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HomeMy WebLinkAboutORDINANCE - 1946 - 2/9/1988 - REAL ESTATE PURCHASE AGREEMENTORDINANCE NO. 1946 AN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND DAVID AND BARBARA SHAVER WHEREAS, the Village of Elk Grove Village, pursuant to Ordinance No. 1899 duly adopted and approved by the President and Board of Trustees on June 9, 1987 is authorized to acquire by condemnation or negotiated sale certain properties legally described in said Ordinance; and WHEREAS, the Village has further determined a need to acquire additional property abutting the properties set forth in said Ordinance; and WHEREAS, the Village of Elk Grove Village through its author- ized agents has negotiated for the purchase of certain parcels of property to the extent that the Village is prepared to enter into a Real Estate Sale Contract with David and Barbara Shaver, a copy of said Sale Contract being attached hereto and incorporated herein as Exhibit 1 to this Ordinance; and WHEREAS, the Village of Elk Grove Village is a Home Rule Village and this Ordinance is adopted in accordance with the authority vested in Home Rule municipalities by the Constitution of the State of Illinois; NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the Village President and Village Clerk are hereby authorized to execute a Real Estate Sale Contract between the Village of Elk Grove Village and David and Barbara Shaver for a certain parcel of real estate, commonly known as 1703 Biesterfield Road, Elk Grove Village. Section 2: That the Village President and Village Clerk are further authorized to enter into a lease agreement between the Village and David and Barbara Shaver a copy of which is attached hereto and incorporated herein. Section 3: That this ordinance shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 6 NAYS: 0 ASSENT: 0 APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 9th day of February , 1988. APPROVED this 9th day of February , 1988. EXHIBIT 1 CHICAGO TI, SUAANCE COMPANY • ILLINOIS FORM A' Real Estate Sale Contract GE OF ELK GROVE t agrees to purchase at a price of S in Cook 200 n Illinois tat crpai corporaLion (Purchaser) on the terms set forth herein, the following described real estate County, Illinois: (If legal description is not in(duded at tune of execution, Purchaser's attorney is authorised to insert thereafter.) commonly known as 1703 W. Biesterfield Road, Elk Grove Village and with approximate lot dimensions of irregular x , together with the following personal property presently located thereon: (strike items not appli('ahle) (a) storm and screen doors and windows; (h) a Anings; (c)amid ee►television antenna; (d) wall -lo -wall, hallway and stair carpeting; (e) window shades and draperies and supporting fixtures; (f) venetian blinds; (g) electric, plumbing and other attached fixtures as installed; (h) water softener; (i)sefsig---'--'. ` 6) s9ege(i ); (k) garage door opener with transmitters; (I) mdiaNs ee e 9 ;and also planted vegetation; outdoor shed or Seller can remove shed rovided underlying land is restored to Purchaser's satisfaction and excluding curtains An 4th e room 2 DAVID AND BARBARA SHAVER (Seller) (Insert names of all owners and their respective spouses) agrees to sell the real estate and the property, if any, described above at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto (in joint tenancy) by a recordable Warranty deed, with release of homestead rights, and a proper bill of sale, subject only to: (a) covenants, conditions and restrictions of recordlt) rpivios, publicowd utility easements and roads and highways, if any; (e) (i) general taxes for the year ivO l and subsequent years includings taxes which may accrue b re on of or additional im rove ents durin the a (s) and to /**which do not prevent the use of 11 or a Forrion o the proper�y 1'or any glaw�eui puTiT utpose including but not limited to public roadway purposes 3. Purchaser has F"id $-(andpay wilhiii days the additiwnu4sum er5 agrees to pay OF SRI 45 11111 116181160 t the purchase price, plus or minus proration, at the time of closing as follows: (Strike .suhparagraph inapplicahle) (a) The payment of $ Purchaser [does] [does not) agree to assume) aggregating S payment of a sum which represents t mortgage or trust deed on the real estate in the amount of S e o %a year, and the at the time of closing and the balance of the purchase or such lesser sum as Purchaser riot to exceed % a year to be amortized over years, thecommission and service chargesf�that o exceed % If, after making every reasonable effort, Purchaser is unable to procure such commitm tme spcclfied hnotified Seller thereof within that time, this contract shall become null and void and ,n oney shall be returned to Purchaser; providler, at his option, withina like period of time following Purc ce procures for Purchaser such a commitment or notifies Purchaser that Seller will accept a purchase money mortgage 5. The time of closing shall he on Feb ruary29 1488 OF @ FBIWe, or on the date, if any, to which such time is extended by reason of paragraph 2 of the Conditions and Stipulations hereafter becoming operative (whichever dmr is later), unless subsequently mutually agreed otherwise, at the office of Purchaser's attorney y &A .1 - rrwr �-7.rsrl.r.-.4anw, pluvidrd title is shown lu he good al is netrpled by Pmchn+et, the day of closing, provided, however, that actual possession by 6. Seller shall deliver possession to Purchaser on rester shall be retalnea ana ue sub if which is attached to the Ordinan 7. Seller agrees to pay a broker's commission to in the amount set forth in the broker's listing contract or as follows: , a copy 9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract, ordinary wear and tear excepted. 10. A duplicate original of this contract, duly executed by the Seller and his spouse, if any, shall be delivered to the Purchasers within 2 days from the date below, otherwise, at the Purchaser's option, this contract shall become null and void and the earnest money shall be refunded to the Purchaser. This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions and Stipulations are made a part of this contract. Dated Purchaser (Address) Purchaser (Address) Seller (Address) Seller (Address) •Form rr:,r mall: ,r.rd I,•r sale ut r0, 1,wial Peeper,( nl tom m teem units, %;ONDITIONS AND STIPULATIONb At Purchaser's expense + I. NSeller shall deliver or cause to be delivered to Porchaser or ljur'h:) s a "nl. not Ices th 5 l ys prior to the time of closing, atide commitment for Attor e s 1, e ,uarintv'pu Lai an owner's title insurance policy issued by the _ mthc anfount of the purchase price. covering title to the real estate on or after the date hereof, showing title in the intended grantor subject only to (a) the general exceptions contained in the policy unless the real estate is improved with a single family dwellingl or an apartment building of four or fewer residential units, (bthe title exceptions set forth above, and (c) title exceptions pertaining to lisiliai incumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closingand which the Seller ww}so remove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions). The title commitment shall be conclusive evidence of good title as therein shown as h) all matters Insured by the policy, subject only to the exceptions as therein slated. Seller also shall furnish Purchaser an affidavit of title in customary form covering i he dale of closing and showing title to Setter subject only to the permitted exceptions to foregoing items (b) and (c) and unpermitted exceptions, if any, as to which the title Insurer commits to extend insurance in the manner specified in paragraph 2 below. 2. If the title commitment discloses unpermitmd exceptions, Seller shall have 30d a ys from the date of deIivery thereof to have the except ions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions, and, in such event, the time of closing shall be 35 days after delivery of the commitment or the time specified in paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the exceptions removed, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions within the specified time, Purchaser may terminate this contractor may elect. upon notice to Seller within 10 days after the expiration of the 30 -day period, to lake title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not so elect, this contract shall become null and void without further actions of the parties. water and other utility charges, fuels, prepaid service contracts, general taxes, accrued interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. If the amount of the current general taxes is not then ascertainable, the adjustment thereof shall been the basis of the amount of the most recent ascertainable taxes. All prorations are final unless otherwise provided herein. . , . Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title, and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinoiswwd Shall §"Fpihh &my deei a fate% sigried by the Sol! tif a F ilia 961 W F's ag%04 OF ioiie� ekhov FSE Q+ Ed MOMS US 01AAb I k%hdd by RRY WgAeFdi Rd Ree With *eg*Fd tO at I& RIft . t8lit SH811 lHil Retwifed 11) 00HI OFd AaRG@ shall 138 Paid by 11160 PAF -5' 1POP 'A 146M h 1911 HFj:&' 100 PIWOU Fftfl !Rb li�iri,, "iWF@fQF. lI-u,h 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. e M I � I hi I BR'F AW it I A FMi a! Od 0 1WHI PH F0110 SO F'S f0till, 1118 NO FROSt MORO y 6 6- F-WIFFIMI 14" 1110 Pff 'WhOF, bill f1hil IffffliNfiliOR is 00060d hyt Pu e! itsei's fault, then at the aptio t of Nie Selle! and upon not ee to Hie Pureli"Ner, the earlem 1 nop e5 slitil! be fit it+ ed to tile qellerd d applied first !a 6. At the elec on of Seller or u has rup nnotice to th ther party not less than 5 days prior to the time of closing, this sale shall be closed through an tto��eys� �}trfe_�ua.rant and escrow with r m acfcoida ncc yvvnh the general provisions of the usual form of Deed and Money Escrow Agreement then in use by t t0 .1. e S T le u , W1 i�chEspecial provisions inserted in the escrow agreement as may be required to conform with this contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow. The cost of the escrow shall be assessed to the party requesting same. 7. Time is of the essence of this contract. 8. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of notice by registered or certified mail, return receipt requested, shall be sufficient service. 9. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Real Estate Settlement Procedures Act of 1974. In the event that either party shall fail to make appropriate disclosure when asked, such failureshall beconsidered a breach on the pan of said party. 10. Purchaser and Seller hereby agree to enter into a Lease Agreement whereby Seller shall remain in possession of the premises for a period of one (1) year from the date of closing or such shorter period as Seller may determine. The Lease Agreement shall provide a monthly rent in an amount not to exceed the Village's cost of ownership, including real estate taxes, insurance and partial interest costs, as determined and agreed upon by the parties. A copy of the agreed Lease Agreement is attached hereto as Exhibit A. FORM 3772 R. 3/79 .RESIDENCE LEASE NO. 14 GEORGE E. COLE' (REPLACES OLD FORMS 14 AND 14B) October, 1968 LEGAL FORMS RESIDENCE LEASE DATE OF LEASE TERM OF LEASE RENT SECURITY DEPOSIT - BEGINNING ENDING (February 29,1988 ,March 1, 1988 1February 28,1989 $625.00/month T N/A *IF NONE, WRITE "NONE'; Paragraph 2 of this Lease then INAPPLICABLE. LESSEE LESSOR NAME • DAVID SHAVER and BARBARA SHAVER NAME • VILLAGE OF ELK GROVE VILLAGE ADDRESS OF • 1703 W. Biesterfield Road ADDRESS • 901 Wellington Avenue PREMISES . Elk Grove Village, Illinois 60007 CITY . Elk Grove Village, Illinois 60007 CITY , In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor for a private dwelling the Ir use designated above (the "Premises"), together with the appurtenances thereto, for the above term. RENT I 1. Lessee shall pay Les as rent for the Premises the sum stated above, monthly in advance, until termination of this lease{{ at Lessor's address stated above or such other address as Lessor may designate in writing. Time of ehch such payment is of the essence of this agreement. SECURITY DEPOSIT CONDITION OF PREMISES REPAIR LIMITATION OF LIABILITY USE; SUBLET; ASSIGNMENT RIGHT TO RELET HOLDING OVER FLAMMABLES TAXES AND UTILITIES 3. Lessee acknowledgesjhat the Premises are in good repair, except as herein otherwise specified, and sentati that no repreons as to the condition or repair thereof have been made by the Lessor, or Lessor's agent, prior to or at the execut on of this lease, that are not herein expressed. 4. The Lessee covenant and agrees with Lessor to take good care of and keep in clean and healthy condition the Premises and tl eir fixtures, and to commit or suffer no waste therein; that no changes or alterations of the Premises sh II be made or partitions erected, nor walls papered without the consent in writing of Lessor, that Lesse will make all repairs required to the walls, windows, glass, ceilings, paint, plastering, plumbing work, pi es, and fixtures belonging to the Premises, whenever damage or injury to the same shall have resulted fron misuse or neglect; and Lessee agrees to pay for any and all repairs that shall be necessary to put the Prem ses in the same condition as when he entered therein, reasonable wear and loss by fire excepted. ;Ind (11 expense of such repairs shall be included within the terms of this lease and any judgment by confession CI cred therefor. 5. The Lessor shall n t be liable for any damage occasioned by failure to keep the Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, sewerage. or the bursting, leaking or running from any cistern, tank, washstand, water closet or waste pipe in, above, upon or about the Premises, nor for damage occasioned by water, snow or ice, being upon or coming through the roof, skylight, trap door or otherwise, nor for any damage arising from acts or neglect of anyowners or occupants of adjacent or contiguous property. 6. Lessee will not a4 ow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified, nor to be occupied, in whole or in part, by any other pe{son, and will not sublet the same, or any part thereof, nor assign this lease, without in each case the Lessor's written consent had, and will not permit and transfer, by operation of law, of the interest in the Premises acquired through this lease; and will not permit the Premises to be used for unlawful purpose or purposes that will injure the reputation of the same or of the neighborhood; will keep no dogs, carts or other animals or pets in or about the Premises; will nal permit the Premises to remain vacant or unoccupied for inure than ten consecutive days; and will not permit any alteration of or upon any part of the Premises, nor allow any signs or placards posted or placed thereon, except by written consent of the Lessor; all alterations and additions to the Premises shall remain for the benefit of the Lessor unless otherwise provided in said consent. 7. If Lessee shall abandon or vacate the Premises, the same shall be re -let by the Lessor for such rent, and upon such terms as Lessor may see fit; and if a sufficient sum shall not be thus realized, after paying the expenses of such re -letting and collecting, to satisfy the rent hereby reserved, the Lessee agrees to satisfy and pay all deficiency. 8. If the Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then the Lessor may at Lessors option within thirty days after the ter- mination of the term serve written notice upon Lessee that such holding over constitutes either (a) renewal of this lease for one year, and from year to year thereafter, at double the rental specified under Section 1 for such period, or (b) creation of a month to month tenancy, upon the terms of this lease except at double the monthly rental specified under Section 1, or (c) creation of a tenancy at sufferance, at a rental of Fifty_(�50.00) dollars per day for the time Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at (c) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. 9. Naphtha, benzine, benzole, gasoline, benzine -varnish, gunpowder, fireworks, nitroglycerine, phos- phorus, saltpeter. nitrate of soda, camphene, spirit -gas, or any flammable fluid or oil, shall not be allowed or used on the Premises without the written permission of the Lessor. 10. Lessee shall pay (in addition to the rent above specified) all water taxes and all gas, electricity and power bills, levied or charged on or in respect of the Premises, for and during the term of this lease, R paFt; and in case said water taxes and gas, electricity and power bills shall not be paid when due, Lessor shall have the right to pay the same, which amount so paid, together with any sums paid by Lessor to keep the Premises and their appurtenances in good condition as hereinbefore specified, shall be due and payable with the next installment of rent due thereafter under this lease. SIGNS COMPLIANCE DEFAULT CONFESSION RENT AFTER NOTICE OR SUIT FIRE AND CASUALTY PAYMENT OF COSTS PLURALS; SUCCESSORS SEVER- ABILITY 11. Lessu. ,escrves the Tight to put up a " ret : n e€ sitis -� the term of this lease. kese ut)d e "For Sal ry-t�s-t* 10 o ,. Yuringthe" last 30 days of the 12. Lessee will in every respect comply with the ordinances of the municipality aforesaid, with the rules and orders of the health officers thereof, with the orders and requirements of the police department, with the requirements of any underwriters' association so as not to increase the rates of insurance noon the building and contents thereof, and with the rules and orders of the fire department in respect to any matters coming within their jurisdiction. 13. If default be made in the payment of the above rent, or any part thereof, or in any of the covenants herein contained to be kept by Lessee, it shall be lawful for Lessor at any time, at his election, without notice, to declare said term ended and to re-enter the Premises, or any part thereof, with or with- out process of law, and to remove Lessee or any persons occupying the same, without prejudice to any remedies which might otherwise be used for arrears of rent, and Lessor shall have at all times the right to distrain for rent due and shall have a valid and first lien upon all personal property which Lessee owns or may hereafter acquire or have an interest in, whether exempt by law or not, as security for payment of the rent herein reserved. 14. The Lessee hereby irrevocably constitutes any attorney of any court of record in this state, at- torney for Lessee in Lessee's name. on default by Lessee of any of the covenants herein, and upon complaint made by Lessor, his agent or assigns, and filed in any such court to enter Lessee's appearance in any such court of record, waive process and service thereof, and confess judgment, from time to time, for any rent which may be due to Lessor, or the Lessor's assignees, by the terms of this lease, with costs and a reasonable sum for attorney's fees, and to waive all errors and all right of appeal from said judgment, and to consent in writ- ing that a writ of execution may be issued immediately. 15. After the service of notice, or the commencement of a suit, or after final judgment for possession of the' Premises, the Lessor may receive and collect any rent due, and the payment of said rent shall not waive or affect said notice, said suit, or said judgment. 16. In case the Premises shall be rendered untenantable by fire or other casualty, Lessor may at his option terminate this lease, or repair the Premises within thirty days, and failing so to do, or upon the de- struction of the Premises by fire, the term hereby created shall cease and determine. 17. The Lessee further covenants and agrees to pay and discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by Lessor in enforcing the covenants and agreements of this lease. 18. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to mean "Lessors" and "Lessees" in case more than one person constitutes either party to this lease, and all such persons shall be jointly and severally liable hereon; anol all the covenants and agreements herein contained shall be binding upon, and inure to, their respective successors, heirs, executors, administrators and assigns and be exercised by his or their attorney or agent. 19. If any clause, phrase, provision or portion o this lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this ]case nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any lause, phrase, provision or portion hereof to other persons or circumstances. 20. Lessee may terminate this Lease greement prior to February 28, 1989 by giving Lessor 30 days written notice ereof. Lessor may advertise the Sale of said premises during said 30 day period and Lessee hereby agrees to Mermit L ssor S d an ros ctive,Purc aser entr to he remises,at reasonable mes an ed prove ed HaRona�Ie notice o such reqieste� en�ry isLiven. WITNESS the hands and seats of the parties hereto, as of the Date of Lease state above. GUARANTEE _{SEAL) ._(SEAL) For value received hereby guarantee the payment of the rent and the performance of the covenants by the Lessee in the within lease covenanted and agreed, in manner and form w in said lease provided. WITNESS—hand and seal—this--day of�. ASSIGNMENT BY LESSOR In consideration of One Dollar, to the Lessor in hand paid, the Lessor hereby transfers, assigns and sets over Successors and assigns Lessor's interest in the within lease, and the rent thereby secured__.— WITNESS hand and seal th NOTE: Use Form Number 12-1 for assignment by Tenant. 19_ 19___.