O-03-02 01/14/02VILLAGE OF LEMONT
ORDINANCE NO.-2)
ORDINANCE AUTHORIZING SALE OF
410 MAIN STREET
LEMONT, ILLINOIS 60439
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 14th day of January , 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 14th
day of January , 2002.
ORDINANCE NO.
ORDINANCE AUTHORIZING SALE OF
410 MAIN STREET
LEMONT, ILLINOIS 60439
WHEREAS, the Village of Lemont owns the following described real property:
The West 2.17 feet of the East %z of Lot 4 in Block 2 in Truesdell's Addition to Athens in
Section 20, Township 37 North, Range I I, East of the Third Principal Meridian, in Cook
County, Illinois.
P.I.N.
which property is generally located at 410 Main Street, Lemont, Illinois 60439 and is unimproved with all
municipal utilities available; and
WHEREAS, the Trustees of the Village of Lemont have determined that it is no longer necessary,
appropriate, or in the best interest of the Village of Lemont that it retain title to the Real Property, and that
the Real Property is not required for the use of, or profitable to, the Municipality; and
WHEREAS, pursuant to Section 11 -76 -2 of the Illinois Municipal Code, 65 ILCS 5111-76-2, notice has
been given of the proposal to sell the Real Property and bids have been invited for the purchase of the Real
Property, said notice having first been published on December 13, 2001, in the Lemont Reporter -
Metropolitan, a newspaper published in the municipality; and
WHEREAS, the following bids for the purchase of the Real Property have been received:
BIDDER AMOUNT
and;
WHEREAS, the Trustees find and determine that the best interests of the Village of Lemont and
its residents will be served by the acceptance of the bid submitted by and the sale
of the Real Property to such bidder for the bid amount of
NOW, THEREFORE, BE IT ORDAINED by the Trustees of the Village of Lemont, Cook, Will and
DuPage Counties, Illinois, as follows:
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 in the amount
of 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 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 14th day of January,
2002.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
Attest:
AYES
vf
v
NAYS PASSED ABSENT
AZZA, Village Pre
HARLENE M. SMOLLEN, Village Clerk
REAL ESTATE CONTRACT
SELLER: VILLAGE OF LEMONT
ADDRESS: 418 MAIN STREET LEMONT
(CITY)
BUYER G,
1,21
ADDRESS: {1‘i
IL
(STATE)
ka�
(CITY)
(STATE)
60439
(ZIP)
❑ SINGLE FAMILY
❑ MULTI - FAMILY
❑ TOWNHOUSE
❑ CONDOMINIUM
I$ VACANT
(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)
THE WEST 2.17 FEET OF THE EAST % OF LOT 4 IN BLOCK 2 IN TRUESDELL'S ADDITION TO ATHENS IN SECTION 20, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
STREET ADDRESS 416 MAIN STREET
(Include "Unit Number" if condominium or townhouse)
LEMONT
(CITY)
ILLINOIS
(STATE)
LOT SIZE: APPROXIMATELY 2' X 91' X X 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 t :re 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, i
any; attached outside antenna, if any; water softener (except rental units), if any; all planted vegetation; ceiling fans, if any .:tomatic garage door system and al
related remote hand -held units, if any; and specifically including the following items of personal property now on the premise.;
VACANT
PRICE AND TERMS:
PURCHASE PRICE TO BE COMPLETED)
EARNEST MONEY DEPOSIT
In the form of (cash), (personal check), (cashier's check) or judgment note due
BALANCE DUE AT CLOSING (TO BE COMPLETED)
F-INANCING:
of $ or such Ic3scr Sum 83 Buycr accepb, with interest not to cxcced
fees for Such loon not to excccd %, plus lean processing fees,
$ 1,000.00
$
e,t -the- real - estate herein in the ameunl
% per year, to be amortized over year3, thceombined origination
if any. Buyer shall make writtcn appliee
thc mortgage+„
CLOSING:
The closing shall be within ten days of acceptance by the Village of Lemont, at the office of
POSSESSION: (Select one applicable option)
ig Seller shall deliver possession to the Buyer at closing; OR
tt icr or Seller's
yer that Scller will accept a purcha3c
eln provided within -the
a-mer tgeg
i3pectierfi -ef the prcmisc3 by Buyer's financing
that hi-
t conditioned upon thc sale, closing, or
Page 1 of 4
Td o upancy thL sum of
t, tit.: and +mores
tear- in-thecnfereement of his right.
TITLE EVIDENCE:
liccn3ed title in
(exeept-that, w
+f-S
oy 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 general QUIT CLAIM 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 r- strict the reasonable use of the premises as a residence: (a) general real estate taxes not due and payable at the :ime of closing; (b) building lines and
building lay 3 and ordinances, use or occupancy restrictions, conditions and covenants of record; (c) zoning laws and ordinances which conform to the present usage
of the prr:n ses; (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) limits : is and conditions imposed by the Illinois Condominium Property Act and condominium declaration, if applicable.
