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HomeMy WebLinkAboutOrd 4035 04/05/1989VILLAGE OF MOUNT PROSPECT COOK COUNTY, ILLINOIS ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE AGREEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE V LLA E OF PEOT THIS =~ DAY OF , 1989. Published in pamphlet form by authority of the President and Board of Trustees of the Village of ~ount Prospect, Cook County, Illinois, this 6th day of APril , 1989. ORDINANCE NO. 4035 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE AGREEMENT WHEREAS, the Village of Mount Prospect Board of Trustees has determined that, pursuant to the Amended Tax Increment Redevelopment Project and Redevelopment Plan, it ~s in the best interests of the Village of Mount Prospect that the Village enter into certain a Real Estate Purchase Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS IN THE EXERCISE OF ITS HOME RULE POWERS, as follows: SECTION 1: The Village President and Village Clerk are hereby authorized to execute the Real Estate Purchase Agreement which is attached hereto as Exhibit A, the Board having determined that the Agreement is, pursuant to the Amended Tax Increment Redevelopment Project and Redevelopment Plan, in the best interests of the Village of Mount Prospect. SECTION.2: The acts of the President, Trustees, Village Clerk, officers, attorneys and employees of the Village necessary to implement, carry out, or give effect to the terms of the Real Estate Purchase Agreement which is attached hereto as Exhibit A are hereby authorized. SECTION 3: This Ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Mount Prospect that, to the extent the terms of this Ordinance are inconsistent with any non-preemptive state law, said terms shall supersede said state law to the extent of said Inconsistency. ECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, but shall be subsequently published in pamphlet form. PASSED BY THE FOLLOWING ROLE CALL VOTE this ~-~ day of AYES: NAYS: Arthur, Farley~ Floros~ Murausklst Wattenberg None Van Geem, ABSENT: None APPROVED this 5th day of April , 1989. ATTEST: · V~llage Clerk ILLAGE ~RESIDENT..~ ~ eal EstateContrac VILLAGE OF MOUNT PROSPECT, a municipal corporation ! ~es to pu~h~ at a pn~ of $ 106,000.00 on t~ ~s ~t forth he~m, ~e foHowm[ denned re~ estate ~ COO~ County, I~ozs 5o~h 50 ~ee~ o~ No=~h 100 ~ o~ ~ob~ 2 ~n ~o~ (lf legal descnptton ts not zncluded at ttme of execu~on, ' zs authortzed to msert thereafter } commonly ~own as 17 South Wllle Strm~t, Mount Prospect, Illinois ,and ~th approximate lot dimensions of 5 0 x 15 7 , together w~th the followmg personal property presently located thereon (stoke stems not apphcable} (a) storm and screen doors and windows, (b~~, (d) wall to wall, hallway and stair carpeting, (e) w~ndow shades ~and supporting f~tures, (~ ................ .(g) electric, plumbing and other attached fixtures as ~nstalled, (h) ~, Q) ref-::~-~-(:~, O) range(s). (~) ~"~g" ~e:r e~ener ':.':t~ ' ~r:n:m::~:~,(l)radmtor ~overs,(~;ndc;: :7.a ~,,*d~ (Io,v~r,E) :Eu~::ra;and also See attached ~Rlder. 2 Brxan C. HuZka and Annie H. Hulks, hxs wxfe {Insert names o fall owners and thetr respecttve spousesJ agrees to sell the real estate and the property, ff any, described above at the pnc~ and terms set forth i~er.eln, an Purchaser or nonunee title thereto._.' ......., ............ ' -",, ~.y a secordable warranty deed~ of sale, subJect only to '.-? ........ +o..^~n,+ ...... ~ ..o+.,0~, .... e .....~, ,,~ .- ....... . pubhc and utll ty easements and toads and highways, if any,~ ::mF:z'.:f,,~._,~ ..... _x;._~_o_ ........... ............ ~.^n ..... t:.~n hat~,,,, if z~y, (l) general taxes for the year &~., o h. ,0 ..... c ....... :n-~-:'-:znz! :----7:-~'c:~--~'.: i-:r~g tko ;'::z',:) , and to Driveway Agreement reg/stered as Document no. 3475640. apphed on the purchase pnce, and agrees to pay O~ setlsfy the balance' of the purchase pnc~, plus or minus pr~oratlons/,at the time, Purchaser [does] [does not] agree to a*sume) aggregating $ mtere*t at the rate of.