HomeMy WebLinkAboutOrd 3867 11/04/1987ORDINANCE NO. 3867
AN ORDINANCE APPROVING FIRST AMENDMENT
TO REAL ESTATE PURCHSE AGREEMENT FOR
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF ELM AND EVERGREEN, MOUNT PROSPECT
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 4th DAY OF November , 1987.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
5th day of November , 1987.
RDINANCE NO. 3867
AN ORDINANCE APPROVING FIRST AMENDMENT TO REAL ESTATE PURCHASE
AGREEMENT FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF ELM AND EVERGREEN~ MOUNT PROSPECT~ ILLINOIS
WHEREAS, the Village of Mount Prospect did adopt the Village of
Mount Prospect District No. 1 Tax Increment Redevelopment Project
and Plan on August 20, 1985; and
WHEREAS, pursuant to Village of Mount Prospect Ordinance No.
3755, the Village has executed a certain Real Estate Purchase and
Development Agreement for property generally located at the
Southwest Corner of Elm and Evergreen in the Redevelopment
Project Area; and
WHEREAS, the Village of Mount Prospect has received a proposed
First Amendment to said Agreement ("First Amendment"), 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:
SECTION ONE: The Board of Trustees of the Village of Mount
Prospect find that it is in the best interests of the Village of
MDunt Prospect to enter into the First Amendment attached hereto
as Exhibit "A".
SECTION TWO: The Village President and Village Clerk are hereby
directed and authorized to execute the First Amendment (Exhibit
"A" attached hereto) and the Village staff, its agents and
attorneys are hereby authorized and directed to take all
necessary action to fully implement all the terms, conditions and
covenants of the First kmendment (Exhibit "A" attached hereto).
SECTION THREE: This Ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form in the manner provided by law.
AYES: Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS: None
ABSENT:Arthur
PASSED and APPROVED this 4th day of
November, 1987.
ATTEST:
Village Clerk
villag~ President
FIRST AMENDMENT TO REAL ESTATE PURCHASE AND DEVELOPMENT
AGREEMENT BETWEEN MOUNT PROSPECT STATE BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED MAY 1, 1984 AND KNOWN AS TRUST
NO. 1404 AND HAROLD F. BUSSE, AS TRUSTEE UNDER TRUST AGREEMENT
DATED APRIL 4, 1974 AND KNOWN AS TRUST NO. 1 (SELLERS) AND
VILLAGE OF MOUNT PROSPECT (BUYER) DATED MARCH 3, 1987 CONTRACT)
WHEREAS, Sellers and Buyer desire to amend their
above-mentioned Contract as
19. POSSESSION
Sellers shall have the
follows:
right to remain in possession of the
Acquisition Parcel through November 30, 1987. On December 1,
1987, 12:00 A.M., Purchaser shall have the absolute right to
possession of the Acquisition Parcel. Sellers shall pay
Purchaser, at Closing, the sum of Two Thousand Dollars
($2,000.00) rent for the period November 2, 1987 - November 30,
1987. In the event Sellers fail to deliver full and complete
possession of the Acquisition Parcel to Purchaser on December 1,
1987, 12:00 A.M., Sellers shall pay Purchaser Twenty Thousand
Dollars ($20,000.00) rent per month for each month of fraction
thereof that Sellers wrongfully remain in possession of the
Acquisition Parcel commencing on December 1, 1987, 12:00 A.M. and
thereafter, and Sellers shall have the right to not make the
Final Payments hereunder and/or to deduct any part of said rent
of Twenty Thousand Dollars ($20,000,00) from the Final Payments
hereunder.
20. If this Amendment conflicts with any terms of the
ontract, this Amendment shall control.
FIRST UNITED TRUST COMPANY,
Trustee under Trust Agreement
dated July 2, 1987 and known
Trust No. 1779
By
VILLAGE OF MOUNT PROSPECT
a municipal corporation
By
ATTEST:
Village Clerk
DATED:
DATED:
FIRST AMENDMENT TO REAL ESTATE PURCHASE AND DEVELOPMENT
AGREEMENT BETWEEN MOUNT PROSPECT STATE BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED MAY 1, 1984 AND KNOWN AS TRUST
NO. 1404 AND HAROLD F. BUSSE, AS TRUSTEE UNDER TRUST AGREEMENT
DATED APRIL 4, 1974 AND KNOWN AS TRUST NO. 1 (SELLERS) AND
VILLAGE OF MOUNT PROSPECT (BUYER) DATED MARCH 3, 1987 (CONTRACT)
WHEREAS,
above-mentioned Contract as
19. POSSESSION
Sellers shall have the
Sellers and Buyer desire to amend their
follows:
right to remain in possession of the
Acquisition Parcel through November 30, 1987. On December 1,
1987, 12:00 A.M., Purchaser shall have the absolute right to
possession of the Acquisition Parcel. Sellers shall pay
Purchaser, at Closing, the sum of Two Thousand Dollars
($2,000.00) rent for the period November 2, 1987 November 30,
1987. In the event Sellers fail to deliver full and complete
possession of the Acquisition Parcel to Purchaser on December 1,
1987, 12:00 A.M., Sellers shall pay Purchaser Twenty Thousand
Dollars ($20,000.00) rent per month for each month o~ fraction
thereof that Sellers wrongfully remain in possession of the
Acquisition Parcel commencing on December 1, 1987, 12:00 A.M. and
thereafter, and Sellers shall have the right to not make the
Final Payments hereunder and/or to deduct any part of said rent
of Twenty Thousand Dollars ($20,000,00) from the Final Payments
hereunder.
20. If this Amendment conflicts with any terms of the
ontract, this Amendment shall control.
FIRST UNITED TRUST COMPANY,
Trustee under Trust Agreement
dated July 2, 1987 and known
Trust No. 1779
VILLAGE OF MOUNT PROSPECT
a municipal corporation
By
By
ATTEST:
Village Clerk
DATED:
DATED: