O-71-04 10/11/04VILLAGE OF LEMONT
ORDINANCE NO. 0 -'7r -d'f
AN ORDINANCE AUTHORIZING PURCHASE OF PROPERTY
AT 16680 NEW AVENUE, LEMONT, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 11th day of October , 2004
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 11th day
of October , 2004
ORDINANCE NO. -11 -€»/
ORDINANCE AUTHORIZING THE PURCHASE OF PROPERTY
AT 16680 NEW AVENUE
IN LEMONT, ILLINOIS
WHEREAS, the Trustees of the Village of Lemont deem it advisable and necessary for the health,
safety, and welfare of the residents of the Village of Lemont to provide for the purchase approximately 4.98
acres of a certain property, commonly known as 16680 New Avenue in Lemont, Illinois; and
WHEREAS, pursuant to Chapter 65 ILCS, the Village is authorized to acquire property for a public
works facility; and
WHEREAS, the Seller has agreed to provide the property in accordance with the contract attached
hereto and made a part hereof, for the sum of Five Hundred Thousand Dollars ($500,000.00);
NOW, THEREFORE, BE IT ORDAINED BY THE President and Baord of Trustees of the
Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
Section One: The foregoing recitals are incorporated herein as findings of the Board of
Trustees of the Village of Lemont.
Section Two: The President and Board of Trustees hereby determine that it is advisable,
necessary, and in the best interests of the municipality to purchase the subject property for
a public works facility and to enter into an agreement with the seller providing for the
purchase of said property at a total cost of Five Hundred Thousand Dollars ($500,000.00).
Section Three: The President and Board of Trustees hereby authorize the President
and the appropriate governmental officials to execute the attached contract and any other
documents necessary to acquire title and to pay such amounts as may be necessary in
connection with said purchase.
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All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed.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 11th
day of October , 2004.
AYES NAYS PASSED ABSENT
Debby Blatzer /
Peter Coules ✓
Brian Reaves /:
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
Attest: Az4freeso
CHARLENE SMOLLEN, Village Clerk
Oct.18. 2004 2:44PM A
VTONOPOULOS & VIRTEL PC No.8019 P. 2
October 19, 2004 REAL ESTATE CONTRACT
SELLER: Norman Tiedt and Patricia Tiedt ❑ SINGLE FAMILY
ADDRESS! 11020 62'1 Street, LaGrange, Illinois 60525 ❑ MULTI - FAMILY
(CITY) (STATE) (ZIP)
BUYER: Village of Lemont, a Municipal Corporation ❑ TOWNHOUSE
ADDRESS: 418 Main Street, Lemont, Illinois 60439 ❑ CONDOMINIUM
(CITY)
(STATE) (ZIP)
❑ 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)
As identified in a survey prepared by Area Survey dated September 15, 2004, Parcels 1 and 4
STREET ADDRESS 16680 New Avenue, Lemont, Illinois 60439 (Include "Unit
Number" if condominium or townhouse) (CITY) (STATE)
LOT SIZE: APPROXIMATELY 4.98 Acres IMPROVED WITH Vacant Industrial
All customary sales expenses will be paid for by the Village of Lemont, except for tax prorations.
Seller agrees to grant an easement to the Village of Lemont for storm water detention on an adjoining one acre parcel, and
easement over parcel 2230 -101 -041 for sanitary sewer and water main. The existing stormwater detention on the adjacent
one acre parcel shall be allocated to the Village of Lemont for its use.
PRICE AND TERMS:
PURCHASE PRICE $ 500,000.00
EARNEST MONEY DEPOSIT
In the form of (cash), (personal check), (cashier's check) or judgment note due ) $
BALANCE DUE AT CLOSING $ 500,000.00
FINANCING:
This Contract is contingent upon Buyer securing within 45 days, proceeds of a revenue bond, in the amount of $500,000 or such
lesser sum as Buyer accepts, with interest not to exceed 3.75% per year, to be amortized over 10 years, the combined origination
and discount fees for such loan not to exceed NIA %, 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 December 6, 2004 at the office of Buyer's lender, or title company. Parties to be equally
responsible for the cost of escrow closing.
TITLE EVIDENCE: All customary sales expenses will be paid for by the Village of Lemont, except for tax prorations.
Seller, at his expense, shall furnish not less than five (5) days prier to the closing date, a title commitment for an owners title insurance policy issued by an
Illinois licensed tide 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 tide 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 general warranty deed with release of homestead rights, or trustee's
Page 1 of 4
Oct.10. 2004 1:02PM1 ANTONOPOULOS & VIRTEL PC No.7652 P. 3
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) zcning 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 anc condominium declaration, if applicable.
PRORATIONS:
The following Items, if applicable, shall be prorated as of the date of dosing: (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; All customary sales expenses will be pald for by the Village of Lemont, except for tax proratlons.
Seller at his expense, except for condominiums, shall furnish to Buyer a current staked survey (dated not more than 5 months prior to the closing date), having
all corners staked, under certification by an Illinois Lensed 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: N/A
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 B.ryer's broker are Identified on page four (4) of this
Contract.
ATTORNEY MODIFICATION:
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 al refuse shall be removed from the premises
at Seller's expense by the possession date.
PROPERTY INSPECTION CONTINGENCY:
This Contract is contingent u .on the Purchasers evaluation testin• and studies to satis itself as to soil conditions and
environmental concerns. In the absence of 30 da
have been satisfied.
s written notice to
the
Seller
it shall be assumed that the ins
ection contin'encies
WELL AND SEPTIC TEST: (Select one applicable option) N/A
Q The subject property is served by a community or municipal water and sewage treatment system (well and sez>ic test provision inapplicable),
subject property
OR
0 The su
b1 p petty Is not served by a community or municipal water and /or sewage treatment system. Seder 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 eamest 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 Seiler and Buyer prior to the Contract Date.
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Oct.10. 2004 1:02N ANTOPOPOULOS & VIRTEL PC No,7652 P. 4
PERFORMANCE/DEFAULT/RELEASE OF EARNEST MONEY:
The earnest money and this Contract shall be held by (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 eamest 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 orde', 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'a 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 perfomned 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 fisting agreement between the Seller and the broker. The foregoing
remedies are not intended to be excluaive 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: N/A
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 (B) months prior to the closing date, stating that there s 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 tc 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.
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 Con-ract 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 brolof or attorney, shall constitute sufficient notice
or acceptance. Original documents shall be forwarded in all instances within three (3) business days of such not ce. Notice to any one party of a multiple
person party shalt be sufficient service to all.
(d) This Contract and any riders attached hereto shall constitute the entire agreement and understanding be ween 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 tie 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 parse -sph 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 detemire 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.
(1) Seller shall pay for the State of Illinois and county real estate transfer tax stamps, Any municipal transfer :ax shall be paid by the party designated in the
ordlnance of the municipality Imposing the tax.
0) If the improvements on the property shall be destroyed or materially damaged by fire or other casualty prior to c osing, 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. 1
This Contract and Riders numbered RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT and LEAD
BASED PAINT DISCLOSURE, unless inapplicable, are attached hereto and incorporated herein, shall be eke0Lted by Buyer and Seller and one copy thereof
delivered to Seller and one copy delivered to Buyer,
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Oct•10. 2004 1:02PM ANTONOPOULOS & VIRTEL PC No.7652 P. 5
THIS IS A LEGALLY BINDING CONTRACT WHEN SIGNED. IF NOT UNDERSTOOD, SEEK LEGAL ADVICE BEFORE SIGNING.
Village of Lemont, a Municipal Corporation
BUYER(S): By: SELLER(S):
BUYER(S); 15
Date of Offer:
SELLER(S):
Patricia Tiedt
Data 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;.
BUYER'S BROKER: N/A
IDENTITY OF BROKERS AND ATTORNEYS
SELLERS BROKER: N/A
(Company)
Telephone; Telephone #
Fax: Fax:
(Designated) or (Dual Agent): (Select one) (Designated) or (Dual Agent): (Select one)
(Company)
(Agent's Name) (.ggent's Name)
BUYER'S SELLER'S
ATTORNEY: John P. Antonopoulos ATTORNEY: Jim L. Stortzum
10/23 W. 1.59th Street
Address: 15419 127v Street, Lemont, IL 60439 Address: or and Park, IL 0467
Telephone: 630 - 257 -5816 (708) 349 -4002
ep Telephone:
Fax: 630 - 257 -8619 Fax: (708) 349 -6687
Page 4 of 4
L0/90 39 d
RIDER 1
In consideration for LaSalle Bank as Trustee under Trust #231 (Norman and Patricia
Tiedt) (grantor) granting the Village of Lemont a permanent utility easement on the south
side of the property, the Village of Lemont grants the grantor a credit for the connection
fees for a water and sewer tap and agrees to permit the grantor to connect to the Village
water system and sanitary sewer system at the time, when an annexation agreement is
entered into with Lemont for the grantor's property or when the property is annexed to
Lemont whichever occurs first. One tap is for water and one tap is for sanitary sewer with
each tap being an industrial size tap appropriate for the current building and conforming
to Village requirements. This agreement is binding on the parties successors and assigns.
WIlZThOIS WIC L8996PE80L 9p:9i 0002/8Z/0t