__ % a year and the 4 This contract is sublect procure w,thru '''~ · days a ~rm commitment for a loan to be secured by a mortgage or trhst d~ed '~n th~'r'-ea estate m ~ ...... ~, or'such ......... lesser sum as Purchaser~ ..... accepts with interest not to exceed this contract shall and void and ~tl earnest money ~hall be returned to PurChaser provided that ff Seller, at h~s option, w~thm a hke period of 13~ S The time of clo~mg shall be on :~;,::.:7:.&;v~::~:v:.- ~-:t: :;.'.;.::fL:unless subsequently mutually agreed otherwise, at ~he office of ~Purehasor s a~,torn~ or ~ prov~ed title Is shown to be good or Is accepted by Purchaser . July 31, 1989._ _ 8 The -- -~ 7 - Y = ~ = 7 - - = flora the date below, otherwise, at the Purchaser's o e earnest money shall be fefunded to the Rzder attached hereto and Rider and Dated Purchaser ~Vlllage of Mount Prospect Brx~Na C. ~ulka .~ ~ Se~t ~~ ~ ~/~ (Address) *Form n~ed~T ,~entlal property of four or fewer units Addressl 100 South Emerso~ (Address) ~'~q~/~ ~ VilIage Clerk i -~ r~ ~I ~r , , ~ CONDITIONS AND STIPULATIONS -S~ller~-representsthat the* proper~y is registered in Torrens and Seller shall d, ellve~ a, Certifl, c~a,te or'title to Purchaser prior to_clo~lng; Purchaser shall at P~ZCI1R-ser-'-s-own- =~ucn~u after the date hereoF, showing t~tle in the intended D'antes subJeCt only to (a) the general exceptions contained in-the ~olicy unless th-~-~]:~l ~st~ is- ~mproved w~th a single fami y dwe ms or an ap~tmcnt buildm$ of four or fewer residential units, (b) the tRle exceptions set forth above, and (c) htle excep~mns pertaining to hens or encumbrances ofa dcfimte or ascertainable amount which may be removed by th~ymant of mgn~y~t th~ ume of clos- ing and which the Seller may so remove at that tu~ne by using the funds to bc pa~d upon the dchvery of thc deed (all of which are hereto referred to as the permitted cxceptmns) The tltle-cummitm~nt shall b~*~nclusive ewdcnce of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as thereto stated Seller also shall furmsh Purchaser an a~dmvR of title in customary form covering the date of closin$ and showing ~E.ach party shall pay f6r Its own customary Torrens Title charges. ~- Torrens- Certificate Torrens Certificate 2 If the utle comrmtmenfj~hsclosc~.unpernutted exceptions, Seller shall have 30 day,from the date of dehvery thereof to have the exceptions removed from the co ranut men ot~--tr t o~'~ title msure~ comrmt t~ miu~'~ a~st~oss et ~damage~t ~'~ b~'c~-a' ~o~ ~d by s~uch~e~-e~ti~, ~d, m~, the t~me of closing shall b,e~35 days after dehvary of the ::='~--::-=::~he time specffied in paragraph ~ on the front page hereof, ~whi, ~che?~ is later If vathm the specified time, Purchaser may terminate this contract or may elect, upon notice to Seller within 10 days after the exp~raUon of the 30-day period, to take title as g__t~e_~.?_ with the r~t to deduct from the purchase price hens os encumbrances ora daf'raRe et ascertainable amount If Pu~cha_s~_r does not so elect, this contract shall bec. oma null and void w~thout further actions of the parties utihty chat~es, fuels, ~pa~d ser, qce ~o~n~ts,~g~ne~al t~x~ ~c::;:~_ :.-:~:~ ::~=:::, ~f any, and other sinu]az items shall be adjusted ratably as of the tune of rinsing If the amount of the current general taxes ~s not then aseertamable, the adjustment thereof shall be on the betas of the amount of the most recent ascertainable taxes declaration s~ned by the SeUes or the ScUer's-agent or meet other requ,.~em~ents as estabksh~d by-~y lo'al })rdu~n~--wRh~}aga~d t~) ~, transfc~'or~ transaction tax, such tax required by local ordinance shall be paid by the party upon whom such ordinance places rcsponslbdity therefor If such ' ordinance does not ~so pla~e rei~a,blht~ t*-ax'sh~all ~be pa,d by'the (l~chas'erj'(Sell~r)~r~one / a~ escrow w~th Chicago TRIc a~d Trust Company, ln--~a~cordanc~ with thc [cneral provis~ons of the usual form of Deed and Money Escrow Agreement ~--=t ~---- ........ -- ......... -- .... ~, ~ electing party ~ , ,r,,~o - - : ,. , , as-set forth below. ~., ~f the premlses,~ certlfled~to th& P~rc ~ - 1 led licensed ~ ~_ .