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O-60-01 11/12/2001VILLAGE OF LEMONT ORDINANCE NO. 0' (p0.0I AMENDED ORDINANCE AUTHORIZING SALE OF 313 CANAL STREET LEMONT, ILLINOIS 60439 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This r Z day of 1(l.0JUnrn 1'912,1 , 2001. 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 1,2,4e" day of iN ,,,M,'24 , 2001. ORDINANCE NO. ✓ 400-0 1 AMENDED ORDINANCE AUTHORIZING SALE OF 313 CANAL STREET LEMONT, ILLINOIS 60439 WHEREAS, the Village of Lemont owns the following described real property: The East /2 of Lot 7 in Block 28 in Keepotaw, a Subdivision of the Southwest fractional 'A and the West % of the Southeast 'A of Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, also; that part of vacated Lawrence street lying between said East '/z of Lot 7 and North line of Canal Street, in the Village of Lemont, in Cook County, Illinois. P.I.N. 22 -20- 404 - 009 -0000 which property is generally located at 313 Canal Street, Lemont, Illinois 60439 and is currently an unoccupied two story frame building (the Real Property); 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 5/11-76-2, 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 July 19, 2001, and having been published for three successive weeks in the Liberty Suburban Chicago, a newspaper published in the municipality; and WHEREAS, the following bids for the purchase of the Real Property have been received: BIDDER AMOUNT Greta Hayes 10 South 426 Ruth Drive Lemont, Illinois 60439 Loren Jahn 14302 West 1 315` Street Lemont, Illinois 60439 R. Gregory Schwartz, Canal Street Holdings, LLC. c/o Hughes & Cebula, Ltd. 19815 Governors Highway Flossmoor, Illinois 60422 Senol Dzaferoski 350 Kromray Lemont, Illinois 60439 George Arnold 1 1800 South 75th Avenue, Suite 300 Palos Heights, Illinois 60463 Candise Grossi 1361 Notre Dame Drive Lemont, Illinois 60439 Mike O'Brien 235 Canal Street Lemont, Illinois 60439 and; $ 60,000.00 75,000.00 1 10,000.00 130,000.00 I 1 5,000.00 85,000.00 1 18,000.00 WHEREAS, the previous high bidder was unable to fulfill his contractual obligations and close; and WHEREAS, the Village of Lemont has reviewed other proposals submitted at the opening bid; and WHEREAS, the Village of Lemont has given special consideration to restriction and covenant running with the land that the first floor of the building will be used for retail only and other compatible historic improvements; and WHEREAS , the Village of Lemont is desirous of amending previously adopted Ordinance No. 0 -50- 01; NOW, THEREFORE, BE IT ORDAINED by the President and the Board of 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 Canal Street Holdings, LLC, c/o Hughes & Cebula, Ltd., 19815 Governors Highway, Flossmoor, Illinois 60422, in the amount of One Hundred Ten Thousand Dollars ($110,000.00) be accepted pursuant to the terms of the contract here attached and further that the Deed of Conveyance and Ordinance recite that this transfer is subject to a restriction that the first floor of the property can be used for those uses allowed under the current B -2 Historic District, excluding the following uses: Air Conditioning, Refrigeration and Heating Shops; Automobile Accessory Stores; Banks and Financial Institutions; Blueprinting, Photostating and Copying Services; Clubs or Lodges; Currency Exchanges; Diaper Services; Employment Agencies; Heating and Plumbing Sales and Service; Launderette, Automatic, Self- Service only or Hand Laundry; Locksmith Shops; Mail Order Catalog Store; Package Liquor and Party Supply Store; Physical Therapy, Speech Therapy and Related Facilities; Plumbing Showrooms and Shops; Post Office and Express Mail Agencies; Recording and South Studios; Telephone Answering Service; Temporary Buildings for Construction Purposes; Telephone Exchange and Equipment Building; Ticket Agencies /Amusements and Sports; Veterinarians and Animal Hospitals; Banks and Financial Institutions with Drive Thru Lanes; Day Care Centers; Dry Cleaning Establishments; Funeral Home; Laundromat, including Self- Service and Coin Operated Equipment; Medical Offices and Facilities; Offices (Professional, Business, Public or Institutional; Temporary Buildings for Construction Purposes for a period not to exceed the duration of such construction. 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 Canal Street Holdings, LLC, 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 IL day of tn U 0,01 41- , 2001. AYES NAYS PASSED John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio Approved by me this tZ44" day of 'no kiQ;,, .\ O eAr. , 2001. ]_. PIAZZA, Villag- Pr:-nt Attest: CHARLENE M. SMOLLEN, Village Clerk REAL ESTATE CONTRACT SELLER: Village of Lemont, a Municipal Corporation ADDRESS: 418 Main Street, Lemont, Illinois 64439 BUYER: Canal Street Holdings, LLC (to be completed) ADDRESS: 307B Canal Street, Lemont, Illinois 60439 (to be completed) 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) STREET ADDRESS: 313 Canal Street, Lemont, Illinois 60439 LOT SIZE: APPROXIMATELY 25.91 x 128.9 I x 25.03 x 135.69 IMPROVED WITH: PRICE AND TERMS: PURCHASE PRICE Two Story Frame Building and Detached Garage $110 , 000.00(to be completed) EARNEST MONEY DEPOSIT UPON EXECUTION $ 10,000.00 In the form of Cashier's Check, Bank Money Order - (which shall be placed in a non - interest bearing account) BALANCE DUE AT CLOSING $100 , 000.00(to be completed) CLOSING: The dosing shall be within thirty (30) days of the Village Board approval of the contract as per publication notice. POSSESSION: Seller shall deliver possession to the Buyer at dosing. TITLE EVIDENCE: Seller, at its expense, shall furnish not less than five 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 those items set forth in the attached title commitment issued by Stewart Title Insurance Company. = Page 1 of 3 DEED (CONVEYANCE, LIENS, ENCUMBRANCES): Seller shall convey or cause to be conveyed to Buyer title to the premises by a recordable special warranty deed ec Buyer, subject to the following: (a) general real estate taxes not due and payable at the time of closing; (b) building lines and building laws and ordinances; (c) zoning laws and ordinances; (d) public and utility .easements which serve the premises; (e) party wall rights and agreements; if any. PRORATIONS: The following items, if applicable, shall be prorated as of the date of closing; (a) general real estate taxes. Prorations of general taxes shall be on the basis of 10096 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 the final proration when the complete assessment information is available from the County Assessor shall be signed at closing by the parties hereto. DAMAGE BY CASUALTY BEFORE CLOSING; 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. SURVEY: Seller at its expense, shall furnish to Buyer an existing survey provided by Thomas j. Cesal, an Illinois Professional Land Surveyor, a copy of which is attached, showing the location of all improvements, and Buyer acknowledges encroachment as shown. PERFORMANCE/DEFAULT: The earnest money and this Contract shall be held by the Village of Lemont (Escrowee) for the benefit of the parties hereto, and applied in accordance with #5 of the condition hereinafater set forth. If Buyer defaults, all earnest money shall be forfeited to Seller. ADDITIONAL CONDITIONS AND STIPULATIONS: I . This property is being sold "as is" and the Buyer acknowledges that the property contains several building code violations and building encroachments. 2. Buyer agrees to apply for a building permit within forty -five (45) days of the date of dosing. 3. The Buyer agrees to correct all building code violations and obtain a Certificate of Occupancy within nine (9) months from the date a building permit is issued. 4. The Village will give special consideration and may not accept the highest offer if the proposed remodeling demonstrates special attention to maintaining architectural compatibility with surrounding historic structures and uses. As part of the bid proposal, Buyer shall submit a written or graphic proposal for renovation of the building. 5. Buyer will not be given credit for the earnest money deposit at dosing and k will be retained by the Village until final completion and satisfaction of terms of the sale including but not limited to a Certificate of Occupancy. Page 2 of 3 The Contract shall be executed and one copy thereof delivered to Seller and one copy delivered to Buyer. THIS IS A LEGALLY BINDING CONTRACT WHEN SIGNED. IF NOT UNDERS BEFORE SIGNING. Buyer. By: Grego S wartz, Membe Address: 307B Canal Street Lemont, Illinois 60439 Telephone: 630 257 -6483 Fax: N/A Date of Offer.^ Auk r 1 n, 2 n t Seller: OOD, SEE LEGAL ADVICE Village of Lemont Date of Acceptance: (This date shall be inserted only after the parties Have agreed to all the terms and conditions of this Contract and is also referred to herein as the Contract Date). IDENTITY OF ATTORNEYS Robert E. Kirtland Buyer,sAttorney: Hughes & Cebula, Ltd. Address: 19815 Governors Hwy.. Ste. ll Flossmoor, Illinois 60422 Telephone: 708 799 -3700 Fax: 708 799 -3729 Seller's Attorney: John P. Antonopoulos Address: 15419 127th Street, Suite I00, Lemont, II Telephone: 630/257 -5816 Fax: 630/257 -8619 Page 3 of 3 PROPOSED IMPROVEMENTS PROPERTY ADDRESS: 313 CANAL STREET, LEMONT, ILLINOIS PURCHASER: CANAL STREET HOLDINGS, LLC Canal Street Holdings, LLC, an Illinois limited liability company, ( "Canal Street ") in accordance with the terms of the proposed Real Estate Contract between the Village of Lemont, a municipal corporation and Canal Street would, if chosen to be the purchaser of 313 Canal Street, anticipates completing the following improvements within nine months of obtaining a building permit: To the Building's Exterior: 1. Remove vinyl siding from front of building and scrape, prime and paint the wooden clapboard siding believed located underneath the vinyl siding. The goal is to return the facade to the look and feel, as much as reasonably possible, to the picture received by Canal Street from the Lemont Historical Society (see attached copy of picture). 2. Refinish and paint the existing first floor, front door along with the trim surrounding the door. 3. Replace transom windows on the first floor storefront with modern energy, efficient yet aesthetically pleasing windows. 4. Replace existing door for the upstairs apartment with a new door appropriate for the building's aesthetics. 5. Replace the entire building's roof to include the tear off of the old roofing material, repair any decking deficiencies, and installation of a new roof. 6. Replace closed up, inefficient windows located on the building's second floor, with modern, energy efficient windows while intending to closely maintain a vintage look comparable with the other existing windows. To The Buildings Interior: 7. Repair all damaged interior walls and apply a fresh coat of paint to all interior surfaces. 8. Repair, update, and replace the building's obsolete electrical system, as needed, so that it meets or exceeds the present Village of Lemont Electrical Code. 9. Repair, update, and replace the buildings antiquated plumbing system, as needed, so that it meets or exceeds the present Village of Lemont Plumbing Code requirements. 1 PROPOSED IMPROVEMENTS PROPERTY ADDRESS: 313 CANAL STREET, LEMONT, ILLINOIS PURCHASER: CANAL STREET HOLDINGS, LLC Canal Street Holdings, LLC, an Illinois limited liability company, ( "Canal Street ") in accordance with the terms of the proposed Real Estate Contract between the Village of Lemont, a municipal corporation and Canal Street would, if chosen to be the purchaser of 313 Canal Street, anticipates completing the following improvements within nine months of obtaining a building permit: To the Building's Exterior: 1. Remove vinyl siding from front of building and scrape, prime and paint the wooden clapboard siding believed located underneath the vinyl siding. The goal is to return the facade to the look and feel, as much as reasonably possible, to the picture received by Canal Street from the Lemont Historical Society (see attached copy of picture). 2. Refinish and paint the existing first floor, front door along with the trim surrounding the door. 3. Replace transom windows on the first floor storefront with modern energy, efficient yet aesthetically pleasing windows. 4. Replace existing door for the upstairs apartment with a new door appropriate for the building's aesthetics. 5. Replace the entire building's roof to include the tear off of the old roofing material, repair any decking deficiencies, and installation of a new roof. 6. Replace closed up, inefficient windows located on the building's second floor, with modern, energy efficient windows while intending to closely maintain a vintage look comparable with the other existing windows. To The Buildings Interior: 7. Repair all damaged interior walls and apply a fresh coat of paint to all interior surfaces. 8. Repair, update, and replace the building's obsolete electrical system, as needed, so that it meets or exceeds the present Village of Lemont Electrical Code. 9. Repair, update, and replace the buildings antiquated plumbing system, as needed, so that it meets or exceeds the present Village of Lemont Plumbing Code requirements. 1 10. Replace the existing single furnace with two new, energy efficient furnaces: one for the second floor apartment and the other for the first floor commercial space. Install centralized, air conditioning units for the first and second floors. Install new thermostats and ductwork as required. 11. Replace missing or damaged decorative metal ceilings tiles in the first floor commercial space with new decorative metal ceiling tiles in order to recreate the buildings vintage look and charm. 12. Sand, stain, and seal hardwood floors located on the first and second floors. 13. Remodel and update first and second floor bathrooms to include installation of modern plumbing fixtures such as toilets, faucets, bathtubs, and bathroom fans. 14. Update and modernize the kitchen located in the second floor apartment to include the installation of a new sink, faucet, cabinets, countertops, and appliances. 15. Correct all building code violations as required by the Village. The overall intention of Canal Street is to preserve as much of the existing materials as possible and match or replace obsolete or dysfunctional materials with like material on the building's interior and exterior. \\ Ntserver \public\Billing\ATTYTIME\313 CANAL.doc 16. Purchaser further agrees to take subiect to a de?d restriction, restricting the property on the first floor to the current B -2. Historic District, exiv i'ding. the following uses: Air Conditioning, Refrigeration and Heating Shops; Automobile Accessory Stores; Banks and Financial Institutions; Blueprinting, PhotostAt.ingand Copying Services; Clubs or Lodges; Currency Exchanges;. Diaper Services; Employment Agencies; Heating and Plumbing Sales and Service; Launderette, Automatic, Self - Service only or Hand Laundry; Locksmith Shops; Mail Order Catalog Store; Package Liquor and Party Supply Store; Physical Therapyy-; Speech Therapyy and Related Facilities; Plumbing Showrooms and Shops; Post Office an Express Mail Agencies; Recording and South Studios; Telephone Answering Service; Temporary Buildings for Construction Purposes; Telephone Exchange and Equipment Building; Ticket Agencies /Amusements and Sports; Veterinarians and Animal Hospitals; Banks and Financial Institutions with Drive Thru Lanes; Day Care Centers; Dry Cleaning Establishments; Funeral Home; Laundromat,. including Self- Service and Coin - Operated Equipment; Medical Offices and Facilities; Offices (Professional, Business, Public or Institutional; Temporary Buildings for Construction Purposes for a period not to exceed the duration of such construction.. • • .• LEHONT -i - ?313r. • !:Londcr /Donn: of photograph Address /Phone i.o. • Measurement of p rint (in centimeters) Date of print 6-./9•1•1.. 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