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HomeMy WebLinkAboutOrd 3073 12/02/1980 i/13/8o ORDINANCE NO. 3073 AN ORDINANCE AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY , it is deemed advisable, necessary and in the public %terest of the Village of Mount Prospect of Cook County, Illi~ acquire a parcel of real estate owned by Cermak Plaza, Inc. legally described as: Lots 1, 2, and 3 of Centennial Subdivision, being a Resubdivision of part of the East half of the Southwest quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in the Village of Mount Prospect, Cook County, Illinois, hereinafter referred to as the "Subject Property"); and , it' is the intention of the Village to use the Subject ~roperty as the site of a senior citizen housing facility; and tHEREAS, the Subject PrOperty will serve the public and corporate ~urposes for which the Village of Mount Prospect is organized; an~ , the Village of Mount Prospect as an Illinois home rule )ality has the authority to purchase real estate to be ~sed for proper public purposes. - IOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF PRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, follows: SECTION ONE: The recitals set forth herein above are incorporate %erein as findings of the President and Board of Trustees of the e of Mount Prospect. TWO: The President and Board of Trustees of the Village Mount Prospect hereby determine that it is advisable, in the public interest that the Village of Mount Prospect se a parcel of real estate which is legally described as: Lots 1, 2 and 3 of Centennial Subdivision, being a Resubdivision of part of the East half of the South- west quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in the Village of Mount Prospect, Cook County, Illinois, hereinafter referred to as the "Subject Property"), pursuant to an agreement for the purchase thereof at a total cost of $500,000.00 which price the President and Board of Trustees find to be a fair, reasonable and just price. 2 - ~ECTION THREE: The Board of Trustees hereby authorizes the ?resident to sign and the Village Clerk to attest an agreement ~or the purchase of the Subject Property in substantially the ~ame form with substantially the same terms as the agreement ~ttached hereto as Exhibit A and incorporated herein by this 3eference, and to do all things necessary and essential, includin the execution of any documents and certificates necessary to carry out the provisions of said agreement. SECTION FOUR: This ordinance shall be in full force and effect from and after it's passage approval and publication in the manne provided by law. ,assed this 2nd day of December , 1980. AYES: Farley, Floros, Miller, Murauskis, Richardson, Wattenberg NAYS: None PRESENT: None Approved this 2nd d_ay of December , 1980. Approved: Vil!~e President ATTEST: AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY THIS AGREEMENT dated this day of 1980, between the Village of Mount Prospect, a municipal corporation in the County of Cook and State of Illinois (hereinafter "the Village"), and Cermak Plaza, Inc. ah ~/L~ corporation (hereinafter "the Seller"); W i TNE S S E TH: WHEREAS, the corporate authorities of the Village have determined that it is advisable, necessary and in the public interest that the Village purchase for public pur- poses the vacant parcel of land located west of West Gate Road, east of Rand Road, and north of Central Road, in Mount Prospect, Illinois, and legally described as follqws: Lots !, 2, and 3 of Centennial Subdivision, being a Resubdivision of part of the East half of the Southwest quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in the Village of Mount Prospect, Cook County, Illinois, (hereinafter "the Subject Property"); and WHEREAS, the Seller has agreed to cooperate with the Village in its goal of establishing a Senior Citizen Facility on the Subject Property and agrees to sell the Subject Property to the Village as hereinafter provided; NOW THEREFORE, in consideration of the mutual cove- nants and agreements hereinafter contained and other valuable consideration, it is mutually agreed between the Seller and the Village as follows: 2 - 1. The Seller agrees to sell the Subject Property to the Village and the Village agrees to purchase the Subject Property from the Seller for the sum of Five Hundred Thousand and no/100 dollars ($500,000.00). 2. The Seller agrees that it will permit pedestrian access from the Subject Property across the southern boundary of the Subject Property to the shopping plaza situated to the south of the Subject Property so long as the shopping plaza continues in existence on that site. The Seller shall not be, by virture of permitting said access, under any obligation to provide a walkway or safety zone for persons availing them-. selves of such access. 3. The Village has paid the s~3~ of Twenty-Five Thousand and no/100 dollars ($25,000.00) as earnest money to be applied on the purchase price, and agrees to pay or satisfy the balance of the purchase price, plus or minus prorations, at the time of closing in cash or certified or cashier's check. 4. This contract is subject to the condition that the United States Department of Housing and.Urban Development ("HUD") approve the use of Community Development Block Grant Funds under Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. ~4601 et ~eq., for the purchase of the Subject Property by the Village. Such approval shall be obtained by the Village on or before fifteen (15) days of the signing of the Agreement or closing, whichever is sooner. 5. The Seller shall, at closing, convey the Subject Prop- erty to the Village by a stamped warranty deed, with the release of homestead rights, subject only to: (a) covenants, Conditions and 'restrictions of record; (b) private, public and utility easements and roads and highways, if an~ whether or not of record; Seller re- serves all the rights that it currently has under the terms of such asements to enter on such easement areas as they may be modified from time to time by the parties to such easements;at his own risk;for the purpose of performing any maintenance, repairs or replacements; such rights shall flow to Seller's successors and assigns; (c) special taxes or assessments for improvements not yet completed; (d) any unconfirmed special tax or assessment; (e) installments not due at the date hereof of any special tax or assessment for improvements heretofore completed; and (f) general taxes for the year 1980 and susequent years. 6. Closing shall be on December 22, 1980, or on the date, if any, to which such time is extended by reason of paragraph 9 hereinafter becoming operative (whichever date is later) unless subsequently mutually agreed otherwise by the Seller and the Village, at the Office of the Registrar of Torrens Titles, provided title is shown to be good or is accepted by the Village. 7. The Seller shall deliver possession to the Village at or before closing. The Seller agrees to pay the Village the sum of Five Hundred and no/100 dollars ($500.00) for each day the Seller remains in possession between the date of closing and the date of possession. 8. The Seller shall deliver or cause to be delivered to the Village or the Village's agent, not less than five (5) days prior to the time of the closing, an Owner's Duplicate Certificate of Title issued by the Registrar of Titles, a Special Tax and Lien Search. and an Affidavit of Title in customary form coverin~ the date of closing and showing title in the Seller subject to the permitted exceptions set forth in paragraph 5 above. In the event the Owner's Duplicate Certificate of Title is being held by the Torrens Office, the Village agrees to accept a certified copy together with the most recent receipt. 4- 9. If the Owner's Duplicate Certificate of Title shows exceptions to or defects in title not included in para- graph 7 above, the Seller shall have thirty (30) days from the date of delivery thereof to have such exceptions or defects removed. If the Seller fails to have the defects removed within the specified time, the Village may terminate this con- tract or may elect,' upon notice to the Seller within ten (10) days after the expiration of the thirty (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 ascer- tainable amount. If the Village does not so elect, this Agree- ment shall become null and void without further action or re- course of the parties. lQ . Water and other utility charges, general taxes, if any, and other similar items shall be adjusted ratably as of the time of closing. If the amount of the current general taxes is not then ascertainable, the adjustment thereof shall be on the basis of 100% of the amount of the most recent ascertainable taxes allocable to the Subject Property and shall be subject to reproration when the bill for the current general taxes is avail- able. The taxes allocable to the Subjec~ Property shall be that portion of the taxes assessed on the basis of acreage only (and not on the basis of improvements) which is equal to the propor- tion that the square acreage of the Subject Property bears to the acreage on which the most recent taxes are based. All pro- rations are final unless otherwise provided herein. The Village shall pay the amount of any stamp tax imposed by State law on the transfer of the title, and shall furnish a completed Real Estate Transfer Declaration signed by the Village or the Village's agent or meet other requirements as established by any local ordinance with regard to a transfer or transactions tax; such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. If uch ordinance does not place responsibility, the tax shall be Paid by the Village. If' such ordinance places responsibility on the Seller, the Village shall reimburse the Seller for such local transfer or transaction tax as the Seller pays. 11. The Seller warrants that the Seller, its benefic- iaries, or agents of the Seller or of its beneficiaries have received no notices from any city, village or other govern- mental authority of zoning, building, fire or health code vio- lations in respect to the Subject Property that have not been heretofore corrected; and the Village warrants that it is unaware of any violations applying to the Subject Property or to the balance of the parcel from which it is being taken, which parcel is known as Lot 1 of Plaza Subdivision. 12. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. . 13- The earnest money shall be held by Pioneer National Title Insurance Company for the mutual benefit of the parties. 14. If this contract is terminated without the Village's fault, the earnest money shall be returned to the Village, but if the termination is caused by the Village's fault, then at the option of the Seller and upon notice to the Village, the Village shall rezone the Subject Property to B-3 and shall forfeit to the Seller that amount of the earnest money, not to exceed $10,000.00, which is equal to the costs and expenses incurred by the Seller in this transaction. The Seller and the Village shall have no other remedy. If HUD funds and/or approval, as specified hereinabove, is withheld or withdrawn due to some fault on the part of the Village, the Village shall have thirty (30) days to cure such fault. If the Village cures such fault within said thirty (30) day period, a termination resulting from HUD withholding or withdrawal of funds and/or approval shall be deemed not to have been caused by the Village's fault. 15. At the election of the Seller or the Village, upon notice to the other party not less than 5 days prior to the time of closing, this sale shall be closed through an escrow with Pioneer National Title Insurance Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by Pioneer National Title Insurance Company, with such Special provisions inserted in the escrow agreement as may be required to conform with this contract. Upon the creation of such an escrow, anything h'erein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow. The cost of the escrow shall be paid by the Village. 16. Time is of the essence of this contract. 17. All notices herein required shall be served on the parties at the following addresses: The Seller: Mr. Bernard Lee 12 East Busse Avenue Mount Prospect, Illinois 60056 The Village: Terrance L. Burghard Village Manager Village of Mount Prospect 100 Sou~h Emerson Street Mount Prospect, Illinois 60056 The mailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service. 18. If utility easements lOcated on the Subject Property and servicing the balance of Lot 1 of Plaza Sub- division must be relocated in order to build a senior citizen housing facility on the Subject Property; the Village agrees 'to relocate such easements, or to cause them to be relocated without expense to the Seller. 19 . The Village agrees to. dedicate a portion of the Subject Property, designated as Lot 3, as a public roadway and to construct said roadway or cause its construction by parties other than the Seller. 9. -7- The Village agrees to dedicate a portion of the Subject Property, designated as Lot 3, as a public roadway and to construct said roadway or cause its construction by parties ot~er than the Seller. Notwithstanding the foregoing, the Village shall not be required to dedicate or to pave or otherwise improve the west 200' of Lot 3. 20. The parties acknowledge that the Seller, and the tenants and customers of the shopping center located on the bal- ance of Lot 1 of Plaza Subdivision shall be entitled to use said roadway in the same manner as it may be Used by the general public. The Village further acknowledges that it has no current intention to restrict the use of said roadway by the. general public and at all times the Seller shall have access across the east 100 feet of said roadway to West Gate Road. The Village shall give reasonable approval of curb cuts along said roadway to permit the movement of traffic to and from the shopping center in accordance w. ith municipal ordinances and procedures and traffic safety practi~ces. 21. The parties agree that any agreements, reservations, ' easements, 'etc. provided for herein, which cannot by their' very nature be fully performed at the time of closing, shall survive delivery of the deed. 22. The Village acknowledges that the sale of the Subject Property pursuant to this Agreement shall not affect the variations granted the Seller under Ordinance No. 2774 and Ordinance No. 2923. IN WITNESS WHEREOF, the Seller has caused this Agreement to be executed by its ~' -~ and the corporate seal of the Seller to be hereunto affixed, and the Village has caused this Agreement to be executed by its Mayor and attested by its Clerk and the official seal of the Village to be 8- hereunto affixed all as of the day and year first above written. Seller: CE ZA INC. ~ ~ >-~ .~ '. 4,,./, IA, :~/ : ~' ; " Village: ATTEST: ~ , CLERK BY VILLATE OF MOUNT PROSPECT F'~YOR ~ STATE OF %~'"'-' ) ) SS COUNTY OF ~ ) The foregoing instrument was acknowledged before me this ~1 day ~f .'~~ , 19~/, by ' '/~~ ~/~ ,the ~ ~ ~~ of CERMAK PLAZA, INC., an Illinois Corporation, on behalf of the Corporation. Notary Public in My Commission Expires