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HomeMy WebLinkAboutOrd 3439 08/07/1984ORDINANCE NO. 3439 AN ORDINANCE TO AUTHORIZE THE SALE OF REAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 7th. DAY OF Auqust , 1984. Published in pamphlet form by authority of the corporate authorities of the village of Mount Prospect, Illinois, the 13thday of August , 1984. ORDINANCE NO. 3439 AN ORDINANCE TO AUTHORIZE THE SALE OF REAL PROPERTY OWNED BY THE VILLAGE OF MOUNT ?ROSPECT, ILLINOIS ~HEREAS, there has been submitted to the President and Board [ of Trustees a Certain proposal by Lee's Marketing Services, Incl. for the purchase of certain Village owned real estate, as hereinafter described (a copy of which proposal is attached hereto and made a part of this Ordinance by reference); and B~EREAS the Subject Real Estate is vacant and the President and Board of Trustees of the Village of Mount Prospect have determined that the same is no longer necessary, appropriate or required for municipal use, and that the purchase price offered therefore at $239,500.00 is fair, reasonable and just; and WHEREAS, it is determined to be in the best interest of the Village of Mount Prospect that said real estate be sold to Lee's Marketing Services, Inc. in accordance with its proposal. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIi SECTION ONE: The recitals set forth above are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby approve and accept the proposal submitted by Lee's Marketing Services, Inc. for the purchase of certain Village owned real estate, described as follows: The West 1.5705 acres of Lot 308 in Kensington Center Phase Three-A, being a Subdivision and Resubdivision in part of the northwest quarter and the northeast quarter of S~ction 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Said property to be acquired at a purchase price of $239,500.00 SECTI©N THREE: The Village President and Village Clerk are hereby authorized and directed to execute such real estate contract on behalf of the Village of Mount Prospect, and the Community Development Department is authorized to undertake the subdivision platting requirements regarding this transaction, and the Village Attorney is hereby authorized to undertake all necessary title commitment and document preparation requirement~ to conclude the sale and conveyance of the Subject Property to Lee's Marketing Services, Inc. SECTION FOUR: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. AYES: ARTHUR, FLOROS, MURAUSKIS~ VAiN GEEM,WATTENBERG NAYS: NONE ABSENT:FARLEY PASSED and APPROVED this '7thday of August , 1984. ATTEST: Villag~ President Village Clerk IDER 130 AI-FORNEYS' APPROVAL ThisRiderismadeapadofandincorporatedintoaReaIEstateContractdated Ju~e 28, 1984 forthe The West 1.5705 acres of Lot #308 on the south safe ofthepropedycommonlyknownas side of FeehanviiIe Dr. in Opus Ind. Park, Mt. Prospect, Illinois entered into by. Village of Mt. Prospect .,Seller(s), and Lee ~ s Marketing Services, Inc. ., Purchaser(s), It is agreed by and between the parties hereto as foIIows: That their respective attorneys may approve and make modifications, other than price and dates, mutually acceptable to the parties. Approval will not be unreasonably withheld, but, if within three (3) busin ess days after the date of the Contract, it becomes evident ag reement cannot be reached by the padies hereto, and written notice thereof is given to either pady within the time specified, Ihen this Contract shall become null and void, and all monies paid by the Purchaser shall be refunded. IN THE ABSENCE OF WRll-rEN NOTICE WITHIN THE TIME SPECIFIED HEREIN, THIS PROVISION SHALL BE DEEMED WAIVED BY ALL PARTIES HERETO, AND THIS CONTRACT SHALL BE IN FULL FORCE AND EFFECT. Vii]age of Mt. Prospect LeeFs'Marketing Services, Inc. IDER #1 It is agreed and understood by the parties hereto that this Rider is to be attached to and is a part of a real estate sales contract dated