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O-15-02 03/25/02VILLAGE OF LEMONT ORDINANCE NO. /5— ORDINANCE AUTHORIZING SALE OF PART OF OUTLOT B, TIMBERLINE LEMONT, ILLINOIS 60439 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This .2516' day of M c12c.G, , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this 25th day of March , 2002. ORDINANCE NO. 0 -15- b 2" ORDINANCE AUTHORIZING SALE OF PART OF OUTLOT B, TIMBERLINE LEMONT, ILLINOIS 60439 WHEREAS, the Village of Lemont owns the following described real property: That Part of Outlot "B" in Timberline 1, being a subdivision of part of Lots 1, 2, 3, 27 and 28 of County Clerk's Division of Sections 29 and 30, Township 37 North, Range 11, East of the Third Principal Meridian, recorded April 5, 1979 as document number 24908074, further described as: beginning at the Northeast corner of said Outlot "B ", said point also being the point of curvature of the South line of the 66 foot wide Logan Street right of way and said point also being 3.00 feet South of the Northwest corner of Lot 5 along the 50 foot right of way of said Logan Street in Valley Ridge Subdivision Unit Number I recorded July 19, 1965 as document number 19530048, thence from said point of beginning South 0 degrees 0I minutes 32.3 seconds East along the West line of said Lot 5 a distance of 137.00 feet tot he Southwest corner of said Lot 5, thence South 89 degrees 40 minutes 06.8 seconds Wet a distance of 86.25 feet to the Southeastern line of the 66 foot wide Logan Street right of way, thence Northeasterly along the Southeastern line of the 66 foot wide Logan Street right of way a distance of 91.43 feet to a point of curvature, thence along a curve to the East having a radius of 67.00 feet along the Southeastern right of way of Logan Street a distance of 86.78 feet to the point of beginning, all in Cook County, Illinois. P.I.N. 22 -29 -127 -003 FROM w. rrrr� �rrr� ♦ V,"r • .r i VwdV PHCNE NO. : 63E 243 0958 Mar, 25 2002 12:59PM P7 which property is generally located as Part of Outlot B, Timberline, Lemont, Illinois 60439 and .s uetirnpraved; and WHEREAS, the Trustees of the Village of Lemont have determined that it is no longer necessary, alpplropriate, or in the best interest of the Village of Lemont that it retain title to the Real Property, and that the Real Property is net required for the use of, or profitable to, the Municipality; and WHEREAS, pursuant to Section 11-76-2 of the Illinois Municipal Code, 651LCS 3/1 1-76-2. notce has bGdn given of the proposal to sell the Real Property and bids have been invited for the purchase of the Rea; ptc perry, said notice having first beet, published on February 7, 2002, and having been published for three sidcessive week im the Lemont Reporr r.M tropelitan. a newspaper published in the municipality; and aiid; WHEREAS, the fallowing bids for the purchase of the Real Property have been received: BIDDER Alan and Elica Meyer AMOUNT $3,0OA:6o i, Soo WHEREAS, the Trustees advised the Bidder that the bid would not be accepter unless the bidder past{ the amount cf the appraised value of Seven Thousand Five Hundred 001100 ($7,300). WHEREAS, the Trustees find and determine that the best interests of the Village of Lemont and its resltdecns will be served by the acceptance of the bid submit-4d by Alan Meyer and Eliza Meyer and the sale cif he Real Property to such bidder for the amount bid of Seven Thousand Five Hundred 00/100 ($7,500); NOW, THEREFORE, BE IT ORDAINED by the Trustees of the Village of Lemont, Cook Will and Ch4Page Counties, Illinois, u follows: f1 Section One: The foregoing recitals are incorporated herein as findings of the Trustees of the Village of Lemont for the sale of the Real Property. Section Two: The bid of Alan and Elica Meyer in the amount of Seven Thousand Five Hundred 00/100 Dollars ($7,500.00) is hereby accepted by the Trustees of the Village of Lemont for the sale of the Real Property. Section Three: The Mayor is hereby authorized and directed to sign and the Village Clerk is hereby authorized and directed to attest a contract for the sale and purchase of the Real Property, which contract shall be in the form attached hereto as Exhibit A. Section Four: Upon satisfaction of the terms of the aforesaid contract and upon the payment or securing of the aforesaid bid price in the manner provided in said contract, the Mayor is hereby authorized and directed to convey and transfer the Real Property to Alan Meyer and Elica Meyer by a proper deed of conveyance, stating therein the aforesaid consideration, and the Village Clerk is hereby authorized to acknowledge and attest such deed and to affix thereto the seal of the Village of Lemont. Section Five: The Mayor and the Clerk are hereby authorized, respectively, to execute and attest such other documents as may be necessary to the conveyance herein authorized. This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 25th day of March , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT i/ U Approved by me this 25th day of March , 2002. Attest: CHARLENE M. SMOLLEN, Village Clerk HN F. PI ZA, Village Pre ident FROM SELLER: _.....al.D t AGF nor urlutr'StvT D.7YJ W770 NO.451 D02 PHONE NO. : 639 243 8956 Mar. 25 2E02 12:55PM P2 REAL, ESTATE CONTRACT SING(y FAMILY ADDRESS' - - C. 4 , s. 3 • . " • O MULTI- FAMILY (ZIP) OUTER &an s stimaijoyir O TOWNHOUSE ADDRESS :.. 24 W oa " idi ,..— ae.,nnf I Qt1439 O CONDCMINIUU (CITY) (STATE) (CITY) igrATE) RIP) VACANT LOT • (Cheat Ceti,) Buyer hereby greed to lurched, arts Seller agrees to gall the following described real estate. on the terms end conditions „drain set forth. OESCRIPTtel OR PROPERTY: LEGAL OESCRIPTION (vermiasion to attach hereto at any tine herearterl Legal Description Attached hereto • 8TRLET At) RE &S Pg ri of Ou t R Timhori;rua t�yatop . lL gaiati f�tepr imagsix jt,s ,asejeet _(tnc)uda'UiiJt Number' if condominium or townhouse) mire) (STATE) LOT SIZE: AP!PROXI MATELY ti7• k �4[' w Y $A' Y 1_37! Y Y X PEET. • IMPRQQEDl TH yAcANT together wiitb M appurtenances attached to and forming a part co me premises, for whLGh Seller shall deliver a Bel et Setto at tune of delProry of daect exieling negJi g, plumbing, electticel lighting axtunsi, storm windows. store, doors and SWUM, if any: drtPery rues. ewsain ruts, if any; fencing. if any: attached sin ndibcr+ers, if any attached outside antenna, if any water eoRaner (except rental units), if any; all planted vegetation: calling fans, if arty: automatic gar gg door system and ell related remote hand -held units, If any: and aCecifcally ,ncluding the following item of personal property now On tea premises: • PRICE MO EMS: PURCFR RICE., •... •... s EARNS'. kt NEY DEPOSIT 'c,✓ In the form of (cosh), (personal ¢heck), (Cashier's check) or ju :prent note Sue ) . - S 1 nog 00 7 $ aelaliCe 011g AT CLOSIN© S_,_._,..6. FINANCING', Ws ContrePt le contingent upon Buyer seeunnp within days of ac000tanoa pert tf a written mortgage commitment on the rear estate herein In Me aCrount pf)5 - or such 1699er sun, ss Buyer accepts, with intsrost not to exceed , % per year. to Ce zrnortiZe0 over years, the coMairied artainattan fed discount fees for Suet. lean not to emceed %. obis loan processing fees, if WY- &Mar mall .rake rurilen apptoetion ter suet% lean within ten (10) days from date of acceptance of Contract. snail coocerate with the (sneer In cupptyinp aft necessary inbrmaeion and docuentiolgti00. Ord shall diligen ly attempt to detain the mortgage deeenbed herein, In th event the Buyer Is unable to secure such team osmmitrment, puyisr shalt provide written notice of same to Seller ell Seller's attorney, Seller may, at h.e option, wit: in art squat number of addttlanat days, procuie for 3uyar sucti a commitment or notify Buyer that $alter will acct a purcnane money mortgages upon the carne terms. In the event neither Skiver or Sailer secure such loan commitment as nereln provided within the time allowed, than tits Contract shall become null and void and art Sanest mome shell be returned to Salyer. Guyer snail be Wowed to h3Ve a mortgage Or trust acme placed of rrcord prior ro closing. but an) delays caused thereby snail not constitute a default by the Seller. Seller moat gm rcssonable inedeetton d toil pft3(tNStws 4 3uyarsfAimiftg agent. Unit93 a contingent upon erale/dosing provision is attached and made pan of tht9 Contract, Guyer reorssents that his ab'dlty to obtain financing is not subject to the sale. easing. or raAtsi of any other real estate, Buyer wit be deemed to 0o in default if he detains s loan conrnitment, a nditioned upcn the rate. closing, at rpntai of ow, reai estate, and tads to dose tits transaction as agreed. CLOSING: 7ha cloeint shalt be on or before at the office of Buyer s lender, or._„t+tp roguagy „ . POSSESStOat: (Select one aPplloable option) o ass.. ow d.L'var deoaossion to the Buyer et dosing: oa Q Seller ,sh deriver poaseeaon to Suyar within r,.