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.
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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..
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