June 28, 1984 between the Village of Mount Prospect, Illinois as seller and Lee's Marketing Services, Inc. as purchaser: R-1. Purchaser's obligation to consummate the.within pur- chase of the subject real estate is expressly contingent upon Purchaser's satisfaction within thirty (30) days of Seller's acceptance hereof, of the following: a. Purchaser's obtaining, at his sole expense, soil boring test results showing that the soil of the subject property is of a condition reasonably adequate to support the construction of the contemplated 12,000 square foot building. Seller hereby agrees to permit Purchaser to enter upon the subject property during said 30-day period for the purpose of conducting such soil boring tests, and Purchaser hereby indemnifies Seller from and against any and all claims, obligations or liabilities arising out of or related to such soil boring tests or the conducting thereof. In the event that Purchaser shall notify Seller, within said 30-day period, that such soil boring tests show the soil of the subject property not to be of a condition reasonably adequate to support the contemplated building as aforesaid, this Contract shall be deemed terminated and all earnest money shall be returned to Purchaser. In all other events, this condition and contingency shall be deemed waived by the parties hereto. b. Purchaser's ability to obtain telephone, electric and natural gas utility services for the Subject property. c. Purchaser's ability to obtain the necessary E.P.A. and M.S.D. approvals for the contemplated 12,000 square foot Indus- trial Building project for both water and sewer facilities. d. Purchaser's ability to obtain necessary building permit(s) for construction of the contemplated 12,000 square foot Indus- trial Building - any costs in connection with the issuance of same to be borne by Purchaser. PURCHASER: LEE'S MARKETING SERVICES, INC. SELLER: VILLAGE OF MOUNT PROSPECT Village ~e s i~eTrt~ Village Clerk EALTOR' ~: Village of Mt. Prospect NORTHWEST SUBURBAN BOARD OF REALTORS® , INC. REAL ESTATE CONTRACT 1. OFREli 10 PUROltAR£: I/WeLee'S Marketing Services, Inc. OR ASSIGNS lO0 W. Northwest Highway Mt. Prospect I!Iinois (Purchaser's address) City S[a[e Zip The West 1.5705 acres of Lot #308 on the south side on Feehanville Drive [n the Opus Ind. Park, Mt. Prospect, Illinois 60056 City County State (' 'Pulchaser ") of 6005b duty lZ, 19~4 ~. Pu,C.ASE ,racE: ~h. pu,=h~,, price *, $ 239,500. O0 5. EARNEST MONEY: Purchaser has paid earne$1 rn~ney in the a~unl of $~g00~.9_ The initial $ 5~ 000. O~ by cash Or check .~¢ ~ _ in ~rnestm~eya~d~hiscontractsha!lbeheld~ Georqe L. Busse & Co. 84 8. TI~E AND P~C~ OF CLOSING: (a) c,osing or e~w ~y om, shall . on .~.tober J, ~ 984 o, ,~ ~uch brae as mutually agreed to in wnhng pmv,d.d htle h.lS I1. ~SSESSlON,~ssessionshalt~Oc;r~r~ot~tert~n a~ C~OS~g __.provJeedlhe~leh~s~enclosed TO: Busse Co. 1~, ~O~[RAG[~ Sellersh~ll~yabto~era~ ~s~,eed .. t~ beo~g~ ,- GENERAL CONDITIONS 14 E\.~!DENCEOFTITLE Se~r~h~athi~expen~e~de~iver~rcau~et~bedehveredI~Purchaser~r~u~(hase~sa~t~rneyn~t~e~thanhv~d~ys~i~r1~ the t~me of closing as ewdence of title in Sailer or Grantor. one of lhe following: {a) Owner's Duplicate Certificate of Title, issued by the Registrar of Titles. or codified copy thereof, and a Torrens Tax and Special Assessment search hearing a date not more than 45 days prior to cIosing: or {b) A litle insurance policy or commitment for title insurance by a title company licensed to opefate m the State of Illinois bearing a date on or subse quant to the dale of the acceptance of this offer, but issued not more than 45 days prior to closing in the amount of ;he purchase price, sobjed on~y to items tisted m paragraph 9 on the face hereof and usua~ stock objections. Deny in d¢ivery by S¢~er of a comnutment for title insurance due to a delay by Pur- chaser's mortgagee m recording the modgage and bringing down title shall not cause a default of this Contract. P~ thc e:ent the entire subject property is legislated in thb TorJens system, and Pu~chase~ or Purcbase['s mod( aqee desires a title insurance policy in add*. ,,o,, to ~ Dupl{c3te 6eddicate of Title issued by the Registrar of Titles. same shal~ be obtained at Furch,~ser's expense. Every certificate of fi.'e. ~d~e insurance policy or commitment for title insurance furnished by SeZ~er sha!T he conclusive evidence of good and merchantable ;itr~ 85 th~:-~.~4~tiens therein stated. If evidence o~ ~dle discloses other detects. Seller shal{ have lhidy (30) additional days to cure such dfefs and notdy Purchaser. but Purchaser ma~%~{u~'f~ 8¢lb'¢r~ [~'~'¢"rT~t~b d~tlrum ~'~h~se'p~cu dit~ and cncumbra%es for a definite or ascedainab!e amounl) by notifyin~ Seller and tendering pedormanre At ¢osmg, if requested. SOlar shall execute 15 LOSS' if prior to closing, improvements on the property sha$1 be destroyed or materially damaged h~ fire or o~her casualty, thrs Co~haoL at the Of Purchaser. sha~ become null and void 15. SURVEY: Prior to closing. Seller sha!~ lurnish a survey by a licensed land surveyor dated not more than s¢x (6) months prier to date of acceplance hereof showing that all improvements presently located thereon, including buildings, fences, patios, sidewalks and driveways are within the lot hnes. and showing no easement wolations and no encroachments of improvements from adjoining properties. If Furch;~ser or Purchaser's mortgagee desires a more recent or extensive survey, same shall be obtained al Purchaser's expense 17. PAYOUTS: Existing modgage and other lien ~nOebtedness may be paid at closing out o sate p~oceeds, un,os, u c ~se tokes title subject thereto. 1~ -i.~b~te~-¢LKC~MENT: Purchaser may record a mortgage on this pre~rt~2~.a2p~2h~z~.gc~9ds, on ~t.~[~?s~ 19. DEGRIS REMOVAL: Seller shag remove Item premises by dare o~ possession ar: debris and persona~ ¢ropcrt~ not cocveyed by bil~ of sale to Purchaser 20. CODE VIOLATIONS: Seller warrants that neither he nor his agent has received notice o~ any dw¢iing code viobhon which exists on the date of th~s agreement from any city, village, or other governmental aulhority. 21. NOTICES: Ail notices required shall be in writing and shall be sewed on the padies at the mai~ing addresses indicated harem In the event notice served by mail. the date of mailing of ihe notice by registered or certified mail. return receipt reques~ed,~h~ll b~.h~e~fe~b,%.~J~J~ the subjec~ p~operty o~ a title company or a banking institution'Ji~bn~e~ Jo operate in the State of Illinois or ,~t,sLlcl~ O~j e.[ ~ac?s otherwise agreed by deed and money escrow with snch special provisions inserted in the escrow agreement as may be this Contract ~nd the e:~rncsi*moie~'~h~'bb-'d~p~fl¢"in'~b~e~w- The cost e[ the 8S¢[2~.shall be ~aid hy lhe party requesting it unless otherwise 2~: ._.P~g~?~;~%~(.~ (a) If the tax b:l ~or the current year whet; issue8 ~s increased more than ten p~'-ccnt (10~;} over the ar;~oust~ of the most (b) ~l the property l~as previously not been taxed as improved, the sum of two percenl of the purchase price shatl be deposited in esc~ow with Put. be prorated by ,he Se,,u s attorney at the cquest of ether p~dy, a, d Se!Tot's share of such tax liability, u~cr rcproratio~ shall be paid to Purchase~ from 2¢~'~;~710N: Put,baser reserves the right to inspect the p~emises ~,thin seven y* we (72 hou s of e c ,s ~ ~ ~¢[~ ~ ~ ~j,(, p,~ragraph 25 (Condit~o~ el Real Estate) above. 27 O~%tGNA]ION Oi INTEREST: When Purchasers are husband and wife. Ihe~r interest under th~s Conhad shall be in joint lenancy w~lh right 25~%~% ESTATE SET ~ LEMENT PROCEDURES' T~ ~ eslo th s~ $~) ~ y i~ ~ll*tespe~s w t ~ the Rea E%~a e S~ t omen .Pr~s Ac~ of ~974. ~here applicable, and furnish ail information required ~or compliance ~ith the Acl. · 30 C(::;STRUC] lC?, OF IERMS: Wherever 2ppropfiste. the singtd3r includes the plural and the nt3scuhn¢ of Icminine includes lite other or the ne~ tar.