� days from dale of dosing. Seller agreed to pay Buyer far ma aro ocCuOaUtCj the sum of $ Per der tar each day after:ioeins that Seller retains poertettiOn. Seger shaft be responsible rar heal utilities and home maintenance Page 1 of a • REAL ESTATE CONTRACT SELLER: VILLAGF OF LFMONT D SINGLE FAMILY ADDRESS: 418 MAIN STRFFT. LFMONT IL 60439 G MULTI- FAMILY (CITY) (STATE) (ZIP) BUYER: Alan & Elica Meyer D TOWNHOUSE ADDRESS: 24 W. Logan Street Lemont IL 60439 D CONDOMINIUM (CITY) (STATE) (ZIP) D VACANT LOT (Check One) Buyer hereby agrees to purchase and Seller agrees to sell the following described real estate, on the terms and conditions herein set forth. DESCRIPTION OF PROPERTY: LEGAL DESCRIPTION (Permission to attach hereto at any time hereafter) Legal Description Attached Hereto STREET ADDRESS Part of Outlot B Timberline. Lemont IL 60439 (Approximately 9.000 square feet) _(Include "Unit Number" if condominium or townhouse) (CITY) (STATE) LOT SIZE: APPROXIMATELY 67' X 91' X 88' X 137' X X X FEET. IMPROVED WITH VACANT together with all appurtenances attached to and forming a part of the premises, for which Seller shall deliver a Bill of Sale at time of delivery of deed; existing heating, plumbing, electrical lighting fixtures, storm windows, storm doors and screens, if any; drapery rods, curtain rods, if any; fencing, if any; attached air conditioners, if any; attached outside antenna, if any; water softener (except rental units), if any; all planted vegetation; ceiling fans, if any; automatic garage door system and all related remote hand -held units, if any; and specifically including the following items of personal property now on the premises: Purchaser acknowledges that the subject property is not a buildable lot PRICE AND TERMS: PURCHASE PRICE $ 7.500.00 EARNEST MONEY DEPOSIT In the form of (cash), (personal check), (cashier's check) or judgment note due ) $ 1 000.00 BALANCE DUE AT CLOSING $ 6,500.00 FINANCING: This Contract is contingent upon Buyer securing within days of acceptance hereof a written mortgage commitment on the real estate herein in the amount of $ or such lesser sum as Buyer accepts, with interest not to exceed % per year, to be amortized over years, the combined origination and discount fees for such loan riot to exceed %, plus loan processing fees, if any. Buyer shall make written application for such loan within ten (10) days from date of acceptance of Contract, shall cooperate with the lender in supplying all necessary information and documentation, and shall diligently attempt to obtain the mortgage described herein. In th event the Buyer is unable to secure such loan commitment, Buyer shall provide written notice of same to Seller or Seller's attorney. Seller may, at his option, within an equal number of additional days, procure for Buyer such a commitment or notify Buyer that Seller will accept a purchase money mortgage upon the same terms. In the event neither Buyer nor Seller secure such loan commitment as herein provided within the time allowed, then this Contract shall become null and void and all earnest money shall be returned to Buyer. Buyer shall be allowed to have a mortgage or trust deed placed of record prior to closing, but any delays caused thereby shall not constitute a default by the Seller. Seller must allow reasonable inspection of the premises by Buyer's financing agent. Unless a contingent upon sale /closing provision is attached and made part of this Contract, Buyer represents that his ability to obtain financing is not subject to the sale, closing, or rental of any other real estate. Buyer will be deemed to be in default if he obtains a loan commitment conditioned upon the sale, closing, or rental of other real estate, and fails to close this transaction as agreed. CLOSING: The closing shall be on or before at the office of Buyer's lender, or Title Company POSSESSION: (Select one applicable option) D Seller shall deliver possession to the Buyer at closing; OR ❑ Seller shall deliver possession to Buyer within days from date of closing. Seller agrees to pay Buyer for use and occupancy the sum of $ Per day for each day after closing that Seller retains possession. Seller shall be responsible for heat, utilities and home maintenance Page 1 of 4 • expenses during said period, and shall deliver possession of the real estate in the same condition as it is in on the date of closing. Should Seller fail to deliver possession to Buyer as agreed, Seller shall pay to Buyer beginning on the day after closing, the sum of $ per day until possession is delivered to the Buyer and Buyer shall, in addition to all other remedies, have the immediate right to commence any legal action or proceeding calculated to evict and remove the Seller from the premises. Seller agrees to waive all notices required by the forcible Entry and Detainer Act or any other statute, and consents to an immediate judgment for possession. Seller further agrees to reimburse Buyer for all reasonable attorneys' fees and court costs Buyer may incur in the enforcement of his rights pursuant to this provision. Seller shall deposit the sum of $ in escrow with as Escrowee, at the time of closing, and any monies due the Buyer for Seller's use and occupancy hereunder shall be paid to Buyer from this deposit and the balance, if any, shall be refunded to Seller. Possession shall be deemed delivered to Buyer when Seller has vacated the premises and delivered the keys to the Buyer or the Escrowee. Escrow money shall be limited to delivery of possession, and funds held pursuant to this paragraph shall be used only to satisfy payment for use and occupancy. TITLE EVIDENCE: Seller, at his expense, shall furnish not less than five (5) days prior to the closing date, a title commitment for an owners title insurance policy issued by an Illinois licensed title insurance company in the amount of the purchase price covering the date hereof subject only to (a) the general exceptions contained in the title policy (except that, where the subject property qualifies as a single family residential unit, the policy shall provide extended coverage over the general exceptions); (b) the title exceptions set forth below; and (c) title exceptions pertaining to liens or encumbrances which have been assumed by the Buyer under the terms hereof or which the Seller has agreed to remove at closing from the proceeds hereunder. Any delay in delivery of the title commitment which is caused by the Buyer, his agent, or his lending agency shall extend the time for delivery thereof by the Seller by such period of delay. If the title commitment discloses exceptions not provided for herein, the Seller shall have until closing to remove said exceptions or to acquire title insurance covering said unpermitted exceptions. If Seller fails to remove said exceptions or obtain additional insurance within the time stated herein, Buyer may elect to terminate this Contract and all monies paid by the Buyer shall be refunded to him. DEED (CONVEYANCE, LIENS, ENCUMBRANCES): Seller shall convey or cause to be conveyed to Buyer, title to the premises by a recordable special warranty deed with release of homestead rights, or trustee's deed if applicable, in joint tenancy, if more than one Buyer, or to Buyer's nominee, subject only to the following permitted exceptions, provided none of which shall materially restrict the reasonable use of the premises as a residence: (a) general real estate taxes not due and payable at the time of closing; (b) building lines and building laws and ordinances, use or occupancy restrictions, conditions and covenants of record; (c) zoning laws and ordinances which conform to the present usage of the premises; (d) public and utility easements which serve the premises; (e) public roads and highways, if any; (f) party wall rights and agreements, if any; and (g) limitations and conditions imposed by the Illinois Condominium Property Act and condominium declaration, if applicable. PRORATIONS: NONE The following items, if applicable, shall be prorated as of the date of closing: (a) insurance premiums; (b) general real estate taxes, including special service areas, if any; (c) rents and security deposits; (d) interest on mortgage indebtedness assumed; (e) water taxes; (f) homeowners and /or condominium /townhome association dues and assessments; (g) prepaid service contracts. Prorations of general taxes shall be on the basis of 105% of the last ascertainable bill. If said bill is based on a partial assessment or on an unimproved basis for improved property, a written agreement (with escrow) for final proration when the complete assessment information is available from the County Assessor shall be signed at closing by the parties hereto. SURVEY: TO BE PROVIDED BY BUYER Seller at his expense, except for condominiums, shall furnish to Buyer a current spotted survey (dated not more than 6 months prior to the closing date), having all corners staked, under certification by an Illinois licensed land surveyor showing the location of all improvements, easements and building lines. The location of all improvements on the subject property shall be within the lot lines and not encroach upon any easements or building lines, and said survey shall show no encroachments from adjoining properties. In the event said survey discloses encroachments, these encroachments shall be insured by the title company for Buyer and Buyer's lender at Seller's expense. COMMISSION: NONE Real estate broker's commission shall be paid in accordance with the terms of the listing agreements and Buyer representation agreements of the respective parties, unless otherwise agreed in writing by the respective parties and their brokers. Seller's broker and Buyer's broker are identified on page four (4) of this Contract. ATTORNEY MODIFICATION: NONE The terms of this Contract, except the purchase price, closing date, and possession date, are subject to good faith modification (which may include additional terms) by the attorneys for the parties within three (3) business days from the Contract Date (excluding Saturday, Sunday, and legal holidays). Notice of modification shall be in writing, served upon the other party or his agent, and shall state the specific terms to be modified and the proposed revisions. IN THE ABSENCE OF WRITTEN NOTICE WITHIN THE TIME SPECIFIED HEREIN, THIS PROVISION SHALL BE DEEMED WAIVED BY ALL PARTIES HERETO AND THIS CONTRACT SHALL CONTINUE IN FULL FORCE AND EFFECT. THE PARTIES ACKNOWLEDGE THAT MODIFICATION PURSUANT TO THIS PROVISION SHALL CONSTITUTE A COUNTEROFFER. CLEAN CONDITION: Seller shall leave the premises in broom -clean condition. All personal property not to be conveyed to Buyer and all refuse shall be removed from the premises at Seller's expense by the possession date. Page 2 of 4 PROPERTY INSPECTION CONTINGENCY: (Select one applicable option) U Buyer declines to have a professional property inspection performed, and this Contract shall not be contingent upon such an inspection, OR U Buyer shall have the right, for a period of five (5) business days following the date of acceptance of this Contract, to have the subject property and its improvements inspected by a certified home inspection service of Buyer's choice, and at Buyer's cost. The home inspection shall cover ONLY the major components of the Premises: central heating system(s), central cooling system(s), interior plumbing system, electrical system, all mechanical systems, and structural components, consisting of roof, walls, windows, ceilings, floors and foundation. A MAJOR COMPONENT SHALL BE DEEMED TO BE IN OPERATING CONDITION IF IT PERFORMS THE FUNCTION FOR WHICH IT IS INTENDED, REGARDLESS OF AGE, AND DOES NOT CONSTITUTE A THREAT TO HEALTH OR SAFETY. Buyer shall indemnify Seller and hold Seller harmless from and against any loss or damage caused by the acts of negligence of Buyer or any person performing such inspection. BUYER AGREES MINOR REPAIRS AND ROUTINE MAINTENANCE ITEMS ARE NOT A PART OF THIS CONTINGENCY. The parties agree that repairs which do not exceed, in the aggregate, S500.00 to remedy shall be considered minor deficiencies for the purpose of this paragraph and Buyer agrees to assume those repairs with no allowance from Seiler. Buyer, within the five (5) business days after acceptance of Contract, shall have the right and option to serve written notice upon Seller, Seller's listing agent, or attorney of the above deficiencies disclosed by the inspection report when the cumulative cost of repair exceeds the limitation set forth herein, and Buyer shall have the right to request repair of all such deficiencies. In the event Buyer makes a request for certain repairs, Buyer shall immediately deliver a copy of the inspection report to Seller. Seller shall, within five (5) business days thereafter, notify Buyer that (i) Seller will repair such deficiencies; (ii) Seller will, at closing, credit the Buyer in an amount equal to the reasonable cost of the repair of such deficiencies; or (iii) Seller proposes to negotiate the cost or obligation of correcting certain defects; or (iv) Seller will neither repair nor provide a credit. In the event Seller selects option (iv), upon receipt of the Seller's notice, buyer shall within two (2) business days thereafter notify Seller of Buyer's election to either proceed with the transaction, waiving all home inspection repair requests, or declare the Contract null and void, in which case all earnest money shall be promptly refunded to Buyer. The parties hereto agree that the following items are accepted by Buyer "As Is ", shall not be made a part of Buyer's request for repairs, and shall not be further negotiated: IN THE ABSENCE OF WRITTEN NOTICE OF REQUEST FOR REPAIRS FROM BUYER WITHIN THE TIME SPECIFIED HEREIN, THIS HOME INSPECTION CONTINGENCY SHALL BE DEEMED WAIVED BY THE BUYER AND NO LONGER A PART OF THIS REAL ESTATE CONTRACT. WELL AND SEPTIC TEST: (Select one applicable option) NOT APPLICABLE O The subject property is served by a community or municipal water and sewage treatment system (well and septic test provision inapplicable), OR U The subject property is not served by a community or municipal water and /or sewage treatment system. Seller, at his expense, prior to closing, shall obtain and deliver to Buyer a water test performed by or acceptable to the county in which the property is located, and a septic system test indicating that the system is in proper operating condition and in compliance with applicable state, county and local statutes. Such tests shall be performed not more than 60 days prior to the closing date. If either of said written test reports indicate that the water is not potable, that the septic system is not in properly operating condition, or that the systems are not in compliance with the relevant statutes, Seller shall have the option to make the necessary repairs and bring the system(s) into compliance prior to the closing date. In the event Seller elects not to make the necessary repairs, then this Contract, at the option of Buyer, shall become null and void, and all earnest money shall be refunded to Buyer. FLOOD PLAIN: Buyer shall have the option of declaring this Contract null and void within five (5) days of receipt of any written notice or disclosure, including the Residential Real Property Disclosure Report, that the property is located in a special flood plain hazard area which requires the Buyer to obtain flood insurance. This option shall not exist in the event such written notice or disclosure was provided in statement number three (3) of a Residential Real Property Disclosure Report executed by both Seller and Buyer prior to the Contract Date. PERFORMANCE /DEFAULT /RELEASE OF EARNEST MONEY: The earnest money and this Contract shall be held by THE VII LADE OF LEMONT (Escrowee) for the benefit of the parties hereto, and applied to the purchase price at closing. In the event of a default by Seller or Buyer, the parties are free to pursue any legal remedies available at law or in equity. THERE SHALL BE NO DISBURSEMENT OF EARNEST MONEY UNLESS ESCROWEE HAS BEEN PROVIDED WITH A WRITTEN AGREEMENT FROM SELLER AND BUYER. Absent an agreement relative to the disbursement of earnest money within a reasonable period of time, Escrowee may deposit the funds with the Clerk of the Circuit Court by the filing of an action in the nature of an interpleader. Escrowee shall be reimbursed from the earnest money for court costs related to the filing of the interpleader action. Seller and Buyer hereby indemnify and hold Escrowee harmless from any and all claims and demands arising out of any release of earnest money pursuant to a written agreement of the parties or court order. Time is of the essence. If this Contract is breached or unable to be performed by Seller, then at the Buyer's option, after notice of such breach to the Seller, Buyer may (i) proceed to closing, notwithstanding Seller's failure to perform all of the Seller's obligations, without waiving any other remedies for Seller's nonperformance, or (ii) declare the Contract null and void. If this Contract is breached or is unable to be performed by default of the Buyer, then at the Seller's option after notice to the Buyer, the earnest money shall be forfeited to Seller or disbursed pursuant to the terms of the listing agreement between the Seller and the broker. The foregoing remedies are not intended to be exclusive and the parties shall have the additional right to all other lawful remedies, including specific performance. Damages are not limited to the amount of the earnest money. In the event of the breach of this Contract, the breaching party shall pay the reasonable attorney fees and court costs incurred by the other party as a result of the breach of this Contract. TERMITE INSPECTION: Prior to closing, the Seller, at his expense, shall deliver to Buyer a written report from an inspection company certified to do termite inspections by the State Department of Public Health, dated not more than six (6) months prior to the closing date, stating that there is no visible evidence that the premises are infested by active termites, or other wood boring insects. Unless otherwise agreed between the parties, if the report discloses evidence of active infestation or structural damage, the Buyer shall have the option within five (5) business days of his receipt of the report to proceed with the purchase or declare the Contract null and void. This provision shall not be applicable to condominiums or to newly constructed property having been occupied for less than one year following completion of construction. Page 3 of 4 GENERAL CONDITIONS AND STIPULATIONS: (a) Both Seller and Buyer agree to execute all documents and provide all information necessary to enable any lender to issue a commitment for mortgage or trust deed and to close this sale. (b) Seller represents that he has not received any notice from any governmental body of any ordinance, zoning or building code violation, condemnation proceeding. pending rezoning, or special assessment proceedings affecting the property. (c) All notices herein required shall be in writing and served upon the parties at the addresses shown on this Contract or upon the attorney for such party. In the event the name and address of the Seller or the attorney for the Seller is unknown, written notice may be served upon the listing broker as agent for such Seller. Facsimile transmission of any offer, acceptance, notice, or rider herein provided to the parties, their broker or attomey, shall constitute sufficient notice or acceptance. Original documents shall be forwarded in all instances within three (3) business days of such notice. Notice to any one party of a multiple person party shall be sufficient service to all. (d) This Contract and any riders attached hereto shall constitute the entire agreement and understanding between the Seller and Buyer, and there are no other agreements, representations, or understandings, oral or written, between the parties with respect to the subject matter of this Contract. No alteration, modification, or amendment to this contract shall be valid unless in writing and signed by all parties. (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, legal representatives and permitted assigns. (f) This Contract is subject to the provisions of Public Act 89 -111 known as the Residential Real Property Disclosure Act, the terms of which are expressly incorporated herein and made a part of this Contract. The Seller represents that the information contained in the disclosure document is accurate as of the contract date. (g) The invalidity of any paragraph or subparagraph of this Contract shall not impair the validity of any other paragraph or subparagraph. If any provision of this contract is determined to be unenforceable by a court, such provisions shall be deemed severable and this Contract may be enforced with such provision severed or as modified by such court. (h) Prior to closing, Buyer shall have the right to enter into and make a final inspection of the premises to determine that the premises are in the condition required by the terms of the Contract. If there has been an adverse change in the condition of the premises since the Contract Date, the Seller shall restore the premises to the same condition as it was on the Contract Date, or as called for by the terms of the Contract. (i) Seller shall pay for the State of Illinois and county real estate transfer tax stamps. Any municipal transfer tax shall be paid by the party designated in the ordinance of the municipality imposing the tax. (j) If the improvements on the property shall be destroyed or materially damaged by fire or other casualty prior to closing, the provisions of the Uniform Vendor and Purchaser Risk Act of Illinois shall apply. (k) If the Buyer or Seller under this Contract is an Illinois land trust, the individual beneficiaries thereto have signed their names to this contract to indicate they are the beneficiaries of said trust in order to guarantee their performance of this Contract and to indicate that they hold the sole power of direction with regard to said trust. This Contract and Riders numbered NONF RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT and LEAD BASED PAINT DISCLOSURE, unless inapplicable, are attached hereto and incorporated herein, shall be executed by Buyer and Seller and one copy thereof delivered to Seller and one copy delivered to Buyer. THIS IS A LEGALLY BINDING CONTRACT WHEN SIGNED. IF NOT UNDERSTOOD, SEEK LEGAL ADVICE BEFORE SIGNING. BUYER(S): SELLER(S). Elica Meyer BUYER(S). SELLER(S): Village of Lemont Alan Meyer Date of Offer. Date of Acceptance: (This date shall be inserted only after the parties hereto have agreed to all the terms and conditions of this Contract and is also referred to herein as the Contract Date). IDENTITY OF BROKERS AND ATTORNEYS BUYER'S BROKER' NONE SELLER'S BROKER: NONE (Company) (Company) Telephone Telephone # Fax: Fax: (Designated) or (Dual Agent): (Select one) (Designated) or (Dual Agent): (Select one) (Agent's Name) (Agent's Name) BUYER'S SELLER'S ATTORNEY: F Najdanovich ATTORNEY: JOHN P. ANTONOPOULOS Address: P.O. Box 65. Lemont IL 6043 Address. 15419 127T" STRFFT. SUITF 100 LFMONT IL 60439 Telephone: 630- 257 -1051 Telephone: (630) 257 -5816 Fax: 630 -257 -1058 Fax: (630) 257-8619 r FROM : • w a VL.yGr[yy1� ryRV t iti'.. O-7YJ C4J 107 =t3 NU.41 PHCNE ND, : G30 243 8958 Mar. 25 20532 12 :58PM P5 GENERAL COviorri81N8 AND STIPULATIONS (a) Both SOP red Buyer agree to execute ail documents and provide all information necessary to S cable any lender to issue a commitment 4or mortpaao °lust deed and to dose this sale. (b) Seller re ersents Inat re has not received any notice Item any QOVemmsntal Cody Of say 0/einem:e, zoning or Dundee code violation,•canderreaten proceeding, Wig we/IMO, or Spacial aasessmert osocseeings affecting The property. (c) Ail no herein reaulred shall tee in writing end servo, upon the parties at the addrese0$ shower on this Contract or upon the attorney far such party. In S,eteveti+, the mama and address of the Seller or ino attorney for the Seller is unknown, written notice may be served upon die fisting broker as agent for sUert Seiler". Facsimile transmission of BM Offer, acceptance. notice, or Stier herein provided to the parties. their brdcer or attorney, Shall constitute cif/Icier! notes or acceptance. Original docucumeett shah he forwarded In all inetareara within three (3) trustrss days of such notice- Not ea to any one pP of a maple person party shell be sufficient melee to all. ail Mile et and any Mora auaottod hereto stall constitute the situ agreement and understanding between the Seller and Buyer. and there are no other aQ nt s. representations, or understandings, area or written, between the parties web respect to the subject matter of this Contract. No alteration. ihcaVon. ar amendment to this °Wraci shelf be valid uelacs In writing and signed by all parties. (a) This ct shall be binding upon and inure to the aortae of the parties and their rwipeat've nacre. Successors. legal reorasefWtives and permitted assigns. ill This Contract is weird to the priaeefone of Public Act 59-111 known as the Residential Reel Property Disctosura Act. the terms Of MMeh are exta+essly irteceporeted herein and made a part of Ws Contract. The Sailer represents that the information contained In the disclosure document ie accurate ariol the contract date. (g) The invalidity Of any peragreph et Subparagraph of this Contract shaft not impair the validity of any other paregra t or subparagraph. if any provieiorr •oi'itt s contract is daterenined to be unenforceable by a Court, $wCC+ provision& shall bee cleaned severable and this Contract may be enforced with such pi) on severed area mudilrnbd by much. Court (h) Prior to do 'no, Buyer shall have the rialIt tO enter into and make 0 tine! Inspection of IN premises to detemrine that ate premise are in the condition 'u nee by the titres of the Cantrac t If there has been an s versa change in the condition of tree premises since the Contract Oats, the Seller snail tore rte prvrrnises to Ina same condition as i1 ryas on the Contract Oats, or as salted tor by me terms of the Contract. (i) softer sh$It for time State of illinds and county real estate transfer tau ataripe. Any municipal 'Twofer tax shall be paid by Ste partar designated in the ordinanda of the municipality imposing the tax. (j) If the timer emeriti on the property aheq be destroyed or materially demised by le Or otter Casualty prior to dosing, the rsravisiona of the t:reforre Vender and tatireM ee r Risk Aot of Illinois shad aPPIy. (k) If the Super or Wier under this Contract is art Illinois and trust, the individual b efdar'sa thereto have signed their names to this contract to indicate 1hre are the b enefciar+es ref said trust le order to guarantee their perforrnvv0a Df this Contract and to indicate that they hold the sole power of tirsctio.i regard to said trust This Conti and numbered ' JOIE RESIDENTIAL REAL PROPERTY =CLOSURE REPORT acid j ASED PAINT DISCLOSURE, untaaa inapplicable, are attached hereto and Incorporate* nerebt. shall ba wiecuted by Buyer and Seller and oh" - -.r reef dahveead le Setter and one oopy delivered to Buyer. THIS IS A. r! 9 DING CON CT WHEN SIGNED. IF NOT UNDERSTOOD, SEEK LE �, BEFORE - Ali 1 I_. A SELLERS • �' / �/% > ?�l .' SELLER(s ' , _ % 1 BUYER(S); • Alin Om of Offer I 3- J091— B:JYER'$ jkER ;, runup t (Company) Telephone; i..4.--.....----. Teephone fi . pax; Fax; Dete of (This date ona l be inserted only after the parties nsreio have agreed to all the t:+n'nic land conditions of this Contract and is also referred t0 herein as the CCntnet Date). IDENTITY 0' BROKERS AND ATTORNEYS SELLER'S Ong ER: ND (Company) taesianate) . r Alai Agent}; (Select one) (Agent's Name) DUY @R'$ Fro Adartss; a 0 r an Lamm( it 6043 .. *agrees: Tsiepheea: i x.63 7 4 Telephone; Fax;__ 82b- 2s= t %ex• (Oe eignated) or (Duel Agent); (Solent ore) (Agent's Name) SELLER'S ATTORNEY' U 4hJ O ANTQN0e2u0S■ • Xaae let -egi 6 iF'io} ass -9611