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O-50-01 09/10/2001VILLAGE OF LEMONT ORDINANCE NO. e)-50.0 ORDINANCE AUTHORIZING SALE OF 313 CANAL STREET LEMONT, ILLINOIS 60439 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This lifr'day of Szpf.i•m%9.G✓ , 200 I . 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 /11 4 day of sy�� . e , 200 I . ORDINANCE NO. 0 So c 1 ORDINANCE AUTHORIZING SALE OF 313 CANAL STREET LEMONT, ILLINOIS 60439 WHEREAS, the Village of Lemont owns the following described real property: The East 'h of Lot 7 in Block 28 in Keepotaw, a Subdivision of the Southwest fractional 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'/ 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 1 1 -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 13 1 S` Street Lemont, Illinois 60439 Greg Schwartz c/o Hughes & Cabula, Ltd. 19815 Governors Highway Flossmoor, Illinois 60422 Senol Dzaferoski 350 Kromray Lemont, Illinois 60439 George Arnold 11800 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 1 30,000.00 1 15,000.00 85,000.00 118,000.00 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 Senol Dzaferoski and the sale of the Real Property to such bidder for the amount bid of One Hundred Thirty Thousand Dollars ($130,000.00); NOW, THEREFORE, BE IT ORDAINED by the Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, as follows: Section One: The foregoing recitals are incorporated herein as findings of the Trustees of the Village of Lemont for the sale of the Real Property. Section Two: The bid of Senol Dzaferoski in the amount of One Hundred Thirty Thousand Dollars ($ 1 30,000.00) 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 Senol Dzaferoski 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 /b ` day of Sr iternbl4" , 2001. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED J Approved by me this /00) day of 47 ��nbL✓ , 2001. CHARLENE M. SMOLLEN, Village Clerk SELLER: ADDRESS: BUYER: ADDRESS: REAL ESTATE CONTRACT Village of Lemont, a Municipal Corporation 418 Main Street, Lemont, Illinois 60439 EA/ ? — 6 z ces-v s %7, 3,5`0 /44) /4 (to be completed) o y3 9 (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 I28.91 x 25.03 x 135.69 IMPROVED WITH: PRICE AND TERMS: PURCHASE PRICE Two Story Frame Building and Detached Garage /3a 00 o (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 /aa 00 a (to be completed) CLOSING: The closing 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 closing. 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 to Buyer. subject to the following: (a).general real estate taxes not due and payable at the time of closing; (b) building r 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. PROBATIONS: The following items, if applicable, shall be prorated as of the date of closing. (a) general real estate taxes. Proration 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 dosing, 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 surrey 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 closing and it 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. .'r 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. BEFORE SIGNING. Buyer:SE,v(a L Address? tc /crov •,-'.4z y /21J Telephon 6i07 S" 7 rs 13 4 Date of Offer: /G -- O / Fax IF NOT UNDERSTOOD, SEEK LEGAL ADVICE Seller: Village of Lem Date of Acceptance: 1,10 -01 (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 Buyer's Attorney: r'IrlrP S k. Address:7 q/ /F LyvuS. i4- (,053 y Telephone(? Gr C/ 7 5 7 3 Fax: (7s) (7" v7 o2 S.) -7 Seller's Attorney: John P. Antonopoulos Address: 15419 127`" Street, Suite 100, Lemont, II Telephone: 630/257 -5816 Fax: 630/257 -8619 Page 3 of 3 MY PLANS ARE AS FOLLOWS FOR THE PROPERTY LOCATED ON313 CANAL ST IN DOWNTOWN LEMONT. ITALIAN STYLE BRICK OVEN PIZZARIA AND BISTRO FIRST OFF I WANT TO START BY GETTING THE BUILDING UP TO CODE FOLLOWED BYARCITECTURAL DRAWINGS IN THE DESIGN AND LAYOUT OF MY IDEA I'LL JUST GIVE YOU AN IDEA OF WHAT SOME OF MY PLANS ARE. MY PLANS ARE TO CREATE A HISTORIC ITALIAN LOOK ON BOTH INSIDE AND OUTSIDE OF THE BUILDING WITH THINGS INSIDE LIKE AN OLD ITALIAN PIZZARIA WOULD HAVE SUCH AS DARK WOOD TABLES WITH VELVET SEATS, PRIVATE BOOTHS, DECORATED WITH OLD WINES AND PICTURES AT EACH TABLE, DIM LIGHTING AND SOFT ITALIAN MUSIC ETC. MY OBJECTIVE IS TO GIVE MY GUESTS THE BEST QUALITY FOODS AND A VERY COMFORTABLE ATMOSPHERE WITHA FRIENDLY ITALIAN STYLE. I THINK THAT THIS IS A GREAT IDEA FOR THIS TOWN AND IT WILL ATTRACT A VERY GOOD CLIENTEL FROM OUR COMMUNITY AS WELL AS OUR SURROUNDING NEIGHBORS. THIS IS ALL OUR TOWN IS MISSING IS A NICE FAMILY SIT DOWN PIZZARIA. SENOL DZAFEROSKI