%~urve~or, ', havln~ ~ and showing ~ all improvements~exlsting TO SELLER: William J. C6Hn$11~,-J~.- Alg 1015 onquln Road Des Plaznes;rIL ~60016 TO PURCHASER: --'*Barry~A~ Springer ......... , ~ 33 North Dearborn St.~ ~ Chicago, Illinois[j60602 FORM 3772 VILLAGE OF MOUNT PROSPECT COOK COUNTY, ILLINOIS ORDINANCE NO. 403~ AN ORDINANCE AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE AGREEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT THIS 5th DAY OF April , 1989. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Mount Prospect, Cook County~ Illinois, this ~th day of April , 1989. ORDINANCE NO. 4035 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE AGREEMENT WHEREAS, the Vlllage of Mount Prospect Board of Trustees has determined that, pursuant to the Amended Tax Increment Redevelopment Project and Redevelopment Plan, it is in the best interests of the Village of Mount Prospect that the Village enter into certaln a Real Estate Purchase Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS IN THE EXERCISE OF ITS HOME RULE POWERS, as follows: SECTION l: The Vlllage Presldent and Village Clerk are hereby authorlzed to execute the Real Estate Purchase Agreement which is attached hereto as Exhibit A, the Board having determlned that the Agreement is, pursuant to the Amended Tax Increment Redevelopment Project and Redevelopment Plan, in the best interests of the V~llage of Mount Prospect. SECTION 2: The acts of the President, Trustees, Vlllage Clerk, officers, attorneys and employees of the V~llage necessary to implement, carry out, or g~ve effect to the terms of the Real Estate Purchase Agreement which is attached hereto as Exh~blt A are hereby authorlzed. SECTION 3: This Ordlnance and each of its terms shall be the effectlve legislative act of a home rule municipality w~thout regard to whether such Ordinance should (a) contain terms contrary to the provisions of current or subsequent non-preemptlve state law, (b) legislate ina manner or regarding a matter not delegated to municipalities by state law. It ~s the lntent of the corporate authorlties of the Vlllage of Mount Prospect that, to the extent the terms of th~s Ordinance are ~nconsistent wlth any non-preemptive state law, sa~d terms shall supersede sa~d state law to the extent of said inconsistency. SECTION 4: Th~s Ordinance shall be in full force and effect from and after its passage and approval as provided by law, but shall be subsequently published in pamphlet form. PASSED BY THE FOLLOWING ROLE CALL VOTE this 5th day of April , 1989. AYES: Arthur~ Farley, Floros~ Wattenberg NAYS: None Van Geem, Murauskis~ ABSENT: ~ APPROVED this day of ~ , 1989. / VILLAGE ~RESIDENT ATTEST: Vllla~ge Clerk RIDER TO REAL ESTATE SALE CONTRACT DATED , 1989 BETWEEN THE VILLAGE OF MOUNT PROSPECT (PURCHASER) AND BRIAN A. HULKA AND.ANNIE M. HULKA (SELLER) 6. Seller shall have the right to remove the following items of personal property form the subject property prior to its surrender of possession of the subject property: a. Refrigerator; b. Washer and Dryer; c. Freezer; d. Shower stall in basement, provided that Seller caps all water l~nes appurtenant thereto; e. Medicine cabinet, provided Seller replaces the same with a similar medicine cabinet; f._~ Three (31 ceiling fixtures in the bedrooms and ~me~-- ~.~ room and one (1) ceiling fan in the living room, provided that Seller replaces all of the foregoing with ~,~ adequate replacement light fixtures. 7. Seller shall have the right to remain in possession of the subject property from August 1, 1989 thereafter on a month- to-month tenancy with rent payable in advance at the rate of $575.00 per month. 