ENERAL CON131TIONS
Bi (a) N prior to closing. Improvemerus on the real estate are destroyed of maritally damaged W fire or other casually. fns conflict Y option of Purchaser shall become null and void or Purchaser may elect to Mike air
82 assigning Of Sellas insurance proceeds.
6.3 (b) Prior to closing, Seller shall Iurmsh air Seller's expense a surly salad not more than 6 months prior to contrail acceptance by a licensed lard sureya showing the bailor of ane improvements (including krcrs
64 segarahng the real estate from adjoining propert:esl thereon and snowing all rrlcrdaChmahts."ii arty. If the suney discloses iproill location of nspiavemmts or encroachments and Seller is unable m Onain ntfe insurance
a5 protection for the denefil of Purchaser against loss resulting from such rmproper location or encroachment. Purchaser may, at its option. dtd are th5 contract 10 be null and void. Pruviol all existing mprovemen5 (including
66 traces) and encroachments it any appear an the survey thus tumisneo. Purchaser shall pear bk cost of any later date survey when may be required by Purchaser's m ngagete or learned by Purdutser
67 (c) Exrshng mongage and Ian indebleti ess may be pard out of the sale proceeds Purchase; may, place a mortgage on ilk real esker ant apply proceeds on purchase
Be (d) All of the items of persural prop" snail be transferred to Purmaser by delivery at Closing Oa allomary, 6111 o1 Sale withoul wrramy at meratantall or fitness for purpose. Seller also shall furnish Purchase an
89 abiarnt of title covering the hme of dosing, subfed only to the line exceplions pemnined by this Contrail and shall sign cLawary ALTA forms
90 Or Purchase acknowledges fpr the benefit or Seller and for The bmMtl of old parties that Purchaser has had camplete access to erne real estate, its improvements and included personal property, as well as the oubtic
91 'Koros related to the protteny, and �.s saisned as to he pnys+al and oda condition of the rear estate, improvements and included personal propedy as being completely satisfactory to Purchaser
92 (1) Seiler shall renove all debris from the real esrale and improvements W date or possession, Purchase shall have the right to hoped be real estate and improvements during the 48-hour period mrdiarely prior to
93 dosmg to verify thdi the real estate improvements and included personal property ale in substantially the same condition, normal wear and pear excepted, as of the date of Seller's acceptance of this contract
94 (g) The Seller warrants that nether Seller nor Seiler s agent has received notice of arty dwelling code violation which exists an Nie tale of this contract from any city, village. or other governmental authority
95 (h) Stab and Purduase shall execute all documents and provide all infuriation so tial ant Federal Leader an issue its dommibttra and close the transaction in accordance with the raquirehems of the Real Estate
96 Se"W" Procedures Act at 1974.
97 (i) Seller shall comply win the terms of arty municipal Odom la municipality in which the read esslale is lasted relafing to the Narsaction comm>pkled thein and shall provide to Purchaser at dosing evidence of
gg compliance with such ordinances Trarsier taxes required by local ordinance shall be paid by the pant des gnated in such wi inanor. Seller 4211 pay any transfer W wroosed by stale Cow.
99 0) All notices or other communications which may be made pursuant to or which may W necessary or convenient in connection win this agreement shall be in writing and shall be made to the parties hereto at the
100 addresses which appear ane their names (or at such address as each may by written notice to the other designate) by personal delivery of by cetified or registered mail, In the ase of mailing, notice shall be deemed to be given
101 as of the dale nonce is placed in the United States mail, postage prepaid.
102 (k) Purchaser shall furnish flood insurance required ray, any lender and shall pay any usual and customary processing costs of charges reputed by any lerder.
103 (f) Time is of the essenceprovided trial seller am Purchaser may change any date or time limit set forth herein by a written agreement executed try Seller and Purchaser or their authored agents
104 (m) This contract and the transaction described herein may be subject to the provisions of the Foreign Investment in Wal Pro" Tax Act of 1%0 ant all amendments therelo (the' Act") Seller and Purchaser shall execute
105 or cause to be executed all documents and hake of cause to be kken all actions necessary in order over Padhaser shall have no liability, either actual or potential under the Ail.
106 (n) Seller agrees to provide the Internal Revenue Service with the Sale d Real Estate 1099 form as required try law,
The airs of the Ridef(s) consisting d,_,_, d pages aMched tested is made a part hired.
This coml oranded as a woriesy by the North Shore Board of Realtors•, wnlch aswnres no repoo5phlity to its legal 9tdiciery, of rontems
A IlLA
REAL ESTATE CONTRACT
WHEN EXECUTED By ALL PARTIES THIS WILL BECOME A LEGALLY BINDING AND ENFORCEABLE CONTRACT
TO VILLAGE OF mxw PRxpBcr DATE A
OFFER OF PDRCKtSR -�U�gust 31, 1990
W" of Ma olifir am w4
ewe MN Oft to UMN ft NO OM Woo OL 443 West Ranil Road, Mt. Prospect, Cook, 11. 60056
smDay
Legal cleavilled SIT likehilld A, Mary. to on Wreparieffely
Tooft w" lroffrovernel therfort &V on:Ajong prow gradient, 4 ixi . Lft, 7,W" ewe a Of the It he fiend. to 'phi seam wrindows And dom "cles, window barinds.
*AWY nodic 4011 Mft tallialhor down aftched TV aNiffirmai hile", dernI coq i% witholooll likindures: artached riturnom shemm* 91wof ft*M &*Mt And 111001112:1101SL 011011111115, x(ch
Shades, oww "Mon pew 4= Openers am tmw"n fthed Iffilln" saws, WO* =,N=Ilft follavorg; speclificifer"
r The following "I be excludad
10
11
'2
13
4
5
17
18
19
20
21
22
Z3
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
1—Purchalse price 9 3211 raw aamew money s 3, 010.00 in Me form of cash
payable to —d"d dow
—
Upon acCePtince at Me ft. Said ci snail be properly endorsed
the party des4ioded in Paragraph 7 ;;m A 01 1 likilly Wom afir "i-lial Il N0% R19% i JAMWO 1 $of olikAg."llifly is ma,
money Shall be ieturneo, and INS cidi Sul he old If nal accepted 40 air "is —OAAPim"w"-on-m-l'--o Sadireffialearrest
4silooklow im, Rio! 6—miiiamisi NOR I'M
or such esser sholum as Punhaster snail Woo. Wrin a furifill "Ierest to not to exceed I! "t 7.0= W:Inloorit"blinial interest rate not to
4 "S' able" with "'d
exceed Of Such l "'i
Sichrol cap not to exceed % and lifetime w not to exceed —%, Mind loan to be amortized over a rrifirmium of YM Win loan UP" charge
exceed and let 0 0 a
not to exceed %
exceed
PUfloaleir drefieffifor MEM loan op"Whihs"I'd l"A, PWZhAW "I SO oci Seller in wrong within ft Oft Specill in Paragraph F
PERIODil PARCH site
"1
I`rOl W " "'b"" S58 loan
1W
THE MORT, GAGE `Eww 5
P"'D L I
TIME
NOTIFIED
O R`� 0 P CHI 21 SELLERISNOT
SO NOTIFIED Ai SUCH TIME Ol PILACH FOR ED TO HAVE SECURED SUCH COMMITMENT OR TO HAVE AGREED To PURGhAGE INE REAL ES
OR � Y OBT, Sa�
FINMCING OR BASSO L"N T T COI S TATE WfTHOiJT MOR GAGE
Y OBTAINED. 0 Seller is so rrooriol Sake, may. W Seller Option, d aft $ad notice k�cr ow
ff*VW halythe —'-forme
NAN' "rel HE 'eh"' NE
bid or _ Wirs 'a to
tOSi CW#MUWI on bated a SubStanfifint the WV Wft for ft morrol Win heranic with Such we overall Refores and condrocks 14X comparadle
plat
hase money
by ably he _ do do
barre; esi I*d Dy any ifenctragabloorech, won a on ribroal office in the C"o Meir
doolod - sh" Met of "A
So
finarri information at 10 sign =way papers retiallov to k appircallor lot W siciuming commmiest a Seile, +s theradreer ursliffie Of omen ling ro securie Such commitment or to accept purchase mothey
ob, hl
N .7 , hpz� �
Arai as herein pheyrdi his wtaU ftil be null and voidandt ft termag money ft] be returned 10 oULD PURCHW RECEIVE A MORTGAGE COMMITMEW COINDITIONED UPON SALE OF EGSTIK
4
}.-.The Purchase Price shall be lend- SuW 10 air In CIO by Wiles check Of MMW check I closing
4-43) Closing Of Milow proal Shall be 40, provided title cadets with this contract of has been accepted try Purchaser, by corwerance by slafropec! recordable warTafty deed
with rtiall 01 40moslond RVOIS (Of hiller apprOprialt deed ft the is In VLSI or in an piell and be of purchase price
III) Title shall be conveyed at the time required by this Contract subjec: only to General tiuresior 19 T
and sabsedi years,
biwiling lines and budling and liquor restrictions of record, zoning and building Laois and ordinances, private public
60"", 11066 m, ;&M—MlI " .00 is 0050-44004AIIIIOW"4160 Asm"Womo
and utility easements, covenants and restrictions of record as to use and occuparicT party wall rights and agreements. it any existing iuses and tenancies in real estate with mui ,init5 the mortgage ortfusldeed itany as
0eirs"bild In Paragraph 2 a s Of Suffered by of through the Purchaser
' .-.HRaB Fsalal'axes Itinecon
Min Tecefir ascertainable taxes), assignable insurance policies if fequeshic! by Purchase, rents 11 any, waler taxes and roner pgorappoki oeft incir,crog hhbq fouato )nWance
sail be prorated 10 toile d possequon Fire and Worded coverage insurance policies shall he assigned to and accepted by Purchaser at closing,i's 0 flow 011111 14WIN 11 kill "W"I" 0011"11111.,
401IN W1 110 4 A 10016
IS—POSIsessions§Adi 117--1 2, pribiboled sale has )w closer 01 ft oursonce is 10 De neap In
esc000 by sMii to PWdWO iOr possersucir, to per card to Me Purchaser al ft We I
+...:C',Ye_��� tlar 4or fir+ day possas� rs .nthnek9 beyorvd sand 'ate Possessson :ava4d bry gr°+en wrhee, ;elks ^has varaled Ina oes+nases wad ddlrvered me iers m arae sar*a do Purrnasar ,x ro rrae
Ear
sew coes not create a antic*l1mar; rediellinsim lor 7* quirpose of vim
Or me bextreffit of be woes hei
FeT aW balance paid to Sillier. At Sell election appin forfeiture inary De in 10 somentering 1 alt
da egos- 8tl Seller dataalts, leaf a I nwr ley, w o(M 4A d P chaser nail Ge Pdunded 1d P x' fagar i n SKL hallo lop S'Isa N nal r@dYa e Set* 110m its 0194l' under this contract Sew and Purchaser atine, had said sourest
111 heres! eamed an ft earnest rnorey is is acchre to Purchaser and is 10 be paid 10 pwalader it
R—This sale Shall be closed at office of Purchaser's offirtfurree or, it none, at office of listing broker or as specified below
� Name) _ tO f011C-AsT (Address)
,or at request of eller Wift
. well ft title c0orparlY Issuing the the commitment by deed and money escrow, fee in be caviled c0oween Or iroPurricturser Serter will Da a brows rorinnissior, as ortivocied'I'l ft
Exclusive Rightro S0 or OZ hddn 115Iing Agir
'.,sting broker 11 The cocicei broker it any, s None
PLACHASS
AdA.- 2129 Chestnut
49 'MjRrHA4EA Wilmette IL 60091
50 PURCHAS�'Q; NAME 1Ti PF OR PRINT) hh 1, —�LQ_P.Stan1gy
Purchaser s Social Security Numbpe, 31L44-0864 Zip
51 ACCEPTANCE OF OFFER 8y SELiER
52 This day 01�19_ we Accept this offer and agree to perform and convery title of cause title 10 be wrrveyea according to the terms at this contract
53 SELLER Address
54 SELLER
55 Seller's Soc Sec # CitystatZipe
Form C/FM North Shore Board of REALTORS* 4'90
THE PROVISIONS APPEARING ON THE REVERSE SIDE HEREOF ARE AN INTEGRAL PART OF THIS CONTRACT
��s.rrrs�IWdrrwrrwa�r►arrmwrdA.r nl.t�lr,i�rd,'.�WrrMwi�Wra►►airwri.�.�Eal�irs�r �kmono�r�
51 Maud to da Mw g"$ 0 he sem d alma, Mt Mrmwbbd of, .dilwle prat WON MW m MMt mIN edam on a eater Mr dela aetMtt aawaer4..WMre MMwdd
96 and 7a0OAd a WriMrd Wgnrekawid m ht genua s pWMkl' Wstued CMC Meal WhnplrM. (2i mw WdM W060M MM tome a p, , pylraQ7 mdj, dot (3) jade 1 ea
59 lkeWWredCNarrngaM~lbeSift M<ldsYyalift DXOtWSdMMolc4awi
OD w tK Xdrq RVVW anddawn ewe sNM red be CedMA of ewe WVr*h, ErWry elle Cana iii eatelned by few Salo tenapdar * W be
61 occlow#Y1rmUWsuMd=10MraaMaaddwedrreoMMwaMdLeWMdMwdM'YWOWdrAd:wwsrapNMaatlMMMClMaldliuftial9NldrandnSe,dCoo c a
62 teg4Mred, and (2) erdMbii ha Ownm'z dwdar,:mW � d MmM d a aarMMed drily tlkdR41 and arlMa a QanWrpy ddd nMtpwsMar d twM`s apepgW m seerrn and W dM
63 M)Mshe dkfattalsamceldea1C*&VmOft Oft errft" MWWdt6MiparipV9O $'eheshellh f3DdolsMemetaamdtheWhel
64 Momew Wsteel twNad+ftft**Owb"r erowooMnsd+arraPru may t"raoaeusczMW(XffpyowtulDann"loSsiftwrMWn11
65 as it rw a oto War, (III m dalow ham are p oum am we of wcimaraae of adeforwm at asceranxitamaarM. a P Melo o its rapt so emd. this; carwect shade
FA aro ma When reanay shit bt rammed to mw hathwar
80
81
82
83
84
85
86
87
88
89
90
91
92
933
94
95
96
97
98
99
100
101
102
103
104
105
106
Mm'Wa Dl ow D*vww d maul m
to dwy by parchows r
# dwKew slsawr, mauled oror to
Ud6Wf eal'Wda darmTwWrwd taiWrn
to totals mdeN ba aan search,
r to two Mcrae fe adiliam rorrowto
and ea 3a}dey Porl. ua aloe lea
TO--.'r'IYo90dMrida5 uDa+MkaDWaq@needed b4rmDldktaWUWraySbap4edmas'WcandSeller +nDwn
andtitneta to above,thscontingency 0*tedamedwoodaMWascorroat;Willho rowforcemeta ra,Wiar�rnmacWad rdrafiaqurWruwrdanoMaM*rapWnO�o.spWrtaledaburMM'�rDMs sswva
a n Wt and rad a d mwr, Gr e#S mOr ey snot oe duanWd d pied asar The
of dsmoorawe n4y hr, gwmr by em d gory hada a oy Wra rWapetnva aatamr,y Fa paupaam a dws may. as wertWn n w cal d
draapprowas irMR5a oe pWrsonnly dairwWrat and steal bW der,nrod iyrwan awe dot egeoivt aS d ala dao wndn 3u0n noWOm a drxwvewt try Saar a al LaslBnp BroWw es apes to StMm. W saDc rraa0e a dsapgWot W aar+g mmaa on
d*aW d Purdas* W axn WMdaW a disapaaWwal 1S Wavg wade are bmaW a Same. sand isof shall be owned gevdn on the dear, OWSUdn Mott a leaned of a"Yadaeaf o ea Cooperating Broker. d any,. as reprtsWrCatwt a
hMCnnLq lot lot limited VMIMis d one rMhOl 04 AOXM xider she Werins a This contig' ercy
1 T °5aw �17M'Mw a whor�7W upon appooyat tly P� a reMnabon aft seal WsaaW as amdanad oy ail+. rnspadiar 4, as otircoaser`s baraaand by a crAnbada � by PUrdusMr. aalMn lays
Idisarak a l is daawaaa pn "to if" vii in Salus $dike Mhm and aga+taa wry loss a danape k0 ma itsp Wsaadt dorsad rr' awe ads Of M�4ipatMUW o PtW07asa a da genian � suet Mos itln iffiess,
wrtmWn :ndnoW o1 dsap0rewm is with, are tlima perod 5aldcred abut,. otos oanonpeM^y stage be dmr wsd weaved and his CWXW well retrial M hot lot¢e and d'etat d wneer notice a dsep wowaf 4 ('gran vwthin!me cone
, iwmd sowfteo aowt. mlal� mltS -sonnet anaAt od nawn and wad toad mNe oarcre5a mataY' inml dal Wdrurvwd!0 p4ytua5* For 0a FMS C7}RWag*acy. she *,in" nonce a its"104 MAO be per5Wratly *IVVaW and staff „W
affirmed grren and de eWre aS o are We woes S40 notice 6 vocierrrd oy Sellef Of br Listing Brous as a" la$coat
1 .--NawrdaSarMMrg anything w Che c rtrary rdrow eet in alis torm $elle, ranesems dal 10 me ,w of .Seller' 5 kninieedge Of hMWg. anWm cooling reaiWling, electrical and plumbing fidures and systerlm ort The real
estate and ah, addhal d 0t into sot vdd to putdas* piffluAe 10 Otis cmoad are in waking Order ad will he ad at ew dura of doSrtg.
IX --GENERAL CONDITIONS
(a) a prior to dosing, anew' of awe real estate me destroyed or malerely damped al fire or darer <asigity, this Cnnbad at Option of Padres* shall become null and void or Purchaser may elect t0 take an
assigmanl a Seller's ulsura+rca. woselas.
(DI) priof to ctosag. Wild shdh hatial d Sake's to" a survey daad ria more n an 6 marts ono to cones atteptanto by a fiterwo land sincere sndei g Wee addition of this wWoventrots (inakaMng terms
amomann(i da tea@ ewe trom adjoining prowitsp maroon and searing ah, endbtchnroWms. d any it roe SU -My lac OM Wharod r 10mon of l of Was and Seat is ouble to Dean the aeudarce
oroaWrw tot "be"! of had,aser agrom ass rWsudrg tmrosto ir'WMapm lot atadh M iNifaaet"dSf,+.rdlawM W M'M 100111 111041Ml I dorwedi to be nada and rad. Pryridrg all WwspirrS'kr(Ma'mraras 1mOturMrg
f*YAS) and oiceoMlOrwrot13, d any appear ah, the tawr,y end khrushed F"uac91a6e' shag boar hal M at any ow dao may be caparee by Paarares Mrow or anted by PWCNW
l bt es Mega Oaf p bls War ms. DwrWnasa nwr d o ata NM +aYMI atxt easy ow _.
dot) All nbarr, a sseseawt property tototo Prxct c by to a tty m'� a a nusi mmy Bin a Sam WOW wnrrmwty Of meOrWilatdoty o fires fa WPM. Set* also $WI Mx Flwo ase et
athdanr a she wveflrg the Pbm od ddi'l WOW Oatry M he alar aaCmd(aoe by BMs OTOW and Shaft SW C Wdomaay ALTA ham;.
he) Pian naw wAr4wiedge8 for Che beireld of Sehet and tot ft bElrefitl of third dimes U P"aw TNS had complete to he C81, nae, its !MdtowELikedlfs and B Vuad C ostiR3i ptoarb , as wolf as trig pt0h;
,=rots related to he prop*ry and's sdasoso as 10 he dys"m and ,Other c'owdn"c" o me Plod estate, MWOVefiaaids and rMlu ad p*saat wop*ty as bong smisfaday h,1 PaM'dtw
tO Sen* sten renoae m!. ddMia from ma eta Welt and imorow ands 6y der a possnod" padaxf Shall hawe the npod m A Wd he road Mat and rmptaweayods dei ma MB-rrur
dosing ala warily had the mm on* rp period it corow
mdy prix to
. Mnprov*ndrN toot mdttdd personal pr0poey, era ah, oiktsimetaaly ma smrrd OaufWaaa. ronra4 wake mad mar eWW�pa4,. as a err, Dasa d Sdfer"s d;ogMarWW a Ods e
ag) Thu Semi walmit hof aurmar Witt not Sews adds has recteved WO Of air dwelling code vkamion wnieh ewz on as dans at his opr*W man my dty, videge, of omwr auuMMry
loth San*...�a�lxa4!. P4Md"tiMS* SQadf all and pa0vtde ani 0X19W Died any FWd*af Lard* can issea as malt dost Ww on 0 aoodromoo watt de, ret uarear*ks d Ola• Raaf Estate
SWlhe M PrOMIUMS Ad d t974.
fP Seller shelf c myoly wo he tams of" murnapat ooni ce for mureoi1aW in elon t ere rent 1S ed MWA9 to the marmxbm arganpkied 119600,11990 pfovide tW lowduaaer at ddeirg ch, dorms of
complimwe with such arkredicesfirarsSa aeras redwood by ioc t ordnance Star be paid by he tiary *SWAW in suerSed* matt Pay any as ed by sued bw
Out F"ces o adtlet ComhXullrahaas which may be mads 110 Of whrcdr ntry he very Or Coni"all sNm4iia slalt'8M tr'Wdpra¢ ihf9h9lt tote ramle'1tryaiW pM'fine'hdrdt0 d trW
adds s; wha0h after their Writs lot a gldy as. Wada may by w ilim notice to hot oder dedignwde) by p*'aaMaai a by WOW of rdppslared mibk In the case d mmrng nrMlaa S71a1'I de h0 be ran
JS a Www date nand a Pell rn he Unwed Saa4ls mail. podage. popeads
tka PUF"n"us S" ate a iMsh flood inSudax,M rya ed by my Bead* and Shall ml' arc usaaf and cuslo ary proDessing costs a tuges e@,rwD nod by any terdil
W R'irne us ca twwo provided that Amo and ham may Charlie any dale Of him Crmit sof 100 hroeren by a wra?arr adernred e*Wed by Seller arid Purchaser o their auftteG aageres
(M) Ni centra and the t*rsad tfri & lbe1 renin maybe subjedfit he provisions; orthe foWrrgn hsrovdskrawa in Real Props To Ad cj 1%0 and all arneadinendoWeameto mrd "AcG` f Seper a pind11 ee
raSez snaware
M cause d be esexw�ec app doc�rwrerds and uafa of to be all actions necessary In oetkr IftV Pufftser shall ' no him7dp"`e'e r dC1=�a) dot" ` .moth' unman Aw Ad'." .... "
lnd "ole agrees ab provide the fr�rwl Sawue wth The Safe of ReaR Estee 94/.19 doer+ as required by Orr.
?he ferns Of !hfe Ridei(s) mnslsnng
PW adadiedd frereto is arena a par hexed.
Tis cadrad s aronded as a courtesy by he 4011h Share Bodo 01 RWO(Se whirl assurnes no responsibility for its *gal sudiaency a contents.
C"WA00 TrrLJ1 WOU1101ANCIN COUP&MV • rt.LIM(rila F*OW 0•
R(W-dI Estate ►ales W- ntract
I DAVID E. COHEN
alt mel to purchase: ata prig of s 1 5 r 0 0 0. 6 a (Purchaser►
an the turns at forth herein, the following described Rid toast
to COOK County.IWncis: Lot 4 in Block 3, in Prospect
Meadows, a Subdivision of the West 1/2 of the Southwest 1/4 of Section 27, Township
42 North, Range 11 East of the Third Principal Meridian according to plat recorded
December 9, 1949 as Document 14692921 all in Cook County, Illinois.
cornmonlyknownu 443 West Rand Road, Mount Prospect, Illinois
I re
, together with the following property presently located theon: nd with snKoximate lot dimensions of
1 Village of Mount Prospect (seller)
agrccs to sell list teat estate and the property dcacribed above if any, at the price and terms set forth herein, and to convey or cause to be conveyed to
Purchaser or nomince title thereto by a recordable, Warranty deed, with release of honnestesd fights, if any, and a proper bill of axle,
subject only to: (a) covenants, conditions and restrictions of record» (b) privsle, public and utility casements and roads and highways, if any; (c) party
wall rights and agreements, if any; (d)5tldgfggtapq q(ptpggtXp�k�x}
i4aXYt]ChbVA}l11UtlIK(f) installments not due at the date hereof of any special tax or asseumtnt for improvements heretofore completed; (g)7fil4l>SI 0tX
traeofdeedxpelMEtatitc�vxiktttocatoax4osaatzvtatsoxk+x»cx�99.2�4x44xaa�a>:tx�aivytt►aio�ttcydrskavoialatt�gc mUaxxxx
amslfda�o,lrtafix mxpex and to
3. Purchaser has paid S —1-1.5 0 0 • 0 0 as earnest money to be applied on the purchase price, and agrees to pay or satisfy the balarice of
the purchase price, plus or minus prorations, at the time of closing as follows: (strike language and subporagraphs not applimlik)
(a) The payment of S 13,500.00
Ct1XAXgx,*motx xndxhc?tabXXXWabkxrAoVj fax
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4 Seller, at his own expense, agrees to furnish Purchaser a current plat of survey of the above real estate made, and so certified by the surveyor as having
been made, in compliance with the IWnois Land Survey Standards
c. The time of closing shall be on Ct » „x,,.. .19.,9„0„ or un the date, ii' unv, tai which Stich time is extended by reamin ofpjjajtraphs 2 or 10m
the Conditions ark! Slipulutinns hereafter hccOming of rauve twhichever date is later), unless subsetyuenily mutually agreed otherwise, at the office of
Chicago
Title br Trust y q,}jp►q tppg «y pSXXXgy Pnivided title is shown to be gKxzd or is accepted by Purchawr
6. S61Xi7tarlfaY l6�iiy7{a76i6kreXiXiXr3friiiDG2tn143C
in the amount set forth in the broker's listing contract or as follows:
7. The earnest money shall be held by V111�f Mount Prospect
for the mutual benefit of the parties. _
S. Seller warrants that Seller, its beneficiaries or agents of Seller or of its beneficiaries have received no notices from any city, village or other
governmental authority of toning, building, fire or health code violations in respect to the real estate that have not been heretofore corrected
9. A duplicate original of this contract, duly executed by the Seiler �, shall be delivered to the Purchaser within 15 days frum
the date hereof, otherwise, at the Purchaser's option, this 4ontra�t shall become null and void and the earnest money shat) be refunded to the Purihaur
This contract is subject to the Conditions and Stipulations tat forth on the hack page hereof, which Conditions and Stipulations are made a part of tM.
contract.
Dated September 4, 1990
Purchaser -� ( Addrcsx) 600 Albion Ln. r Mt. PrOSDect IL
Purchaser (Address)
Scutt (Address)
Seller _„ (Address) _
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1. Seller shall deliver or cause to be deliver i Ptrdtafa or Pwchasery Was. rax lean thea 3 dr for to the time of closing. the plat of survey (if
one is rewired to be delivered under the Mrn. ,f this contract) and a title commitment for an ownt,-.title insurance policy issued by the Chicago Title
Insurance Company in the amount of the purchase price, covering title to the real estate on or after the date hereof. showing title in the intended grantor
Subject only to (a) the general exceptiots conuindd in the policy, (b) the lite exceptions set forth above. and (c) title exceptions pertaining to liens or
encumbrances of a definite or ascertainable amount which fully be removed by the payment of money at the time of closing and which the Seller may so
remove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions). The title
commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein
stated. Seller also shall furnish Purchaser an affidavit of title to customary form covering the date of closing and showing title in Seller subject only to the
permitted exceptions in foregoing items (b) and (c) and unpermined exceptions or defects in the title disclosed by the survey, if any, as to which the title
insurer commits to extend insurance in the manner specified in paragraph 2 below.
2. If the tide commitment or plat of survey (if one is required to be delivered under the terms of this contract) discloses either unpermitted exceptions or
survey matters that render the title unmarketable (herein referred to as "survey defects'*), Seller shall have 30 days from the date of delivery thereof to
have the exceptions removed from the commitment or to correct such survey defects or to have the title insurer commit to insure against loss or damage
that may be occasioned by such exceptions or survey defects, and, in such event, die time of closing shall be 35 days after delivery of the commitment or
toe time expressly specified in paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the exceptions removal or correct any survey
defects, or in the alternative, to obtain the commitment for title insurance spoxifrod above as to such exceptions or survey defects within the specified
time. Purchaser may terminate this contract or may elect, upon notice to Seller within 10 days after the expiration of the 30-day period• to take title as it
then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser docs not so elect, this
contract shall become null and void without further action of the parties.
3. Rents, premiums under assignable insurance policies, water and other utility charges, fuels, prepaid service contracts• general taxes, accrued interest on
mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then
ascertainable shall be adjusted on the basis of (a). (b), or (c) below (Shrike subparagraphs not applicable):
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(b) The most recent ascertainable taxes and subsequent readjustment thereof pursuant to the terms of reproration letter attached hereto and incorporated
herein by reference.
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4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract.
5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the termination is caused by the
Purchaser's fault, then at the option of the Seller and upon notice to the Purchaser, the earnest money shall be forfeited to the Seller and applied first to the
payment of Seller's expenses and then to payment of brokers commission: the balance, if any, to be retained by the Seller as liquidated damages,
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7. Time is of the essence of this contract.
8. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures The mailing of a notice by
registered or certified mail, return receipt requested, shall be sufficient service.
9. Alternative 1:
Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the
withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section.
Alternative 2:
Purchaser represents that the transaction is exempt from the withho !ding requirements of Section 1445 of the Internal RcWcnuc. Cod, because Purchaser
inlcnds to use the subject real estate as a qualifying residence under said Section and the sales price docs not cxcced S; ()O,i)()o
Alternative 3:
With respect to Section 1445 of the Internal Revenue Code, the panics agree as follows: ,
�Srrrke ren nj the three alternatives.)
10.(A) Purchaser and Seller agree that the disclosure requirements of the Illinois Responsible Property Transfer Ac1XJdp9do nue apply to the transfer
contemplated by this contract. (If requirements do not apply, strike (8) and (C) below i
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