PRORATIONS:
ThefoHev:
NONE
xes, including special service areas;
on a portia
irrfarmatl
SURVEY:
eorncr3 stn
COMMISSION:
Real estate bre
TO BE PROVIDED BY BUYER
NONE
Ors -prior to the closing date), having -all
:3-and-buitding-Iinc3. The location of all
and said saraeq- shall- chew -no
insured by the title company for Buyer
epre3entetien —e
_ d on page four (4) of this Contract.
ATTORNEY MODIFICATION: NONE
The terms of !his 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: NOT APPLICABLE
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)
® Buyer declines to have a professional property inspection performed, and this Contract shall not be contingent upon such an inspection,
OR
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 improvement
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 th
Premises: central heating system(s), central cooling system(s), interior plumbing system, electrical system, all mechanical systems, and structural component:
consisting of roof, walls, windows, ceilings, floors and foundation. A MAJOR COMPONENT SHALL BE DEEMED TO E:: IN OPERATING CONDITION IF I'
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 suc
inspection. BUYER AGREES MINOR REPAIRS AND ROUTINE MAINTENANCE ITEMS ARE NOT A PART OF THIS CONTINGENCY. The parties agree the
repairs which do not exceed, in the aggregate, $500.00 to remedy shall be considered minor deficiencies for the purpose of this paragraph and Buyer agrees t
assume those repairs with no allowance from Seller. Buyer, within the five (5) business days after acceptance of Contract, shall have the right and option to sere
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 exceed
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, Buye
shall immediately deliver a copy of the inspection report to Seller. Seller shall, within five (5) business days thereafter, nc;ify 3uyer that (i) Seller will repair sucl
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 r.ost 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':
notii:e, buyer shall within two (2) business days thereafter notify Seller of Buyer's election to either proceed with the transaction, waiving all home inspection repai
requests, or declare the Contract null and void, in which case all earnest money shall be promptly refunded to Buyer. The parties nereto agree that the following item:
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 )iEREIN, THIS HOME INSPECTOOP
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
❑ The subject property is served by a community or municipal water and sewage treatment system (well and septic test provision inapplicable),
OR
7 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 an<
deliver to Buyer a water test performed by or acceptable to the county in which the property is located, and a septic system to- t indicating that the system is in prope
operating condition and in compliance with applicable state, county and local statutes. Such tests shall be performed not more tian 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 it
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 di:;c!osure, including the Residential Rea'
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 VILLAGE OF LEMONT (Escrowee) for the benefit of the parties heie•,), 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 AGREEMEN . FROM SELLER AND BUYER. Absent
an agreement relative to the disbursement of earnest money within a reasonable period of time, Escrowee may deposit the fu..Js 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 beach 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: NOT APPLICABLE
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 trus.
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 proceedinc
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 trie attorney for such party. In the ever
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. Facsimit
transmission of any offer, acceptance, notice, or rider herein provided to the parties, their broker or attorney, shall constitute sufficient notice or acceptance. Origin
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 sufficier
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 othe
agreements, representations, or understandings, oral or written, between the parties with respect to the subject matter of this Contract. No alteration, modificatior
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
m..
<a
(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 :hi .
contract is determined to be unenforceable by a court, such provisions shall be deemed severable and this Contract may be ,::forced with such provision severe(
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 require
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 premise .
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 rovisions of the Uniform Vendor an
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 nam:s 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 powar of direction with regard to said trust
This Contract and Riders numbered NONE , , RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT an
LEAD BASED PAINT DISCLOSURE, unless inapplicable, are attached hereto and incorporated herein, shall be executed by Byer and Seller and one copy thereo
delivered to Seller and one copy delivered to B yer.
THIS IS A LEGALL B DING CONTRACT HEN SIGNED. IF NOT UNDERSTOOD, SEEK LEGAL ADVICE ° ORE
x 171 li
Date of Acceptance: I%i, .4_e41.
(This date shall be in - ed only after the •parties her -to have agreed
to all the terms and •. . itions of this Cor :act and is also referred to
herein as the Contr- late).
BUYER(S): .d / ��,, .-e-
BUYER(S).
Date of Offer
SELLER(S):
SELLER(S):
BUYER'S BROKER:
Telephone:
Fax:
NONE
(Company)
IDENTITY OF BROKERS AND ATTORNEYS
SELLER'S BROKER:
Telephone #
Fax:
(Designated) or (Dual Agent): (Select one)
BUYER
Al _OP' .: Y
ess
(Agent's Name)
NONE
(Company)
(Designated) or (Dual Agent): (Select one)
(Agent's Name)
SELLER'S
ATTORNEY: JOHN 0. ANTONOP ' OS
Address: 15419 1277' :'TREE Si "
• -I ., no e Telephone: 257 -5816
Fax 257 36:2