8. DEFAULTSr REMEDIES AND TERMINATION A. Defaults - General Fallure or delay by either party to perform any term or provlslon of this Contract within the time specified herein shall constitute a default under this Contract. The party who so fails or delays must, wi~thin thirty (30) days of written notice of the existence of such default, immedaately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The party claiming such default shall give written notice of the alleged default to the party alleged to be in default, specafying the default complained of by the anjured party. Faalure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the tame of default. If, after tharty (30) days written notace, the party in default shall have not cured the default, then the nondefaultlng party shall have the right, but not the obligation, to perform any defaulted act. In the event of such performance, the defaultang party shall be obligated on demand to reimburse the nondefaultang party for all costs and expenditures ancurred with respect to such performance. Except as otherwise expressly provided in this Contract, any faalure or delay by either party an asserting any of its rights or remedies as to any default or alleged default shall not operate as a waiver of any such default or of any rights or remedaes it may have as a result of such default, nor shall at deprive either such party of its right to institute and maintain any actaons or proceeding which at may deem necessary to protect, assert or enforce any such raghts or remedies. B. Institutaon of Legal Actions In addataon to any other rights or remedies available at law or equity eather party may instltute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Contract. In the event eather party shall institute legal action because of breach of any agreement or obligation contained in this Contract on the part of either party to be kept or performed, and a breach shall be established, the prevailing party shall be entitled to recover all expenses incurred therefor Including reasonable attorneys' fees. C. Applicable Law The laws of the State of Illinois shall govern the interpretation and enforcement of this Contract. Do Rights and Remedaes are Cumulatave Except as otherwise expressly stated in thas Contract, the raghts and remedaes of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different tames, of any other rights or remedies for the same default or any other default by the other party. 9. GENERAL PROVISIONS A. Nonliability of Village Officials and Employees No member, official or employee of the Village of Mount Prospect shall be personally liable to Seller or its beneficaaries an the event of any default or breach by the Vallage of Mount Prospect or for any amount which may become due to Seller or ars beneficiaries under the terms of this Contract. B. Approvals Wherever this Contract requires Seller or its beneficaaries or Purchaser to approve any document or other matter, such approval shall not be unreasonably withheld. C. Real Estate Commissions Neither Seller nor its beneficiaries nor Purchaser shall be liable for any real estate commissions, brokerage fees or finder's fees by reason of this Contract. D. Entire Contract and Waivers This Contract includes pages and exhibits attached which constitute the entire understanding and agreement of the parties. This Contract integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or any part of the sub3ect matter hereof. All waivers of any of the provisions of this Contract must be in writing and signed by Purchaser and Seller. E. Partial Invalidity If any portion of this Contract shall be held or deemed to be invalid or in violatlon of any law, such portion shall be deemed to be exised herefrom and the ~nvalid~ty thereof shall not affect any of the other portions contained herein which portions remain in full force and effect. F. Amendment This Contract may be amended in writing by mutual agreement of Seller and Purchaser. G. Binding Contract This Contract shall be binding upon and shall ~nure to the benefit of the parties hereto and their respective executors, administrators, heirs, legatees and successors in interest. 10. SURVIVAL The warrantees and covenants contained in this Agreement shall not merge with the delivery of the deed from Seller to Purchaser, but w~ll survive thereafter until full performance by all part~es. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals in duplicate, the day and year f~rst above written. PURCHASER: Vlllage of Mount Prospect Presider Vlllage Clerk SELLER: